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Full-Text Articles in Law
Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson
Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson
Nicholas Howson
Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
Jaimie K. McFarlin
The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …
"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh
Justin A. Behravesh
This article provides unique critical analysis of the United States Supreme Court's June 2013 decision of Vance v. Ball State University, by comparing that decision to recent South African common law and statutory developments. I argue that Vance's redefinition of what constitutes a "supervisor" for purposes of vicarious liability will have devastating effect on working women in the United States. Ultimately using South African law as a model framework, I conclude that the factors that should trigger vicarious liability should be based on policy concerns, not arbitrary definitions of what constitutes a "supervisor."
Client Trust Account Fraud: Analyzing State, Federal, And International Rules And Regulations While Developing Effective Solutions For Prevention, Daniel H. Smith
Client Trust Account Fraud: Analyzing State, Federal, And International Rules And Regulations While Developing Effective Solutions For Prevention, Daniel H. Smith
Daniel H Smith
CLIENT TRUST ACCOUNT FRAUD: ANALYZING STATE, FEDERAL, AND INTERNATIONAL RULES AND REGULATIONS WHILE DEVELOPING EFFECTIVE SOLUTIONS FOR PREVENTION Daniel Hooper Smith Abstract Client Trust Account Fraud: Analyzing State, Federal, and International Rules and Regulations While Developing Effective Solutions for Prevention examines client trust accounts and fiduciary duties associated with them and categorizes three types of client trust account fraud (“CTA fraud”). In addition, this Article compares four states’ client trust account rules and regulations and discusses how fraudsters attempt to circumvent the law in each jurisdiction. This Article then analyzes state, federal, and international agency regulation with respect to client …
Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi
Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi
Hassan Razavi
The trade-based distributional policies have reinforced the issue of social standards in societies and the encroachment of free trade on other international standards particularly the labor standards has linked this matter with the issue of comparative advantage, thus opening the door for claims which are not made in good faith. This research studies the linkage of free trade and social standards under the WTO umbrella and based on justice theories, develop a framework in which the claims for both the protection of human rights and economic growth could be met by developing the idea of parallelism within the current regime …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
César F. Rosado Marzán
Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has kept in line with such conservatism, perhaps with sharpened audacity, deciding a number of key work law cases in the favor of employers. Moreover, the current seemingly pro-employer judicial hue over recent work law cases comes at the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and an upsurge in labor precarity. Work law, which has always been under …
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán
César F. Rosado Marzán
Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (“IFAs”) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed by multi-national firms and global labor unions. Global labor unions are labor organizations composed of national-level labor organizations. All IFAs must submit to the core labor standards of the International Labor Organization (“ILO”), to wit, freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms …
The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, Lee Adams
Lee Adams
This year marks the thirtieth anniversary of the International Labour Organization’s (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines ILO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
Christopher David Ruiz Cameron
No abstract provided.
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Bruno PS Van Eck
The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …
"Ethics And The United Nations International Civil Servant: The Jurisprudence Of The United Nations Dispute Tribunals And The United Nations Appeals Tribunal On Workplace Retaliation - The Rights Of The 'Whistleblower' In The United Nations", Tamara Shockley
Tamara A. Shockley
This article surveys emerging issues in the approach of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal in the area of workplace retaliation and the rights of “whistleblowers” in the United Nations. The article examines the institutional framework for managing ethics in the United Nations and the importance of ethics as a tool for United Nations corporate governance. The developing jurisprudence of ethical compliance by the United Nations Dispute Tribunals and the United Nations Appeals Tribunal demands an analysis of the United Nations jurisprudence in the occurrence of workplace retaliation and conditions for actionable workplace retaliation before …
International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish
International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish
Varun Vaish
The regulation of transnational corporations (TNCs) by an international legal order fundamentally centred on states proves to be difficult when they exercise political influence and have the ability to generate revenue which can eclipse the economies of many countries in comparison. According to the World Investment Report 2007, as of 2006 there were 78,411 parent corporations and 777,647 affiliates worldwide.4 The scale of the concentration of economic power is illustrated by the statistics: of the world’s hundred largest economic entities, 51 are multinational companies and 49 are nation states. The Texaco Corporation functioned for years in Ecuador with annual global …
Acquired Rights In Administrative Courts Of Connoted International Organizations. Jurisprudential Study,, Juan Lapenne
Acquired Rights In Administrative Courts Of Connoted International Organizations. Jurisprudential Study,, Juan Lapenne
Juan Lapenne
No abstract provided.
The Maritime Labour Convention, 2006: A Legal Primer To An Emerging International Regime, Co-Authored With Dr Moiram Mcconnell And Dominick Devlin, Martinus Nijhoff Publishers, May 2011., Moira L. Mcconnell, Dominick Devlin, Cleopatra Doumbia-Henry
The Maritime Labour Convention, 2006: A Legal Primer To An Emerging International Regime, Co-Authored With Dr Moiram Mcconnell And Dominick Devlin, Martinus Nijhoff Publishers, May 2011., Moira L. Mcconnell, Dominick Devlin, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Extending The Scope Of Application Of Labour Laws To The Informal Economy”, Digest Of Comments Of The Ilo Supervisory Bodies Related To The Informal Economy, Cleopatra Doumbia-Henry
Extending The Scope Of Application Of Labour Laws To The Informal Economy”, Digest Of Comments Of The Ilo Supervisory Bodies Related To The Informal Economy, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss
Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss
Marley S. Weiss
Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …
Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry
Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
The Future Of Standards Supervision: Reconciling Development And Adjustment, Cleopatra Doumbia-Henry
The Future Of Standards Supervision: Reconciling Development And Adjustment, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
China Labor Contract Law And The Liberalization Of Global Markets: Will Employee Rights Equate To Employer Nightmares?, Sharon Breckenridge Thomas
China Labor Contract Law And The Liberalization Of Global Markets: Will Employee Rights Equate To Employer Nightmares?, Sharon Breckenridge Thomas
S. Breckenridge Thomas
No abstract provided.
How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry
How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Prescriptive Standards Give Way To Principles, Cleopatra Doumbia-Henry
Prescriptive Standards Give Way To Principles, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
The Maritime Labour Convention, 2006 Consolidates Seafarers’ Labour Instruments, Cleopatra Doumbia-Henry, D. Devlin, Moira Mcconnell
The Maritime Labour Convention, 2006 Consolidates Seafarers’ Labour Instruments, Cleopatra Doumbia-Henry, D. Devlin, Moira Mcconnell
Cleopatra Doumbia-Henry
No abstract provided.
Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel
Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel
Cleopatra Doumbia-Henry
No abstract provided.
Biometrics In Seafarer’ Identity Documents, Cleopatra Doumbia-Henry
Biometrics In Seafarer’ Identity Documents, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry
The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry
Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss
Marley S. Weiss
No abstract provided.