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Full-Text Articles in Law

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay Feb 2019

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay

Seattle University Law Review

This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready to …


The Ethical (Or Not So Ethical) Story Behind Your Bar Of Chocolate: The Untold Tale Of A Distressed Ghanaian Farmer, Nadia Ayensah Jan 2019

The Ethical (Or Not So Ethical) Story Behind Your Bar Of Chocolate: The Untold Tale Of A Distressed Ghanaian Farmer, Nadia Ayensah

Augustana Center for the Study of Ethics Essay Contest

In a time where the ethics of business dealings have become a key factor in the likelihood of the success of that venture due to globalization, it is important to start considering those ventures that are so popular, but whose inner working are rarely heard of. This paper analyzes the history and process of cocoa production in Ghana. It looks at the status quo with regards to the social and economic standing of Ghanaian Cocoa farmers as opposed to the earnings made by cocoa processing companies. With the statistics derived, the paper then considers who is to take responsibility for …


Murray Energy Corporation V. Mccarthy, Sarah M. Danno Feb 2017

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde May 2016

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 May 2016

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 …


The Lawyer's Obligation To Correct Social Injustice!, James F. Gill Feb 2016

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

Fordham Urban Law Journal

No abstract provided.


Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo Jan 2016

Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo

Center for Business Research and Development

The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …


Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger Jan 2016

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 …


Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman Apr 2014

Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman

Barry Cushman

Scholars interested in the development of political and constitutional culture during the 1930s sometimes draw inferences about popular preferences on various issues of social and economic policy from the results of presidential and congressional elections. A review of contemporary public opinion polls taken by George Gallup for the American Institute of Public Opinion and by Elmo Roper for the Fortune Magazine survey offers a more granular understanding of popular views on the public policy issues of the day. This article canvasses all of the public opinion polls taken by Gallup and Roper between 1935, when they began publishing their results, …


Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli Jan 2011

Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli

Michele Faioli

No abstract provided.


Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman Jan 2002

Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman

Journal Articles

Scholars interested in the development of political and constitutional culture during the 1930s sometimes draw inferences about popular preferences on various issues of social and economic policy from the results of presidential and congressional elections. A review of contemporary public opinion polls taken by George Gallup for the American Institute of Public Opinion and by Elmo Roper for the Fortune Magazine survey offers a more granular understanding of popular views on the public policy issues of the day. This article canvasses all of the public opinion polls taken by Gallup and Roper between 1935, when they began publishing their results, …