Federal Labor Law And The Mashantucket Pequot: Union Organizing At Foxwoods Casino,
2013
University of Oklahoma College of Law
Federal Labor Law And The Mashantucket Pequot: Union Organizing At Foxwoods Casino, Derek Ghan
American Indian Law Review
No abstract provided.
"So Closely Intertwined": Labor Interests And Racial Solidarity,
2013
Seattle University School of Law
"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong
Faculty Articles
Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …
Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism,
2013
Seattle University School of Law
Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud
Faculty Articles
The construct of free wage-labor, envisaged as consensual sale of labor-power by an autonomous and unencumbered individual in a market of juridical equals governed strictly by economic laws of supply and demand, is the bedrock of the purportedly universal category of labor under capitalism. However, this conceptual ensemble is an instance, yet again, of a particular masquerading as the universal – Europe’s autobiography passing for world history. It also underscores the divergence between mythologies and historical operations of capitalism. This article takes up the deployment of indentured labor from colonial India in plantation colonies across the globe for over a …
A Changing Federal-State Balance In Unemployment Insurance?,
2013
W.E. Upjohn Institute for Employment Research
A Changing Federal-State Balance In Unemployment Insurance?, Christopher J. O'Leary
Employment Research Newsletter
No abstract provided.
The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace,
2013
United States Court of Appeals for the Eighth Circuit
The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano
Cardozo Journal of Equal Rights & Social Justice
The article examines the phenomenon of appearance-based discrimination, or "lookism," in the workplace, arguing that while physically attractive individuals often receive preferential treatment, the legal system is ill-equipped to address this form of discrimination effectively. It highlights the "what is beautiful is good" stereotype, which perpetuates advantages for attractive individuals in employment, but concludes that legal intervention is not a viable solution due to the subjective and multifaceted nature of attractiveness.
Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States,
2013
Benjamin N. Cardozo School of Law
Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow
Cardozo Journal of Equal Rights & Social Justice
The global fashion industry's use of extremely thin models contributes to eating disorders by promoting unattainable beauty standards. In response, some countries have implemented laws restricting underweight models, such as Israel's 2012 law requiring a BMI of 18.5 or higher and mandating warnings for altered images. However, similar measures in the U.S. face legal challenges under the ADA, which prohibits employment discrimination based on disabilities, including eating disorders. The ADA's strict standards for defining disabilities and requiring individualized assessments make BMI-based bans difficult to enforce. While some U.S. states have taken steps like banning airbrushing or protecting underage models, broader …
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward,
2013
William & Mary Law School
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Faculty Publications
The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …
Decoding Civility,
2013
Florida International University College of Law
Decoding Civility, Kerri Lynn Stone
Faculty Publications
If women outnumber men in graduate schools and are entering professional and other workplaces in unprecedented numbers, and if Title VII has aimed to eradicate workplace discrimination for almost fifty years, why are women still so woefully underrepresented at the highest levels of power, leadership, wealth, and prestige in the contemporary workplace? This Article is about abusive speech in the workplace. It explores how the expression of bias in the workplace has evolved and been shaped by anti-discrimination legislation and jurisprudence. It identifies a category of biased speech that eludes prosecution under Title VII. Moreover, this Article seeks to provide …
Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying,
2013
Florida International University College of Law
Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone
Faculty Publications
No abstract provided.
Teaching The Post-Sex Generation,
2013
Florida International University College of Law
Teaching The Post-Sex Generation, Kerri Lynn Stone
Faculty Publications
There is a trend that I have observed in the course of leading my classes in discussions about the kinds of behavior that may constitute unlawful discrimination: the emergence of an attitude among students that society is simply “post-sex,” or no longer in need of most or all anti-sex discrimination jurisprudence. This Article details my own approach to teaching and to raising and conducting discussions about how anti-discrimination legislation and jurisprudence works in theory, in practice, and how it would/could work in an ideal world. I enjoy teaching students with a diversity of viewpoints. However, when I began to encounter …
Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association,
2013
Notre Dame Law School
Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association, Barbara J. Fick
Journal Articles
The United States Constitution does not directly address the collective representation of workers. The First Amendment right to freedom of association has, however, been interpreted to protect the right of individuals to form and join trade unions. This Article discusses the evolution of legal regimes concerning collective autonomy and freedom of association within the United States.
