Digital Commons Network^™

Ttip: Widening The Market And Narrowing The Competition?, Michele Faioli

Michele Faioli

The Scuola Europea di Relazioni Industriali – SERI is pleased to announce the monographic part “Economia&Lavoro” (vol. 2, 2015), Fondazione Giacomo Brodolini’s four-monthly journal published by Carocci.

Sustainable Development In The Ttip: How To Enhance Labour Rights And Civil Society Participation Round Table With Policy Makers And Stakeholders, Michele Faioli

Michele Faioli

European Economic and Social Committee Sustainable development in the TTIP: how to enhance labour rights and civil society participation Round table with policy makers and stakeholders 12 November 2014 – CESE – Van Maerlant Building (Room VM1) – 2, rue Van Maerlant

Struggle For The Commons: Communicative Labor, Control Economics, And The Rhetorical Marketplace, Ronald Walter Greene, Sara Holiday Nelson

Ronald Walter Greene

No abstract provided.

Toward A Low Wage World: The Development And Limitation Of Taiwan' Labor Regime(1980s~2010s), Wei-Yi Chang, Chih-Lung Huang

Chih-lung Huang

This article tries to explain why Taiwan’s labor regime has fallen into a low wage environment. A review of literature shows that existing studies consider only the elements of state, capital, labor, or the social environment to explain the low wage within different historical stages. But the literature to date could not answer the question as for why Taiwan’s labor wage did not increase with economic growth after 2000s. In order to bridge the gap, the legislation and amendment of related labor laws from 1980s to 2010s was explored through the perspective of historical institutionalism. It was found that the …

Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.

Valencia T Johnson

Landing stable employment can be difficult and discouraging. Some employers want applicants that are searching for a “career”, and some employers are looking for applicants that want a “job”. Ask yourself, what is the difference between a job and a career? In simple terms, a job is short-term and a career is long-term. Applicants who seek a job would likely stay less than a year, as with a career, the candidate would likely stay more than a year or longer. This article provides a clear and concise overview of the exploratory study of landing a career or job.

Liberation Of, Through, Or From Work? Postcolonial Africa And The Problem With “Job Creation” In The Global Crisis, Franco Barchiesi

Franco Barchiesi

The precarity of employment in an age of globally financialized capital cannot be reduced to the sociological problems of erosion of stable jobs with benefits and proliferation of insecure occupations. It is rather a political issue that interrogates the ability of state and capital to turn multitudes into governable and productive subjects. As such it is underscored by attempts by financial capital to “capture” living labor beyond the confines of production and across the social spectrum. It is also characterized by the widening gaps between official norms that center social inclusion around work ethic and economic activity and material realities …

Precarity As Capture: A Conceptual Reconstruction And Critique Of The Worker-Slave Analogy, Franco Barchiesi

Franco Barchiesi

No abstract provided.

Resorts And Reform: Archaeology At The Wiawaka Holiday House, Lake George, New York, Megan E. Springate

Megan E. Springate

The Wiawaka Holiday House on Lake George, New York is among the oldest continuously operating women’s holiday retreats in the United States. The Holiday House was founded on the grounds of a failing resort hotel at the turn of the twentieth century by wealthy women largely from industrial families to provide factory “girls” opportunities for healthful vacations in the countryside. Before the Holiday House was established, the property was the site of two resort hotels; their histories, spanning much of the nineteenth century, reflect the rise and transformations in the Adirondack resort hotel business. Presented in the early stages of …

Busyness In Cybercafes: An Indian Context, Payal Arora

Payal Arora

No abstract provided.

Gender And Partner Compensation At America's Largest Firms, Marina Angel

Marina Angel

Abstract

This study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine the compensation disparities between men and women partners. The analysis elucidates the question of whether the difference is because women are less productive than men partners or because they are women. The Am Law 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each Am Law …

Summer Of 2011: Should The National Basketball Player's Association Shoot Or Pass On Union Decertification?, Jorge H. Salazar

Jorge H Salazar

The enclosed article examines the collective bargaining negotiations between the National Basketball Association (NBA) and the National Basketball Player's Association (NBPA), whose current collective bargaining agreement (CBA) expires at the end of the present season. The article first details the NBA’s labor history, highlighting past CBA negotiations. Next, the article supplies an understanding of what is at stake in the parties’ negotiations. The article then analyzes the merits of union decertification, in order to circumvent the Nonstatutory Labor Exemption, and antitrust litigation as a NBPA bargaining tactic. Finally, the article provides a recommendation as to whether the NBPA should decertify …

Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli

Michele Faioli

No abstract provided.

