Law Commons^™

Dignity And The Right To Strike, Sergio Gamonal C

Comparative Labor Law & Policy Journal

“Dignity” expresses the idea that a human being should never be treated as a means but always as an end. “Dignity” also encompasses a communitarian and relational approach, such as belonging, collective action and “dignity in action”. When we recognize and seek to remedy indignities, we also confer a certain dignity on ourselves. How can these notions be linked to the right to strike? I shall argue that the right to strike underpins the dignity of workers and that this connection is implicit in Advisory Opinion OC-27/21 of the Inter-American Court of Human Rights. In national and international courts, such …

Balancing The Right To Strike And Other Public Interests: The Importance Of The Status Of The Right To Strike, Petra Herzfeld Olsson, Shae Mccrystal

Comparative Labor Law & Policy Journal

The regulation of strike action involves the balancing of competing public interests – the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO’s supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to …

Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker

Comparative Labor Law & Policy Journal

North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article’s …

Strike Law And Workers’ Power Resources In Global Supply Chains And Platform Giants, Judy Fudge, Hila Shamir

Comparative Labor Law & Policy Journal

The right to strike is a key feature of freedom of association and effective collective bargaining. We consider how the legal regulation of strikes and boycotts affects the power resources available to workers and unions to improve working conditions and workers’ voice in firms, such as global supply chains and platform giants, that utilize network-of-contracts business models. We begin by bringing the literatures on power resources theory and supply chain and platform capitalism into conversation. Treating law as a form of institutional power influencing workers’ ability to exercise other power resources in network-of-contracts business models, we then examine how the …

Turning Up The Heat: The Right To Strike And The Climate Crisis, Jeffrey Vogt, Ruwan Subasinghe

Comparative Labor Law & Policy Journal

The negative impacts of climate change on the world of work around the world are serious and certain to worsen. Further, the actions needed to mitigate and adapt to these impacts will be deeply disruptive. In 2015, the tripartite constituents of the International Labour Organisation (ILO) unanimously endorsed the ILO Guidelines for a just transition towards environmentally sustainable economies and societies (reaffirmed in 2023), which includes among its guiding principles the right to freedom of association and, by extension, the right to strike — an intrinsic corollary. This article explores potential bases for a right to strike in the context …

The Last Human Job: The Work Of Connecting In A Disconnected World By Allison J. Pugh, Princeton University Press, 2024, Karen Levy

Comparative Labor Law & Policy Journal

“I FEEL SO SEEN!” has become a Gen-Z catchphrase for the sense of personal validation when something you experience resonates with your own way of being in the world — say, when you learn that a lyric you’ve always misheard is also misunderstood by someone else, or that a guilty pleasure in which you indulge isn’t unique to you. These days, the phrase is often thrown around light-heartedly online in response to memes or TikTok videos. But the experience of really “being seen” is far from trivial; it’s a form of recognition essential to human functioning and community. Seeing another …

The Proactive Approach Of Artificial Intelligence In Monitoring And Analyzing Illegal Money Laundering Operations In The Virtual World, Ammar Yasser El-Bably

Journal of Police and Legal Sciences

The research dealt with the proactive method of artificial intelligence in monitoring and analyzing non-suspicious operations of money laundering in the virtual world, especially the Internet and dark web, where it dealt with the risks created for those networks and their exploitation for the benefit of terrorist and criminal organizations, money laundering, the purchase of weapons and drugs, human trafficking and financial fraud, where Internet users around the world reached 5 billion users, and the volume of money laundering crimes became 2.8 Trillion dollars, according to United Nations and International Monetary Fund statistics 2023 AI applications where algorithms, machine learning, …

Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver

Student Publications

The San Pedro MainStreet Strategic Development Plan is a place-based, community-driven roadmap for revitalizing the San Pedro Drive corridor in Albuquerque, New Mexico. The corridor sits at the intersection of historical significance and present-day opportunity—bridging the old and new alignments of Route 66 while serving a diverse, working-class population. Drawing from urban planning theory, spatial analysis, and community input, this plan identifies challenges and assets related to land use, infrastructure, business development, housing, and cultural identity. Special attention is given to past and ongoing patterns of racialized disinvestment and displacement, with strategies proposed to ensure equitable reinvestment and climate resilience. …

Legislative And Security Confrontation Of Crimes Artificial Intelligence In The State Of Kuwait (An Analytical Study), Rashid Mohammed Al Marri

Journal of Police and Legal Sciences

The study aimed to demonstrate the mechanisms of legislative and security confrontation of artificial intelligence crimes. The use of technologies associated with artificial intelligence may go beyond the imposed limits, whether by exploiting it through its program developers & specialists to commit crimes in the cyber field, or it may be with the growing capabilities of artificial intelligence to make decisions in the field. Many behaviors occur automatically. Our research also aims to study the criminal responsibility for these crimes, & determine it in order to hold the real perpetrator accountable in accordance with the legal rules in force to …

The Role Of The Saudi Family As One Of The Social Control Institutions In Reducing Crime From The Point Of View Of Workers In Police Departments In The Capital, Riyadh, Jafar Mohammed Shaflout

Journal of Police and Legal Sciences

The study aimed to identify the role of the Saudi family in reducing crime from the point of view of workers in police departments in the capital, Riyadh. The descriptive analytical approach was used for its suitability to the purposes of the study. The research sample consisted of (352) individuals working in community police, who were selected by simple random method with percent of (0.00071) from the study community, which consists of (500) thousand individuals working in Saudi Public Security. The research relied on the questionnaire as a tool for collecting data, the validity and reliability of which were verified. …

Bihar Sir Threatens The Credibility Of Elections, Swati Narayan

Popular Media

Any arbitrary disenfranchisement of voters in the upcoming Bihar Assembly Elections will cast a shadow over the sanctity of elections in India.

International Protection Of Cultural Heritage In Times Of War And Peace, Khaled Abdulsalam

Al Jinan الجنان

cultural heritage is the link between people’s present and their past; therefore, most countries are keen to preserve this link. However,the perception of cultural heritage varies according to the peoples’ awareness of the importance of their heritage on the one hand, and the extent to which countries provide care and protection factors for their cultural heritage on the other. Movable and immovable cultural heritage in time of war benefits from the protection prescribed for civilian objects; hence, it must not be struck or attacked by warring states, in accordance with international humanitarian law applicable in times of armed conflict. During …

Immigration Justice Clinic Students Secure Major Court Victory In Ice Transparency Case, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo Law News Archive

Students in the Kathryn O. Greenberg Immigration Justice Clinic secured a major legal victory in federal court, advancing transparency around the treatment of Black immigrants in detention. In a Freedom of Information Act (FOIA) case filed in the Eastern District of New York, the court granted the clinic’s motion for partial summary judgment, compelling ICE to release key demographic data linked to records of abuse and misconduct. The successful motion was drafted by recent graduates Rob Cook ’25, Keisy Germosen ’25, and Stacy Moses ’25, under the supervision of Teaching Fellow Ellie Norton, marking an important step in government accountability.

Bellsouth Telecomms., Llc, V. Assoc. Elec. & Gas Ins. Svcs., Order On Commerce Cause Motions, Kathy Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Season 2 Episode 3: The Sleeping Dragon, Sara Gras

Season 02

Season 2 is back after a short hiatus, and taking you back to a time when Congress banned sports betting. What drove this legislation and how was it overturned?

Features excerpts of interviews with:

Bob Boland, Assistant Professor of Law
Seton Hall Law School

Dennis Drazin, Partner
Drazin & Warshaw, PC

Edward Hartnett, Richard J. Hughes Professor of Law
Seton Hall Law School

Ronald Riccio, Dean Emeritus
Seton Hall Law School
Of Counsel at McElroy Deutsch

Legal Materials Referenced:

• Professional and Amateur Sports Protection Act
• New York v. United States, 505 U.S. 144 (1992)
• Printz …

Effects Of Fair Workweek Laws On Labor Market Outcomes, Joseph Pickens, Aaron Sojourner

Upjohn Institute Working Papers

This paper models fair workweek regulations that require employers to provide employees with (1) schedule predictability via advance notice of their work schedule and premium payments for short-notice changes, and (2) access to hours meaning they must offer open hours to existing employees before hiring new workers. We develop a theoretical model of employers’ responses to these provisions and their implications for employment. Guided by the model, we estimate the effects of recently-adopted fair workweek regulation in New York City’s fast-food sector using a synthetic difference-in-differences design. We find a null employment effect.

Short-Run Fiscal Effects Of Expanding Michigan's Preschool Program To Be Universal, Timothy J. Bartik

Upjohn Institute Policy Papers

This policy paper provides some updated estimates of the short-run fiscal effects of expanding Michigan’s state-funded preschool program, the Great Start Readiness Program (GSRP), to encompass universal access for Michigan’s four-year-olds. This is an update to Policy Paper No. 2025-034, which analyzed the economic and fiscal effects of Michigan’s current GSRP program as compared to the state having no program. The update takes advantage of a high-quality recent study of the economic effects of universal preschool programs in nine states, authored by Jackson, Turner, and Bastian (2025). Using the estimated economic effects of universal preschool from this recent study, …

Law School News: Rwu Law Launches "Law 401" Podcast With Timely Dive Into Washington Bridge Debacle 07-07-2025, Kerri Tallman

Life of the Law School (1993- )

No abstract provided.