Conflicting Obligations: American Political Culture And The Law Of The Workplace,
2013
UC Hastings College of the Law
Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Incorporating Rights: Empire, Global Enterprise, And Global Justice,
2013
Boston University School of Law
Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George
Faculty Scholarship
This Article traces the history and evolution of corporate responsibility under international law to contextualize the developing discourse on business and human rights. It explores the role of private industry in contributing to colonial expansion, slavery, and conflict, and examines the advocacy efforts of abolitionists, anti-imperialism activists, and peace movements to craft reforms and create norms to control corporate conduct. First, the Article outlines the challenge that regulating private commercial power presents for a system of public international law premised on the sovereign power of states. Then, using the example of colonial era European charter companies the Article offers a …
Employment Law And Social Equality,
2013
University of Michigan Law School
Employment Law And Social Equality, Samuel R. Bagenstos
Michigan Law Review
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …
The Manpower Aspect In The Field Of Sports,
2012
Faculty of Law Universitas Indonesia
The Manpower Aspect In The Field Of Sports, Melania Kiswandari
Indonesia Law Review
As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being …
Applying Equitable Estoppel To Erisa Pension Benefit Claims,
2012
William & Mary Law School
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
William & Mary Law Review
No abstract provided.
Laboring Forward: The Future Of Labor Unions,
2012
Johnson & Wales University - Providence
Laboring Forward: The Future Of Labor Unions, Lisa Koenig
MBA Student Scholarship
Labor unions have played an important part in shaping the workforce as we know it since the passing of the National Labor Relations Act (NLRA) in 1935. However, whether they are still perceived as essential in today’s economy is still questioned as union favorability ratings have declined from 35% to 7% over a thirty year span. A survey questionnaire was distributed to a non-random sample (N = 50) to ascertain their attitudes and perceptions on labor unions. Sixty-seven percent of respondents believe that unions should be in every state with 60% of those in a non- Right to Work state …
Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes,
2012
Chicago-Kent College of Law
Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes, Ernest Caldwell
Chicago-Kent Law Review
Western academics who criticize Chinese constitutionalism often focus on the inability of the Supreme People's Court to effectively enforce the rights of Chinese citizens enshrined within the Constitution of the People's Republic of China. Such criticism, I argue, is the result of analytical methods too invested in Anglo-American constitutional discourse. These approaches tend to focus only on those Chinese political issues that impede the institution of western-style judicial review mechanisms, and often construe a 'right' as merely having vertical effect (i.e., as individual rights held against the State). Drawing on recent scholarship that studies Chinese constitutionalism using its own categories …
Beyond The Courts, Beyond The State: Reflections On Caldwell's "Horizontal Rights And Chinese Constitutionalism",
2012
Chicago-Kent College of Law
Beyond The Courts, Beyond The State: Reflections On Caldwell's "Horizontal Rights And Chinese Constitutionalism", Victor V. Ramraj
Chicago-Kent Law Review
This article provides a critical response to Ernest Caldwell's article, Horizontal Rights and Chinese Constitutionalism: Judicialization through Labor Disputes. According to Caldwell, those looking for an emerging constitutional culture in China should be looking not in the higher courts (as the American paradigm of constitutional law suggests), but in the lower courts that settle day-to-day disputes. Moreover, the constitutional discourse in those lower courts is not about limiting state power, but about the need for "horizontal" protections of citizens—specifically laborers—from their powerful employers in furtherance of constitutional values. This article offers three responses to Caldwell's thesis. First, while acknowledging and …
'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work,
2012
Osgoode Hall Law School of York University
'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia
Articles & Book Chapters
This introduction speaks to one of the questions raised by transnational private regulation: is migration always transnational? One quick answer to this question might be ‘no’. If migration is concerned with the international movement of people, then what has been called the approach of methodological nationalism would force out the ‘trans-‐’ and always substitute the international. Since methodological nationalism is an approach characterized by an overdue emphasis on states and their external borders as the sole arbiters for what registers as movement, then this answer would not surprise anyone. However, if we do not take a monopolistic approach to borders, …
