-
2
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-
85068954900
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Thai Workers Are Set Free in California
-
Aug. 4
-
First Amended Complaint, Bureerong v. Uvawas, No. 95-5958 (C.D. Cal., filed Oct. 25, 1995) (Collins, J.) [hereinafter E1 Monte Complaint]; see also Kenneth B. Noble, Thai Workers Are Set Free in California, N.Y. TIMES, Aug. 4, 1995, at Al. Echoing both Black slavery and the bracero program, these workers were imported from other countries to the United States. Their trafficking is also in some ways analogous to the international trafficking of women for sexual labor or domestic work. See SAUNDRA P. STURDEVANT & BRENDA STOLZFUS, LET THE GOOD TIMES ROLL: PROSTITUTION AND THE U.S. MILITARY IN ASIA (1992) (discussing sex workers); GEERTIE LYCKLAMA A NIJEHOLT, TRADE IN Harvard Civil Rights-Civil Liberties Law Review [Vol. 31 MAIDS: ASIAN DOMESTIC SERVANTS IN MIGRATION THEORY AND PRACTICE (Inst. of Social Studies Working Paper No. 10, 1989) (discussing domestic workers).
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(1995)
N.Y. Times
-
-
Noble, K.B.1
-
3
-
-
0003998750
-
-
First Amended Complaint, Bureerong v. Uvawas, No. 95-5958 (C.D. Cal., filed Oct. 25, 1995) (Collins, J.) [hereinafter E1 Monte Complaint]; see also Kenneth B. Noble, Thai Workers Are Set Free in California, N.Y. TIMES, Aug. 4, 1995, at Al. Echoing both Black slavery and the bracero program, these workers were imported from other countries to the United States. Their trafficking is also in some ways analogous to the international trafficking of women for sexual labor or domestic work. See SAUNDRA P. STURDEVANT & BRENDA STOLZFUS, LET THE GOOD TIMES ROLL: PROSTITUTION AND THE U.S. MILITARY IN ASIA (1992) (discussing sex workers); GEERTIE LYCKLAMA A NIJEHOLT, TRADE IN Harvard Civil Rights-Civil Liberties Law Review [Vol. 31 MAIDS: ASIAN DOMESTIC SERVANTS IN MIGRATION THEORY AND PRACTICE (Inst. of Social Studies Working Paper No. 10, 1989) (discussing domestic workers).
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(1992)
Let the Good Times Roll: Prostitution and the U.S. Military in Asia
-
-
Sturdevant, S.P.1
Stolzfus, B.2
-
4
-
-
85068947725
-
Trade in Harvard Civil Rights-Civil Liberties Law Review
-
Inst. of Social Studies Working Paper No. 10
-
First Amended Complaint, Bureerong v. Uvawas, No. 95-5958 (C.D. Cal., filed Oct. 25, 1995) (Collins, J.) [hereinafter E1 Monte Complaint]; see also Kenneth B. Noble, Thai Workers Are Set Free in California, N.Y. TIMES, Aug. 4, 1995, at Al. Echoing both Black slavery and the bracero program, these workers were imported from other countries to the United States. Their trafficking is also in some ways analogous to the international trafficking of women for sexual labor or domestic work. See SAUNDRA P. STURDEVANT & BRENDA STOLZFUS, LET THE GOOD TIMES ROLL: PROSTITUTION AND THE U.S. MILITARY IN ASIA (1992) (discussing sex workers); GEERTIE LYCKLAMA A NIJEHOLT, TRADE IN Harvard Civil Rights-Civil Liberties Law Review [Vol. 31 MAIDS: ASIAN DOMESTIC SERVANTS IN MIGRATION THEORY AND PRACTICE (Inst. of Social Studies Working Paper No. 10, 1989) (discussing domestic workers).
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(1989)
Maids: Asian Domestic Servants in Migration Theory and Practice
, vol.31
-
-
Lycklama A Nijeholt, G.1
-
5
-
-
85055295250
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Men Who Own Women: A Thirteenth Amendment Critique of Forced Prostitution
-
surveying Thirteenth Amendment jurisprudence
-
See Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 72(1872) ("[W]hile negro slavery alone was in the mind of the Congress which proposed the thirteenth article, it forbids any other kind of slavery . . . [for instance, slavery in the] Mexican peonage or the Chinese coolie labor system."); United States v. Booker, 655 F.2d 562, 565 (4th Cir. 1981) (upholding conviction for migrant farm labor abuses under 18 U.S.C. § 1583 and describing "the broad and sweeping intention of Congress during the Reconstruction period to stamp out the vestiges of the old regime of slavery and to prevent the reappearance of forced labor in whatever new form it might take"); see also Neal Kumar Katyal, Men Who Own Women: A Thirteenth Amendment Critique of Forced Prostitution, 103 YALE L.J. 791, 806-09 (1993) (surveying Thirteenth Amendment jurisprudence).
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(1993)
Yale L.J.
, vol.103
, pp. 791
-
-
Katyal, N.K.1
-
6
-
-
0004026704
-
-
The manipulation of notions of "citizenship" to deprive certain individuals of rights and remedies under law can be traced back through Supreme Court jurisprudence to the Dred Scott case. [T]he original Constitution presented the edifying picture of a government that bestowed rights on people and persons . . . not with some legal construct called citizen. This idyllic state of affairs was rudely disturbed by the crisis of the 1850s . . . [when] the Supreme Court seized on the concept of citizenship in the Dred Scott case, in a futile and misguided effort . . . to resolve the controversy over the spread of slavery. ALEXANDER BICKEL, THE MORALITY OF CONSENT 36 (1975) (emphasis added) (citing Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), in which Justice Taney held that citizenship did not attach to Scott because he was "a negro of African descent, whose ancestors were of pure African blood, and who were brought into this country and sold as slaves"); see also Dorothy Roberts, Book Review, Welfare and the Problem of Black Citizenship, 105 YALE L.J. 1563, 1574 (1996) ("From the founding of the nation, the meaning of American citizenship has rested on the denial of citizenship to Blacks living within its borders.").
-
(1975)
The Morality of Consent
, pp. 36
-
-
Bickel, A.1
-
7
-
-
45749099252
-
Welfare and the Problem of Black Citizenship
-
Book Review
-
The manipulation of notions of "citizenship" to deprive certain individuals of rights and remedies under law can be traced back through Supreme Court jurisprudence to the Dred Scott case. [T]he original Constitution presented the edifying picture of a government that bestowed rights on people and persons . . . not with some legal construct called citizen. This idyllic state of affairs was rudely disturbed by the crisis of the 1850s . . . [when] the Supreme Court seized on the concept of citizenship in the Dred Scott case, in a futile and misguided effort . . . to resolve the controversy over the spread of slavery. ALEXANDER BICKEL, THE MORALITY OF CONSENT 36 (1975) (emphasis added) (citing Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), in which Justice Taney held that citizenship did not attach to Scott because he was "a negro of African descent, whose ancestors were of pure African blood, and who were brought into this country and sold as slaves"); see also Dorothy Roberts, Book Review, Welfare and the Problem of Black Citizenship, 105 YALE L.J. 1563, 1574 (1996) ("From the founding of the nation, the meaning of American citizenship has rested on the denial of citizenship to Blacks living within its borders.").
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(1996)
Yale L.J.
, vol.105
, pp. 1563
-
-
Roberts, D.1
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8
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85068949403
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-
note
-
For the purpose of this Article, we use the term "Black" rather than "African American," because the former is more inclusive of peoples from Africa and the Caribbean living in the United States who do not necessarily identify as "African American." At the same time, our intention is not to elide significant cultural differences through this transnational gesture, nor to deemphasize the importance of personal agency in self-identification. Additionally, we capitalize "Black." Like Asian American and Latina, Black is a category embracing several groups who may also self-identify according to national origin (for example, Haitian American). Moreover, the term "Black" captures not merely phenotype or skin color, but a category of peoples who share a common history of racial discrimination in the United States. It is an accident of history that "Black" continues to be decapitalized (both in a literal and symbolic sense), while other racial groups are capitalized. As a matter of principle, we also capitalize "White" Much of the same logic applies, except rather than sharing a common history of racial discrimination, Whites have enjoyed a common history of racial privilege.
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9
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5844395980
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Week in Sweatshop Reveals Grim Conspiracy of the Poor
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Mar. 12
-
For an example of this view, see Jane H. Lii, Week in Sweatshop Reveals Grim Conspiracy of the Poor, N.Y. TIMES, Mar. 12, 1995, at A1, 40 (describing exploitation in a contract shop and noting, "Everyone quotes a Chinese saying: 'The big fish prey on the little fish, the little fish in turn prey on the shrimp, and the shrimp can only eat dirt.'"). For criticism, see James Ledbetter, The Times: Tryin' To Find Chinatown, VILLAGE VOICE, Apr. 18, 1995, at 9 ("[S]ome Asian activists told me they thought [Lii's article] reinforced stereotypes by portraying worker exploitation as a Chinese cultural tradition."). See also Laura Ho & Leti Volpp, Look Also Who Profits from Sweatshops, N.Y. TIMES, Mar. 19, 1995, at 14 (criticizing article for laying blame for violations solely on contractors and failing to explain the role of manufacturers and retailers in the industry); Leti Volpp, (Mis)Identifying Culture: Asian Women and the "Cultural Defense," 17 HARV. WOMEN'S L.J. 57 (1994) (discussing the depoliticizing effect of using "culture" to explain behavior).
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(1995)
N.Y. Times
-
-
Lii, J.H.1
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10
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85068945030
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The Times: Tryin' to Find Chinatown
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Apr. 18
-
For an example of this view, see Jane H. Lii, Week in Sweatshop Reveals Grim Conspiracy of the Poor, N.Y. TIMES, Mar. 12, 1995, at A1, 40 (describing exploitation in a contract shop and noting, "Everyone quotes a Chinese saying: 'The big fish prey on the little fish, the little fish in turn prey on the shrimp, and the shrimp can only eat dirt.'"). For criticism, see James Ledbetter, The Times: Tryin' To Find Chinatown, VILLAGE VOICE, Apr. 18, 1995, at 9 ("[S]ome Asian activists told me they thought [Lii's article] reinforced stereotypes by portraying worker exploitation as a Chinese cultural tradition."). See also Laura Ho & Leti Volpp, Look Also Who Profits from Sweatshops, N.Y. TIMES, Mar. 19, 1995, at 14 (criticizing article for laying blame for violations solely on contractors and failing to explain the role of manufacturers and retailers in the industry); Leti Volpp, (Mis)Identifying Culture: Asian Women and the "Cultural Defense," 17 HARV. WOMEN'S L.J. 57 (1994) (discussing the depoliticizing effect of using "culture" to explain behavior).
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(1995)
Village Voice
, pp. 9
-
-
Ledbetter, J.1
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11
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85068953469
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Look Also Who Profits from Sweatshops
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Mar. 19
-
For an example of this view, see Jane H. Lii, Week in Sweatshop Reveals Grim Conspiracy of the Poor, N.Y. TIMES, Mar. 12, 1995, at A1, 40 (describing exploitation in a contract shop and noting, "Everyone quotes a Chinese saying: 'The big fish prey on the little fish, the little fish in turn prey on the shrimp, and the shrimp can only eat dirt.'"). For criticism, see James Ledbetter, The Times: Tryin' To Find Chinatown, VILLAGE VOICE, Apr. 18, 1995, at 9 ("[S]ome Asian activists told me they thought [Lii's article] reinforced stereotypes by portraying worker exploitation as a Chinese cultural tradition."). See also Laura Ho & Leti Volpp, Look Also Who Profits from Sweatshops, N.Y. TIMES, Mar. 19, 1995, at 14 (criticizing article for laying blame for violations solely on contractors and failing to explain the role of manufacturers and retailers in the industry); Leti Volpp, (Mis)Identifying Culture: Asian Women and the "Cultural Defense," 17 HARV. WOMEN'S L.J. 57 (1994) (discussing the depoliticizing effect of using "culture" to explain behavior).