From The Silver Screen To The Phone Screen: The Coogan Act’S Struggle To Keep Pace With The Evolution Of Social Media, Anzario Bernard Serrant

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Role Of Law In The Making—And Unmaking—Of Housing Policy, Addie Slanger

Montana Law Review

No abstract provided.

Every Step You Take: Securing Employees' Location Data Privacy, Elizabeth A. Brown, Matthew M. Cummings

Minnesota Journal of Law, Science & Technology

No abstract provided.

Surpassing Bostock: Sec Filing Deficits Mask Prevalence Of Lgbtq+ Workplace Discrimination In Big Tech, Clovia Hamilton, Eric Sader, Benjamin Ale-Ebrahim

Minnesota Journal of Law, Science & Technology

No abstract provided.

Lower Your Expectation Damages: Bipa Reforms Amplify Need For Federal Standards In Biometric Data Privacy, Jessica Schmitz

Minnesota Journal of Law, Science & Technology

No abstract provided.

Why The Ai Act Fails To Understand Generative Ai, Claire Boine, David Rolnick

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Green Energy Landfill: Regulatory Approaches To The Disposal Of Decommissioned Wind Turbine Blades, Samuel Taylor

Minnesota Journal of Law, Science & Technology

No abstract provided.

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins

Amicus Briefs & Court Filings

INTRODUCTION: The Executive Order at issue in these appeals targets a small and uniquely vulnerable minority of transgender women—those currently housed in federal women’s prisons—by commanding the Federal Bureau of Prisons (BOP) to transfer them immediately to men’s facilities. Amici file in support of Plaintiffs-Appellees (hereinafter “Plaintiffs”), to address two procedural arguments made by Defendants-Appellants (“the government”). First, Congress has not eliminated federal court jurisdiction to decide Plaintiffs’ challenge to the transfer provisions of the Executive Order. Second, the government overreads the Prison Litigation Reform Act (PLRA); Plaintiffs’ lawsuit is not improper or premature under that statute’s exhaustion requirement because …

Self-Determination In The Implementation Of Treaty Reserved Rights, Kekek Jason Stark

Faculty Law Review Articles

After fifty years of implementing tribal treaty reserved rights, this article will examine how tribal courts are determining cases involving treaty reserved rights and resources and to the extent tribal courts are recognizing and utilizing tribal customary law. This analysis will include a summary of tribal treaty harvest management systems and the how in the recognition of treaty reserved rights, federal courts have often limited tribes in their ability to fully implement and utilize tribal customary law. In response, I argue that as tribes enter the next fifty years of treaty rights implementation that the presumption of primary management should …

The Logic Of The Revenge Tax, Wei Cui

All Faculty Publications

Wei Cui is a professor in the Peter A. Allard School of Law at the University of British Columbia. In this article, Cui argues that the One Big Beautiful Bill Act’s formerly proposed section 899, targeting “unfair” foreign taxes, was more sensible than many observers initially perceived, and that, if seen as a restrained deployment of U.S. market power, it represented a defensible and ultimately acceptable approach for addressing the undertaxed profits rule and digital services taxes.

Is Nil Woke?, Tan T. Boston

Loyola of Los Angeles Law Review

NCAA football and men’s basketball cumulatively receive almost one hundred percent of intercollegiate name, image, and likeness (NIL) compensation. NIL exceptionalism, however, is not the only distinguishing factor for these two sports. They are also distinctively racially and economically diverse in comparison to the dozens of other NCAA sports. Thus, demographically, NIL produces outcomes that align with so-called ‘woke’ policies. Although almost all states support NIL, an increasing number actively oppose woke policies. In fact, anti-woke backlash served as the impetus for recent anti-woke legislation (AWL) that, for example, bars funding for diversity, equity, and inclusion initiatives in higher education. …

Cheating With The Fifth Amendment: Weaponizing The Fifth Amendment Privilege To Undermine Equitable Dissolution Of Marriages, Elizabeth I. Boals

Loyola of Los Angeles Law Review

Despite widespread adoption of no-fault divorce, many U.S. states still consider adultery in the allocation of alimony and property. In sixteen of those states, adultery remains a criminal offense—enabling spouses accused of infidelity to invoke the Fifth Amendment privilege against self-incrimination during divorce proceedings. This Article explores how such invocations obstruct discovery, delay litigation, and create strategic advantages for wealthier or culpable spouses, especially in fault-based or hybrid divorce regimes. After surveying the historical development of divorce law and the expansion of Fifth Amendment protections into civil contexts, the Article critiques current remedies—adverse inferences, implied waivers, and immunity—as ineffective or …