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Full-Text Articles in Law

Workers' Rights Provisions In Fast Track Authority, 1974-2007; An Historical Perspective And Current Analysis, Carol J. Pier Jan 2006

Workers' Rights Provisions In Fast Track Authority, 1974-2007; An Historical Perspective And Current Analysis, Carol J. Pier

Indiana Journal of Global Legal Studies

This article examines the trajectory of workers' rights provisions in 'fast track" authority legislation allowing the U.S. president to negotiate free trade agreements that Congress can only approve or reject, not amend. I begin my analysis with the Trade Act of1974 and continue through the expiration of fast track authority in 1994. Against this backdrop, I critique the workers' rights negotiating objectives and priorities in the Bipartisan Trade Promotion Authority Act of 2002 (TPA). Relying on TPA's confused legislative history and basic rules of statutory interpretation, the article seeks to interpret TPA's workers' rights provisions. It concludes by examining the …


Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti Jan 2006

Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti

Indiana Journal of Global Legal Studies

This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …


The New Politics Of Linkage: India's Opposition To The Worker's Rights Clause, Kevin Kolben Jan 2006

The New Politics Of Linkage: India's Opposition To The Worker's Rights Clause, Kevin Kolben

Indiana Journal of Global Legal Studies

This article examines why India has opposed a World Trade Organization (WTO) workers' rights clause, and calls for a new way of thinking about international institutions and the link between trade and labor rights. Many labor rights supporters argue that labor rights principles should be integrated into the WTO, either via the addition of a workers' rights clause or through a 'judicial" reading of labor rights values into the existing WTO framework. But India has led a large block of developing countries in opposing any link between labor rights and the WTO. This opposition has been based primarily on economic …


The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen Jan 2006

The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen

Indiana Journal of Global Legal Studies

This paper engages the concept of transnational law (TL) in a way that goes beyond the by now accustomed usages with regard to the development of legal norms and the observation of legal action across nation-state boundaries, involving both state and nonstate actors. The concept of TL can serve to illustrate much further-reaching set of developments in norm creation and legal regulation. TL is here understood not only as a body of legal norms, but it is also employed as a methodological approach to illustrate common and shared challenges and responses to legal regulatory systems worldwide. In the case of …