-
(1995)
N.Y. Times
, pp. 14
-
-
Ho, L.1
Volpp, L.2
-
12
-
-
0001882169
-
(Mis)Identifying Culture: Asian Women and the "Cultural Defense,"
-
For an example of this view, see Jane H. Lii, Week in Sweatshop Reveals Grim Conspiracy of the Poor, N.Y. TIMES, Mar. 12, 1995, at A1, 40 (describing exploitation in a contract shop and noting, "Everyone quotes a Chinese saying: 'The big fish prey on the little fish, the little fish in turn prey on the shrimp, and the shrimp can only eat dirt.'"). For criticism, see James Ledbetter, The Times: Tryin' To Find Chinatown, VILLAGE VOICE, Apr. 18, 1995, at 9 ("[S]ome Asian activists told me they thought [Lii's article] reinforced stereotypes by portraying worker exploitation as a Chinese cultural tradition."). See also Laura Ho & Leti Volpp, Look Also Who Profits from Sweatshops, N.Y. TIMES, Mar. 19, 1995, at 14 (criticizing article for laying blame for violations solely on contractors and failing to explain the role of manufacturers and retailers in the industry); Leti Volpp, (Mis)Identifying Culture: Asian Women and the "Cultural Defense," 17 HARV. WOMEN'S L.J. 57 (1994) (discussing the depoliticizing effect of using "culture" to explain behavior).
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(1994)
Harv. Women's L.J.
, vol.17
, pp. 57
-
-
Volpp, L.1
-
13
-
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85068946953
-
-
note
-
We use the term "garment workers" in this Article to refer to workers engaged in the production of clothing. A synonymous term is "apparel workers." We generally do not use the term "textile," referring to the manufacture of cloth, because we are limiting the scope of this Article to workers who cut and assemble clothing.
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14
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85068951745
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Manufacturers and Retailers Must Be Liable
-
Aug. 24
-
See Lora Jo Foo, Laura Ho, & Leti Volpp, Manufacturers and Retailers Must Be Liable, L.A. TIMES, Aug. 24, 1995, at B9 (describing El Monte factory as "more egregious than most" but stating that "sweatshops flourish throughout . . . the underground economy"); John Rofe, Officials Close in on Sweatshops, SAN DIEGO UNION-TRIB., Aug. 26, 1995, at A3 (quoting Asian Pacific American Legal Center attorney Julie Su, "There's no question that some of the conditions [the El Monte workers] were kept in are rampant throughout the garment industry[,] . . . one of the most lawless industries in America.").
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(1995)
L.A. Times
-
-
Foo, L.J.1
Ho, L.2
Volpp, L.3
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15
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85068953186
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Officials Close in on Sweatshops
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Aug. 26
-
See Lora Jo Foo, Laura Ho, & Leti Volpp, Manufacturers and Retailers Must Be Liable, L.A. TIMES, Aug. 24, 1995, at B9 (describing El Monte factory as "more egregious than most" but stating that "sweatshops flourish throughout . . . the underground economy"); John Rofe, Officials Close in on Sweatshops, SAN DIEGO UNION-TRIB., Aug. 26, 1995, at A3 (quoting Asian Pacific American Legal Center attorney Julie Su, "There's no question that some of the conditions [the El Monte workers] were kept in are rampant throughout the garment industry[,] . . . one of the most lawless industries in America.").
-
(1995)
San Diego Union-Trib.
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-
Rofe, J.1
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16
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84985013630
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"Life" at Guantánamo: The Wrongful Detention of Haitian Refugees
-
Disconnecting the United States from the exploitation of workers like those in El Monte - who were "liberated from slavery" only to be placed into Immigration & Naturalization Service (INS) detention - also raises many immigration-related contradictions. The prevalent hatred of immigrants that has swept the country has been a major factor in facilitating violations of workplace rights, as has the problematic collaboration between labor law enforcement agencies and the INS. Characterizing the United States as a site, not of exploitation, but of liberation, raises complex questions for those engaged in political lawyering as well. Advocates for political asylum, for example, must argue that their clients will be free from persecution here, and in so doing, may make it more difficult to criticize repression within the United States and by its agents in other contexts. See Cathy Powell, "Life" at Guantánamo: The Wrongful Detention of Haitian Refugees, 2 RECONSTRUCTION 58 (1993); Victoria Clawson & Laura Ho, Litigating as Law Students: An Inside Look at Haitian Centers Council, 103 YALE L.J. 2337 (1994) (describing problems and contradictions raised by such advocacy).
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(1993)
Reconstruction
, vol.2
, pp. 58
-
-
Powell, C.1
-
17
-
-
84937301381
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Litigating as Law Students: An Inside Look at Haitian Centers Council
-
Disconnecting the United States from the exploitation of workers like those in El Monte - who were "liberated from slavery" only to be placed into Immigration & Naturalization Service (INS) detention - also raises many immigration-related contradictions. The prevalent hatred of immigrants that has swept the country has been a major factor in facilitating violations of workplace rights, as has the problematic collaboration between labor law enforcement agencies and the INS. Characterizing the United States as a site, not of exploitation, but of liberation, raises complex questions for those engaged in political lawyering as well. Advocates for political asylum, for example, must argue that their clients will be free from persecution here, and in so doing, may make it more difficult to criticize repression within the United States and by its agents in other contexts. See Cathy Powell, "Life" at Guantánamo: The Wrongful Detention of Haitian Refugees, 2 RECONSTRUCTION 58 (1993); Victoria Clawson & Laura Ho, Litigating as Law Students: An Inside Look at Haitian Centers Council, 103 YALE L.J. 2337 (1994) (describing problems and contradictions raised by such advocacy).
-
(1994)
Yale L.J.
, vol.103
, pp. 2337
-
-
Clawson, V.1
Ho, L.2
-
18
-
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85068951710
-
-
note
-
A "manufacturer" is typically a brand-name label such as Levi's or Liz Claiborne that designs and owns garments but contracts out assembly to contract shops that are, more often than not, sweatshops. By contrast, a "retailer," for example, Macy's or Saks Fifth Avenue, typically buys garments from manufacturers and sells them to consumers. Often, the distinction is not so great. A "retailer" may act like a ́manufactureŕ by producing private labels; a "manufacturer" may sell its own clothes, for instance, at a Levi's store. Then there is the true hybrid, such as the Gap, which sells only its own label and cuts out the middle "manufacturer" altogether.
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19
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85068946925
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-
See infra note 46 and accompanying text
-
See infra note 46 and accompanying text.
-
-
-
-
20
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8344267270
-
Preventing Human Rights Abuses in the U.S. Garment Industry: A Proposed Amendment to the Fair Labor Standards Act
-
See generally Dennis Hayashi, Preventing Human Rights Abuses in the U.S. Garment Industry: A Proposed Amendment to the Fair Labor Standards Act. 17 YALE J. INT'L L. 195 (1992); Leo L. Lam, Designer Duty: Extending Liability to Manufacturers for Violations of Labor Standards in Garment Industry Sweatshops, 141 U. PA. L. REV. 623 (1992).
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(1992)
Yale J. Int'l L.
, vol.17
, pp. 195
-
-
Hayashi, D.1
-
21
-
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85055295673
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Designer Duty: Extending Liability to Manufacturers for Violations of Labor Standards in Garment Industry Sweatshops
-
See generally Dennis Hayashi, Preventing Human Rights Abuses in the U.S. Garment Industry: A Proposed Amendment to the Fair Labor Standards Act. 17 YALE J. INT'L L. 195 (1992); Leo L. Lam, Designer Duty: Extending Liability to Manufacturers for Violations of Labor Standards in Garment Industry Sweatshops, 141 U. PA. L. REV. 623 (1992).
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(1992)
U. Pa. L. Rev.
, vol.141
, pp. 623
-
-
Lam, L.L.1
-
22
-
-
85068954237
-
Worker Protection Compromised: The Fair Labor Standards Act Meets the Bankruptcy Code
-
The Federal Department of Labor's (DOL) enforcement powers and efforts have focused exclusively on domestic law. For instance, the "hot goods" injunction provided for in the Fair Labor Standards Act can be used to attack the problem of subcontracting by forcing manufacturers to pay for the wages of the workers who sewed their clothes. See 29 U.S.C. § 215(a)(1) (1994). Only the DOL, however, can obtain a "hot goods" injunction, and only those goods that have yet to leave the factory may be enjoined. See Lora Jo Foo et al., Worker Protection Compromised: The Fair Labor Standards Act Meets the Bankruptcy Code, 2 ASIAN PAC, AM, L.J. 38, 44 (1994) (describing problems associated with recovering wages once hot goods have entered the stream of commerce). Additionally, the DOL has signed enforceable agreements with at least nine California manufacturers, such as Guess and Rampage, requiring the manufacturers to monitor conditions in their contract shops. See Rampage to Monitor Contractors, WOMEN'S WEAR DAILY, Feb. 9, 1995, at 27.
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(1994)
Asian Pac. Am, L.J.
, vol.2
, pp. 38
-
-
Foo, L.J.1
-
23
-
-
85068952796
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Rampage to Monitor Contractors
-
Feb. 9
-
The Federal Department of Labor's (DOL) enforcement powers and efforts have focused exclusively on domestic law. For instance, the "hot goods" injunction provided for in the Fair Labor Standards Act can be used to attack the problem of subcontracting by forcing manufacturers to pay for the wages of the workers who sewed their clothes. See 29 U.S.C. § 215(a)(1) (1994). Only the DOL, however, can obtain a "hot goods" injunction, and only those goods that have yet to leave the factory may be enjoined. See Lora Jo Foo et al., Worker Protection Compromised: The Fair Labor Standards Act Meets the Bankruptcy Code, 2 ASIAN PAC, AM, L.J. 38, 44 (1994) (describing problems associated with recovering wages once hot goods have entered the stream of commerce). Additionally, the DOL has signed enforceable agreements with at least nine California manufacturers, such as Guess and Rampage, requiring the manufacturers to monitor conditions in their contract shops. See Rampage to Monitor Contractors, WOMEN'S WEAR DAILY, Feb. 9, 1995, at 27.