Working The Crowd: Employment And Labor Law In The Crowdsourcing Industry, Alek L. Felstiner

Alek L Felstiner

This Article confronts the thorny questions that arise in attempting to apply traditional employment and labor law to “crowdsourcing,” an emerging online labor model unlike any that has existed to this point. Crowdsourcing refers to the process of taking tasks that would normally be delegated to an employee and distributing them to a large pool of online workers, the “crowd,” in the form of an open call.

The Article describes how crowdsourcing works, its advantages and risks, and why workers in particular subsections of the paid crowdsourcing industry may be denied the protection of employment laws without much recourse to …

Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine Jackson

Katharine Jackson

The governance regime of the public corporation in America, while tending to promote the concentration of economic and social power in company leadership, often encourages that leadership to advance the interests of their company’s short-term shareholders. The result is a board of directors beholden, if to anything at all, to short-term stock prices. This prioritization often comes at the expense of the corporation’s long-term sustainability and to its other constituents: its work force, creditors, and community. In contrast, governance in Continental European countries like Germany persuades corporate leadership to embrace social obligations and long-term outlooks through, e.g., enforced stakeholder representation …

Statistical Evidence On The Gender Gap In Law Firm Partner Compensation, Marina Angel, Eun Young Whang, Rajiv Banker, Joseph F. Lopez

Marina Angel

Our study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine why women partners are compensated less: because they are less productive than men partners or because they are women. The AmLaw 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each AmLaw 200 firm. Our study covers the years 2002 to 2007.

The ratio of women equity …

The Unintended Consequences Of Low H-1b Visa Caps: Brain Blocking, Brain Diversion, And Racial Discrimination Against Asian Technology Professionals, Jeffrey L. Gower

Jeffrey L Gower

American business interests face increasing difficulties as they attempt to compete against global technology-based industries. As the U.S. educational system produces interests face increasing difficulties as they attempt to compete fewer technology workers, many firms look to foreign countries such as India, China, or other Asian countries that have an abundance of skilled professionals. The U.S. Congress created the H-1B visa program in 1990 for educated skilled foreign workers, and manipulated the yearly cap on several occasions. Limits were as high as 195,000 as recently as 2003, but were reduced to 65,000 by 2009. The result of placing a low …

The Us-Korea Free Trade Agreement: The Evolution Of Responsible Trade And A Reflection On What Lies Ahead, Nicole D. Skibola

Nicole D Skibola

This paper addresses residual problems in the US-Korea Free Trade Agreement, with regard to the Agreement’s labor provisions in Article 19. Alternatives are proposed in response to remaining issues including the status of Outward Processing Zones and a problematic lack of private firm accountability. First, it is suggested that Annex 22-A, pertaining to Outward Processing Zones, is renegotiated. To address the lack of private firm accountability, three alternate models are offered. The first approach is to follow the Cambodia Textile Agreement model, whereby positive economic incentives are attached to specific strides made in improving labor conditions. The second approach is …

From Contracts To Compliance? An Early Look At Implementation Under China's New Labor Legislation, Virginia E. Ho

Virginia E Ho

In 2008, three new primary labor laws took effect in China that together represent the first major retooling of its labor legislation in fifteen years: the Labor Contract Law, the Labor Dispute Mediation and Arbitration Law, and the Employment Promotion Law. The new laws have attracted widespread attention from the international business community, labor advocates, and observers of China's ongoing legal reforms. However, whether the legislation can overcome and resolve fundamental implementation barriers remains largely the subject of speculation and debate. This Article offers a preliminary answer.

Drawing on the literature on corporate compliance and regulatory policy, it first describes …

Day Labor Markets And Public Space, Gregg Kettles

Gregg Kettles

Day laborers standing on street corners have become a more common, and more controversial, sight in many U.S. cities. Taking them to be evidence of public disorder and illegal immigration out of control, some communities have responded by adopting the strategy of exclusion. They have revived the enforcement of ordinances against loitering and vagrancy, and changed traffic rules to discourage drivers from stopping to pick up workers. Other communities have responded by adopting the strategy of shelter. Viewing street corner day laborers as vulnerable, these communities have opened indoor work centers that offer job placement and other services. Both of …

Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal

Dayna B. Royal

As "reality" programming continues to increase in popularity, so too does the number of children living out their young lives in front of the camera. Yet the current legal regime is inadequate to protect these children, whose parents have betrayed their best interests for fame and fortune. This article argues that Congress should enact a statute providing a regulatory sliding scale based on age that would largely prohibit children from participating in reality programming. A federal statute would bring clarity to this unsettled area of the law while ensuring that parents and programming executives cannot skirt individual state laws and …

Precarious Collaborations. Working-Class Subjectivities, Community Activism, And The Problem With “Social Movement Unionism” In Late-Apartheid East Rand (South Africa), Franco Barchiesi, Bridget Kenny

