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Gendering Disability To Enable Disability Rights Law, Michelle Travis 2016 University of San Francisco

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Better Work And Global Governance, Paul Alois 2016 Graduate Center, City University of New York

Better Work And Global Governance, Paul Alois

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal ...


Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman 2016 University of Southern California

Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman

University of Southern California Legal Studies Working Paper Series

It is now widely asserted that legal regimes that enforce contractual and other limitations on labor mobility deter technological innovation. First, recent empirical studies purport to show relationships between bans on enforcing noncompete agreements, increased employee movement, and increased innovation. We find that these studies misconstrue legal differences across states and otherwise are flawed, incomplete, or limited in applicability. Second, scholars have largely adopted the view that California’s policy against noncompetes promoted Silicon Valley as the world’s leading technology center. By contrast, Massachusetts’ enforcement of noncompetes purportedly stunted innovation in the Route 128 region near Boston. We show ...


It’S About Time: Costs And Coverage Of Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews 2016 University of Massachusetts Boston

It’S About Time: Costs And Coverage Of Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews

Randy Albelda

A new baby. A cancer diagnosis. A parent or child with a serious illness. These are common events that require a worker to take an extended leave from work. Most everyone at some point will experience a period during which they need time to heal or to care for a loved one. Yet, for many workers, taking time from work means losing wages and, for some, it means losing their job. The United States remains an outlier when it comes to paid leave. Nearly every other country provides paid maternity leave and most advanced industrial countries offer extended paid medical ...


Description Of The Albelda Clayton-Matthews/Iwpr 2016 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda 2016 Northeastern University

Description Of The Albelda Clayton-Matthews/Iwpr 2016 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda

Randy Albelda

The basic strategy behind our approach to estimating the cost of a paid leave program was to, as much as possible, base estimates of program costs on actual known leave-taking behavior, and where this was not possible, to estimate a range of program costs reflecting a range of reasonable assumptions about unknown aspects of behavior in the presence of a paid leave program. We wanted to be able to estimate the sensitivity of program costs estimates to these assumptions. We also wanted to be able to analyze the distribution of program benefits by demographic characteristics. Furthermore, we wanted to be ...


Globalization, Logics Of Action, International Labor Standards And National Government Roles, Sarosh Kuruvilla, Anil Verma 2016 Cornell University

Globalization, Logics Of Action, International Labor Standards And National Government Roles, Sarosh Kuruvilla, Anil Verma

Sarosh Kuruvilla

In an earlier article, (Frenkel and Kuruvilla, 2002) we argued that the interplay between three different logics of action, i.e., the logic of competition, the logic of industrial peace, and the logic of employment-income protection determines the employment relations pattern in any given nation. We demonstrated the operation of this logic of action framework in selected Asian countries. We also demonstrated that changes in one logic to another underlie changes and transformations in industrial relations systems, with evidence form Asian countries.

In this article, we examine how the logics underlying industrial relations systems play out in terms of the ...


New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz 2016 Valparaiso University School of Law

New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz

Seymour H. Moskowitz

No abstract provided.


Employment-At-Will & Codes Of Ethics: The Professional's Dilemma, Seymour Moskowitz 2016 Valparaiso University School of Law

Employment-At-Will & Codes Of Ethics: The Professional's Dilemma, Seymour Moskowitz

Seymour H. Moskowitz

No abstract provided.


Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability, Matthew M. Allen 2016 University of Cincinnati College of Law

Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability, Matthew M. Allen

University of Cincinnati Law Review

No abstract provided.


Effects Of Local Labor Market Conditions On Husband-Wife Wage Labor Participation And Labor Demand: U.S. Farm And Rural Nonfarm Households, Wallace E. Huffman 2016 Iowa State University

Effects Of Local Labor Market Conditions On Husband-Wife Wage Labor Participation And Labor Demand: U.S. Farm And Rural Nonfarm Households, Wallace E. Huffman

Wallace Huffman

Nonmetropolitan America contains almost 25 percent of the nation's population and 33 percent of its labor force. Rural residents are more likely to experience subemployment or poverty than their urban counterparts', and nonmetropolitan areas have lower wage rates and family income than urban areas. During the 1970s, rural areas benefited from a shift of manufacturing jobs from the metropolitan to nonmetro areas. However, during the 1980s employment prospects for nonmetro areas have deteriorated (USDA 1987). Part of this change in prospects is a result of increased international competition for U.S. manufactured goods and agricultural products. In addition, a ...


The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea VanderVelde 2016 Seattle University School of Law

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction ...


A Positive Right To Free Labor, Rebecca E. Zietlow 2016 Seattle University School of Law

A Positive Right To Free Labor, Rebecca E. Zietlow

Seattle University Law Review

This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary ...


The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway 2016 Seattle University School of Law

The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway

Seattle University Law Review

Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois ...


Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros 2016 Seattle University School of Law

Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros

Seattle University Law Review

The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.


Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros 2016 Seattle University School of Law

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros

Seattle University Law Review

The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.


The Constitution And Slavery Overseas, George Rutherglen 2016 Seattle University School of Law

The Constitution And Slavery Overseas, George Rutherglen

Seattle University Law Review

This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power ...


The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope 2016 Seattle University School of Law

The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope

Seattle University Law Review

In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson ...


A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz 2016 Seattle University School of Law

A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz

Seattle University Law Review

Eight months after his famous and lonely objections to Plessy v. Ferguson, Justice Harlan again dissented alone. Once more, the Court was hollowing out the Reconstruction Amendments’ promises of liberty and equality, but unlike Plessy, Robertson v. Baldwin is an obscure decision. It holds no place in the anticanon of constitutional error, not even a nomination. To the contrary, courts continue to rely upon it, though always in passing. What provokes this Essay is an occasion to attend more carefully to Justice Harlan’s wisdom, which quietly haunts Thirteenth Amendment jurisprudence. That provocation is the routine threat and actual practice ...


“They Outlawed Solidarity!”, Richard Blum 2016 Seattle University School of Law

“They Outlawed Solidarity!”, Richard Blum

Seattle University Law Review

In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators ...


An Overture To Equality: Preventing Subconscious Sex And Gender Biases From Influencing Hiring Decisions, Christy Krawietz 2016 Seattle University School of Law

An Overture To Equality: Preventing Subconscious Sex And Gender Biases From Influencing Hiring Decisions, Christy Krawietz

Seattle University Law Review

In many industries, women are less likely than men to be hired, and research suggests that this is due to subconscious gender bias rather than meritorious difference. To combat this bias, some orchestras use gender-blind auditions to hire their musicians. Orchestral hopefuls sit behind a screen to play their pieces, and directors listen to determine whom they want to hire. Some orchestras require applicants to remove their shoes before walking onstage, as even the perceived sound of high heels can affect a director’s decision. Before instituting gender-blind auditions, the top five American orchestras had fewer than five percent women ...


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