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(1995)
Women's Wear Daily
, pp. 27
-
-
-
24
-
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85068952885
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-
note
-
The El Monte workers, for example, hope to hold six manufacturers legally liable for the extreme labor law violations the workers endured in the slave sweatshop. See El Monte Complaint, supra note 2. Their complaint relies on (1) state and federal "joint employer" theories, which look to economic reality rather than technical concepts of agency law. see S.G. Borello & Sons, Inc. v. Department of Indus. Relations, 48 Cal. 3d 341, 353 (1989) (applying California law); Hale v. State of Arizona, 993 F.2d 1387, 1395-98 (9th Cir. 1993) (en banc) (applying federal Fair Labor Standards Act); (2) state and federal industrial homework prohibitions, see CAL. LAB. CODE §§ 2650(g), 2665(a) (1989), 29 C.F.R. §§ 530.1-.2 (1989); (3) California garment shop registration requirements, see CAL. LAB, CODE §§ 2675-2683; (4) California unfair business practice provisions, see CAL. Bus. & PROF. CODE §§ 17200-17209 (1991); (5) negligence per se, see CAL. EVID. CODE § 669 (1995); (6) negligent supervision, see Holman v. State of California, 53 Cal. App. 3d 317, 333 (1975); and (7) negligent hiring, see id. Two of the authors, Laura Ho and Leti Volpp, are part of the legal team representing the workers. Other members of the legal team include Julie Su of the Asian Pacific American Legal Center; Lora Jo Foo of the Asian Law Caucus; Lucas Guttentag of the ACLU Foundation Immigrants' Rights Project; Mark Rosenbaum and Dan Tokaji of the ACLU Foundation of Southern California; Della Bahan of Rothner, Segall, Bahan, and Greenstone; and Dan Stormer of Hadsell and Stormer.
-
-
-
-
25
-
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85068951729
-
-
joint report on U.S. compliance with the International Covenant on Civil and Political Rights
-
See generally HUMAN RIGHTS WATCH & AMERICAN CIVIL LIBERTIES UNION, HUMAN RIGHTS VIOLATIONS IN THE UNITED STATES (1993) (joint report on U.S. compliance with the International Covenant on Civil and Political Rights); Dorothy Thomas, Advancing Rights Protection in the United States: An Internationalized Advocacy Strategy, 9 HARV. HUM. RTS. J. 15 (1996).
-
(1993)
Human Rights Violations in the United States
-
-
-
26
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0042325311
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Advancing Rights Protection in the United States: An Internationalized Advocacy Strategy
-
See generally HUMAN RIGHTS WATCH & AMERICAN CIVIL LIBERTIES UNION, HUMAN RIGHTS VIOLATIONS IN THE UNITED STATES (1993) (joint report on U.S. compliance with the International Covenant on Civil and Political Rights); Dorothy Thomas, Advancing Rights Protection in the United States: An Internationalized Advocacy Strategy, 9 HARV. HUM. RTS. J. 15 (1996).
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(1996)
Harv. Hum. Rts. J.
, vol.9
, pp. 15
-
-
Thomas, D.1
-
27
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84935413026
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Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law
-
In calling for enforcement of rights, we are mindful of the critique of rights-based strategies as well as the countercritique that posits rights, and specifically civil rights laws, as important in creating formal equality. See Kimberlé W. Crenshaw, Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law, 101 HARV. L. REV. 1331 (1988). While the defense of civil and political rights through judicial interpretation has failed to address adequately structural inequality and poverty, we believe that rights enforcement is an important endeavor. Moreover, our definition of "human rights" in this Article is not limited to civil and political rights, but includes social and economic rights that aim to eradicate material and cultural bases of marginalization and oppression.
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(1988)
Harv. L. Rev.
, vol.101
, pp. 1331
-
-
Crenshaw, K.W.1
-
28
-
-
0001119274
-
Labor Squeeze and Ethnic/Racial Recomposition in the U.S. Apparel Industry
-
Edna Bonacich et al. eds., [hereinafter GLOBAL PRODUCTION]
-
Evelyn Blumenberg & Paul Ong, Labor Squeeze and Ethnic/Racial Recomposition in the U.S. Apparel Industry, in GLOBAL PRODUCTION: THE APPAREL INDUSTRY IN THE PACIFIC RIM 309, 313 (Edna Bonacich et al. eds., 1994) [hereinafter GLOBAL PRODUCTION].
-
(1994)
Global Production: The Apparel Industry in the Pacific Rim
, pp. 309
-
-
Blumenberg, E.1
Ong, P.2
-
31
-
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85068953681
-
-
Blumenberg & Ong, supra note 17, at 318
-
Blumenberg & Ong, supra note 17, at 318. The workforce composition in south Florida is notably different from the rest of the U.S. South because the vast majority of workers in Florida is from the Caribbean and Latin America. See Monica Russo, This World Called Miami, 20 LAB. RES. REV. 37, 38 (1993).
-
-
-
-
32
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0038854258
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This World Called Miami
-
Blumenberg & Ong, supra note 17, at 318. The workforce composition in south Florida is notably different from the rest of the U.S. South because the vast majority of workers in Florida is from the Caribbean and Latin America. See Monica Russo, This World Called Miami, 20 LAB. RES. REV. 37, 38 (1993).
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(1993)
Lab. Res. Rev.
, vol.20
, pp. 37
-
-
Russo, M.1
-
33
-
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8344267291
-
-
supra note 6
-
We use the term "Asian" here in a descriptive sense, to reflect how communities are perceived by mainstream society, which appears to reserve the appellation "American" for those who are assumed to have "assimilated" into mainstream culture. Of course, whether to use the terms "Asian" or "Asian American" - or whether to use the categories "Thai," "Chinese," and so on - is a political question entailing both risks and advantages. See Volpp, (Mis) Identifying Culture, supra note 6, at 61: Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Marking Asian American Differences, 1 DIASPORA 24, 30 (1991); see also Lisa Lowe, Work, Immigration, Gender: Asian "American" Women and U.S. Women of Color, in MAKING WAVES II (Asian Women United of California eds., forthcoming 1996) (placing "American" in quotes to signal the ambivalent and multidirectional sets of identifications that both multiple-generation Asian and Asian immigrant women have to the nationalist construction "American").
-
(Mis) Identifying Culture
, pp. 61
-
-
Volpp1
-
34
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84905952117
-
Heterogeneity, Hybridity, Multiplicity: Marking Asian American Differences
-
We use the term "Asian" here in a descriptive sense, to reflect how communities are perceived by mainstream society, which appears to reserve the appellation "American" for those who are assumed to have "assimilated" into mainstream culture. Of course, whether to use the terms "Asian" or "Asian American" - or whether to use the categories "Thai," "Chinese," and so on - is a political question entailing both risks and advantages. See Volpp, (Mis) Identifying Culture, supra note 6, at 61: Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Marking Asian American Differences, 1 DIASPORA 24, 30 (1991); see also Lisa Lowe, Work, Immigration, Gender: Asian "American" Women and U.S. Women of Color, in MAKING WAVES II (Asian Women United of California eds., forthcoming 1996) (placing "American" in quotes to signal the ambivalent and multidirectional sets of identifications that both multiple-generation Asian and Asian immigrant women have to the nationalist construction "American").
-
(1991)
Diaspora
, vol.1
, pp. 24
-
-
Lowe, L.1
-
35
-
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85068948703
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Work, Immigration, Gender: Asian "American" Women and U.S. Women of Color
-
Asian Women United of California eds., forthcoming
-
We use the term "Asian" here in a descriptive sense, to reflect how communities are perceived by mainstream society, which appears to reserve the appellation "American" for those who are assumed to have "assimilated" into mainstream culture. Of course, whether to use the terms "Asian" or "Asian American" - or whether to use the categories "Thai," "Chinese," and so on - is a political question entailing both risks and advantages. See Volpp, (Mis) Identifying Culture, supra note 6, at 61: Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Marking Asian American Differences, 1 DIASPORA 24, 30 (1991); see also Lisa Lowe, Work, Immigration, Gender: Asian "American" Women and U.S. Women of Color, in MAKING WAVES II (Asian Women United of California eds., forthcoming 1996) (placing "American" in quotes to signal the ambivalent and multidirectional sets of identifications that both multiple-generation Asian and Asian immigrant women have to the nationalist construction "American").
-
(1996)
Making Waves II
-
-
Lowe, L.1
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36
-
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85068948209
-
-
The Latina Rights Initiative of the Puerto Rican Legal Defense Fund defines "Latinas" as "women of Latin American birth or descent living in the U.S." Telephone Interview with Nina Perales, former coordinator, Latina Rights Initiative (Feb. 2, 1996). "For me, the more exciting question than which term to use - Hispanic, Latina, Hispana - is whether you use the term to refer to a race, ethnicity, or national origin because this choice has implications for law, politics, and culture." Id.; see also Clara Rodriguez et al., Latino Racial Identity: in the Eye of the Beholder, 2 LATINO STUD. J. 33, 39 (1991) (reporting results of qualitative study of how Latinos view themselves racially, concluding that "it's important to stress the socially constructed nature of these identities and their fluidity over time").
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Making Waves II
-
-
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37
-
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0002880347
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Latino Racial Identity: In the Eye of the Beholder
-
The Latina Rights Initiative of the Puerto Rican Legal Defense Fund defines "Latinas" as "women of Latin American birth or descent living in the U.S." Telephone Interview with Nina Perales, former coordinator, Latina Rights Initiative (Feb. 2, 1996). "For me, the more exciting question than which term to use - Hispanic, Latina, Hispana - is whether you use the term to refer to a race, ethnicity, or national origin because this choice has implications for law, politics, and culture." Id.; see also Clara Rodriguez et al., Latino Racial Identity: in the Eye of the Beholder, 2 LATINO STUD. J. 33, 39 (1991) (reporting results of qualitative study of how Latinos view themselves racially, concluding that "it's important to stress the socially constructed nature of these identities and their fluidity over time").
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(1991)
Latino Stud. J.
, vol.2
, pp. 33
-
-
Rodriguez, C.1
-
38
-
-
85068953642
-
-
Blumenberg & Ong, supra note 17, at 321
-
Blumenberg & Ong, supra note 17, at 321. It is beyond the scope of this Article to give a more detailed description of specific trends within the broad categories of Black, Latina, Asian, and White women (for example, the employment of Puerto Rican women in New York in the 1950s and 1960s; of Chinese women in California and New York following the 1965 Immigration Act; or of Haitian women in Miami in the 1990s).
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-
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39
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85068945493
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Id. at 320
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Id. at 320.
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-
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40
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0038361387
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The Apparel Maquiladora Industry at the Mexican Border
-
supra note 17
-
Maquiladora factories, sometimes referred to as maquilas, are defined as assembly plants that produce for export. See Jorge Carrillo V., The Apparel Maquiladora Industry at the Mexican Border, in GLOBAL PRODUCTION, supra note 17, at 217, 218.
-
Global Production
, pp. 217
-
-
Carrillo V., J.1
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41
-
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84973296238
-
-
Id. at 217. The program allowed tax-free imports of component parts to Mexico and exports of finished products. It was intended both as a vehicle of industrial development and as a source of employment opportunities for unemployed men no longer able to work in the United States under the bracero (guest worker) program, which had been terminated. In fact, maquiladoras have absorbed a primarily female labor force, similar to other export-processing zones, because women workers are seen as more malleable. Pregnancy discrimination, sexual harassment, and other gendered forms of exploitation are not uncommon in these factories. See Sex Discrimination in Maquiladoras (Human Rights Watch, New York, N.Y.), forthcoming June 1996. For a discussion of maquiladoras and the Border Industrialization Program, see Susan Tiano, Maquiladora Women: A New Category of Workers?, in WOMEN WORKERS AND GLOBAL RESTRUCTURING 193, 221 (Kathryn Ward ed., 1990).
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Global Production
, pp. 217
-
-
-
42
-
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85068946909
-
-
(Human Rights Watch, New York, N.Y.), forthcoming June
-
Id. at 217. The program allowed tax-free imports of component parts to Mexico and exports of finished products. It was intended both as a vehicle of industrial development and as a source of employment opportunities for unemployed men no longer able to work in the United States under the bracero (guest worker) program, which had been terminated. In fact, maquiladoras have absorbed a primarily female labor force, similar to other export-processing zones, because women workers are seen as more malleable. Pregnancy discrimination, sexual harassment, and other gendered forms of exploitation are not uncommon in these factories. See Sex Discrimination in Maquiladoras (Human Rights Watch, New York, N.Y.), forthcoming June 1996. For a discussion of maquiladoras and the Border Industrialization Program, see Susan Tiano, Maquiladora Women: A New Category of Workers?, in WOMEN WORKERS AND GLOBAL RESTRUCTURING 193, 221 (Kathryn Ward ed., 1990).
