Labor and Employment Law Commons^™

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

Analytical Framework For Understanding Broader-Based And Sectoral Bargaining Models, Sara Slinn

Articles & Book Chapters

No abstract provided.

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

California: Garment Labels Liable For Wages, Alan Hyde

Dispatches

GARMENT WORKERS IN CALIFORNIA SINCE 2022 may collect their wages, not merely from the production facility that employs them, but alternatively from the garment labels and some retailers for whom the facility produces garments. Such joint and several liability is unique in the world. It has long been the goal of garment worker activists around the world, for garment work everywhere is both low-paid and easily mobile. Wage theft, that is, nonpayment or underpayment of wages, is also common in California (U.S. Department of Labour, 2023). How is the statute working out?

A Tripartite Experiment In Australia: Seeking To Improve Compliance Through Collaboration, Tess Hardy, Stephen Clibborn, Joel Cutcher-Gershenfeld

Dispatches

In this dispatch, we examine one of the most significant strategic experiments to emerge in the recent past: a tripartite initiative launched in late 2024 in which the FWO is seeking to actively collaborate with representatives of business and unions in new and more meaningful ways. While tripartism is well established in setting standards, it remains relatively novel in the context of compliance and enforcement.

President Trump & Control Of Administrative Agencies: The Firing Of Mspb Member Cathy Harris, Jacob Burns Center For Ethics In The Practice Of Law, Floersheimer Center For Constitutional Democracy, Cardozo Chapter Of The American Constitutional Society, Cardozo Labor And Employment Law Society, Cardozo Outlaw, Jessica A. Roth, Cathy Harris

2025–2026 Flyers

Former Merit Systems Protection Board (MSPB) member Cathy Harris will join her attorney, Nathaniel Zelinsky, for a discussion of her lawsuit challenging President Trump’s removal of her from the MSPB. The case tests the limits of presidential control over independent administrative agencies.

Cardozo Law Student Anika Kazi Recognized During Grammy Week For Scholarship On Songwriters' Rights, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo Law student Anika Kazi was recognized as a finalist and runner-up during Grammy Week at the Entertainment Law Initiative (ELI) Luncheon for her paper, The Missing Guild: Why Songwriters Need Collective Bargaining Rights in the Streaming Era. Her scholarship examines collective bargaining rights for songwriters and proposes reforms to improve compensation in the modern streaming economy.

We The People: Ending Subminimum Wage Through Alternative Means Where Legislation Has Failed, Heather N. Kainz

Student Scholarship

No abstract provided.

When Antitrust Meets Labour: Exemption And Enforcement Under Article 101 Tfeu, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

Labour rights protection has recently emerged as one of the key objectives of antitrust law, alongside sustainability and privacy. The application and enforcement of competition rules differ significantly between the workers’ and employers’ sides of the market, a distinction that is particularly visible in cases concerning remuneration. Wage-setting may fall within the scope of Article 101 TFEU where it results from coordination between undertakings; whether competition law applies therefore depends on how wages are fixed. While employer cartels that suppress pay are treated as restrictive agreements, collective bargaining arrangements are assessed under a markedly different analytical framework. This article examines …

Misjudging A Reasonable Jury: Evidence That Courts Dismiss Meritorious Harassment Claims, Elizabeth C. Tippett, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Courts assessing summary judgment motions in Title VII harassment claims commonly grant the motion on the basis that the alleged harassment is insufficiently “severe or pervasive” to meet the legal standard. This mixed-methods study empirically tests whether there is a gap between how judges and potential jurors assess the same set of facts on the severe or pervasive element of a Title VII harassment claim. We presented study participants with facts from 80 federal harassment cases. In each case, the defendant employer moved to dismiss the case, arguing that no reasonable jury would find the alleged harassment sufficiently severe or …

Consumers, Laborers, And Antitrust, Oh My! Why Labor Considerations Should Be Examined In Antitrust Law Through The Lens Of U.S. V. Bertelsmann Se & Co. Kgaa, Jodi Nicole Kain

