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Articles 1 - 6 of 6
Full-Text Articles in Law
The Myth Of Equality In The Employment Relation, Aditi Bagchi
The Myth Of Equality In The Employment Relation, Aditi Bagchi
All Faculty Scholarship
Although it is widely understood that employers and employees are not equally situated, we fail adequately to account for this inequality in the law governing their relationship. We can best understand this inequality in terms of status, which encompasses one’s level of income, leisure and discretion. For a variety of misguided reasons, contract law has been historically highly resistant to the introduction of status-based principles. Courts have preferred to characterize the unfavorable circumstances that many employees face as the product of unequal bargaining power. But bargaining power disparity does not capture the moral problem raised by inequality in the employment …
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Journal Articles
Numerous scandals arising from the United States government’s increased use of armed private military contractors have drawn attention to the contractors’ legally ill-defined position. But the complexity of the contractors’ relation to various bodies of law and doctrine — including military law, international law, state tort law, employment law, and sovereign immunity — is not the only salient issue. The contractors are also awkwardly positioned in relation to the traditional understanding of sacrifice, which has structured Americans’ imaginings about those who kill and are killed on behalf of the nation. This Article examines the contractors’ relation to the tradition of …
Searching For The Balance Between Flexibility And Workers' Security (Is It Time To Reform Labor Market Policies?), Emmanuel F. Esguerra, Kristine Laura S. Canales
Searching For The Balance Between Flexibility And Workers' Security (Is It Time To Reform Labor Market Policies?), Emmanuel F. Esguerra, Kristine Laura S. Canales
Angelo King Institute for Economic and Business Studies (AKI)
The protection of labor and the regulation of labor-capital relations are fundamental elements of Philippine labor policy. This protective posture is enshrined in the Constitution (Art. XIII), and reaffirmed in the Labor Code of the Philippines which provides the legal basis for all existing labor market policies and regulations.
Teaching Problem-Solving And Preventive Law Skills Through International Labour And Employment Law, Ruben J. Garcia
Teaching Problem-Solving And Preventive Law Skills Through International Labour And Employment Law, Ruben J. Garcia
Scholarly Works
This essay describes how problem-solving and preventive law principles apply in the teaching of international labor and employment law. This is because the subject itself crosses disciplinary and geographical boundaries. Students are taught about the importance of the lawyer's role as a counselor, rather than simply a litigator, which is at the center of the model of the lawyer as a problem solver.
Reproducing Gender On Law School Faculties, Ann C. Mcginley
Reproducing Gender On Law School Faculties, Ann C. Mcginley
Scholarly Works
This article demonstrates that there is a gender divide on law school faculties. Women work in inferior sex-segregated jobs and teach a disproportionate percentage of female-identified courses. More than 80% of law school deans are men. Men teach the more prestigious male-identified courses. Women suffer from differential expectations from colleagues and students and often bear the brunt of their colleagues' bullying behaviors at work. Using masculinities studies and other social science research to identify gendered structures, practices, and behaviors that harm women law professors, this article provides a theoretical framework to explain why women in the legal academy do not …
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Scholarly Works
In order to avoid the pendulum swings of politics, advocates must argue for more fundamental norms for the protection of labor rights. Statutory protections, while important, will not provide long-lasting change toward establishing workers' rights as fundamental under constitutional and international law principles. Workers' rights must be seen as fundamental to the functioning of a democratic society, rather than as the special interest agenda of unions or plaintiffs' attorneys. This can be done through more advocacy for a minimum set of workers' rights as human rights, including the right to organize labor unions and the right to be free from …