Law Commons^™

Book Review Of: Blackett, A. (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge To International Labor Law, Hina B. Shah

Publications

Everyday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law. A. Blackett (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law. Ithaca, NY: ILR Press, an Imprint of Cornell University Press. 287 pp. $23.95 (paper).

Reviewed by: Hina B. Shah, Women’s Employment Rights Clinic, Golden Gate University, San Francisco, CA, USA

One in every twenty-five women workers worldwide is a domestic worker. They are largely invisible, undervalued, and lack the most basic labor protections. Professor Blackett’s book, Everyday Transgressions, tackles this invisibility head on and provides a much-needed conceptual framing that lays bare the inequities faced by domestic …

Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen

William & Mary Journal of Race, Gender, and Social Justice

The National Labor Relations Board (NLRB) made a number of significant changes to the interpretation and enforcement of the National Labor Relations Act (NLRA or the Act) under the Trump administration. The collective impact of these changes may make it more difficult for workers to bring successful unfair labor practice charges against their employers. Although NLRB case decisions and rulemaking affect a large proportion of American workers, the significance of these policy changes is often not widely recognized. This Note will examine one such change—the Board’s 2019 Alstate Maintenance decision that overturned its 2011 decision in WorldMark by Wyndham.

Essential Jobs, Remote Work And Digital Surveillance: Addressing The Covid-19 Pandemic Panopticon, Antonio Aloisi, Valerio De Stefano

Articles & Book Chapters

COVID-19-induced digital surveillance has ballooned in an unprecedented fashion, causing a reconfiguration of power relationships in professional settings. This article critically concentrates on the interplay between technology-enabled intrusive monitoring and the managerial prerogatives augmentation in physical and digital workplaces. It portrays excessive control as the common denominator for “essential” and “remotable” activities, besides discussing the various drawbacks of the two categories of workers during the pandemic. It also assesses the adequacy of the current EU legal framework in addressing the expansion of data-driven management. Social dialogue, empowerment and digital literacy are identified as effective solutions to promote organisational flexibility, well-being …

A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust, Thomas W. Joo, Leticia Saucedo

Buffalo Law Review

No abstract provided.

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

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

Abstract forthcoming.

Transaction Cost Economics, Labor Law, And The Gig Economy, Seth C. Oranburg, Liya Palagashvili

Law Faculty Publications

The rapid growth of technology not only is creating innovative goods and services, but it is also altering the workplace and the traditional understanding of relationships between employee and employer. This can be seen today with the rise of the gig economy and alternative work arrangements. Our paper seeks to explain how technology has reduced the transaction costs of contracting in the market. In particular, we identify the innovations that have led to reductions in triangulation, transfer, trust, and measurement costs. These costs are relevant for creating greater exchanges between consumers and labor suppliers and, hence, more work for contractors …

Hiding Sexual Harassment: Myths And Realities, Pat K. Chew

Nevada Law Journal

No abstract provided.

Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework and, …

The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano

University of New Orleans Theses and Dissertations

The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …

Predictors Of Fraudulent Monday Effect Workers Compensation Claims Filing, Sharla St. Rose

FIU Electronic Theses and Dissertations

Monday Effect Claims refer to workers compensation claims filed on Mondays for easy to conceal injuries such as strains, sprains, and back injuries. Researchers and industry experts have long believed that there is an element of fraud in these claims, resulting from individuals who were injured during the weekend, while not at work, looking to take advantage of the medical benefits available through workers compensation insurance. Fraudulent Monday Effect Claims (FMEC), as presented in this study, specifically refer to workers compensation claims filed for injuries that occurred while an individual was not at work, presumably during the weekend.

A study …

Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel

Notre Dame Law Review Reflection

Julie Cohen’s dazzling tour de force Between Truth and Power asks us to consider the new ways powerful actors extract valuable resources for gain and dominance. Cohen in particular warns that “the universe of personal data as a commons [is] ripe for exploitation.” Cohen writes that “if protections against discrimination, fraud, manipulation, and election interference are to be preserved in the era of infoglut, regulators will need to engage more directly with practices of data-driven, algorithmic intermediation and their uses and abuses.” I read Between Truth and Power as not only a compelling account of the contemporary transformations of law …

Changemakers: Finding The Perfect Niche, Michael Bowden

Life of the Law School (1993- )

No abstract provided.

Sunshine Patriot Or Cold War Casualty?: An Examination Of Wrongful Exposure Suits Brought By Nuclear Complex Employees, Christopher S. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.

A Work Place Surveillance: Who's Watching?, Mark E. Heath

Journal of Natural Resources & Environmental Law

No abstract provided.

The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices, Carliss N. Chatman, Najarian R. Peters

Scholarly Articles

It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use this Essay as a “tool for exposing, analyzing, and challenging the majoritarian stories of racial privilege.”