-
(1996)
See Sex Discrimination in Maquiladoras
-
-
-
43
-
-
0009316435
-
Maquiladora Women: A New Category of Workers?
-
Kathryn Ward ed.
-
Id. at 217. The program allowed tax-free imports of component parts to Mexico and exports of finished products. It was intended both as a vehicle of industrial development and as a source of employment opportunities for unemployed men no longer able to work in the United States under the bracero (guest worker) program, which had been terminated. In fact, maquiladoras have absorbed a primarily female labor force, similar to other export-processing zones, because women workers are seen as more malleable. Pregnancy discrimination, sexual harassment, and other gendered forms of exploitation are not uncommon in these factories. See Sex Discrimination in Maquiladoras (Human Rights Watch, New York, N.Y.), forthcoming June 1996. For a discussion of maquiladoras and the Border Industrialization Program, see Susan Tiano, Maquiladora Women: A New Category of Workers?, in WOMEN WORKERS AND GLOBAL RESTRUCTURING 193, 221 (Kathryn Ward ed., 1990).
-
(1990)
Women Workers and Global Restructuring
, pp. 193
-
-
Tiano, S.1
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44
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85068945635
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Blumenberg & Ong, supra note 17, at 312
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Blumenberg & Ong, supra note 17, at 312.
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-
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45
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8344237950
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Ms., Jan./Feb.
-
See Helen Zia, Made in the U.S.A., Ms., Jan./Feb. 1996, at 67.
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(1996)
Made in the U.S.A.
, pp. 67
-
-
Zia, H.1
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46
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0003750099
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-
On the race, class, age, and gender effects of global coproduction and deindustrialization, see generally TERESA L. AMMOTT & JULIE MATTHAEI, RACE, GENDER AND WORK: A MULTICULTURAL ECONOMIC HISTORY OF WOMEN IN THE UNITED STATES (1991); UNEQUAL BURDEN: ECONOMIC CRISES, PERSISTENT POVERTY, AND WOMEN'S WORK (Lourdes Beneria & Shelley Feldman eds., 1992); WOMEN WORKERS AND GLOBAL RESTRUCTURING (Kathryn Ward ed., 1990).
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(1991)
Race, Gender and Work: A Multicultural Economic History of Women in the United States
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-
Ammott, T.L.1
Matthaei, J.2
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47
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0003772649
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-
On the race, class, age, and gender effects of global coproduction and deindustrialization, see generally TERESA L. AMMOTT & JULIE MATTHAEI, RACE, GENDER AND WORK: A MULTICULTURAL ECONOMIC HISTORY OF WOMEN IN THE UNITED STATES (1991); UNEQUAL BURDEN: ECONOMIC CRISES, PERSISTENT POVERTY, AND WOMEN'S WORK (Lourdes Beneria & Shelley Feldman eds., 1992); WOMEN WORKERS AND GLOBAL RESTRUCTURING (Kathryn Ward ed., 1990).
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(1992)
Unequal Burden: Economic Crises, Persistent Poverty, and Women's Work
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-
Beneria, L.1
Feldman, S.2
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48
-
-
0004005388
-
-
On the race, class, age, and gender effects of global coproduction and deindustrialization, see generally TERESA L. AMMOTT & JULIE MATTHAEI, RACE, GENDER AND WORK: A MULTICULTURAL ECONOMIC HISTORY OF WOMEN IN THE UNITED STATES (1991); UNEQUAL BURDEN: ECONOMIC CRISES, PERSISTENT POVERTY, AND WOMEN'S WORK (Lourdes Beneria & Shelley Feldman eds., 1992); WOMEN WORKERS AND GLOBAL RESTRUCTURING (Kathryn Ward ed., 1990).
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(1990)
Women Workers and global Restructuring
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Ward, K.1
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49
-
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0000530491
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Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics
-
The concept of intersectionality, which refers to the interplay and interlocking nature of various forms of oppression, can provide a useful analytical tool. Living at the intersection of multiple burdens subjects garment workers to compounded experiences of marginalization and dehumanization. Cf. Kimberlé W. Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, 1989 U. CHI. LEGAL F. 139; Elizabeth M. Iglesias, Structures of Subordination: Women of Color at the Intersection of Title VII and the NLRA. Not!, 28 HARV. C.R.-C.L. L. REV. 395 (1993) ; Mari Matsuda, Beside My Sister, Facing the Enemy: Legal Theory Out of Coalition, 43 STAN. L. REV. 1183 (1991); Volpp, (Mis)Identifying Culture, supra note 6.
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U. Chi. Legal F.
, vol.1989
, pp. 139
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Crenshaw, K.W.1
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50
-
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0001284014
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Structures of Subordination: Women of Color at the Intersection of Title VII and the NLRA. Not!
-
The concept of intersectionality, which refers to the interplay and interlocking nature of various forms of oppression, can provide a useful analytical tool. Living at the intersection of multiple burdens subjects garment workers to compounded experiences of marginalization and dehumanization. Cf. Kimberlé W. Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, 1989 U. CHI. LEGAL F. 139; Elizabeth M. Iglesias, Structures of Subordination: Women of Color at the Intersection of Title VII and the NLRA. Not!, 28 HARV. C.R.-C.L. L. REV. 395 (1993) ; Mari Matsuda, Beside My Sister, Facing the Enemy: Legal Theory Out of Coalition, 43 STAN. L. REV. 1183 (1991); Volpp, (Mis)Identifying Culture, supra note 6.
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(1993)
Harv. C.R.-C.L. L. Rev.
, vol.28
, pp. 395
-
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Iglesias, E.M.1
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51
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21344498707
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Beside My Sister, Facing the Enemy: Legal Theory out of Coalition
-
The concept of intersectionality, which refers to the interplay and interlocking nature of various forms of oppression, can provide a useful analytical tool. Living at the intersection of multiple burdens subjects garment workers to compounded experiences of marginalization and dehumanization. Cf. Kimberlé W. Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, 1989 U. CHI. LEGAL F. 139; Elizabeth M. Iglesias, Structures of Subordination: Women of Color at the Intersection of Title VII and the NLRA. Not!, 28 HARV. C.R.-C.L. L. REV. 395 (1993) ; Mari Matsuda, Beside My Sister, Facing the Enemy: Legal Theory Out of Coalition, 43 STAN. L. REV. 1183 (1991); Volpp, (Mis)Identifying Culture, supra note 6.
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Stan. L. Rev.
, vol.43
, pp. 1183
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Matsuda, M.1
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52
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8344267291
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supra note 6
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The concept of intersectionality, which refers to the interplay and interlocking nature of various forms of oppression, can provide a useful analytical tool. Living at the intersection of multiple burdens subjects garment workers to compounded experiences of marginalization and dehumanization. Cf. Kimberlé W. Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, 1989 U. CHI. LEGAL F. 139; Elizabeth M. Iglesias, Structures of Subordination: Women of Color at the Intersection of Title VII and the NLRA. Not!, 28 HARV. C.R.-C.L. L. REV. 395 (1993) ; Mari Matsuda, Beside My Sister, Facing the Enemy: Legal Theory Out of Coalition, 43 STAN. L. REV. 1183 (1991); Volpp, (Mis)Identifying Culture, supra note 6.
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(Mis)Identifying Culture
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Volpp1
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53
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85068954617
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See generally RACHEL KAMEL, AMERICAN FRIENDS SERVICE COMM., THE GLOBAL FACTORY (1990). See also Fran Ansley, Standing Rusty and Rolling Empty: Law, Poverty and America's Eroding Industrial Base, 81 GEO. L.J. 1757 (1993).
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(1990)
American Friends Service Comm., the Global Factory
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Kamel, R.1
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54
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21144464066
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Standing Rusty and Rolling Empty: Law, Poverty and America's Eroding Industrial Base
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See generally RACHEL KAMEL, AMERICAN FRIENDS SERVICE COMM., THE GLOBAL FACTORY (1990). See also Fran Ansley, Standing Rusty and Rolling Empty: Law, Poverty and America's Eroding Industrial Base, 81 GEO. L.J. 1757 (1993).
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(1993)
Geo. L.J.
, vol.81
, pp. 1757
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Ansley, F.1
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55
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0002800591
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The Role of U.S. Apparel Manufacturers in the Globalization of the Industry in the Pacific Rim
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supra note 17
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Edna Bonacich & David V. Waller, The Role of U.S. Apparel Manufacturers in the Globalization of the Industry in the Pacific Rim, in GLOBAL PRODUCTION, supra note 17, at 21, 90-91.
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Global Production
, pp. 21
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Bonacich, E.1
Waller, D.V.2
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56
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85068950652
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supra note 17
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See Bonacich et al., Introduction to GLOBAL PRODUCTION, supra note 17, at 3, 3-18; COMMODITY CHAINS AND GLOBAL CAPITALISM (Gary Gereffi & Miguel Korzeniewicz eds., 1994); FOLKER FRÖBEL ET AL., THE NEW INTERNATIONAL DIVISION OF LABOUR: STRUCTURAL UNEMPLOYMENT IN INDUSTRIALIZED COUNTRIES AND INDUSTRIALIZATION IN DEVELOPING COUNTRIES (1980); SASKIA SASSEN, THE GLOBAL CITY: NEW YORK, LONDON, TOKYO (1991).
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Introduction to Global Production
, pp. 3
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Bonacich1
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57
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0004138017
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See Bonacich et al., Introduction to GLOBAL PRODUCTION, supra note 17, at 3, 3-18; COMMODITY CHAINS AND GLOBAL CAPITALISM (Gary Gereffi & Miguel Korzeniewicz eds., 1994); FOLKER FRÖBEL ET AL., THE NEW INTERNATIONAL DIVISION OF LABOUR: STRUCTURAL UNEMPLOYMENT IN INDUSTRIALIZED COUNTRIES AND INDUSTRIALIZATION IN DEVELOPING COUNTRIES (1980); SASKIA SASSEN, THE GLOBAL CITY: NEW YORK, LONDON, TOKYO (1991).
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(1994)
Commodity Chains and Global Capitalism
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Gereffi, G.1
Korzeniewicz, M.2
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58
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0003503871
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See Bonacich et al., Introduction to GLOBAL PRODUCTION, supra note 17, at 3, 3-18; COMMODITY CHAINS AND GLOBAL CAPITALISM (Gary Gereffi & Miguel Korzeniewicz eds., 1994); FOLKER FRÖBEL ET AL., THE NEW INTERNATIONAL DIVISION OF LABOUR: STRUCTURAL UNEMPLOYMENT IN INDUSTRIALIZED COUNTRIES AND INDUSTRIALIZATION IN DEVELOPING COUNTRIES (1980); SASKIA SASSEN, THE GLOBAL CITY: NEW YORK, LONDON, TOKYO (1991).
