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Full-Text Articles in Law
From Models To Mannequins: The Oxymoronic Equation Of International Labor Law Standards In The World Of Fashion, Namrata Bhowmik, Naman Anand
From Models To Mannequins: The Oxymoronic Equation Of International Labor Law Standards In The World Of Fashion, Namrata Bhowmik, Naman Anand
Cleveland State Law Review
Fashion law is an emerging field that addresses the legal issues that arise in the fashion industry. With the rapid growth and globalization of the fashion industry, there is an increasing need for specialized legal guidance in this area. Fashion law encompasses a wide range of legal issues, including intellectual property, contract law, employment law, international trade law, and environmental law.
One of the main drivers behind the need for fashion law is the rise of counterfeiting and intellectual property theft in the fashion industry. With the proliferation of ecommerce and social media, it has become easier than ever for …
Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y “Cláusulas Sociales” En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas
University of Miami International and Comparative Law Review
No abstract provided.
Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon
Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon
Nevada Law Journal
No abstract provided.
The Recurring Native Response To Global Labor Migration, Patrick W. Thomas
The Recurring Native Response To Global Labor Migration, Patrick W. Thomas
Indiana Journal of Global Legal Studies
For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with "illegal" immigration, and negative economic consequences for natives. They further disclaim any discriminatory motive behind the laws, claiming that the laws only target "illegal" immigration.
This note argues that (1) through a comparison with immigration flows and laws arising in the First Era of Globalization in the …
Shared Responsibility And The International Labour Organization, Yossi Dahan, Hanna Lerner, Faina Milman-Sivan
Shared Responsibility And The International Labour Organization, Yossi Dahan, Hanna Lerner, Faina Milman-Sivan
Michigan Journal of International Law
How should the international labor regime be reformed in order to guarantee all workers around the world minimum labor standards? This is the central question we address in this Article. It has been weighed and discussed by social scientists, legal scholars, and philosophers, who analyze it from various economic, political, and legal perspectives. Yet interestingly, the literature in this field has been, by and large, characterized by a sharp disciplinary divide: on the one hand, labor law scholars typically address the issue of international labor standards from a detailed practical perspective, defining the problems in terms of enforcement, efficacy, or …
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Maryland Journal of International Law
No abstract provided.
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
Indiana Law Journal
No abstract provided.
The Push & Pull Of Globalization: How The Global Economy Makes Migrant Workers Vulnerable To Exploitation, Neha Misra
The Push & Pull Of Globalization: How The Global Economy Makes Migrant Workers Vulnerable To Exploitation, Neha Misra
Human Rights Brief
No abstract provided.
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Vanderbilt Law Review
In the growing cacophony of voices heralding or contesting the many facets of globalization, international organizations ("Os") are playing an increasingly prominent role. Government officials, advocacy groups, and scholars are heatedly contesting the merits and demerits of using IOs to promote interstate cooperation and to resolve the many transborder collective action problems that globalization has fostered. These controversies raise important questions about how IOs are designed and how they respond to the uncertainties and changing circumstances that are endemic to international affairs. In the debates over globalization and institutional change, one IO-the International Labor Organization ("ILO")-has been given surprisingly short …
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Indiana Journal of Global Legal Studies
This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …
Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre
Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre
Human Rights & Human Welfare
A review of:
Slaves to Fashion: Poverty and Abuse in the New Sweatshops by J.S. Ross. Ann Arbor: University of Michigan Press, 2004. 396pp.
and
Can Labor Standards Improve Under Globalization? by Kimberly Ann Elliott and Richard B. Freeman. Washington: Institute for International Economics, 2003. 175pp.
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Osgoode Hall Law Journal
Three dynamics are coalescing to reshape labour relations in the twenty-first century in the United States: They are flexibilization, globalization, and privatization. Flexibilization refers to the changing work practices by which firms no longer use internal labour markets or implicitly promise employees lifetime job security, but rather seek flexible employment relations that permit them to increase or diminish their workforce, and reassign and redeploy employees with ease. Globalization refers to the increase in cross-border transactions in the production and marketing of goods and services that facilitates firm relocation to low labour cost countries. And privatization refers to the rise of …
Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai
Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai
Richmond Journal of Global Law & Business
No abstract provided.
Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge
Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge
Human Rights & Human Welfare
A review of:
Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.
and
International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Michigan Journal of International Law
The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …
The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield
The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield
Michigan Journal of International Law
This Article discusses the meaning and significance of core labor standards and the importance of linking them to trade agreements. It explains why the "protectionist" label often attributed to such linkage efforts by their detractors is misleading, as the example of China illustrates, repression of labor rights constitutes a form of unfair competition which undermines efforts to create a more just and stable world economy.
Enslaved To Fashion: Corporations, Consumers, And The Campaign For Worker Rights In The Global Economy, George Demartino
Enslaved To Fashion: Corporations, Consumers, And The Campaign For Worker Rights In The Global Economy, George Demartino
Human Rights & Human Welfare
A review of Levi’s Children: Coming to Terms with Human Rights in the Global Marketplace by Karl Schoenberger. New York: Atlantic Monthly Press, 2000. 288pp.
Levi’s Children presents a sobering account of the tribulations of a transnational corporation with a heart trying its best to navigate honorably the polluted moral waters of the global economy. San Francisco-based Levi Strauss and Company, maker of the iconic Levi’s jeans and other apparel, sought to maintain a commitment to social responsibility in the face of intensifying financial pressures to do otherwise. Author Karl Schoenberger puts this account to good effect, illuminating the extraordinary …
Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin
Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin
Richmond Journal of Global Law & Business
No abstract provided.
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Michigan Journal of International Law
This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …
The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler
The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Michigan Journal of International Law
This article examines the challenge to domestic labor regulation posed by the increasingly international economic and legal order. Part I analyzes the several ways in which increased global economic integration creates problems for labor. These problems include a decline in union bargaining power, a race-to-the-bottom in labor standards, and a weakening of labor's role as political actor. Part II identifies four approaches, or models, for transnational labor regulation that have emerged in the Western world in the past twenty years. These are: (1) preemptive legislation; (2) harmonization; (3) cross-border monitoring; and (4) extraterritorial jurisdiction. Part III explores the differences between …