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Articles 1 - 30 of 66
Full-Text Articles in Entire DC Network
Erasing Race, Llezlie Green
Erasing Race, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hwur exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader antisubordination …
Equality Is A Brokered Idea, Robert Tsai
Equality Is A Brokered Idea, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
The Business Case For Lawyers To Advocate For Corporate Supply Chains Free Of Labor Trafficking And Child Labor, E. Christopher Johnson Jr., Fernanda Beraldi, Edwin Broecker, Emily Brown, Susan Maslow
The Business Case For Lawyers To Advocate For Corporate Supply Chains Free Of Labor Trafficking And Child Labor, E. Christopher Johnson Jr., Fernanda Beraldi, Edwin Broecker, Emily Brown, Susan Maslow
American University Law Review
No abstract provided.
The Right To Be An Asshole: The Need For Increased First Amendment Public Employment Protections In The Age Of Social Media, Alexis Martinez
The Right To Be An Asshole: The Need For Increased First Amendment Public Employment Protections In The Age Of Social Media, Alexis Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock
To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock
American University Business Law Review
No abstract provided.
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Changing Needs Of The Workplace: Looking To State Statutory Expansions For Guidance On Fmla Reform, Christina Potter-Bayern
The Changing Needs Of The Workplace: Looking To State Statutory Expansions For Guidance On Fmla Reform, Christina Potter-Bayern
Labor & Employment Law Forum
No abstract provided.
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas
Articles in Law Reviews & Other Academic Journals
Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Labor & Employment Law Forum
No abstract provided.
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
Labor & Employment Law Forum
No abstract provided.
Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz
American University Law Review
No abstract provided.
Introduction To Worker Cooperatives And Their Role In The Changing Economy, Priya Baskaran
Introduction To Worker Cooperatives And Their Role In The Changing Economy, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This article advocates for cooperatives as a vehicle for protecting and empowering vulnerable workers, like those in New York’s nail salons. Some may argue that worker cooperatives are unnecessary and that advocacy groups and legislation would be just as effective. California has a nonprofit, the California Healthy Nail Salon Collaborative (CHNSC), which is dedicated to advocating for healthy working conditions for nail workers. The organization is composed of key stakeholders in the nail salon industry, including individual manicurists, environmental organizations, researchers, reproductive justice groups, and government agencies. CHNSC created a “healthy nail salon” certification as an incentive for owners to …
The Resurgence Of Forced Labor: How The Sixth Circuit's Decision In United States V. Toviave Endorses The Exploitation Of Children, Sophia K. Niazi
The Resurgence Of Forced Labor: How The Sixth Circuit's Decision In United States V. Toviave Endorses The Exploitation Of Children, Sophia K. Niazi
American University Journal of Gender, Social Policy & the Law
Comment arguing that the Sixth Circuit decision in United States v. Toviave was erroneous because the court failed to determine that the alleged forced labor was used as a means to control the children in the case. The comment looks at the reasoning in Toviave and explores the Sixth Circuit's reasoning in the case as well as the Federal Forced Labor Statute, the Federal Involuntary Servitude Statute and Michigan's current child abuse laws.
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Upper Level Writing Requirement Research Papers
No abstract provided.
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
American University Business Law Review
No abstract provided.
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Labor & Employment Law Forum
No abstract provided.
Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs
Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs
Labor & Employment Law Forum
No abstract provided.
The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allie Robbins
The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allie Robbins
Labor & Employment Law Forum
No abstract provided.
The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr
The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr
Labor & Employment Law Forum
No abstract provided.
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis
Project on Addressing Prison Rape - Articles
This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Articles in Law Reviews & Other Academic Journals
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan
The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan
Labor & Employment Law Forum
No abstract provided.
Bounty Hunters And Whistleblowers: Constitutional Concerns For False Claims Actions After Passage Of The Patient Protection And Affordable Health Care Act Of 2010, A.G. Harmon
Labor & Employment Law Forum
No abstract provided.
A View From The Front Lines: Why Protecting Immigrant Workers Is Essential For Immigration Reform And Vital To The Maintenance Of A Healthy American Workforce, Andreas N. Akaras, Sebastian G. Amar
A View From The Front Lines: Why Protecting Immigrant Workers Is Essential For Immigration Reform And Vital To The Maintenance Of A Healthy American Workforce, Andreas N. Akaras, Sebastian G. Amar
Labor & Employment Law Forum
No abstract provided.
E-Verify: Chamber Of Commerce V. Whiting
E-Verify: Chamber Of Commerce V. Whiting
Labor & Employment Law Forum
This Article is an annotated transcript of a panel that occurred on February 22, 2011 at the American University Washington College of Law. The podcast of the event can be found on the AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM’S website at http://aulaborlawforum.org/events/e-verify/. The event was co-sponsored by the Immigrants’ Rights Coalition.