University of Miami Business Law Review

Imagine the disappointing feeling of walking into a bookstore and finding shelves filled with only a narrow and non-diverse selection of titles. This feeling nearly became a reality when the Department of Justice (“DOJ”) won an action blocking a proposed merger between mega publishing houses Penguin Random House and Simon & Schuster in the case United States v. Bertelsmann SE & Co. KGaA (2021) (“Bertelsmann”). The DOJ claimed that the merger would harm consumers by reducing the diversity of books available and directly harm authors—the creative labor force—by limiting competition for publishing deals and suppressing their compensation. For the first …

Administrative Investigation As A Procedural Guarantee For The Validity Of The Disciplinary Decision In The Police System Of The United Arab Emirates And The Arab Republic Of Egypt, Abdulaziz Abdulmonem Khalifa

Journal of Police and Legal Sciences

The administrative investigation procedure in the police field was addressed According to the laws of the police force and security in the United Arab Emirates, as well as the Egyptian police authority, this research presents a statement of the concept of the administrative investigation procedure, the disciplinary violations subject to it, and the procedural guarantees required for its validity. This includes the powers of referral to such procedures, as well as the processes for conducting and concluding them.

The research was structured into two main topics, The first addressed the definition and nature of the administrative investigation procedure, The second …

Vigilante Violence, The Rise Of The New Right, And The Persistence Of The Texas Farmworkers, 1975–1980, Brent M. S. Campney, Tim Bowman

History Faculty Publications

This study charts the ineffective vigilante violence perpetrated by growers in the Rio Grande Valley of Texas to suppress farmworker activism from the mid-to-late 1970s and their abrupt shift in tactics with a 1980 strike in Hereford, Texas, toward the adoption of strictly nonviolent and tediously legalistic new methods associated with the neoconservative backlash. It does so in two major sections. In the first, grower violence is chronicled in detail that underscores both its rage and ineffectiveness. The second section shows how the New Right usurped the longstanding usage of physical violence against ethnic Mexicans in Texas, prompting conservatives to …

Kidfluencer Protection: Illinois’ Attempt At Expanding Its Version Of The Coogan Law., Genevieve Sloan

American University Business Law Review

On July 1, 2024, Illinois enacted pioneering legislation, which expanded its child labor laws to “[m]inors featured in vlogs.” This legislation marks the first successful attempt at protecting the finances of children in the business of social media influencing. Over the past several years, society has started recognizing the dangers of the otherwise lucrative child influencer industry, notably children’s lack of legal entitlement to their earnings.

Accordingly, the Illinois legislation began inspiring similar child labor laws in other states. This Comment analyzes whether Section 95 and Section 100 of Illinois’ Child Labor Law of 2024 maintain parental autonomy and adequately …

Third Tri-National Meeting On Labour Rights - Report Of Recommendations For Upcoming Review Of The Cusma (Usmca, T-Mec), Mark Rowlinson, Sara Slinn

Conference Papers

The CUSMA-USMCA-T-MEC (CUSMA) Labour Chapter and its Facility-Specific Rapid Response Mechanism (RRM) are key areas of focus in the ongoing review of CUSMA approaches. The third Tri-National Meeting on Labour Rights under CUSMA was held on December 9th and 10th, 2024, at Osgoode Hall Law School in Toronto. This hybrid meeting brought together knowledgeable academics, organizations, and individuals from the three CUSMA partner countries to evaluate the Labour Chapter, particularly the RRM, and to discuss reform recommendations. This report summarizes the challenges and proposed reforms presented and discussed during this third Tri-National Meeting, building on recommendations from the two previous …

First Amendment Protection For Unlicensed Wellness Coaches, Barbara Zabawa

Faculty Works

This article examines the constitutional implications of state efforts to license unregulated wellness practitioners, particularly wellness coaches. As occupational licensing expands, wellness services—ranging from nutrition counseling and life coaching to mindfulness and holistic practices—face increasing scrutiny. The paper argues that most wellness coaching involves speech rather than conduct and therefore qualifies for First Amendment protection. Drawing on Supreme Court and lower court precedent, it distinguishes between professional judgment that may justify state regulation and speech-based coaching practices that pose minimal risk of harm. The analysis situates wellness coaching within broader debates over professional regulation, consumer empowerment, and the marketplace of …