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Full-Text Articles in Labor and Employment Law
Scorched Border Litigation, Briana Beltran, Beth Lyon, Nan Schivone
Scorched Border Litigation, Briana Beltran, Beth Lyon, Nan Schivone
Cornell Law Faculty Publications
Each year, employers bring hundreds of thousands of temporary foreign workers into the United States only to return them to their communities of origin when their visas end. During their short months working in the United States—whether in agricultural fields, hotels, traveling carnivals, or private homes—many of these workers experience violations of their rights: wages are stolen, injuries are ignored, and those who complain are punished on the spot or sent home.
Temporary foreign workers who choose to file a lawsuit to vindicate their rights typically do so once they are no longer in the United States, often litigating from …
Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas
Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas
Cornell Law Faculty Publications
This essay will argue that even where disparate treaties converge doctrinally, they may diverge normatively and that normative divergence may be significant in its own right. Section I of this essay seeks to chart out an initial such analysis, conducting a concise comparison of particular rules affecting migrant workers from different realms of international law. Section I concludes with both a graphic representation of doctrinal convergences and divergences, and a further discussion the doctrinal relationships among treaties as elucidated through consideration of hypothetical legal disputes.
Section II considers the normative implications of divergent rule systems. In particular, Section II raises …