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Full-Text Articles in Law

Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry Oct 2014

Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Institutionalist Theory And International Legal Scholarship, William Aceves Apr 2014

Institutionalist Theory And International Legal Scholarship, William Aceves

William Aceves

No abstract provided.


Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán Dec 2013

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 Dec 2013

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 …


De Recto, De Jure, Or De Facto: Another Look At The History Of U.S./Tribal Relations, Marren Sanders Dec 2013

De Recto, De Jure, Or De Facto: Another Look At The History Of U.S./Tribal Relations, Marren Sanders

Marren Sanders

The history of relations between the United States and Native nations is often divided by scholars into specific eras defined by the Congressional policy in force at the time. Each federal policy had profound consequences for tribes and their sovereign ability to manage their lands and resources. This article surveys the history of U.S./tribal relations through the lens of the Professors Joseph Kalt and Joseph William Singer’s scheme of tribal sovereignty. Part I looks at how tribal sovereign rights to manage their people, lands, and resources have been recognized in varying degrees since the time of first contract with European …