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Articles 1 - 30 of 53
Full-Text Articles in Law
Exploited: The Unexpected Victims Of Animal Agriculture, Caitlin Kelly
Exploited: The Unexpected Victims Of Animal Agriculture, Caitlin Kelly
Animal Law Review
Awareness of how nonhuman animals suffer in animal agriculture has been growing for years. But are they the only victims? Selling the products and parts of hundreds of millions of animals in the United States every year requires someone to manage those animals. It requires someone to kill those animals. And it requires someone to dismember those animals long before they ever reach the neat rows of plastic wrapped packaging at the grocery store. To accomplish this process at an industrial scale means hundreds to thousands of animals are together in barns which reek of their waste and create biohazards …
Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger
Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger
University of Cincinnati Law Review
No abstract provided.
Knowingly Benefitting: Blocking Relief For Drc Child Cobalt Miners, Austin Clements
Knowingly Benefitting: Blocking Relief For Drc Child Cobalt Miners, Austin Clements
Human Rights Brief
No abstract provided.
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Faculty Articles
For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …
Families And The Ethic Of Globordered Markets, Daphna Hacker
Families And The Ethic Of Globordered Markets, Daphna Hacker
Cornell Journal of Law and Public Policy
In this Article, I examine the ethical implications of the impact of what I term globordered markets-that is, the markets created by the intense interactions between national borders and globalization-on families. While the interrelations between "the family" and "the market" have been acknowledged ever since Engels pointed to the connection between private property and the patriarchal family, and more recently in the rich discussions over work-family balance, there remains much more to be explored in this moral domain. In particular, very little scholarly attention has been given to how families are affected by both the global market and the impact …
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Cleveland State Law Review
No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …
Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss
Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss
University of Miami Inter-American Law Review
Child labor and forced labor remain pervasive problems on Mexican farms. Millions of workers on these farms are forced to work and live in inhumane conditions, only to leave the season’s harvest just as poor as they were before. To date, human rights and labor treaties and agreements that Mexico is party to have failed to protect workers. In early 2016, however, negotiations on the Trans-Pacific Partnership (“TPP”) concluded and, if ratified, the party-countries claim that the TPP will hold Mexico to higher standards than previously faced because the TPP will link labor rights with trade law. However, this was …
Qué Tan Lejos Hemos Ido Y Qué Tan Lejos Nos Queda: Los Niños Trabajadores Y La Erradicación Del Trabajo Infantil En Ecuador, Alicia Serna Frausto
Qué Tan Lejos Hemos Ido Y Qué Tan Lejos Nos Queda: Los Niños Trabajadores Y La Erradicación Del Trabajo Infantil En Ecuador, Alicia Serna Frausto
CMC Senior Theses
Al investigar este problema en el caso específico de Ecuador podemos ver algunos patrones que otros investigadores y políticos podrían aplicar en otros contextos de abusos laborales y trabajo infantil. En un mundo más consciente de los derechos humanos, es necesario impedir el trabajo infantil donde se pueda o por lo menos asegurar que los niños que trabajan lo hagan en la forma más sana y segura. En esta investigación se analizan las leyes y regulaciones de las últimas dos décadas, la implementación, y los efectos en las vidas de los niños trabajadores. La implementación de las leyes y regulaciones …
Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo
Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo
Southern African Journal of Policy and Development
The realisation of Children’s Rights and the right to education, in particular, have for quite long left the children of the Global South at a crossroads. The ideal of a childhood free from work has in itself become a barrier to access this social good. As such, due to their country’s minimal or non-existent educational funding and family abject poverty, some children in the Global South have realised that adopting a pragmatic strategy of combining school and work is the only feasible solution. This study, therefore, examines the interface between children’s work and schooling in the Global South.