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(1980)
The New International Division of Labour: Structural Unemployment in Industrialized Countries and Industrialization in Developing Countries
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Fröbel, F.1
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59
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0003708729
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See Bonacich et al., Introduction to GLOBAL PRODUCTION, supra note 17, at 3, 3-18; COMMODITY CHAINS AND GLOBAL CAPITALISM (Gary Gereffi & Miguel Korzeniewicz eds., 1994); FOLKER FRÖBEL ET AL., THE NEW INTERNATIONAL DIVISION OF LABOUR: STRUCTURAL UNEMPLOYMENT IN INDUSTRIALIZED COUNTRIES AND INDUSTRIALIZATION IN DEVELOPING COUNTRIES (1980); SASKIA SASSEN, THE GLOBAL CITY: NEW YORK, LONDON, TOKYO (1991).
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(1991)
The Global City: New York, London, Tokyo
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Sassen, S.1
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60
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85068953048
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Bonacich et al., supra note 33, at 3, 5
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Bonacich et al., supra note 33, at 3, 5.
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61
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85068948616
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The Garment Industry, National Development, and Labor Organizing
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supra note 17
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"U.S. companies seeking to open plants in Central America, for example, were allegedly assured that they would not have to deal with unions. Producers in Taiwan and Korea have stated that the absence of unions is their major criterion in selecting countries for investment." Edna Bonacich et al., The Garment Industry, National Development, and Labor Organizing, in GLOBAL PRODUCTION, supra note 17, at 365, 370; see also Karen Travis, Women in Global Production and Worker Rights Provisions in U.S. Trade Law, 17 YALE J. INT'L L. 173, 180 (1992) (noting that "differentially-lower labor standards" reduce production costs and may act as an effective subsidy). But see Tiano, supra note 26, at 221 (describing benefits to women of working in maquiladora export-processing zone in Mexico).
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Global Production
, pp. 365
-
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Bonacich, E.1
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62
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0002143760
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Women in Global Production and Worker Rights Provisions in U.S. Trade Law
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"U.S. companies seeking to open plants in Central America, for example, were allegedly assured that they would not have to deal with unions. Producers in Taiwan and Korea have stated that the absence of unions is their major criterion in selecting countries for investment." Edna Bonacich et al., The Garment Industry, National Development, and Labor Organizing, in GLOBAL PRODUCTION, supra note 17, at 365, 370; see also Karen Travis, Women in Global Production and Worker Rights Provisions in U.S. Trade Law, 17 YALE J. INT'L L. 173, 180 (1992) (noting that "differentially-lower labor standards" reduce production costs and may act as an effective subsidy). But see Tiano, supra note 26, at 221 (describing benefits to women of working in maquiladora export-processing zone in Mexico).
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(1992)
Yale J. Int'l L.
, vol.17
, pp. 173
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Travis, K.1
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63
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85068954552
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Tiano, supra note 26, at 221
-
"U.S. companies seeking to open plants in Central America, for example, were allegedly assured that they would not have to deal with unions. Producers in Taiwan and Korea have stated that the absence of unions is their major criterion in selecting countries for investment." Edna Bonacich et al., The Garment Industry, National Development, and Labor Organizing, in GLOBAL PRODUCTION, supra note 17, at 365, 370; see also Karen Travis, Women in Global Production and Worker Rights Provisions in U.S. Trade Law, 17 YALE J. INT'L L. 173, 180 (1992) (noting that "differentially-lower labor standards" reduce production costs and may act as an effective subsidy). But see Tiano, supra note 26, at 221 (describing benefits to women of working in maquiladora export-processing zone in Mexico).
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-
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64
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85068945479
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Bonacich et al., supra note 33, at 3, 6-7
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Following these strategies, Asian newly industrializing countries have moved from labor-intensive manufacturing to more capital-intensive, high-technology stages of production. Bonacich et al., supra note 33, at 3, 6-7.
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65
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85068947649
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Bonacich & Waller, supra note 32, at 80
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Bonacich & Waller, supra note 32, at 80.
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66
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0003025383
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Who Is US?
-
Jan./Feb.
-
The ability of highly mobile capital to seek out workers in countries around the world heightens insecurity and anxiety among U.S. workers who see themselves in competition with other workers around the globe. Moreover, in developing countries, the production of goods for export to destinations such as the United States has created a perceived "crisis in imports" - a fear that the U.S. market is being flooded with imports that compete with "American-made" goods. Id. at 100. In reality, "American-made" is an ambiguous term, given that U.S. garment manufacturers and retailers produce goods offshore for import back to the United States. See id. Also, the U.S. government plays an active role in encouraging offshore production to assist U.S. firms in becoming "more competitive" in global production through trade policies, financial assistance, and state-to-state aid. Id. at 88-89; see also Robert Reich. Who Is US?, HARV. Bus. REV., Jan./Feb. 1990, at 53; Robert Reich, Who Is Them?, HARV. BUS. REV., Mar./Apr. 1991, at 77 (problematizing complexities resulting from U.S. companies' hiring foreign workers overseas and foreign companies' hiring and training U.S. workers in the United States).
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(1990)
Harv. Bus. Rev.
, pp. 53
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-
Reich, R.1
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67
-
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0002120618
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Who Is Them?
-
Mar./Apr.
-
The ability of highly mobile capital to seek out workers in countries around the world heightens insecurity and anxiety among U.S. workers who see themselves in competition with other workers around the globe. Moreover, in developing countries, the production of goods for export to destinations such as the United States has created a perceived "crisis in imports" - a fear that the U.S. market is being flooded with imports that compete with "American-made" goods. Id. at 100. In reality, "American-made" is an ambiguous term, given that U.S. garment manufacturers and retailers produce goods offshore for import back to the United States. See id. Also, the U.S. government plays an active role in encouraging offshore production to assist U.S. firms in becoming "more competitive" in global production through trade policies, financial assistance, and state-to-state aid. Id. at 88-89; see also Robert Reich. Who Is US?, HARV. Bus. REV., Jan./Feb. 1990, at 53; Robert Reich, Who Is Them?, HARV. BUS. REV., Mar./Apr. 1991, at 77 (problematizing complexities resulting from U.S. companies' hiring foreign workers overseas and foreign companies' hiring and training U.S. workers in the United States).
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(1991)
Harv. Bus. Rev.
, pp. 77
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Reich, R.1
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68
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85068954083
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Bonacich et al., supra note 33, at 7
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Bonacich et al., supra note 33, at 7.
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69
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0003844861
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See SASKIA SASSEN, THE MOBILITY OF LABOR AND CAPITAL: A STUDY IN INTERNATIONAL INVESTMENT AND LABOR FLOW (1988). Dislocations occur both because TNCs displace local industry - for instance, agribusiness displaces peasants - and because austerity measures widen the wage gap between advanced-industrialized countries and developing nations, making the former even more attractive. Political refugees are also among those emigrating, frequently from countries where the U.S. government has supported repressive political regimes. Bonacich et al., supra note 33, at 3, 7.
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(1988)
The Mobility of Labor and Capital: A Study in International Investment and Labor Flow
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Sassen, S.1
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70
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85068952536
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Bonacich et al., supra note 33, at 3, 7
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See SASKIA SASSEN, THE MOBILITY OF LABOR AND CAPITAL: A STUDY IN INTERNATIONAL INVESTMENT AND LABOR FLOW (1988). Dislocations occur both because TNCs displace local industry - for instance, agribusiness displaces peasants - and because austerity measures widen the wage gap between advanced-industrialized countries and developing nations, making the former even more attractive. Political refugees are also among those emigrating, frequently from countries where the U.S. government has supported repressive political regimes. Bonacich et al., supra note 33, at 3, 7.
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71
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Bonacich et al., supra note 33, at 5
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See Bonacich et al., supra note 33, at 5 ("The TNCs are supranational actors that make decisions on the basis of profit-making criteria without input from representative governments.").
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72
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85068948622
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Of Restraints upon the Importation from Foreign Countries of such Goods as can be Produced at Home
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bk. IV, ch. 11 Edwin Cannan ed., Modern Library (1776)
-
Free traders, applying the Ricardian model of comparative advantages, believe that opening up trade enables each country to optimize its scarce resources by specializing production in an area in which it already has a "natural" advantage. See Adam Smith, Of Restraints upon the Importation from Foreign Countries of such Goods as can be Produced at Home, THE WEALTH OF NATIONS (bk. IV, ch. 11) (Edwin Cannan ed., Modern Library 1937) (1776). Under this theory, each country reaps the benefits of its own economic potential, maximizing global wealth in the process. Following World War II, "the GATT became the embodiment of free trade theory," with the United States, United Kingdom, and Netherlands particularly eager to embrace it as the paradigm for formulating state trade policy. Winfried Ruigrok, Paradigm Crisis in International Trade Theory, 25 J. WORLD TRADE 77, 77-78 (1991). For critiques of free trade, see id. (describing strategic trade theory that questions whether comparative advantages are inherent or created); FRÖBEL ET AL., supra note 33; Bonacich et al., supra note 33, at 8-12. In contrast to free traders, protectionists contend that certain industries and their workers should be sheltered from unfettered competition. Protectionists advocate shielding both "sunset" industries whose existence is threatened by the import of goods produced more cheaply abroad, and also emerging industries that need to be nurtured and protected in their infancy. Such an approach, it is argued, is needed to soften the economic stress created by massive shifts in capital resulting from the globalization of trade. Critics of this approach warn that picking industrial winners and losers depends too heavily on the judgments of bureaucrats who, in micromanaging economic policy, may make short-sighted decisions or be vulnerable to political patronage. Moreover, while protectionism is geared toward protecting jobs "at home," such an approach is based on false assumptions about what are, for example, "American-made" goods. See generally Reich, Who Is US?, supra note 38 (questioning the concept of "American-made"). More generally, this approach fails to acknowledge the interconnectedness of what is global and what is local. The conventional dichotomy between free trade and protectionism is becoming obsolete. So long as sovereign states promote different types of laws, policies, practices, and products - differences that could each be seen as trade barriers - the notion that complete free trade can ever exist is absurd. See Ruigrok, supra, at 82. Once understood as stylized oppositions, rather than as substantive ones, the free trade/protectionist dichotomy fails to provide a framework that protects worker rights in a globalizing economy.
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(1937)
The Wealth of Nations
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Smith, A.1
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73
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5544312591
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Paradigm Crisis in International Trade Theory
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Free traders, applying the Ricardian model of comparative advantages, believe that opening up trade enables each country to optimize its scarce resources by specializing production in an area in which it already has a "natural" advantage. See Adam Smith, Of Restraints upon the Importation from Foreign Countries of such Goods as can be Produced at Home, THE WEALTH OF NATIONS (bk. IV, ch. 11) (Edwin Cannan ed., Modern Library 1937) (1776). Under this theory, each country reaps the benefits of its own economic potential, maximizing global wealth in the process. Following World War II, "the GATT became the embodiment of free trade theory," with the United States, United Kingdom, and Netherlands particularly eager to embrace it as the paradigm for formulating state trade policy. Winfried Ruigrok, Paradigm Crisis in International Trade Theory, 25 J. WORLD TRADE 77, 77-78 (1991). For critiques of free trade, see id. (describing strategic trade theory that questions whether comparative advantages are inherent or created); FRÖBEL ET AL., supra note 33; Bonacich et al., supra note 33, at 8-12. In contrast to free traders, protectionists contend that certain industries and their workers should be sheltered from unfettered competition. Protectionists advocate shielding both "sunset" industries whose existence is threatened by the import of goods produced more cheaply abroad, and also emerging industries that need to be nurtured and protected in their infancy. Such an approach, it is argued, is needed to soften the economic stress created by massive shifts in capital resulting from the globalization of trade. Critics of this approach warn that picking industrial winners and losers depends too heavily on the judgments of bureaucrats who, in micromanaging economic policy, may make short-sighted decisions or be vulnerable to political patronage. Moreover, while protectionism is geared toward protecting jobs "at home," such an approach is based on false assumptions about what are, for example, "American-made" goods. See generally Reich, Who Is US?, supra note 38 (questioning the concept of "American-made"). More generally, this approach fails to acknowledge the interconnectedness of what is global and what is local. The conventional dichotomy between free trade and protectionism is becoming obsolete. So long as sovereign states promote different types of laws, policies, practices, and products - differences that could each be seen as trade barriers - the notion that complete free trade can ever exist is absurd. See Ruigrok, supra, at 82. Once understood as stylized oppositions, rather than as substantive ones, the free trade/protectionist dichotomy fails to provide a framework that protects worker rights in a globalizing economy.
