Law Commons^™

Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander

Dalhousie Law Journal

This article addresses the collapse of Atlantic groundfish stocks in terms of its significant social and economic impact. How had so many people become dependent on this modest resource? What circumstances contributed to creating a hidden underemployed class in the fishing industry? The analysis adds to the thesis that public support of unproductive industry and income support systems underlie the current crisis, creating barriers to a viable future for the Atlantic Fishery. The authors draw on comparisons with the economy of the former Soviet Union where central planning of an economy based on state owned common property failed to harness …

Lost Moorings: Offshore Fishing Families Coping With The Fisheries Crisis, Marian Binkley

Dalhousie Law Journal

The fisheries crisis has severely affected the families of offshore fishermen. In Nova Scotia, offshore fishermen normally spent ten to fourteen days continuously at sea and as little as forty-eight hours on shore between voyages. The fishermen and their families adopted strategies to cope with that work schedule. This paper focuses on how these previously beneficial adaptations conflict with the new situation these families now face when many men have been laid off or had their work reduced.

Combining Class Action Litigation And Social Science Research: A Case Study In Helping Homeless Women With Children, Lynee Soine, Mary Ann Burg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham

Fordham Urban Law Journal

This essay examines the manner in which the current unemployment insurance system maintains poverty and increases dependence on public assistance programs. It examines the plight of the working poor, the inadequacy of unemployment compensation, and the failure of welfare to compensate for the weaknesses of the unemployment system. It then proposes reforms to the unemployment compensation system, and a new system for employable individuals without ties to the workforce, explaining why this proposal makes sense in light of the current unemployment situation.

The Swedish Model Betrayed, Timothy A. Canova

Timothy A. Canova

This article provides a history of Sweden's financial liberalization, with special attention on the deregulation of interest rates and the ceiling on housing loans from banks and finance institutions. Throughout the 1980's, Sweden's Prime Minister Olof Palme stood out on the international stage as one of the leading opponents of the financial deregulation, monetarism, and fiscal austerity. The article recounts his efforts to resist and then compromise with this neoliberal agenda. After Palme's sudden assassination, in February 1986, the new government accepted a Riksbank proposal for elimination of Sweden's long-standing system of foreign exchange controls - the transnational policy analog …

Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson

Duke Journal of Gender Law & Policy

By 1989, twenty states had implemented programs to raise the wages of workers in female-dominated job classes in their state civil services. A study of these pay equity programs, conducted by the Institute for Women's Policy Research and the Urban Institute, found that all twenty states were successful in closing the female/male wage gap without substantial negative side effects such as increased unemployment. The extent to which the states succeeded depended on many factors including how much money was spent, the proportion of women affected, and the standard to which female wages were raised. As women's responsibilities for their families' …

Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson

St. Mary's Law Journal

A Maquila is usually a one-hundred percent foreign-owned assembly or manufacturing operation located in Mexico. They manufacture, process or assemble an array of products under Mexican law. Both the United States and Mexico receive a great deal of economic benefits from employing the maquiladora system, but it can also have some political and social consequences that make the system economically volatile. The viewpoints of both the U.S. and Mexican governments are considered, as well as the U.S. and Mexican industry, in evaluating the system’s overall effect on U.S.-Mexico relations. The general conclusion is that maquiladoras are extremely desirable for labor …

Poverty Amid Renewed Affluence: The Poor Of New England At Mid-Decade, Andrew M. Sum, Paul E. Harrington, William B. Goedicke, Robert Vinson

New England Journal of Public Policy

This article examines the problem of poverty in New England during the current period of economic prosperity. Major trends in the size and composition of the poor population within the region are analyzed. Striking changes in the relative incidence of poverty have occurred among families in New England. As the economy has moved toward full employment, poverty rates among husband-wife families in the region have fallen sharply. In contrast, female-headed families in New England have not benefited substantially from recent rapid increases in employment opportunities. The result has been a persistent trend toward the feminization of poverty in New England. …

Fertility Or Unemployment - Should You Have To Choose, Yvonne Sor

Journal of Law and Health

This article will address the legal issues involved in establishing an equitable balance between women's rights to equal employment opportunities and the right of future generations to be free from disease caused by parental exposures to hazardous chemical work environments. In the author's opinion the present regulatory framework provided by the Occupational Safety and Health Act of 1970 (OSHAct), the Toxic Substances Control Act (TSCA), and Title VII of the Civil Rights Act of 1964 is inadequate to provide the requisite degree of protection to employees and, particularly, to their offspring. Part II of the article will examine some of …

Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review

Michigan Law Review

This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.

Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …

Assisting Dislocated Workers: Dimensions, Needs And Tax Policy Options, Lewis D. Solomon, Janet S. Solomon, Brian M. Malsberger

Akron Tax Journal

The involvement of the federal government in retraining of dislocated workers raises the specter of rigidity, bureaucracy, paternalism, and cost. After examining the dimensions of the dislocated worker problem and the need for governmental involvement, this article examines the use of tax policy to enable workers to bridge the gap between old and new jobs and to thrive in an economy in transition. The policy making challenge can be succinctly stated: is it possible to use the federal income tax system to the advantage of society by creating tax incentives for a retraining program based on individual choice and limited …

Technology, Unemployment And Genocide, Richard L. Rubenstein

Nova Law Review

The impact of technology on the processes of production affects

every aspect of American life, and most especially the long-range employment

prospects of the American worker.

Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara

Northwestern Journal of International Law & Business

Free trade has long raised the specter of job loss to a wide range of American workers, particularly in periods of recession. Today, with the weakening of free-trade supporters, and the corresponding protectionist pressure mounting, Congress may be taking its eye of the long term benefits of free trade and focusing instead on the short-term, politically attractive benefits of protectionism. This Comment argues, however, that protectionism will in fact add many new faces to America's unemployment lines, and prolong the world recession - for protectionism invites retaliation, and no nation is so insulated from the world economy that it can …

Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone

University of Michigan Journal of Law Reform

This article advocates the adoption of national legislation requiring advance notice for plants closed or relocated for ostensibly economic reasons. Part I discusses the magnitude of the plant closing problem, focusing upon the costs associated with such closings, the types of assistance available for terminated workers, and the inadequacies of current relief efforts. Parts II and III examine the arguments for and against requiring advance notice of plant closings, and conclude that such a requirement represents sound public policy. Part IV proposes a complete model advance notice statute. The model statute establishes minimum requirements for a viable advance notice system, …

Newsletter - 1976-09-02, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Cost Of Equality: Civil Rights During Periods Of Economic Stress, Harry T. Edwards

Law Quadrangle (formerly Law Quad Notes)

Many minority workers, only recently hired under affirmative action programs, have been laid off during the present recession under "last hired, first fired " seniority systems. Thus it has been claimed that the gains in equal opportunity employment that have been made over the last ten years are in danger of being lost through layoffs in the recession of the '70's.

Newsletter - 1972-10-19, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Adjustment Assistance For Employees: The Present Status Of Federal Legislation, Sidney I. Picker Jr.

Case Western Reserve Law Review

No abstract provided.

Newsletter - 1971-03-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Unemployment Compensation For Employees On Required Vacation Without Pay, Michigan Law Review

Michigan Law Review

The Social Security Act of 1935 created a federal-state system of unemployment compensation which permits the states to establish their mvn standards of qualification for unemployment benefits. All states have enacted statutes pursuant to this system and have established three basic conditions which a claimant must meet before he is entitled to benefits. First, he must be unemployed. Second, he must remain able to work and available for work. Third, he must be free from disqualification for such acts as voluntarily leaving work without good cause attributable to the employer or employing unit, discharge for conduct connected with the work, …

Case Notes

Fordham Law Review

No abstract provided.

Unemployment Compensation - Recovery Of Benefits Paid - Waters V. State, Wilbert H. Sirota

Maryland Law Review

No abstract provided.

Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, husband and wife, were domiciled in New York. Because of temporary unemployment, plaintiff took his wife and minor child to Connecticut. He later returned to New York and resided in the apartment the family had formerly occupied. The wife and child did not return to New York, and the court found that she had at all times intended to remain in Connecticut and establish a domicile there. Plaintiff at all times intended to make New York his permanent residence. When defendant would not return to New York, plaintiff brought action for separation in a New York court, …

Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner

Michigan Law Review

For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …

The Uncompensated Industrial Injury, Stanley Law Sabel

Michigan Law Review

Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.

"What Constitution Are You Talking About?", William L. Ransom

Indiana Law Journal

Remarks of William L. Ransom, president of the American Bar Association, at the annual luncheon of the Indiana Bar Association, on September 7, 1935.

What Constitution Are We Talking About?, Hugh S. Johnson

Indiana Law Journal

Address by Gen. Hugh S. Johnson, former head of the NRA, delivered before the Indiana State Bar Association, September 6, 1935.