Digital Commons Network^™

“Reality” Tv: Portrayals Of Labor And Birth In A Mainstream Reality Series One Born Every Minute, Nicole Soley, Lauren Sobotta, Kyrsten Harper, Rebecca Rand

Journal of Undergraduate Research at Minnesota State University, Mankato

Today, the birthing process is predominantly medicalized in the United States. Compounding this phenomenon is the media, which has a strong influence on people’s perceptions, attitudes, and behavior, and can serve to reinforce cultural norms—specifically, mainstream media disproportionately promotes medicalized birth. The media often portrays labor and birth as a dangerous affair, and as a result, may contribute to the culture of fear around labor and birth. In this feminist, qualitative media analysis, we examined women’s experiences giving birth on a popular reality television series called One Born Every Minute. We analyzed how women’s births are portrayed in four …

Why Working But Poor? The Need For Inclusive Capitalism, Robert Ashford

Akron Law Review

This Article addresses two questions: (1) What other solutions beyond those already tried can and should be employed to reduce poverty? and (2) What can legal scholars, lawyers, law schools, legal clinics, and law students do to reduce poverty? The answer to the first question is to establish an “inclusive capitalism” by democratizing “capital acquisition with the earnings of capital” based on the principles of binary economics. This democratization requires extending to poor and middle­class people competitive access to the same government­supported institutions of corporate finance, banking, insurance, reinsurance, and favorable tax and monetary policies that are presently available primarily …

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction …

A Positive Right To Free Labor, Rebecca E. Zietlow

Seattle University Law Review

This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …

“They Outlawed Solidarity!”, Richard Blum

Seattle University Law Review

In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators have not sought to argue that …

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …

Introduction, David L. Gregory, Elizabeth Anne Tippett

St. John's Law Review

(Excerpt)

Through this Title VII Symposium, St. John’s University School of Law proudly participates in a larger and continuing national discussion of the role and state of civil rights in the United States.

The Lawyer's Obligation To Correct Social Injustice!, James F. Gill

Fordham Urban Law Journal

No abstract provided.

Life In The Dominican Republic’S Sugar Fields: Resistance From The Bateyes, Andréa Nunes

Journal of Pedagogy, Pluralism, and Practice

This paper addresses the manipulation of the relationship between the people of the Dominican Republic and Haiti and how this distortion used for political power currently affects the status of Haitians living and working within the Dominican Republic. This paper explores the use of Haitian labor in the Dominican agricultural sector, and the widespread human rights violations these workers face, particularly in the country’s sugar cane batey communities. Resistance movements that challenge the systemic human rights abuses of Haitian migrants are also explored. Finally, suggestions for how U.S. consumers can stand in solidarity with Haitian workers in the Dominican Republic …

Csr Best Practice For Asbolishing Child Labor In The Travel And Tourism Industry, Jeremy S. Goldstein

Denver Journal of International Law & Policy

No abstract provided.

Reforming Healthcare Reform, Jacqueline Fox

University of Richmond Law Review

No abstract provided.

Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …

Politics At Work After Citizens United, Ruben J. Garcia

Loyola of Los Angeles Law Review

There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …

Migration, Labor Scarcity, And Deforestation In Honduran Cattle Country, David C. Griffith, Raquel Isaula, Pedro Torres, Manuel Villa Cruz

Journal of Ecological Anthropology

Large scale labor migration from Olancho, Honduras to the United States, accelerated after 1998, when Hurricane Mitch devastated the region and resulted in the United States offering Temporary Protective Status (TPS) to affected Hondurans. As growing numbers left for the United States, the loss of productive youth to migration and the development of new local economic opportunities combined to create shortages of labor available for traditional uses of local natural resources in rural communities. Remittances from abroad and sentimental factors also contributed to the erosion of local labor supplies, leading some rural producers to phase back on mixed crop-and-livestock strategies …

People Analytics And Invisible Labor, Miriam A. Cherry

Saint Louis University Law Journal

No abstract provided.

Split Personalities: Understanding The Responder Identity In College Composition, Anthony Edward Edington

Journal of Response to Writing

For decades, researchers and teachers in composition have wrestled with how to respond to student writing. Part of this discussion has focused on what role teachers should assume when reading and responding to texts. From these discussions, different roles have emerged, including the gatekeeper, the critic, the facilitator, the coach, and the judge, among others. While some have argued that the use of response identities helps teachers focus their responses while offering students an audience for their texts, others are more wary of what influence these roles may have on the student-teacher relationship and teacher comments. This article explores the …