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“Long Past Time”: Cedaw Ratification In The United States, Rangita de Silva de Alwis, Amanda M. Martin 2018 University of Pennsylvania Law School

“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda M. Martin

Faculty Scholarship

More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification ...


Levels Of Abstraction In Legal Thinking, Michael Evan Gold 2018 Cornell University

Levels Of Abstraction In Legal Thinking, Michael Evan Gold

Articles and Chapters

[Excerpt] This article applies the concept of levels of abstraction to legal thinking. Perhaps the most important use of the concept is to constrain judicial lawmaking in a principled way.

Level of abstraction refers to:

  • the numbers of persons and transactions that generate an issue,

  • the numbers of persons and transactions of which a piece of evidence is true,

  • the numbers of persons and transactions to which an argument applies, and

  • the numbers of persons and transactions that are affected by the resolution of an issue.

In general, the more persons and transactions to which an issue and its resolution ...


Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia

Scholarly Works

This chapter, in Richard Bales and Charlotte Garden's forthcoming book, Reviving American Labor: Labor Law for Twenty-First Century Economy, introduces the reader to "politically engaged unionism" as demonstrated by the bargaining successes of The Culinary Workers Union Local 226 in Las Vegas, Nevada. Professor Ruben J. Garcia provides a brief background of the union and its member demographics, arguing it can serve as a model for unions across the country.


Decriminalization Of Prostitution: The Soros Effect, Jody Raphael 2018 University of Rhode Island

Decriminalization Of Prostitution: The Soros Effect, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full ...


Maryland's New Remedy For Wage Theft, Martha M. Ertman, Doris N. Weil 2018 University of Maryland School of Law

Maryland's New Remedy For Wage Theft, Martha M. Ertman, Doris N. Weil

Faculty Scholarship

No abstract provided.


Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose 2018 Dare To Tell

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Boston College Law School Faculty Papers

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard 2018 New York Law School

Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard

Other Publications

No abstract provided.


Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano 2017 University of New Orleans

Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano

University of New Orleans Theses and Dissertations

No abstract provided.


Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach 2017 Brooklyn Law School

Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach

Brooklyn Journal of International Law

The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high ...


Neville, Jr. Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), Anna Sichting 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Neville, Jr. Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), Anna Sichting

Nevada Supreme Court Summaries

The Court clarified that NRS 608.140 allows for private causes of action for unpaid wages based on the language discussing attorney fees in a private cause of action.


Caring For Workers, Martha T. McCluskey 2017 University of Maine School of Law

Caring For Workers, Martha T. Mccluskey

Maine Law Review

This essay examines the question of conflict between market work and family care from the angle of family caretaking labor for workers rather than for dependents. Feminist legal scholars and activists have been concerned for generations about the effect of women's unpaid caretaking work on women's participation and success in the wage labor market. Better public support for this gendered family care work is crucial to many leading visions of feminist legal and economic change. Recent welfare reforms, however, have increased the extent to which public policy treats caretaking instead as a personal responsibility (or a sign of ...


Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn 2017 University of Maine School of Law

Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn

Maine Law Review

Contemporary social policy relating to women's employment remains strikingly ambivalent. Those in favor of traditional family structures, a position that is generally associated with conservative political agendas, have often expressed a preference for a family model that emphasizes the woman's role as a homemaker, or to use the more recent term, a caretaker. At the same time, as the 1996 Welfare Reform Act demonstrates, if the choice is between providing financial support that would enable lower-income women to stay in the home and forcing those women into the labor market, the conservative agenda will opt for the latter ...


Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis 2017 University of Maine School of Law

Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis

Maine Law Review

According to Working Mother magazine, telecommuting is a “wonderful arrangement for working moms.” Advertisements for telecommuting jobs and related technologies show us pictures of these happy telecommuting moms, who are conducting important business on the telephone or typing busily at their computers, as their smiling toddlers play quietly by their sides or sit contentedly in their laps. Some employers have offered this wonderful experience in direct response to concerns raised by “women's issues” committees. That was probably just what Jack Nilles had in mind when he first coined the term “telecommuting” in the 1970s and described it as a ...


Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins 2017 University of Maine School of Law

Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins

Maine Law Review

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to “break[] down old patterns of segregation and hierarchy,” the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage ...


Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros 2017 University of Maine School of Law

Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros

Maine Law Review

In both the fields of labor law and gender studies, we learn the most from experience. The experience of workers coming together to demand equality and respect and the experience of women coming together to share their experiences has led to most of what we study in these fields. Unfortunately, too many times traditional legal doctrine does not fit these experiences. In those cases, we must struggle to change the law to be responsive to the lived experiences of women and workers. This Article explores the lived experiences of one particular group of workers—immigrant farmworking women in California. From ...


Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow 2017 University of Maine School of Law

Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow

Maine Law Review

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals ...


Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing 2017 University of Maine School of Law

Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing

Maine Law Review

The extent to which foreign corporations as well as their domestic subsidiaries can discriminate against American employees on the basis of sex, age, religion, and national origin in a manner that would be acceptable under their own laws and customs but inimical to American law is currently determined by a muddled jumble of circuit court opinions interpreting a “[w]e express no view” Supreme Court footnote. As a result, American victims of sexual discrimination have much less protection under Title VII of the Civil Rights Act of 1964 when the discriminating actor is a foreign corporation or its domestic subsidiary ...


Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey 2017 University of Maine School of Law

Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey

Maine Law Review

Congressional power to prevent and remedy sex discrimination in employment has been founded almost entirely upon the commerce power and Section 5 of the Fourteenth Amendment, which gives Congress power “to enforce, by appropriate legislation” the equal protection guarantee. The commerce power has enabled Congress to prohibit private sex discrimination in employment, and the combination of the commerce and enforcement powers has enabled Congress to prohibit such sex discrimination by public employers. From the late 1930s until the early 1990s the doctrinal architecture of these powers was relatively stable, even if statutory action to realize the promise of a nondiscriminatory ...


The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq. 2017 University of Maine School of Law

The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.

Maine Law Review

Equal pay for women is a concept that has been around for a long time. It was during World War I that women were first guaranteed pay equity in the form of regulations enforced by the War Labor Board of 1918. The Board's equal pay policy required manufacturers, who put women on the payroll while male employees were serving in the military, to pay those women the same wages that were paid to the men. The National War Labor Board continued that trend through World War II. Shortly after the war, states began enacting statutes that required employers to ...


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