Franco Barchiesi

An influential current in South African labor studies has used the concept of ‘social movement unionism’ to characterize organized labor’s contribution to South Africa’s post-Apartheid democratization. Part of the concept of social movement unionism is the idea that during the 1980s independent black workers’ unions combined workplace struggles with community-based concerns related to social services, repression, and political disenfranchisement. In this way, trade unions came to play a politically transformative role, which implied both innovative labor-community alliances and the appropriation by organized labor of social movements’ mobilizing modalities. After a decline in the immediate post-Apartheid period, when scholars and union …

Esop Fables: The Impact Of Employee Stock Ownership Plans On Labor Disputes, Peter Cramton, Hamid Mehran, Joseph Tracy

Peter Cramton

By the early 1990s employee stock ownership plans (ESOPs) had become as prevalent in unionized firms as in nonunionized firms. However, little research has been devoted to examining the implications of ESOPs for collective bargaining, or cross ownership more generally. In this paper, we extend the signaling model of Cramton and Tracy (1992) to allow partial ownership by the union. We demonstrate that ESOPs create incentives for unions to become weaker bargainers. As a result, the model predicts that ESOPs will lead to a reduction in strike incidence and in the fraction of labor disputes that involve a strike. We …

Immigration Posses: U.S. Immigration Law And Local Enforcement Practices, Kevin J. Fandl

Kevin J Fandl

The failure of the United States Congress to pass comprehensive immigration legislation at a time when the issue of immigration has reached a boiling point has created an overwhelming demand by citizens for local reform. States have responded by enacting hundreds of laws that regulate immigration at the state-level. This creates significant tension both between states with conflicting laws, which creates havens in some states and rampant enforcement in others, and between states and the federal government, which is ultimately responsible for regulating immigration law. This article examines the history of immigration legislation since the founding of the United States …

Some Reflections On Labor And Employment Ramifications Of Diocesan Bankruptcy Filings, David L. Gregory

David L. Gregory

Sexual abuse of children by Roman Catholic clergy is perhaps the greatest scandal in the history of the Catholic Church in the United States. On September 7, 2007, the San Diego, California diocese settled with 144 claimants for $198 million. In mid-July, the Los Angeles Archdiocese settled with 508 claimants for $660 million. No article in the burgeoning law review literature on the scandal and its aftermath has focused on the labor and employment ramifications of diocesan bankruptcy filings. After first presenting the situations in the five dioceses that have filed for bankruptcy, I discuss the case and canon law …

Curbing Day Laborers: Anti-Solicitation Ordinances, Commercial Speech, And Hiring Centers. A User's Guide To Protecting Municipalities From Day Labor-Related Lawlessness And Litigation, Jon D. Feere

Jon D Feere

As Americans across the country become increasingly frustrated by continuous violations of immigration laws, many legal groups aimed at suing city, state, and federal governments have been created with the hope that increased pressure will result in increased enforcement. Laws not originally designed to specifically address immigration issues, such as the Racketeer Influenced and Corrupt Organizations Act (RICO), and basic laws of trespass are being used by the public to creatively fight immigration violations. At the same time, state and local governments are also discovering a need to act creatively in managing the massive increase of illegal immigrants moving into …

Informality And Casualization As Challenges For South Africa’S Industrial Unionism: The Case Of The East Rand/Ekurhuleni Region In The 1990s, Franco Barchiesi

Franco Barchiesi

No abstract provided.

The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman

Deborah M. Weissman

This Article seeks to expand the scope of the domestic violence discourse within the context of the theory and practice of legal strategies. The intent is to shift the analytical parameters beyond the criminal justice system to include the political economy of everyday experiences of households. Such a paradigm shift examines the conditions of the private sphere as a function of the circumstances of public realms. It considers domestic violence by linking it to the structural transformations of the U.S. economy during recent years. It assesses domestic violence from the perspective of the daily life of men and women who …

Labor And Social Citizenship In Colonial And Postcolonial Modernity: South African Perspectives In A Continental Context, Franco Barchiesi

Franco Barchiesi

No abstract provided.

Commodification, Economic Restructuring, And The Changing Urban Geography Of Labor In Post-Apartheid South Africa: The Case Of Gauteng Province, 1991-2001, Franco Barchiesi

Franco Barchiesi

No abstract provided.

Japan And Transformation Of National Identities In The Imperial Era, Li Narangoa, Robert Cribb

Robert Cribb

Japan's view of the nationality of its Asian neightbours took many forms during the imperial era. In some respects Japan asserted its superiority to those neighbours, in other respects saw them as nations with a standing equal to that of Japan. The working out of these two views reflected Japanese strategic interests.