Digital Commons Network^™

Who Made That?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation, David J. Doorey

Osgoode Hall Law Journal

An important tool of "decentred" regulation, including reflexive law, is corporate information disclosure. Disclosure regulation can have an important normative influence on corporate behaviour because it introduces a risk element that must be managed by corporate leaders. The challenge for regulators is to identify the scope of disclosure that will cause corporate responses of the sort desired by the state. This article considers the potential role of disclosure regulation as a tool for influencing labour practices beyond the borders of the regulating state and, in particular, within the vast global supply chains of multinational corporations. In the context of improving …

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, …

For The Children: Accounting For Careers In Child Protective Services, Joan M. Morris

The Journal of Sociology & Social Welfare

This paper analyzes autobiographical essays from women who work as social service workers in child-protection agencies. Working long hours in relatively low-paying jobs, these women have limited prestige and autonomy and increasingly, come under close scrutiny and public criticism. They are clearly exploited in terms of the emotional and "mothering" labor they are expected to perform and are held personally accountable for daily decisions that could have dire consequences for the children they serve to protect. This paper is an investigation of how their narratives explain and justify their willingness to continue working in these situations and how their professional …

The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2004, President George Bush offered a new proposal to provide temporary work permits to undocumented immigrants. His proposal, however, falls short of his goals to create an immigration system which serves the American economy and reflects the American Dream. This temporary worker program would provide labor for positions which Americans are not filling currently. For some reason, Americans seem averse to holding certain jobs even though these jobs are readily available. President Bush’s proposal, which he asked Congress to draft, alleviates pressure on American employers who wish to fill low-demand jobs with foreign laborers. The proposal accomplishes this by …

Dialogue As The Labor Of Care: Welcoming A Unity Of Contraries, Marie Baker-Ohler

Electronic Theses and Dissertations

Dialogue as the labor of care unfolds a vision of how the philosophy of dialogue can assist us as human beings to enact care in our daily lives. In the end, caring is a unity of contraries; blessing and burden, joy and suffering, necessity and triumph. The invitation of dialogue into the communicative life of caring requires bravery and courage and thus creates strong and rare natures.

The impetus of this vision comes from the work of Martin Buber whose ideas have changed the way we view communication and enrich the way we view caring. The additional metaphor of labor, …

Random Numbers, Chaos Theory, And Cogitation: A Search For The Minimal Creativity Standard In Copyright Law, Ralph D. Clifford

Faculty Publications

This article explores the second type of expressive work, those where there is a question if the author’s contribution is qualitatively sufficient, to determine how much creativity and of what type is required to sustain a copyright. Initially, the historic standards of creativity use before Fiest was decided in 1991 will be presented. Then, after a brief discussion of Fiest, the scientific basis of creativity will be explored. Next, the confusion regarding creativity that exists in the lower courts will serve to expose the source of misapplication of the law – a disconnect between how courts perceive creativity and …

Living Wages And The Retention Of Homecare Workers In San Francisco, Candace Howes

Economics Faculty Publications

This study records the impact on workforce retention of the nearly doubling of wages for homecare workers in San Francisco County over a 52-month period. Using descriptive statistics and logistic regression analysis I find that the annual retention rate of new providers rose from 39 percent to 74 percent following significant wage and benefit increases and that a $1 increase in the wage rate from $8 an hour – the national average wage for homecare – would increase retention by 17 percentage points. I also show that adding health insurance increases the retention rate by 21 percentage points.

Labor Unions And Corporate Campaigns: Necessary Tactic Or Hindrance To Bargaining, Cynthia Elise Agnello

UNLV Retrospective Theses & Dissertations

The author examined occurrences of corporate campaigns between 1990-2004 in order to evaluate the effectiveness of union's use of non-traditional strategies in achieving business concessions. Cases included were those representing the presence of litigation, coalition building, exerted pressures on financial associates, efforts to compel regulatory agencies investigations of businesses breaches of law, pressuring government, on job actions, and waging negative publicity campaigns. This study built upon the past work of Paul Jarley and Cheryl L. Maranto's that originated three categories of contexts for campaigns: organizing campaigns, strike complement, and strike substitute corporate campaigns. These labor action stages set the foundation …

Issues In Parenting And Early Childhood, Julie Cammeron

Books

Parenting a child is both difficult and rewarding. In a very real sense, parenting is probably the most important job that any of us will do in a lifetime. The purpose of this course is to help prepare you for the enormous responsiblity as well as the immense pleasures that come with parenthood. You will be introduced to topics such as conception, pregnancy, labor, delivery, care of newborn (crying, feeding, sleeping, bathing, diapering, necessary equipment, safety, first aid) and other important issues during the child's first three years of life (discipline, developing self-esteem, language development, toilet training, and child care). …

Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof

Richmond Journal of Global Law & Business

No abstract provided.

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.

Protecting The Innocent Or Protecting Special Interests - Child Labor, Globalization, And The Wto, Dexter Samida

Denver Journal of International Law & Policy

No abstract provided.

Broken Fences: Legal And Practical Realities Of Immigration Reform In The Post-9/11 Age, Jeanne A. Butterfield

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Great Expectations' Defeated?: The Trajectory Of Collective Bargaining Regimes In Canada And The U.S. Post-Nafta, Eric Tucker

All Papers

From the beginning of the free-trade era one contentious area has been the impact of trade liberalization on labor law. Opponents of NAFTA (and some supporters) predicted a regulatory race to the bottom (RTB) would ensue leading to increasingly deregulated labor markets. The result would be weaker collective bargaining laws, lower minimum standards, and a decline in the social wage. In recent years a number of scholars have examined the question in light of more than fifteen years experience under CUFTA and ten under NAFTA and there seems to be a growing consensus that, contrary to those 'great expectations', labor …

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear

Faculty Scholarship

Over the past 15 years, the canons of construction have experienced a remarkable revival in the courts and the legal academy. While the role of this interpretive resource has been heavily theorized, it has until now been under-explored from an empirical standpoint. This article adopts a novel combination of empirical and doctrinal analysis to uncover the Supreme Court's complex patterns of reliance on the canons over a 34-year period. We focus on whether the canons are favored across different time periods, in particular subject matter areas, by individual justices, and in close cases. Our approach - identifying ten different interpretive …

Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Three Essays In Labor And Health Economics, Christopher K. Coombs

LSU Doctoral Dissertations

This Dissertation is primarily focused on the study of U.S. workforce trends. Research over the past fifty years, with respect to the choices that individuals make in terms of maximizing their own well-being, has covered several areas. Additionally, the legal climate has changed dramatically over this time period and research in this area has covered the possible effects on economic outcomes, including an individual's well-being. The first essay focuses on the trend in trade union membership in the U.S. over the last few decades. We revisit what is known as the government substitution hypothesis which basically addresses the question of …

The Labor Dimension Of The Emerging Free Trade Area Of The Americas, Steve Charnovitz

GW Law Faculty Publications & Other Works

This study explores a potential labor dimension for the FTAA. The study is divided into four parts: Part 1 provides context by reviewing the history of Inter-American economic cooperation, especially on labor and trade. Part 2 examines how labor has been addressed in the major free trade agreements of the Americas. Part 3 looks at the normative basis for international labor cooperation. Part 4 makes specific recommendations for addressing labor issues in the FTAA. The ideas in Part 4 seek to stimulate practical, concerted action to address labor and employment problems of regional economic integration. My recommendations for the FTAA …