Save The Children: The Legal Abondonment Of American Youth In The Workplace, Seymour Moskowitz
Save The Children: The Legal Abondonment Of American Youth In The Workplace, Seymour Moskowitz
Akron Law Review
Part II of the Article sets out the basic facts regarding children in the contemporary American economy. These youths labor in a wide variety of work settings but are concentrated in the retail, restaurant, and service sectors. The existing protective statutes exclude large blocks of working children and provide few effective deterrents for violations. The results are as tragic as they are predictable. Working youths, particularly those working more than twenty hours per week, suffer numerous academic, physical, and other detriments. An additional problem particular to young workers is sexual harassment on the job. Part III analyzes the legal rules …
On “Trafficking And Health”, Dominique Stewart
On “Trafficking And Health”, Dominique Stewart
e-Research: A Journal of Undergraduate Work
This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …
Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna
Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna
The Scholar: St. Mary's Law Review on Race and Social Justice
Instances of youth injuries or death compelled the Department of Labor (DOL) to respond with proposed rules. The proposed Child Labor Regulations would have promoted parity between agricultural and non-agricultural child labor provisions. Lawmakers, however, erroneously mischaracterized the legislation as harmful to “family farms.” Strong opposition came from farming families and agri-industry representatives who argued that the proposed revisions would eliminate the “parental exemption” from the Fair Labor and Standards Act. As a result, DOL withdrew the proposed standards. The proposed rules would have increased safety standards and provided awareness of the dangers youths face in the agriculture industry. Children …
Implementing Article 32 Of The Convention On The Rights Of The Child As A Domestic Statute: Protecting Children From Abusive Labor Practices, Hillary V. Kistenbroker
Implementing Article 32 Of The Convention On The Rights Of The Child As A Domestic Statute: Protecting Children From Abusive Labor Practices, Hillary V. Kistenbroker
Case Western Reserve Journal of International Law
No abstract provided.
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Frank J. Garcia
International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S. section …
The Cost Of The Bright Red Strawberry: The Dangerous Failure Of Pesticide Regulations To Account For Child Farmworkers, Luthien L. Niland
The Cost Of The Bright Red Strawberry: The Dangerous Failure Of Pesticide Regulations To Account For Child Farmworkers, Luthien L. Niland
Golden Gate University Environmental Law Journal
Agriculture is the most dangerous industry for child workers, yet the laws that regulate the work of children in the fields are among the least protective of worker health and safety. This Article examines the failure of U.S. laws and international obligations to protect children from the devastating effects of pesticide exposure. Part II of this Article will explain the presence of children in fields and their heightened vulnerability to pesticides compared to adult farmworkers. In addition, it will discuss the deficiencies in current pesticide laws that result in inadequate protection for child farmworkers. Part III will examine the United …
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
Indiana Journal of Global Legal Studies
The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …
Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. Deniro Esq.
Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. Deniro Esq.
Vanessa L. De Niro
The exploitation of modern child labor in developing countries persists in part because of consumers like us. However, in light of increased global trade liberalization in developing countries and free market principles, cheap labor is what allows these nations to have a competitive edge in the global economy. With that said, a category of people that work longer hours for meager wages, absent unionization or labor protections, is an efficient means of production and justified by the economy of scales. Child laborers, exploited by employers competing in the global economy, are simply a product of laissez-fair economics, participating and contributing …
The Loss Of Egypt’S Children, Cindy Ragab
The Loss Of Egypt’S Children, Cindy Ragab
Human Rights & Human Welfare
Under the fierce rays of the desert sun, in the heat of the summer, young children are forced to remove pests from cotton crops for eleven hours per day, search for recyclable goods among animals and the pungent stench of city dumps, and are sold to elderly male tourists through temporary marriages by their parents. This is the hideous reality for millions of child laborers in Egypt. Child labor is a manifestation of the pains of extreme poverty on the world’s most vulnerable population. Childhood is lost. Children are forced to take on responsibilities that in normal circumstances push adults …
Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz
Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz
Law Faculty Publications
No abstract provided.
The Abuse Of Child Domestic Workers: Petites Bonnes In Morocco, Joanna Miller
The Abuse Of Child Domestic Workers: Petites Bonnes In Morocco, Joanna Miller
Human Rights & Human Welfare
The International Labor Organization (ILO) classifies child domestic labor as a “worst form of child labor” for a very good reason. Driven by dire poverty and lack of access to education, children are sent away from their homes, often moving to large and unfamiliar cities to work for wealthier families. Morocco has one of the worst child domestic labor problems in Northern Africa with an ILO estimated 66,000-88,000 children between the ages of 7 and 15, 70% of whom are under age 12, working in Morocco today (Rinehart 2007). Many of these child laborers are young girls working as maids, …
Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson
Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson
Human Rights & Human Welfare
Throughout much of the developing world, children make up an alarming portion of the workforce. These children are robbed of their childhood in order to provide economic supplementation to their families. According to the International Labor Organization (ILO), 5.7 million children in Latin America participate in the regional workforce (2006). It is a common misconception that children, who do not participate in the formal workforce, are not child laborers. However, the ILO defines child labor as any work that is detrimental to a child’s well-being or interferes with a child’s education. Due to the many categories and classifications of child …
Table 3. Causes Of Negative V. Causes Of Positive Impacts Of Tncs, Irina Feofanova
Table 3. Causes Of Negative V. Causes Of Positive Impacts Of Tncs, Irina Feofanova
Irina Feofanova
Appendices to COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova
Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova
Irina Feofanova
APPENDICES for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Table 1 Causes And Effects Of Child Labor In Agriculture, Irina Feofanova
Table 1 Causes And Effects Of Child Labor In Agriculture, Irina Feofanova
Irina Feofanova
Appendices for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS
Table 4. Ethical Practices Of Tncs: Failures Or Success, Irina Feofanova
Table 4. Ethical Practices Of Tncs: Failures Or Success, Irina Feofanova
Irina Feofanova
Appendices to COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova
Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova
Irina Feofanova
According to International Labour Organization (ILO) statistics, more than 70 percent of all child laborers work in agriculture. From tending cattle, harvesting crops, to handling machinery or holding flags to guide planes spraying pesticides, more than 132 million girls and boys, aged 5 to 14, help produce much of the food and drink people consume, as well as fibers and primary agricultural materials. ILO also notes that, of course, the numbers vary from country to country but it is estimated that at least 90 percent of economically active children in rural areas in developing countries are working in agriculture. However, …
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Human Rights & Human Welfare
This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.
Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett
Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett
Human Rights & Human Welfare
The cocoa industry has profited from the utilization of forced labor in West Africa since the late 1800s. Despite the Portuguese decree in 1876 abolishing slavery, and the release of cocoa plantation slaves, slave labor was quickly reemployed, aided by the exploitation of legal loopholes and government officials willing to turn a blind eye. In 1905, after hearing reports of unfavorable labor conditions, William Cadbury dispatched a member of the Anti-Slavery Society to investigate the cocoa plantations. Upon receiving confirmation of human rights violations, Cadbury boycotted Portuguese cocoa and persuaded two other chocolate firms to do the same. Cadbury’s actions …
Forced Child Labor In El Salvador: Contemporary Economic Servitude, Michelle Doherty
Forced Child Labor In El Salvador: Contemporary Economic Servitude, Michelle Doherty
Human Rights & Human Welfare
In 2005, over half of the rural population in El Salvador was living on less than U.S. $2 dollars per day (Programa de las Naciones Unidas para el Desarrollo 2003: 42). The harsh reality of economic subsistence obligates children in El Salvador to contribute to their family’s survival. Employers providing this frail economic lifeline inevitably acquire control over the children. This economic control is a prominent aspect of contemporary slavery and is manifested through violence or exploitation. The enslavement of children in El Salvador not only steals their youth and opportunity to receive an education, but it also places innocent …
The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek
The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek
University of Michigan Journal of Law Reform
Although the U.N. Convention on the Rights of the Child has produced positive results in many countries, the United States remains one of the few nations that has not signed on to this treaty. This Essay will begin by describing the content of the treaty. This Essay will discuss the achievements, challenges, and solutions resulting from the treaty in the areas of child poverty, violence against children, and child labour. Given the positive results produced in other countries, this Essay will conclude with an invitation to the United States to join the Convention on the Rights of the Child.