Law Commons^™

Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …

Labor Rights In The Generalized System Of Preferences: A 20-Year Review, Lance A. Compa, Jeffrey S. Vogt

Lance A Compa

[Excerpt]In the fall of 1982, a small group of labor, religious, and human rights activists began charting a new course for human rights and workers' rights in American trade policy. The principles of these labor rights advocates were straightforward: 1. No country should attract investment or gain an edge in international trade by violating workers' rights; 2. No company operating in global trade should gain a competitive edge by violating workers' rights; and, 3. Workers have a right to demand protection for labor rights in the international trade system, and to have laws to accomplish it. The coalition that took …

تونل, Sajjad Khaksari

SAJJAD KHAKSARI

برداشتی از فیلم سینمایی تونل؛ فیلمی که صدا و سیمای خامنه ای همواره سعی در سوء استفاده از آن را داشته اما واقعیت این است که اوضاع و احوال «حقوق کارگر» و به خصوص فعالان سندیکایی آنان اسفناک است آنچنان که در فیلم هم به خوبی به نمایش گذاشته می شود. این تنها نسخه پی دی افی است که برای ام باقی مانده چرا که در بازداشت ها و دستگیری های سربازان گمراه حضرت آقا، ظالمان موفق شدند تا نوشته هایم در این زمینه را معدوم کنند! غافل از آنکه «حق» پا برجا بوده و خواهد بود

International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma

Sarosh Kuruvilla

[Excerpt] In this article, we briefly describe the different approaches to the regulation of international labor standards, and then argue for a new role for national governments based on soft rather than hard regulation approaches. We argue that this new role shows potential for significantly enhancing progress in international labor standards, since it enables governments to articulate a position without having to deal with the enforcement issues that hard regulation mandates. We justify this new role for governments based on the increasing use of soft regulation in the international arena. Of course, this approach is not without its own problems, …

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne

Susanne Bruyère

In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …

Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …

Discretion Without Guidance, William W. Berry Iii

William W Berry III

The exercise of the discretion accorded to a judge in determining the sentence of a convicted criminal offender bears directly on the coherence and the legitimacy of any criminal justice system. The United States federal criminal sentencing system has, at various points in time over the past century, employed schemes that have approached either the one extreme of unfettered judicial discretion or the other extreme of highly restricted judicial discretion. In January, 2005, the United States Supreme Court held in United States v. Booker that the mandatory federal sentencing guidelines, the source of the strict restriction on judicial discretion for …

American Procedural Exceptionalism, William W. Berry Iii

William W Berry III

This article offers a new theory to explain the persistence of the death penalty in the United States at a time when most western nations have abolished it. Contrary to cultural explanations that have been advanced by other scholars, this piece hypothesizes that the retention is best explained by "American procedural exceptionalism," defined as the unique American belief in the efficacy and fairness of its legal process. This American exceptionalism of process validates the expression of the impulse toward retribution commonly found in western nations. In other words, the perceived fairness of the process affirms the retributive notion that the …

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder

Nancy Levit

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …

Protecting Whistleblowers By Contract, Richard E. Moberly

Richard E. Moberly

Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower’s claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …

Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Tres Son Multitud: Tc Fija Nuevos Criterios Para El Otorgamiento De Pensiones Por Enfermedades De Trabajos De Riesgo, Óscar Súmar, Luis Alberto Chang

Oscar Súmar

No abstract provided.

Sales And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.

Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit

Nancy Levit

Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.

Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …