The Experts below are selected from a list of 564 Experts worldwide ranked by ideXlab platform
James Gray Pope - One of the best experts on this subject based on the ideXlab platform.
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The Thirteenth Amendment at the Intersection of Class and Gender: Robertson v. Baldwin's Exclusion of Infants, Lunatics, Women, and Seamen
Seattle University Law Review, 2016Co-Authors: James Gray PopeAbstract:Slavery was but one of many hierarchical relations, including parent-child, husband-wife, master-apprentice, and master-servant, that arose within the legally constructed household. The Thirteenth Amendment’s prohibition on slavery and Involuntary Servitude, which contained no explicit domestic exception, inevitably raised the question whether domestic relations other than chattel slavery would be affected. The Supreme Court’s ruling in Robertson v. Baldwin (1897) carved out a domestic exception to the Amendment for children, wards, adult seamen and – in practice – women in intimate relationships. This article, written for a symposium on the Thirteenth Amendment and class, examines the origins, justifications, scholarship, and case law of Robertson’s domestic exception, including its application to seamen, abused children and battered women.
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A Free Labor Approach to Human Trafficking
University of Pennsylvania Law Review, 2010Co-Authors: James Gray PopeAbstract:In theory, an unwanted thing or condition can be eradicated by the negative means of attacking it directly or the positive means of nurturing a nemesis, or a combination of the two. In the field of pest control, for example, a given pest can be attacked directly with pesticides, or a nemesis species can be introduced into the environment. In the latter case, the nemesis species does the work of extermination either by attacking the pest or by outcompeting it for food and other resources. Direct attack is the predominant legal approach to human trafficking (which is defined to include not only cross-border trafficking, but also the harboring or maintenance of a person in a condition of slavery or Involuntary Servitude). The United Nations Protocol, for example, calls on member states to criminalize “trafficking in persons” and to provide protection and assistance to victims of that practice. There is, however, another possibility: nurturing the free labor system as a nemesis to trafficking. This approach operates by guaranteeing to workers a set of rights sufficient to achieve either economic independence or, failing that, the power below to give employers the incentive above to provide jobs that rise above Servitude. It relies primarily on workers – not government enforcement – to achieve and sustain labor freedom. This free labor approach, which finds support in the law of “Involuntary Servitude” under the United States Constitution, appears to provide an indispensable and cost-effective way to eliminate instances of trafficking that elude criminal prosecution. The article discusses the possible application of this approach to slavery and Involuntary Servitude, cross-border trafficking, and sex trafficking.
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Contract, Race, and Freedom of Labor in the Constitutional Law of "Involuntary Servitude"
Yale Law Journal, 2009Co-Authors: James Gray PopeAbstract:The Supreme Court has yet to adopt and apply a standard for assessing labor rights claims under the Involuntary Servitude clause. This article suggests that one may be found in the leading decision of Pollock v. Williams (1944), which contains the Court’s most thorough discussion of the interpretive issues. Under Pollock, a claimed right should be protected if it is necessary to provide workers with the “power below” and employers the “incentive above” to prevent “a harsh overlordship or unwholesome conditions of work.” Although this is not the only conceivable standard, it does fit well with the text, history, and case law of the Amendment. The absence of any racial element, which might appear dishonest in light of the fact that most of the leading cases involved workers of color, nevertheless corresponds to the original meaning and appears to have important advantages from a doctrinal point of view. The article discusses the legal and philosophical justifications of various labor rights in relation to the Pollock standard, including the right to quit, the right to change employers, the right to name the wages for which one is willing to work, and the right to strike.
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The Employee Free Choice Act and a Strategy for Winning Workers' Rights
2008Co-Authors: James Gray Pope, Peter Kellman, Ed BrunoAbstract:Despite its positive features, the Employee Free Choice Act has no place in a long-term strategy for workers' rights. If enacted, it will dissipate the energy for labor law reform without producing any results other than a marginal improvement in the prospects for staff-driven organizing campaigns. More likely, however, it will fail of passage. History teaches that the enormous advantages enjoyed by employers in ordinary politics (for example, the grossly disproportionate influence exerted by wealthy interests and rural states in our political system) can be offset only by a long-term and uncompromising movement for workers' rights. In the first half of the twentieth century - the period when all of our major workers' rights statutes were won - the movement approached the issue as one of long-term struggle over fundamental principles, and not as a matter of wheeling and dealing for whatever gain could be obtained at the moment. For half a century, workers and unions insisted that without the full freedom to associate in unions and engage in concerted activities like strikes, workers would be reduced to an unconstitutional condition of Involuntary Servitude. By adopting a similarly principled approach, adapted to fit the emerging industrial regime of flexible production, we can reclaim the rights to organize and strike.
