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Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson Jan 2018

Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?

The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a ...


The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt Jan 2017

The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The technology of production has always shaped the employment relationship and the issues that are important in labor and employment law. Since at least the late 1970s the American economy has adopted information technology that promises to change the employment relationship in ways at least as profound as those wrought by the other revolutions in general production technology, such as the adoption of steam power, electricity, or methods of mass production. The global network of programmable machines of the information age allows us to communicate and process much more information, much more quickly than ever previously imagined. This increased informational ...


Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, Paul H. Robinson, Sarah M. Robinson Dec 2016

Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Progressive Legal Thought, Herbert J. Hovenkamp Jan 2015

Progressive Legal Thought, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.

Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not ...


A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee Jan 2015

A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee

Faculty Scholarship at Penn Law

Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize ...


Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston Apr 2013

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time public ...


The Striking Success Of The National Labor Relations Act, Michael L. Wachter Dec 2012

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

Faculty Scholarship at Penn Law

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over ...


Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston Apr 2012

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept. of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time public ...


A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn Jan 2011

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral ...


Beyond The Classroom: Using Title Ix To Measure The Return To High School Sports, Betsey Stevenson Jan 2010

Beyond The Classroom: Using Title Ix To Measure The Return To High School Sports, Betsey Stevenson

PSC Working Paper Series

Between 1972 and 1978 U.S. high schools rapidly increased their female athletic participation rates—to approximately the same level as their male athletic participation rates—in order to comply with Title IX, a policy change that provides a unique quasi-experiment in female athletic participation. This paper examines the causal implications of this expansion in female sports participation by using variation in the level of boys’ athletic participation across states before Title IX to instrument for the change in girls’ athletic participation. Analysis of differences in outcomes across states in changes between pre- and post-cohorts reveals that a 10-percentage point ...


Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer Nov 2008

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected ...


Immigration Policy: The Nations Most Fundamental Labor Law, Vernon M. Briggs Jr Feb 2008

Immigration Policy: The Nations Most Fundamental Labor Law, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] Samuel Gompers (1925), founder of the American Federation of Labor and, historically speaking, America's most influential labor leader, wrote in his autobiography, "Immigration is, in its fundamental aspects, a labor problem" (p. 125). In most contemporary debates over immigration policy, this basic truism is forgotten. For no matter how immigrants enter the United States—as legal immigrants, illegal immigrants, refugees, asylum seekers, border commuters, or nonimmigrant workers on temporary visas—most have to work to support themselves, as do usually their spouses and, eventually, their children as well. Hence, immigration policies always have labor market consequences regardless of ...


Revisiting The Administration Of Immigration Policy, Vernon M. Briggs Apr 2007

Revisiting The Administration Of Immigration Policy, Vernon M. Briggs

Articles and Chapters

[Excerpt] Discussions of the impact of immigration policy on the population and labor force of the United States typically center on why the nation has such a policy (i.e., the national interests that are involved) and what are the specific policy elements that are used to accomplish those ends. Far less attention is given to the process issues as to who administers those policies and how is the policy actually implemented and enforced. But answers to the who and the how questions are of equal importance when it comes to understanding policy outcomes. This is because the administrative processes ...


The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas C. Kohler, Julius G. Getman Aug 2006

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas C. Kohler, Julius G. Getman

Boston College Law School Faculty Papers

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court’s holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court’s announcement, scholars remain baffled by the contradictions presented by the “Mackay doctrine”—a rule that forbids employers from discharging legally protected strikers while, at ...


Parting Shots: Immigration, Vernon M. Briggs Jul 2006

Parting Shots: Immigration, Vernon M. Briggs

Articles and Chapters

[Excerpt] Prevailing immigration policy and the toleration of its mass abuse by illegal immigration generates both "winners" and "losers."


The Economic Well-Being Of Black Americans: The Overarching Influence Of U.S. Immigration Policies, Vernon M. Briggs Jul 2003

The Economic Well-Being Of Black Americans: The Overarching Influence Of U.S. Immigration Policies, Vernon M. Briggs

Articles and Chapters

[Excerpt] Of the myriad public policies that have impinged on the economic well being of black Americans over the years, none has had more overarching and continuous effects than those pertaining to immigration. Immigration policies and trends have set the stage that has allowed other outcomes to happen. From the beginning, when blacks were introduced into the British colonies that would later become the United States, to contemporary times, when the nation finds itself in the throes of the largest and longest period of mass immigration in its history, immigration policy has significantly influenced the geographical, occupational, and industrial employment ...


Immigration Policy And Human Resource Development, Vernon M. Briggs Jul 1999

Immigration Policy And Human Resource Development, Vernon M. Briggs

Articles and Chapters

[Excerpt] Population projections made by both the U.S. Census Bureau and the National Research Council in 1995 show that, if existing immigration policies remain in place, immigration will account for two-thirds of the anticipated population growth of between 124 and 131 million people that will occur by 2050. Immigration, which is currently accounting for about 40 percent of annual population growth, is in the process of becoming the dominant influence on the nation's human resource development. Two national commissions established by Congress since 1965 have strongly criticized prevailing immigration policy and offered significant recommendations for changes. Independent research ...


Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg Oct 1985

Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg

Articles and Chapters

This paper focuses on a few directions in which protective labor legislation might be expanded in the United States over the next decade and the implications of expansion in each area for labor markets. Specifically, it addresses the areas of hours of work, unjust dismissal, comparable worth, and plant closings. In each case, the discussion stresses the need to be explicit about how private markets have failed, the need for empirical evidence to test such market failure claims, the need for economic analysis of potential unintended side effects of policy changes, and the existing empirical estimates of the likely magnitudes ...


The Case For Residency Requirements, Chester Smolski May 1979

The Case For Residency Requirements, Chester Smolski

Smolski Texts

"The issue has been raised previously. It came up again most recently with the applicants for jobs with the Providence Fire Department. The question is, 'Should city employees be required to live in the city which employs them?'"