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(1991)
J. World Trade
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Ruigrok, W.1
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FRÖBEL ET AL., supra note 33; Bonacich et al., supra note 33, at 8-12
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Free traders, applying the Ricardian model of comparative advantages, believe that opening up trade enables each country to optimize its scarce resources by specializing production in an area in which it already has a "natural" advantage. See Adam Smith, Of Restraints upon the Importation from Foreign Countries of such Goods as can be Produced at Home, THE WEALTH OF NATIONS (bk. IV, ch. 11) (Edwin Cannan ed., Modern Library 1937) (1776). Under this theory, each country reaps the benefits of its own economic potential, maximizing global wealth in the process. Following World War II, "the GATT became the embodiment of free trade theory," with the United States, United Kingdom, and Netherlands particularly eager to embrace it as the paradigm for formulating state trade policy. Winfried Ruigrok, Paradigm Crisis in International Trade Theory, 25 J. WORLD TRADE 77, 77-78 (1991). For critiques of free trade, see id. (describing strategic trade theory that questions whether comparative advantages are inherent or created); FRÖBEL ET AL., supra note 33; Bonacich et al., supra note 33, at 8-12. In contrast to free traders, protectionists contend that certain industries and their workers should be sheltered from unfettered competition. Protectionists advocate shielding both "sunset" industries whose existence is threatened by the import of goods produced more cheaply abroad, and also emerging industries that need to be nurtured and protected in their infancy. Such an approach, it is argued, is needed to soften the economic stress created by massive shifts in capital resulting from the globalization of trade. Critics of this approach warn that picking industrial winners and losers depends too heavily on the judgments of bureaucrats who, in micromanaging economic policy, may make short-sighted decisions or be vulnerable to political patronage. Moreover, while protectionism is geared toward protecting jobs "at home," such an approach is based on false assumptions about what are, for example, "American-made" goods. See generally Reich, Who Is US?, supra note 38 (questioning the concept of "American-made"). More generally, this approach fails to acknowledge the interconnectedness of what is global and what is local. The conventional dichotomy between free trade and protectionism is becoming obsolete. So long as sovereign states promote different types of laws, policies, practices, and products - differences that could each be seen as trade barriers - the notion that complete free trade can ever exist is absurd. See Ruigrok, supra, at 82. Once understood as stylized oppositions, rather than as substantive ones, the free trade/protectionist dichotomy fails to provide a framework that protects worker rights in a globalizing economy.
-
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75
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85068945139
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-
supra note 38
-
Free traders, applying the Ricardian model of comparative advantages, believe that opening up trade enables each country to optimize its scarce resources by specializing production in an area in which it already has a "natural" advantage. See Adam Smith, Of Restraints upon the Importation from Foreign Countries of such Goods as can be Produced at Home, THE WEALTH OF NATIONS (bk. IV, ch. 11) (Edwin Cannan ed., Modern Library 1937) (1776). Under this theory, each country reaps the benefits of its own economic potential, maximizing global wealth in the process. Following World War II, "the GATT became the embodiment of free trade theory," with the United States, United Kingdom, and Netherlands particularly eager to embrace it as the paradigm for formulating state trade policy. Winfried Ruigrok, Paradigm Crisis in International Trade Theory, 25 J. WORLD TRADE 77, 77-78 (1991). For critiques of free trade, see id. (describing strategic trade theory that questions whether comparative advantages are inherent or created); FRÖBEL ET AL., supra note 33; Bonacich et al., supra note 33, at 8-12. In contrast to free traders, protectionists contend that certain industries and their workers should be sheltered from unfettered competition. Protectionists advocate shielding both "sunset" industries whose existence is threatened by the import of goods produced more cheaply abroad, and also emerging industries that need to be nurtured and protected in their infancy. Such an approach, it is argued, is needed to soften the economic stress created by massive shifts in capital resulting from the globalization of trade. Critics of this approach warn that picking industrial winners and losers depends too heavily on the judgments of bureaucrats who, in micromanaging economic policy, may make short-sighted decisions or be vulnerable to political patronage. Moreover, while protectionism is geared toward protecting jobs "at home," such an approach is based on false assumptions about what are, for example, "American-made" goods. See generally Reich, Who Is US?, supra note 38 (questioning the concept of "American-made"). More generally, this approach fails to acknowledge the interconnectedness of what is global and what is local. The conventional dichotomy between free trade and protectionism is becoming obsolete. So long as sovereign states promote different types of laws, policies, practices, and products - differences that could each be seen as trade barriers - the notion that complete free trade can ever exist is absurd. See Ruigrok, supra, at 82. Once understood as stylized oppositions, rather than as substantive ones, the free trade/protectionist dichotomy fails to provide a framework that protects worker rights in a globalizing economy.
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Reich1
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77
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85068949228
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Id. at 27. The creation of transnational solidarity along gender lines poses the question regarding how to deploy identity-based affiliations that are useful bases for organizing without eliding difference. For a criticism of how U.S. feminist legal analysis has used the identity "women" as a transnational suspect class, see Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993).
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Introduction to Scattered Hegemonies: Postmodernity and Transnational Feminist Practices
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Id. at 27. The creation of transnational solidarity along gender lines poses the question regarding how to deploy identity-based affiliations that are useful bases for organizing without eliding difference. For a criticism of how U.S. feminist legal analysis has used the identity "women" as a transnational suspect class, see Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993).
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Grewal & Kaplan, supra note 43, at 27. While the universality of human rights has been questioned because of the dominant role the global North
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80
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84937305063
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The Vulnerable and Exploitable Immigrant Workforce and the Need for Strengthening Worker Protective Legislation
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See, e.g., R.M. Perlman, Inc. v. New York Coat, Suit. Dresses, Rainwear & Allied Workers' Union Loc. 89-22-1, 33 F.3d 145, 152 (2d Cir. 1994) (describing a system created by manufacturers of contracting work to outside contractors to avoid unionization and evade direct responsibility for workers): Jou-Jou Designs, Inc. v. International Ladies Garment Workers Union. 643 F.2d 905, 906 (2d Cir. 1977) (describing similar history); see also Lora Jo Foo, The Vulnerable and Exploitable Immigrant Workforce and the Need for Strengthening Worker Protective Legislation, 103 YALE L.J. 2179, 2185-88 (1994) (describing how subcontracting helps manufacturers reduce labor costs and feign ignorance of deplorable conditions in contract shops, while forcing contractors to accept extremely low contract prices, such that they cannot afford to pay minimum wage).
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June 10
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See, e.g., Bob Herbert, Nike's Pyramid Scheme, N.Y. TIMES, June 10, 1996, at A 17 (commenting on Nike's move from Indonesia, where minimum wage was just raised to $2.20 per day, to Vietnam, where workers earn $30 per month'. "What's next? Employees who'll work for a bowl of gruel?").
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(1996)
N.Y. Times
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Herbert, B.1
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82
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85068952729
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note
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The NLRA's secondary boycott prohibition makes it an unfair labor practice for a labor organization or its agents: (i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or an industry affecting commerce to engage in. a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services, or (ii) to threaten, coerce, or restrain any person engaged in commerce or an industry affecting commerce, where in either case an object thereof is . . . (B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person. 29 U.S.C. § 158(b)(4)(B) (1994). The federal circuits are split on how and whether to apply the secondary boycott provisions extraterritorially. Compare Dowd v. International Longshoremen's Ass'n, AFL-CIO. 975 F.2d 779 (11th Cir. 1992) (applying secondary boycott provisions extraterritorially) with International Longshoremen's Ass'n v. NLRB, 56 F.3d 205 (D.C. Cir. 1995) (finding no extraterritorial jurisdiction).
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83
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note
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Most community and labor support organizations may evade the NLRA restrictions. Support for a cause, no matter how active it may become, does not rise to the level of representation unless it can be demonstrated that the organization in question is expressly or implicitly seeking to deal with the employer over matters affecting the employees. Center for United Labor Action, 219 N.L.R.B. 873 (1975).
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84
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note
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In Labor Union of Pico Korea, Ltd. v. Pico Prod., Inc., 968 F.2d 191 (2d Cir. 1992), however, the court rejected the claim by workers employed by a Korean subsidiary of an American corporation that they should be protected by § 301 of the Labor Management Relations Act because the actions complained of fell outside the territorial reach of the statute.
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85
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85068946400
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EEOC v. Arabian Amer. Oil Co., 499 U.S. 244 (1991)
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EEOC v. Arabian Amer. Oil Co., 499 U.S. 244 (1991).
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86
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12144250481
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See 42 U.S.C. § 2000e(f) (1994) (defining a covered "employee" to include U.S. citizens working abroad): Roy L. BROOKS ET AL., CIVIL RIGHTS LITIGATION CASES AND PERSPECTIVE 358 (1995). Title VII of the Civil Rights Act now applies extraterritorially in the absence of contrary foreign law. 42 U.S.C. § 2000e-1(b) (1994) (making it not unlawful for an employer "to take any action otherwise prohibited . . . with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer . . . to violate the law of the foreign country in which such workplace is located").
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Brooks, R.L.1
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supra note 26
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See Sex Discrimination in Maquiladoras, supra note 26 (discussing sexual harassment and pregnancy discrimination in maquilas).
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Sex Discrimination in Maquiladoras
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88
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0348247657
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U.N. Doc. ST/HR/1/Rev.1, U.N. Sales No. E.78.XIV.2
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For the full text of the documents composing the International Bill of Human Rights, see U.N. DIV. OF HUMAN RIGHTS, HUMAN RIGHTS: A COMPILATION OF INTERNATIONAL INSTRUMENTS at 1-15, U.N. Doc. ST/HR/1/Rev.1, U.N. Sales No. E.78.XIV.2 (1978).
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G.A. Res. 217A, U.N. Doc. A/810, at 71 (1948) [hereinafter Universal Declaration]
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G.A. Res. 217A, U.N. Doc. A/810, at 71 (1948) [hereinafter Universal Declaration].
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90
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85068953683
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G.A. Res. 2200A. U.N. GAOR, 21st Sess., Supp. No. 16, at 52-53, U.N. Doc. A/6316 (1968) [hereinafter ICCPR]
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G.A. Res. 2200A. U.N. GAOR, 21st Sess., Supp. No. 16, at 52-53, U.N. Doc. A/6316 (1968) [hereinafter ICCPR].
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91
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O.A. Res. 2200A, U.N. GAOR, 21st Sess., Supp. No. 16, at 49, U.N. Doc. A/6316 (1968) [hereinafter ICESCR]
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O.A. Res. 2200A, U.N. GAOR, 21st Sess., Supp. No. 16, at 49, U.N. Doc. A/6316 (1968) [hereinafter ICESCR].
