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Erasing Race, Llezlie Green Jan 2020

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 …


2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder Jan 2018

2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


In Search Of The Real Roberts Court, Stephen Wermiel Feb 2015

In Search Of The Real Roberts Court, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski Jan 2013

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski

Articles in Law Reviews & Other Academic Journals

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …


What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff Jan 2013

What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang Aug 2012

The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang

Articles in Law Reviews & Other Academic Journals

The Article exposes how the legal categorization of au pairs as “cultural exchange participants” is strategically used to sustain – and disguise – a government-created domestic worker program to provide flexible, in-home childcare for upper-middle-class families at below-market prices. The “cultural exchange” subterfuge has created an underclass of migrant domestic workers conceptually and structurally removed from the application of labor standards and the scrutiny of labor institutions. On the one hand, the “cultural exchange” rubric enables the U.S. government to house the program under the Department of State rather than Labor, and to delegate oversight of this government program to …


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 Jan 2012

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.


Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson Jan 2012

Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers Jan 2010

The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle Jan 2006

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck Oct 2005

The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck

Articles in Law Reviews & Other Academic Journals

The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …


Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker Jan 2005

Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Empathy, Spring, And Fervorino, Susan Bennett Jan 2002

Empathy, Spring, And Fervorino, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez Jan 1980

Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.