The Minimum Wage: Two Generations Of Neglect Add Up, 2010 The University of Maine
The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Although a three-step raise in the Federal minimum wage that ended in July, 2009 is projected to generate a total of $10.4 billion in increased consumer spending,2 a survey of the wage situation in the U.S. today suggests that recent raises to the minimum wage are inadequate. Both Maine and the nation have been plagued by serious wage stagnation for many years. The overextended credit that helped fuel the recent economic crisis was exacerbated by what has been called a “collapse of hourly wage growth” by the Economic Policy Institute. In the longer term, the inflation-adjusted value of the minimum …
Update On Labor's Demographics, 2010 The University of Maine
Update On Labor's Demographics, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
As in years past, unionization levels have continued to vary widely according to demographic and occupational characteristics of the U.S. workforce, as well as geographic region. The unionization level of the total employed U.S. wage and salary workforce is one measure. However, in order to obtain a more balanced perspective, it is also important to consider the specific levels of union membership in both public and private sector areas of employment, which play a significant role in the U.S. economy. Using data compiled and supplied by the U.S. Department of Labor, this briefing paper provides a statistical summary of unionization …
Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, 2010 Mitchell Hamline School of Law
Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, Kristin Berger Parker, Ellen G. Sampson
Journal of Law and Practice
No abstract provided.
Forced Labor, Revisited: The Thirteenth Amendment And Abortion, 2010 Northwestern University School of Law
Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman
Faculty Working Papers
Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.
Gross Disunity, 2010 University of Denver
Gross Disunity, Martin J. Katz
Sturm College of Law: Faculty Scholarship
This Article will proceed as follows: Part I will explain Gross in terms of causation and unification. Part II will argue that Gross rejected the doctrine of uniformity, a well-established and useful canon of statutory construction, without explanation. Part III will show how the courts‟ post-1991 rejection of uniformity, culminating in Gross, might be seen as a form of judicial recalcitrance. However, that Part will suggest that the Court's rejection of uniformity in Gross is better understood as a rejection of burden-shifting in disparate treatment doctrine. Finally, Part IV will argue that burden-shifting is normatively desirable in disparate treatment doctrine, …
Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, 2010 Western New England University School of Law
Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis
Faculty Scholarship
Discrimination against women seeking or serving in leadership positions in sport is worthy of analysis, not only for the sake of individual women who desire to self-actualize as a head coach or athletic administrator, but because the unique role of sport in society gives underrepresentation of women in leadership positions additional significance. Due to its high visibility and widespread appeal—its veritable iconic status—sport is a salient site of cultural production. That is, sport operates on a symbolic level, reflecting and transmitting shared cultural values. Among these values, sport helps define the attributes associated with leadership, and thus, derivatively, power. By …
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., 2010 American University Washington College of Law
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Reports
Every year, hundreds of Mexican women travel thousands of miles from their impoverished, rural home communities to work on the Eastern Shore of Maryland in the state’s historic crab industry. Maryland crab companies have increasingly come to rely on these women, who enter the U.S. on temporary guestworker visas known as H-2B visas. This report describes these women’s experiences as H-2B migrant workers, and is the result of over 40 formal interviews conducted in both the U.S. and Mexico since 2008. By obtaining first-hand accounts from the workers, the report documents the forces and conditions that give rise to this …
Understanding And Regulating The Sport Of Mixed Martial Arts, 2010 University of Connecticut School of Law
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan Maher
Faculty Articles and Papers
The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts (“MMA”). MMA is an interdisciplinary combat sport whose participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) within one match. In this Article, I examine and analyze the sport’s evolution, articulate a theory of sporting legitimacy, supply a conceptual taxonomy of regulation, and highlight potential reform. More specifically, my foundational treatment proceeds as follows. I first explain the modern history and development of MMA, tracing it from its shaggy, brutish …
Save The Children: The Legal Abandonment Of American Youth In The Workplace, 2010 Valparaiso University School of Law
Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz
Law Faculty Publications
No abstract provided.
Dickens Redux: How American Child Labor Law Became A Con Game, 2010 Valparaiso University School of Law
Dickens Redux: How American Child Labor Law Became A Con Game, Seymour Moskowitz
Law Faculty Publications
Millions of American teens are employed today in a variety of workplaces. The jobs they hold typically provide little human capital for their future economic self·sufficiency, and pose substantial immediate and long-term safety, academic, and behavioral risks for this generation. This Article seeks to answer the question of how American law and society reached this situation, which has such disastrous effects for working youth, their families, and society as a whole. Three main themes are developed:
1. Child labor has always been part of the American economy, from colonial times until today. While there have been more than 150 years …
Port Development Labor Issues, 2010 Sea Grant Law Fellow, Roger Williams University School of Law
Port Development Labor Issues, Alastair Deans
Sea Grant Law Fellow Publications
No abstract provided.
The Evolving Schizophrenic Nature Of Labor Arbitration, 2010 IIT Chicago-Kent College of Law
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), 2010 IIT Chicago-Kent College of Law
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, 2010 American University Washington College of Law
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Potential Of Rulemaking By The Nlrb, 2010 American University Washington College of Law
The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, 2010 CUNY John Jay College
Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang
Publications and Research
For many years, trade unions have pressured international financial organizations such as the World Bank to better incorporate protections for workers. A recent development in this contestation was the World Bank’s 2009 announcement regarding its controversial “Employing Workers Index” in its widely circulated Doing Business report. Trade unions had argued that the index, which promoted flexible labor market policies, did not respect the international norm of worker protections, and urged the World Bank to change the index. As a result, the Doing Business Group pledged to reform the Employing Workers Index and to create a new index on protecting workers. …
Promoting Worker-Owned Cooperatives As A Ced Empowerment Strategy: A Case Study Of Colors And Lawyering In Support Of Participatory Decision-Making And Meaningful Social Change, 2010 CUNY School of Law
Promoting Worker-Owned Cooperatives As A Ced Empowerment Strategy: A Case Study Of Colors And Lawyering In Support Of Participatory Decision-Making And Meaningful Social Change, Carmen Huertas-Noble
Publications and Research
No abstract provided.
Vol. 27, No. 1, 2010 Seyfarth Shaw LLP
Vol. 27, No. 1, Ronald J. Kramer
The Illinois Public Employee Relations Report
Contents:
Ricci v. DeStefano: What It Means for Public Employees, by Ronald J. Kramer
Recent Developments
The Supreme Court's Anti-Retaliation Principle, 2010 University of Nebraska
The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly
Nebraska College of Law: Faculty Publications
In five cases issued during the last five years, the Supreme Court interpreted statutory anti-retaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the typical understanding of this Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional anti-retaliation protection narrowly, which fits with the Court’s pro-employer image but diverges from the anti-retaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s retaliation jurisprudence. In doing …
Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, 2010 Golden Gate University School of Law
Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville
Publications
In two 1953 decisions, Mercer-Fraser Company v. Industrial Accident Commission and Hawaiian Pineapple Company Ltd v. Industrial Accident Commission, the California Supreme Court considered the proper interpretation of Labor Code section 4553, a provision in the workers’ compensation system that allows for an additional monetary award when an employee is injured because of an employer’s “serious and willful misconduct.” The Court gave a restrictive reading to the Labor Code and annulled decisions of the California Industrial Accident Commission that had found serious and willful misconduct by the respective employers. In doing so, the Court departed from its earlier and more …