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85068949026
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Universal Declaration, supra note 55, art. 4; ICCPR, supra note 56, art. 8
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Universal Declaration, supra note 55, art. 4; ICCPR, supra note 56, art. 8.
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93
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Universal Declaration, supra note 55, arts. 19, 20, 23; ICCPR, supra note 56, art. 22; ICESCR. supra note 57, art. 8
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Universal Declaration, supra note 55, arts. 19, 20, 23; ICCPR, supra note 56, art. 22; ICESCR. supra note 57, art. 8.
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94
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85068948177
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Universal Declaration, supra note 55, art. 23; ICESCR, supra note 57, art. 7
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Universal Declaration, supra note 55, art. 23; ICESCR, supra note 57, art. 7.
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See Karen Travis, Women in Global Production and Worker Rights Provisions in U.S. Trade Laws, 17 YALE J. INT'L L. 173, 173 n.2 (1992) (citing INT'L LABOUR ORG., INTERNATIONAL LABOUR CONVENTIONS AND RECOMMENDATIONS: 1919-1981, at 1, 7, 42, 49 (1982)).
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International labor law standards are reflected in a number of U.S. trade laws that include workers rights provisions, including the Caribbean Basin Economic Recovery Act, 19 U.S.C. §§ 2701, 2702(c)(8) (1994), the Generalized System of Preferences, 19 U.S.C. §§ 2461, 2462(b)(7) (1994), the Overseas Private Investment Corporation, 22 U.S.C. §§ 2191, 2191a(a) (1994), and Section 301 of the Trade Act, 19 U.S.C. §§ 2411-2420, 241 1(d)(3)(B)(iii) (1994). For discussion of these trade laws, see Travis, supra note 61.
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Going Multilateral: The Evolution of U.S. Hemispheric Labor Rights Policy under GSP and NAFTA
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19 U.S.C. § 2462(b)(7) (1994).
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102
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85068953560
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W. § 2642(a)(4)
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W. § 2642(a)(4).
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85068952092
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15 C.F.R. § 2007, 2007.0(b) (1996).
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104
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85068953673
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Travis, supra note 61, at 183
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Travis, supra note 61, at 183.
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85068954951
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Id.
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Id.
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106
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85068945343
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note
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Some BDCs include Bangladesh, the Dominican Republic, Guatemala, El Salvador, and Haiti. Id.
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85068948148
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Ehrenberg, supra note 62, at 393-96
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Ehrenberg, supra note 62, at 393-96.
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108
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85068949985
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See Travis, supra note 61, at 174
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See Travis, supra note 61, at 174.
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110
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Whar Does the WTO Portend for Textiles and Apparel?
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Aug. 1
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The signatories to the MFA have agreed that the arrangement will be phased out over a ten-year period ending in 2005. See James A. Morrissey, Whar Does the WTO Portend for Textiles and Apparel?, TEXTILE WORLD, Aug. 1. 1995, at 45.
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Morrissey, J.A.1
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G.A.O., supra note 74, at 151
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G.A.O., supra note 74, at 151. Because the phase-out will be limited to member countries of the WTO, bilateral agreements with non-WTO countries such as China, which supplies up to 40% of US imports, would continue. See Uruguay Round GATT Agreement: Hearings on S.2467 Before the Senate Finance Comm., 104th Cong., 2d Sess. 3 (1994) (statement of Jack Sheinkman, President, ACTWU, AFL-CIO).
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112
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85068947569
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104th Cong., 2d Sess. 3 (statement of Jack Sheinkman, President, ACTWU, AFL-CIO)
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G.A.O., supra note 74, at 151. Because the phase-out will be limited to member countries of the WTO, bilateral agreements with non-WTO countries such as China, which supplies up to 40% of US imports, would continue. See Uruguay Round GATT Agreement: Hearings on S.2467 Before the Senate Finance Comm., 104th Cong., 2d Sess. 3 (1994) (statement of Jack Sheinkman, President, ACTWU, AFL-CIO).
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(1994)
Uruguay Round GATT Agreement: Hearings on S.2467 before the Senate Finance Comm.
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North American Agreement on Labor Cooperation, Sept. 14, 1993, U.S.-Can.-Mex., art. 1(b), H.R. Doc. No. 160, 103d Cong., 1st Sess. 48, 50, 32 I.L.M. 1502, 1503 (1993)
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North American Agreement on Labor Cooperation, Sept. 14, 1993, U.S.-Can.-Mex., art. 1(b), H.R. Doc. No. 160, 103d Cong., 1st Sess. 48, 50, 32 I.L.M. 1502, 1503 (1993).
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Id.
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Id.
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115
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Id. at annex 1, H.R. Doc. at 80-82, 32 I.L.M. at 1515-16
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Id. at annex 1, H.R. Doc. at 80-82, 32 I.L.M. at 1515-16.
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116
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North American Agreement on Labor Cooperation, supra note 77, arts. 4-5, 49, H.R. Doc. at 52, 76-78, 32 I.L.M. at 1503-04, 1513-14
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North American Agreement on Labor Cooperation, supra note 77, arts. 4-5, 49, H.R. Doc. at 52, 76-78, 32 I.L.M. at 1503-04, 1513-14.
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117
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Labor and the Global Economy: Four Approaches to Transnational Labor Regulation
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The Commission consists of a Secretariat and the labor minister of each state. See generally Katherine Van Wetzel Stone, Labor and the Global Economy: Four Approaches to Transnational Labor Regulation, 16 MICH. J. INT'L L. 987 (1995).
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Id. In the first two submissions, the U.S. NAO has already concluded that it was "not in a position to make a finding that the Government of Mexico failed to enforce the relevant labor laws." Richard Aim, Union Leaders Upset after Labor Complaints on Mexico Shunned, DALLAS MORNING NEWS, Oct. 14, 1994, at 1D. However, the value of the NAO procedures can be measured beyond the Office's formal findings, because the process forced the companies and the government to review their own actions. See Asra Q. Nomani, Sony Is Target in Rights Action Based on Nafta, WALL ST. J., Aug. 18, 1994, at A2.
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(1995)
U.S.-Mex. L.J.
, vol.3
, pp. 149
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Compa, L.1
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120
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Union Leaders Upset after Labor Complaints on Mexico Shunned
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Oct. 14
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Id. In the first two submissions, the U.S. NAO has already concluded that it was "not in a position to make a finding that the Government of Mexico failed to enforce the relevant labor laws." Richard Aim, Union Leaders Upset after Labor Complaints on Mexico Shunned, DALLAS MORNING NEWS, Oct. 14, 1994, at 1D. However, the value of the NAO procedures can be measured beyond the Office's formal findings, because the process forced the companies and the government to review their own actions. See Asra Q. Nomani, Sony Is Target in Rights Action Based on Nafta, WALL ST. J., Aug. 18, 1994, at A2.
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(1994)
Dallas Morning News
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Aim, R.1
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121
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Sony Is Target in Rights Action Based on Nafta
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Aug. 18
-
Id. In the first two submissions, the U.S. NAO has already concluded that it was "not in a position to make a finding that the Government of Mexico failed to enforce the relevant labor laws." Richard Aim, Union Leaders Upset after Labor Complaints on Mexico Shunned, DALLAS MORNING NEWS, Oct. 14, 1994, at 1D. However, the value of the NAO procedures can be measured beyond the Office's formal findings, because the process forced the companies and the government to review their own actions. See Asra Q. Nomani, Sony Is Target in Rights Action Based on Nafta, WALL ST. J., Aug. 18, 1994, at A2.
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(1994)
Wall St. J.
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Nomani, A.Q.1
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122
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85068948468
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U.S. Labor Making Use of Trade Accord It Fiercely Opposed
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Feb. 28
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Carey Goldberg, U.S. Labor Making Use of Trade Accord It Fiercely Opposed, N.Y. TIMES, Feb. 28, 1996, at A11.
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(1996)
N.Y. Times
-
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Goldberg, C.1
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123
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note
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The general secretary of the Telephone Workers' Union of Mexico noted: "This is the first time that a Mexican trade union initiates a legal action in support of the struggle of American workers . . . . It redefines the traditional patterns of international labor interaction." Id.
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note
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The Levi's code, for instance, states, "[W]e will not use contractors who, on a regularly scheduled basis, require in excess of a sixty-hour week. Employees should be allowed one day off in seven days." Levi Strauss & Co., Business Partner Terms of Engagement and Guidelines for Country Selection (1992) (on file with authors).
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Enforcing International Labor Rights Through Corporate Codes of Conduct
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On corporate codes of conduct, see generally Lance Compa & Tashia Hinchliffe-Darricarrere, Enforcing International Labor Rights Through Corporate Codes of Conduct, 33 COLUM. J. TRANSNAT'L L. 663 (1995), which examines several private-sector initiatives embracing codes of conduct for labor and employment practices in international commerce.
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(1995)
Colum. J. Transnat'l L.
, vol.33
, pp. 663
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Compa, L.1
Hinchliffe-Darricarrere, T.2
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126
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85068953828
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Levi Strauss & Co., supra note 86
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For example, the Levi's and Phillips-Van Heusen codes contain no specific enforcement provisions. See Levi Strauss & Co., supra note 86; Phillips-Van Heusen Corp., Statement of Corporate Responsibility (1992); see also SIMON BILLENNESS & KATE SIMPSON, THINKING GLOBALLY: FRANKLIN'S INSIGHT STUDY OF INTERNATIONAL CORPORATE RESPONSIBILITY (1992). J.C. Penney's "Foreign Sourcing Requirements" asks its associates and buying agents to "be watchful for the apparent use of prison or forced labor, or illegal child labor, or indications of inaccurate country-of-origin labeling." See Charles Kernaghan, A Call to Action/We Have More Power than We Realize, in THE U.S. IN HAITI: How TO GET RICH ON 11¢ AN HOUR 51, 60 (Nat'l Labor Comm. Educ. Fund 1996) [hereinafter THE U.S. IN HAITI] (citing J.C. Penney, Foreign Sourcing Requirements) (on file with authors). However, one contractor in Guatemala claims that J.C. Penney inspectors pass through almost daily but never ask about workers. See Bob Ortega, Conduct Codes Garner Goodwill for Retailers, But Violations Go On, WALL ST. J., July 3, 1995, at 1.
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For example, the Levi's and Phillips-Van Heusen codes contain no specific enforcement provisions. See Levi Strauss & Co., supra note 86; Phillips-Van Heusen Corp., Statement of Corporate Responsibility (1992); see also SIMON BILLENNESS & KATE SIMPSON, THINKING GLOBALLY: FRANKLIN'S INSIGHT STUDY OF INTERNATIONAL CORPORATE RESPONSIBILITY (1992). J.C. Penney's "Foreign Sourcing Requirements" asks its associates and buying agents to "be watchful for the apparent use of prison or forced labor, or illegal child labor, or indications of inaccurate country-of-origin labeling." See Charles Kernaghan, A Call to Action/We Have More Power than We Realize, in THE U.S. IN HAITI: How TO GET RICH ON 11¢ AN HOUR 51, 60 (Nat'l Labor Comm. Educ. Fund 1996) [hereinafter THE U.S. IN HAITI] (citing J.C. Penney, Foreign Sourcing Requirements) (on file with authors). However, one contractor in Guatemala claims that J.C. Penney inspectors pass through almost daily but never ask about workers. See Bob Ortega, Conduct Codes Garner Goodwill for Retailers, But Violations Go On, WALL ST. J., July 3, 1995, at 1.