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THE EMPLOYEE FREE CHOICE ACT AND A LONG-TERM STRATEGY FOR WINNING WORKERS' RIGHTS
WorkingUSA, 2008Co-Authors: James Gray Pope, Peter Kellman, Ed BrunoAbstract:Despite its positive features, the Employee Free Choice Act has no place in a long-term strategy for workers' rights. If enacted, it will dissipate the energy for labor law reform without producing any results other than a marginal improvement in the prospects for staff-driven organizing campaigns. More likely, however, it will fail of passage. History teaches that the enormous advantages enjoyed by employers in ordinary politics (for example, the grossly disproportionate influence exerted by wealthy interests and rural states in our political system) can be offset only by a long-term and uncompromising movement for workers' rights. In the first half of the twentieth century—the period when all of our major workers' rights statutes were won—the movement approached the issue as one of long-term struggle over fundamental principles, and not as a matter of wheeling and dealing for whatever gain could be obtained at the moment. For half a century, workers and unions insisted that without the full freedom to associate in unions and engage in concerted activities like strikes, workers would be reduced to an unconstitutional condition of Involuntary Servitude. By adopting a similarly principled approach, adapted to fit the emerging industrial regime of flexible production, we can reclaim the rights to organize and strike.
Charles A. Henning - One of the best experts on this subject based on the ideXlab platform.
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U.S. Military Stop Loss Program: Key Questions and Answers
2009Co-Authors: Charles A. HenningAbstract:Stop Loss is a frequently misunderstood DOD force management program that retains servicemembers beyond their contractually agreed-to separation date. Because of the Involuntary nature of this extension, some critics have referred to the program as a "backdoor draft" or "Involuntary Servitude". This report outlines the history of Stop Loss, current issues relating to Stop Loss, and the possible future directions of the program.
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U.S. Military Stop Loss Program
2009Co-Authors: Charles A. HenningAbstract:Abstract : Stop Loss is a frequently misunderstood DOD force management program that retains servicemembers beyond their contractually agreed-to separation date. Because of the Involuntary nature of this extension, some critics have referred to the program as a "backdoor draft" or "Involuntary Servitude". Stop Loss was initially used the 1990-91 Gulf War and later in Bosnia and the Kosovo Air Campaign. All of the Services used Stop Loss at the beginning of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) but only the Army has consistently employed some form of Stop Loss over the past five years. Today, there are over 12,000 soldiers in the active Army, Army Reserve and Army National Guard who remain on active duty beyond their scheduled separation date as a result of Stop Loss. While many observers tend to empathize with those in Stop Loss status, others assert that every servicemember who has enlisted or reenlisted over the past several years has been made aware of the program.
De Liévana, Gema Fernández Rodríguez - One of the best experts on this subject based on the ideXlab platform.
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Sexual Slavery: Linda Loaiza López Soto v Venezuela
Centre for Women Peace and Security London School of Economics and Political Science, 2020Co-Authors: Chinkin Christine, Yoshida Keina, De Liévana, Gema Fernández RodríguezAbstract:In the third blog in a series analysing the Inter-American Court’s landmark decision of Linda Loaiza López Soto v Venezuela, Christine Chinkin, Keina Yoshida and Gema Fernández Rodríguez de Liévana looks specifically at the Court’s decision on sexual slavery under Article 6 of the American Convention on Human Rights which provides that “No one shall be subject to slavery or to Involuntary Servitude, which are prohibited in all their forms, as are the slave trade and traffic in women”
Gema Fernández Rodríguez De Liévana - One of the best experts on this subject based on the ideXlab platform.
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Sexual Slavery: Linda Loaiza López Soto v Venezuela
2020Co-Authors: Christine Chinkin, Keina Yoshida, Gema Fernández Rodríguez De LiévanaAbstract:In the third blog in a series analysing the Inter-American Court’s landmark decision of Linda Loaiza Lopez Soto v Venezuela, Christine Chinkin, Keina Yoshida and Gema Fernandez Rodriguez de Lievana looks specifically at the Court’s decision on sexual slavery under Article 6 of the American Convention on Human Rights which provides that “No one shall be subject to slavery or to Involuntary Servitude, which are prohibited in all their forms, as are the slave trade and traffic in women”.
Marilyn Buck - One of the best experts on this subject based on the ideXlab platform.
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Women in Prison and Work
Feminist Studies, 2004Co-Authors: Marilyn BuckAbstract:WHEN A WOMAN GOES to jail, she is confronted with time-mostly idle time. In many county jails, there is little to do: a few orderly or trustee jobs perhaps, and daily-demanded tasks such as making a meagerly furnished bed. The real work is to learn to maintain one's equanimity and sanity in an insane situation. Insane because the institution, although it exists ostensibly to deprive one of her liberty or to detain her in the belly of the society for the protection of others, does much more. It redefines work, life, and culture. Labor is a central component in the business of prisons. It has been regarded as a means of punishment as well as of correction; it is seen as both a moralistic coercion and a form of rehabilitation. According to Michel Foucault, the purpose of penal labor is ". . . the constitution of a power relation... a schema of individual submission and of adjustment to a productive apparatus."' Foucault discounts profit as a motivating factor; however, in the era of the burgeoning prison-industrial complex, profits are enormous. Because prison labor is firmly established in a power-submission dynam ic, it engenders an attitude of rebellion: a moral and ethical response to an immoral situation of coercion and degradation. Involuntary Servitude is immoral even though it has been justified by the Catholic and Protestant Reformation churches for centuries.
