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Full-Text Articles in Law and Society
The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa
The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa
Dissertations, Theses, and Capstone Projects
Intense demand for cheap labor in the United States has resulted in a widespread effect of employing high skilled immigrants in STEM fields. Examining how companies use high-skilled visa categories to create a flexible cheaper immigrant workforce, this paper demonstrates that skilled immigrants from Asia are being exploited through neutral skills-based criteria that are de facto racially biased. The purpose of this paper is to raise awareness of how, from the perspective of law and society, skills-based immigration works primarily to benefit the technological industry rather than skilled immigrants.
Community Integration Of People With Disabilities: Can Olmstead Protect Against Retrenchment?, Mary Crossley
Community Integration Of People With Disabilities: Can Olmstead Protect Against Retrenchment?, Mary Crossley
Articles
Since the passage of the Americans with Disabilities Act (ADA) in 1990, states have made significant progress in enabling Americans with disabilities to live in their communities, rather than institutions. That progress reflects the combined effect of the Supreme Court’s holding in Olmstead v. L.C. ex rel. Zimring, that states’ failure to provide services to disabled persons in the community may violate the ADA, and amendments to Medicaid that permit states to devote funding to home and community-based services (HCBS). This article considers whether Olmstead and its progeny could act as a check on a potential retrenchment of states’ …
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
Faculty Scholarship
When compared to other developed nations, the United States fares poorly with regard to benefits for workers. While the situation is grim for most U.S. workers, it is worse for low-wage workers. Data show a significant benefits gap between low-wage and high-wage in terms of flexible work arrangements (FWAs), paid leave, pensions, and employer-sponsored health-care insurance, among other things. This gap exists notwithstanding the fact that FWAs and employment benefits produce positive returns for employees, employers, and society in general. Despite these returns, this Article contends that employers will be loath to extend FWAs and greater employment benefits to low-wage …