Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv
Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv
Pace International Law Review
This article presents the conservative claim that the public sector ought to lead by example to influence social employment patterns, across the public and private sectors. The hypothesis is that affirmative action plans are instrumental in establishing change in employment processes and are additionally essential in advancing the social concept of employment diversity. In the absence of a clear obligation and set requirements for the inclusion of Arab employees in Israel, an under-represented group, it is likely no significant change in employment patterns will be seen. This article details how current affirmative action plans advocate for integration merely on paper …
Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott
Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott
Articles & Book Chapters
Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …
Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan
Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan
LL.M. Essays & Theses
When the world went into lockdown due to the COVID-19 pandemic, major fashion brands attempted to protect their profits by refusing to pay overseas suppliers for over $16 billion USD of goods between April and June 2020. These decisions had a devastating impact on garment workers who toil at the bottom of the supply chain; thousands of garment workers and their families faced wage theft, dealing with months of unpaid wages, benefits and/or severance pay. In the absence of a regulatory framework to hold corporations responsible, workers, unions, and NGOs resorted to naming and shaming brands into taking action. However, …
Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa
Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa
Chicago-Kent Law Review
Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. The United States needs a new immigration policy that balances the needs of companies and the overall economy with needs for high labor standards and protection of workers’ rights. International labor and human rights instruments address several migrant labor issues, but U.S. law and practice fall short of …
Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane
Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane
Pepperdine Law Review
No abstract provided.
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Faculty Publications
The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …
Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp
Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp
Faculty Scholarship
Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
All Faculty Scholarship
The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …
Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley
Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.
By the time the International Labor Organization responded to complaints that the convention was …
A Draft Labor Code For Minsk: From Byelorussia With Love?, Lucas G. Paglia
A Draft Labor Code For Minsk: From Byelorussia With Love?, Lucas G. Paglia
Vanderbilt Journal of Transnational Law
Belarus, a former Eastern bloc country located between Russia and Poland, has drafted a comprehensive labor code to govern employment relations. This Note presents the historical underpinnings of the legislation, its major provisions, and its prospects for successfully handling labor disputes as well as encouraging foreign investment. The author first explores the current labor environment in Belarus, especially focusing on the recent privatization of industry, and its amenability to such regulation. The Note then analyzes specific provisions of the labor code and compares them to the National Labor Relations Act in the United States, as well as the conditions under …
Economic Globalization: The Challenge For Arbitrators, Ranee K.L. Panjabi
Economic Globalization: The Challenge For Arbitrators, Ranee K.L. Panjabi
Vanderbilt Journal of Transnational Law
CHOICE OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION
By Okezie Chukwumerije
Westport, Connecticut: Quorum Books, 1994. Pp. 219.
Arbitration at the municipal level is becoming more frequently used because it is regarded as a more expeditious process for resolving disputes. In the realm of labor relations, for instance, arbitration is often the dispute resolution method of choice and is incorporated in numerous collective agreements. In an arbitration the two parties usually select an arbitrator and jointly pay the costs of the process. In the collective agreement or contract, the parties stipulate the terms of the procedure that generally bind the arbitrator, …
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 …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace
By James Michael Zimmerman
New York, New York: Quorum Books, 1992. Pp.206.
===================
Fact-Finding before International Tribunals
Edited by Richard B. Lillich
Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.
===================
International Human Rights Law in the Commonwealth Caribbean
Edited by Angela D. Byre and Bevereley Y. Byfield
Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Japan's Reshaping of American Labor Law By William B. Gould Cambridge, Massachusetts: The MIT Press, 1984. Pp.xii, 166. $19.95.
World Economic Outlook By The Staff of the International Monetary Fund Washington, D.C.: International Monetary Fund,1984. Pp. ix, 162. $15.00.
Recent Multilateral Debt Restructurings With Official and Bank Creditors By E. Brau and R.C. Williams Washington, D.C.: International Monetary Fund, 1983. Pp. vii, 28. $5.00.
The Fund, Commercial Banks, and Member Countries By Paul Mentre Washington, D.C.: International Monetary Fund, 1984. Pp. v, 35. $5.00.
International Law and the New States of Africa By Yilma Makonnen New York: Unipub, 1983. Pp. …
Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld
Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld
Vanderbilt Journal of Transnational Law
U.S. Multinationals and Worker Participation in Management: The American Experience in the European Community By Ton DeVos Westport, Conn.: Quorum Books, 1981. Pp. 229.
Reviewed by David M. Helfeld
Cooperation between Management and Labor By Walter Kolvenbach Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 1982. Pp. 89. Dfl. 65.00, $26.00.
Reviewed by Robert N. Covington
Utilization of Outer Space and International Law By Gijs Bertha C.M. Reijnen. Amsterdam, Oxford, New York: Elsevier,1981. Pp. 179. $65.30.
Reviewed by Howard J. Taubenfeld
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA
Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve
Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law
Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition
Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …
Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger
Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger
Vanderbilt Journal of Transnational Law
The statement that the Commission on Human Rights "functions as the focal point of the United Nation's concentration on the international observance of human rights" is fraught with definitional inconsistencies. Throughout its existence one of the main problems faced by the members of the Commission has been to agree upon the appropriate limits of the expression "human rights." The question arises whether the term includes the right of a retired school teacher to speak out against his country's employment practices or his entitlement to receive social security after his departure from the teaching force. If these are both considered to …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates
============================
International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment
============================
Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions
============================
Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA
============================
Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations
============================
Labor Law--Employer's Duty To Bargain When Authorization Cards Are …