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Articles 1 - 22 of 22
Full-Text Articles in Law
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Faculty Articles
For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Cleveland State Law Review
No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …
Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss
Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss
University of Miami Inter-American Law Review
Child labor and forced labor remain pervasive problems on Mexican farms. Millions of workers on these farms are forced to work and live in inhumane conditions, only to leave the season’s harvest just as poor as they were before. To date, human rights and labor treaties and agreements that Mexico is party to have failed to protect workers. In early 2016, however, negotiations on the Trans-Pacific Partnership (“TPP”) concluded and, if ratified, the party-countries claim that the TPP will hold Mexico to higher standards than previously faced because the TPP will link labor rights with trade law. However, this was …
On “Trafficking And Health”, Dominique Stewart
On “Trafficking And Health”, Dominique Stewart
e-Research: A Journal of Undergraduate Work
This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
Indiana Journal of Global Legal Studies
The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …
Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz
Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz
Law Faculty Publications
No abstract provided.
Table 3. Causes Of Negative V. Causes Of Positive Impacts Of Tncs, Irina Feofanova
Table 3. Causes Of Negative V. Causes Of Positive Impacts Of Tncs, Irina Feofanova
Irina Feofanova
Appendices to COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova
Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova
Irina Feofanova
APPENDICES for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Table 1 Causes And Effects Of Child Labor In Agriculture, Irina Feofanova
Table 1 Causes And Effects Of Child Labor In Agriculture, Irina Feofanova
Irina Feofanova
Appendices for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS
Table 4. Ethical Practices Of Tncs: Failures Or Success, Irina Feofanova
Table 4. Ethical Practices Of Tncs: Failures Or Success, Irina Feofanova
Irina Feofanova
Appendices to COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova
Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova
Irina Feofanova
According to International Labour Organization (ILO) statistics, more than 70 percent of all child laborers work in agriculture. From tending cattle, harvesting crops, to handling machinery or holding flags to guide planes spraying pesticides, more than 132 million girls and boys, aged 5 to 14, help produce much of the food and drink people consume, as well as fibers and primary agricultural materials. ILO also notes that, of course, the numbers vary from country to country but it is estimated that at least 90 percent of economically active children in rural areas in developing countries are working in agriculture. However, …
“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner
“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner
Maine History
In 1887 the Maine legislature responded to pressures from the Knights of Labor and an increasingly agitated industrial labor force by instituting the Bureau of Industrial and Labor Statistics. The bureau’s job was to examine the state's workplaces and provide information to guide the legislature in making labor law. Reflecting the ideals of the popular Knights of Labor, the bureau initially focused its investigations on female as well as male workers. When the bureau requested that workers fill out questionnaires about their work, hundreds of women responded, leaving a rare first-hand account of women’s attitudes toward their working and living …
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
San Diego International Law Journal
There are several theories why the Mexican government has refused to enforce the stringent laws enumerated in the Mexican Constitution. For example, the North American Social Dumping Theory and Mexico's desire to retain foreign direct investment from foreign countries as a source of revenue and employment. This Comment seeks to analyze and expound on these theories and to develop two additional theories that have only been discussed in passing. Part II begins with a brief look at the history of Mexican labor, including pre- and post-Revolution working conditions. Part III discusses Mexico's encouragement and protection of foreign direct investment and …
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Oklahoma Law Review
No abstract provided.
Mother Jones, Janet Butler Munch
Mother Jones, Janet Butler Munch
Publications and Research
Mother Jones was a union organizer and activist in the U.S. labor movement. She fought to alleviate the misery of workers in mines, railroad yards, factories, and mills across the country. Her reform efforts led to the abolition of child labor, acceptance of the eight-hour workday, and implementation of Social Security and the minimum wage.
Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin
Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin
Hofstra Labor & Employment Law Journal
No abstract provided.
Changing The Approach To Ending Child Labor: An International Solution To An International Problem, Timothy A. Glut
Changing The Approach To Ending Child Labor: An International Solution To An International Problem, Timothy A. Glut
Vanderbilt Journal of Transnational Law
A recent study by the United States Department of Labor has revealed that oppressive child labor is a serious problem in many countries. This Note begins by examining the international scope of the child labor problem, including the underlying reasons for its continued existence. The Note then discusses measures, both unilateral and multilateral, for curtailing child labor. The author determines that these measures are insufficient to end the child labor problem and discusses potential solutions to the problem. The author concludes that the most effective measure to end child labor would be a multilateral agreement with clear standards and an …
Film Review. The Constitution And Employment Standards, Ivan C. Rutledge
Film Review. The Constitution And Employment Standards, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Justice Murphy And The Welfare Question, Leo Weiss
Justice Murphy And The Welfare Question, Leo Weiss
Michigan Law Review
In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Michigan Law Review
The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …
"Extra Time For Overtime" Now Law, Frank E. Cooper
"Extra Time For Overtime" Now Law, Frank E. Cooper
Michigan Law Review
The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Michigan Law Review
Plaintiff's decedent, a minor illegally employed, was killed while in the course of employment. As administrator, plaintiff sought to repudiate the award under the Compensation Act. He proceeded with an action at law and obtained a judgment of $20,000. On writ of error, held, judgment reversed without a new trial; the minor, not having elected otherwise, was bound by the terms of the Workmen's Compensation Act. Thomas v. Morton Salt Co., 253 Mich. 613, 235 N.W. 846 (1931).