Our specifc intention is to recognize the largely performative nature of claiming to be committed to an idea while substantively and concretely ensuring the opposite. This Essay is written with specific experiences, patterns, and practices in …

Employment Law, Theodore Goloff

The Year in Review

No abstract provided.

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Too Many Remedies Or Not Enough: Balancing Wage Theft And Other Public Policy Concerns In Voris V. Lampert, Tina Kuang

Loyola of Los Angeles Law Review

No abstract provided.

The Fabric Of Labor: A Study Of Labor History Through The Upstate New York Textile Industry, 1950 – 1968, Anthony Parillo

History Honors Program

This paper explores three textile mills in upstate New York in the post-WWII years, and specifically the relationships between mill hands, management, and the national Textile Workers Union of America (TWUA). While historians have studied textile mills and labor relations in the twentieth-century South, they have paid little attention to their northern counterparts during that era. This paper, conversely, writes northern mill workers into the larger scholarly conversation about twentieth-century union decline. It shows that union campaigns often failed due largely to the cunning, if not deceptive, maneuvers of management. Drawing on union records, contemporary local newspapers, and census data, …

Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.

Reexamining Joint Employment Wage And Hour Claims Following Dynamex And Ab 5, Alexander Moore

Loyola of Los Angeles Law Review

No abstract provided.

Can A Person's "Slate" Ever Really Be "Cleaned"? The Modern-Day Implications Of Pennsylvania's Clean Slate Act, Kimberly E. Capuder

St. John's Law Review

(Exceprt)

In 2006, Khalia was arrested for a “low-level counterfeiting charge.” While Khalia was innocent and never convicted for the charged offense, she still had a criminal record. Because she was concerned that future employers would “view her as a thief,” she never applied to any of her dream jobs. But once Khalia’s arrest record was automatically sealed, she finally had enough confidence to send in a job application to a prestigious consulting firm, and was offered the position. Khalia believes that her newly sealed criminal record “means a future without judgment.” And this future without judgment was made possible …

"Work And Caregiving During Covid-19" And "Pregnant Employees And New Parents", Deborah A. Widiss

Books & Book Chapters by Maurer Faculty

Professor Widiss contributed chapter 6 "Work and Caregiving During COVID-19" and chapter 8 "Pregnant Employees and New Parents" in this Open Access book edited by Jeffrey Hirsh and Sachin Pandya.

The two Widiss chapters, combined into one .pdf file, can be downloaded above, or the entire book can be viewed HERE.

Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School Of Law

GGU Law Review Blog

Although the rate of people experiencing homelessness was increasing even before 2020, the Covid-19 pandemic contributed to a further rise in the nation’s unemployment rate. Studies have shown that a one-percent increase in the nation’s unemployment rate could bring an increase in homelessness of 0.065 per every 10,000 people. Unemployment during the pandemic rose to over fourteen percent, meaning that the pandemic will likely precipitate increased levels of homelessness in America. The influx of economic stimulus payments during the pandemic has refocused discussions on the extent to which guaranteed income programs could be used to provide some financial support to …

Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees

Cleveland State Law Review

Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing mediation on principles …

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …

Rural Social Safety Nets For Migrant Farmworkers In Michigan, 1942–1971, Emily A. Prifogle

Articles

In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers’ private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid workers to enter camps where migrants lived. Yet there was a world before Shack, a world in which farmers welcomed onto their land rural religious groups, staffed largely by women from the local community, who provided services to migrant workers. From the 1940s through the 1960s, federal, …

Application Of The Audit Privilege To Occupational Safety And Health Audits: Lessons Learned From Environmental Audits, Margaret S. Lopez

Journal of Natural Resources & Environmental Law

No abstract provided.

Labor And Its Revenue In Islamic And Non-Islamic Economies- Dr. El Tayib Mohammad Hamid Al-Tikaina

UAEU Law Journal

Labor in Sharia Law: The Sharia Law has laid down general rules, principles and regulating controls or restraints on economic activity and its revenue. Actually any activity in the individual’s and society's interest is deemed legal in Sharia Law if it is in accordance with these rules, which prohibit usury and any harmful produce, warn against gambling, cornering, cheating or any action leading to extortion or forcible exaction. Legal economic activity, according to Islam, is any mental, physical, industrial or any other action, which is conducive to development and the promotion of the quality of life. Islamic textual provisions set …

Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky

Catholic University Law Review

A.B.5 made a significant but limited expansion of the coverage of California labor law but at a notable cost. Even as A.B.5 broadened the reach of the Golden State’s labor protections, A.B.5 also made the definition of “employee” more complex and less uniform. Those seeking federal or state legislation like A.B.5 confront the same trade-off under which greater coverage is achieved at the expense of more complexity and less uniformity in the definition of who is an employee. The same political forces and policy considerations which molded A.B.5 in California will have similar effects in other states and in the …