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(1992)
Thinking Globally: Franklin's Insight Study of International Corporate Responsibility
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Billenness, S.1
Simpson, K.2
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128
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85068945819
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A Call to Action/We Have More Power than We Realize
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Nat'l Labor Comm. Educ. Fund [hereinafter THE U.S. IN HAITI] (citing J.C. Penney, Foreign Sourcing Requirements) (on file with authors)
-
For example, the Levi's and Phillips-Van Heusen codes contain no specific enforcement provisions. See Levi Strauss & Co., supra note 86; Phillips-Van Heusen Corp., Statement of Corporate Responsibility (1992); see also SIMON BILLENNESS & KATE SIMPSON, THINKING GLOBALLY: FRANKLIN'S INSIGHT STUDY OF INTERNATIONAL CORPORATE RESPONSIBILITY (1992). J.C. Penney's "Foreign Sourcing Requirements" asks its associates and buying agents to "be watchful for the apparent use of prison or forced labor, or illegal child labor, or indications of inaccurate country-of-origin labeling." See Charles Kernaghan, A Call to Action/We Have More Power than We Realize, in THE U.S. IN HAITI: How TO GET RICH ON 11¢ AN HOUR 51, 60 (Nat'l Labor Comm. Educ. Fund 1996) [hereinafter THE U.S. IN HAITI] (citing J.C. Penney, Foreign Sourcing Requirements) (on file with authors). However, one contractor in Guatemala claims that J.C. Penney inspectors pass through almost daily but never ask about workers. See Bob Ortega, Conduct Codes Garner Goodwill for Retailers, But Violations Go On, WALL ST. J., July 3, 1995, at 1.
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(1996)
The U.S. in Haiti: How to Get Rich on 11¢ an Hour
, pp. 51
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Kernaghan, C.1
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129
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6244253789
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Conduct Codes Garner Goodwill for Retailers, but Violations Go on
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July 3
-
For example, the Levi's and Phillips-Van Heusen codes contain no specific enforcement provisions. See Levi Strauss & Co., supra note 86; Phillips-Van Heusen Corp., Statement of Corporate Responsibility (1992); see also SIMON BILLENNESS & KATE SIMPSON, THINKING GLOBALLY: FRANKLIN'S INSIGHT STUDY OF INTERNATIONAL CORPORATE RESPONSIBILITY (1992). J.C. Penney's "Foreign Sourcing Requirements" asks its associates and buying agents to "be watchful for the apparent use of prison or forced labor, or illegal child labor, or indications of inaccurate country-of-origin labeling." See Charles Kernaghan, A Call to Action/We Have More Power than We Realize, in THE U.S. IN HAITI: How TO GET RICH ON 11¢ AN HOUR 51, 60 (Nat'l Labor Comm. Educ. Fund 1996) [hereinafter THE U.S. IN HAITI] (citing J.C. Penney, Foreign Sourcing Requirements) (on file with authors). However, one contractor in Guatemala claims that J.C. Penney inspectors pass through almost daily but never ask about workers. See Bob Ortega, Conduct Codes Garner Goodwill for Retailers, But Violations Go On, WALL ST. J., July 3, 1995, at 1.
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(1995)
Wall St. J.
, pp. 1
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Ortega, B.1
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130
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85068950989
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Ortega, supra note 88, at 1
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See Ortega, supra note 88, at 1 (describing lax or no enforcement). Some codes explicitly call for self-monitoring, and Levi's claims to have severed ties with five percent of its contractors as a result of such self-auditing. Of course, self-auditing and independent monitoring are very different species. See Which Side Are You On?, NATION, Aug. 8/15, 1994. at 146.
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Which Side Are You On?
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Aug. 8/15
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See Ortega, supra note 88, at 1 (describing lax or no enforcement). Some codes explicitly call for self-monitoring, and Levi's claims to have severed ties with five percent of its contractors as a result of such self-auditing. Of course, self-auditing and independent monitoring are very different species. See Which Side Are You On?, NATION, Aug. 8/15, 1994. at 146.
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(1994)
Nation
, pp. 146
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The U.S. in Haiti: How to Get Rich on 11¢ an Hour
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supra note 88
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See Eric Verhoogen. The U.S. in Haiti: How to Get Rich on 11¢ an Hour, in THE U.S. IN HAITI, supra note 88, at 1, 10 (citing Wal-Mart Stores, Inc., Standards of Vendor Partners) (on file with authors). To further assure proper implementation of and compliance with the standards set forth in this Memorandum of Understanding, Wal-Mart or a third party designated by Wal-Mart will undertake affirmative measures [to ensure standards such as adequate health and safety through] on-site inspection of production facilities, to implement and monitor said standards. Id. Nonetheless, independent investigation has discovered plants that sew for Wal-Mart to be hot, poorly lit, crowded, and cluttered, and to pay less than the minimum wage. See id.
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The U.S. in Haiti
, pp. 1
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Verhoogen, E.1
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Sweatshops behind the Labels
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May 16
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See Laurie Udesky, Sweatshops Behind the Labels, NATION, May 16, 1994, at 665 (criticizing so-called socially responsible companies for their hypocritical use of public relations tools such as community projects or conduct codes). The recent exposure of Kathie Lee Gifford's line of Wal-Mart clothing as having been sewn by child labor in Honduras has shown how successful advocates can be in exerting public pressure using these codes precisely because the companies use them to burnish their public images. See Cause Celeb: Two High-Profile Endorsers Are Props in a World Wide Debate over Sweatshops and the Use of Child Labor, TIME, June 17, 1996, at 28.
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(1994)
Nation
, pp. 665
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Udesky, L.1
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134
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0346918221
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Cause Celeb: Two High-Profile Endorsers Are Props in a World Wide Debate over Sweatshops and the Use of Child Labor
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June 17
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See Laurie Udesky, Sweatshops Behind the Labels, NATION, May 16, 1994, at 665 (criticizing so-called socially responsible companies for their hypocritical use of public relations tools such as community projects or conduct codes). The recent exposure of Kathie Lee Gifford's line of Wal-Mart clothing as having been sewn by child labor in Honduras has shown how successful advocates can be in exerting public pressure using these codes precisely because the companies use them to burnish their public images. See Cause Celeb: Two High-Profile Endorsers Are Props in a World Wide Debate over Sweatshops and the Use of Child Labor, TIME, June 17, 1996, at 28.
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(1996)
Time
, pp. 28
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135
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Sweatshop Victory
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Dec. 22
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See Bob Herbert, Sweatshop Victory; N.Y. TIMES, Dec. 22, 1995, at A39. The Gap's acquiescence occurred after a nationwide campaign involving a U.S. tour of two teenage workers, one from El Salvador and the other from Honduras, where each had sewn clothes for U.S. retailers and manufacturers. One of the teenagers, along with her 350 coworkers, s fired after attempting to unionize in the face of 12-hour and sometimes 21-hour weekend shifts, and pay of 18 cents for every $20 Gap shirt she sewed. See Bob Herbert, Sweatshop Beneficiaries: How to Get Rich on 56 Cents an Hour, N.Y. TIMES, July 24, 1995, at A 13.
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(1995)
N.Y. Times
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Herbert, B.1
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136
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Sweatshop Beneficiaries: How to Get Rich on 56 Cents an Hour
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July 24
-
See Bob Herbert, Sweatshop Victory; N.Y. TIMES, Dec. 22, 1995, at A39. The Gap's acquiescence occurred after a nationwide campaign involving a U.S. tour of two teenage workers, one from El Salvador and the other from Honduras, where each had sewn clothes for U.S. retailers and manufacturers. One of the teenagers, along with her 350 coworkers, s fired after attempting to unionize in the face of 12-hour and sometimes 21-hour weekend shifts, and pay of 18 cents for every $20 Gap shirt she sewed. See Bob Herbert, Sweatshop Beneficiaries: How to Get Rich on 56 Cents an Hour, N.Y. TIMES, July 24, 1995, at A 13.
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(1995)
N.Y. Times
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-
Herbert, B.1
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137
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85068949256
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(Clean Clothes Campaign, Amsterdam, Neth.), (on file with authors)
-
The Clean Clothes Campaign, which has been seeking to pressure large Dutch retailers to sign a code of conduct, notes that if a company that signed its code is found to subcontract to a factory that violates basic worker rights, the Dutch company cannot withdraw from the factory, but must use its influence with factory management to improve working conditions. See Information Leaflet for Asian Labour Groups (Clean Clothes Campaign, Amsterdam, Neth.), 1995 (on file with authors).
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(1995)
Information Leaflet for Asian Labour Groups
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138
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Charles Kernaghan, supra note 88, at 62
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If the Salvadoran plant run by Mandarin refuses to reinstate the fired workers, the Gap will sever its relations with Mandarin and establish a job training fund for the fired workers. The NLC will launch a full scale investigation of Mandarin's worldwide operations, and an effort will be made to prohibit temporarily entry to the United States of any goods produced by Mandarin until an investigation is conducted. See Charles Kernaghan, supra note 88, at 62.
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139
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85068948729
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note
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The Mandarin plant will be monitored by human rights observers from the Salvadoran Human Rights Ombudsman's Office. The Gap code of conduct will be posted in every plant producing under contract for the Gap. Id.
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140
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85068947562
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Apparel Unions "UNITE" to Survive
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Feb. 21
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In 1995, ILGWU and ACTWU merged to form UNITE, a 355,000-member organization. See Arthur Friedman, Apparel Unions "UNITE" to Survive, WOMEN'S WEAR DAILY, Feb. 21, 1995, at 10.
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(1995)
Women's Wear Daily
, pp. 10
-
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Friedman, A.1
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141
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85068947815
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(Int'l Ladies Garment Workers Union, New York, N.Y.), (on file with authors)
-
Code of Conduct for Overseas Vendors (Int'l Ladies Garment Workers Union, New York, N.Y.), 1995, at 4-5 (on file with authors).
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(1995)
Code of Conduct for Overseas Vendors
, pp. 4-5
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-
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142
-
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85068949119
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Id. at 5 ("An employer shall make every reasonable effort to insure that its vendors comply with this code, which may include termination of the employer's relationship with the vendor.").
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Code of Conduct for Overseas Vendors
, pp. 5
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-
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144
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85068947512
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Unite Calls for Drastic Reform of Apparel Industry Through National Partnership for Responsibility
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Sept. 11
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Unite Calls for Drastic Reform of Apparel Industry Through National Partnership for Responsibility, BUSINESS WIRE, Sept. 11, 1995.
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(1995)
Business Wire
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-
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145
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85068944922
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BILLENNESS & SIMPSON, supra note 88, at 9-10
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BILLENNESS & SIMPSON, supra note 88, at 9-10.
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146
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85068948764
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See id.
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See id. ("Companies are reluctant to act on [the Coalition for Justice in the Maquiladoras Standards of Conduct] because they fear such action would be an admission of culpability, and therefore liability.").
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147
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85068945795
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supra note 93, Proposal on Retailer Responsibility (Sweatshop Watch, S.F, Cal.), Dec.
-
Other community-labor codes include the Dutch Fair Trade Charter for garments, based on ILO principles and developed by the Clean Clothes Campaign, and the Retailer Code of Conduct, developed in response to El Monte by the California-based Sweatshop Watch. Information Leaflet for Asian Labour Groups, supra note 93, at 1; Proposal on Retailer Responsibility (Sweatshop Watch, S.F, Cal.), Dec. 1995.
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(1995)
Information Leaflet for Asian Labour Groups
, pp. 1
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0040952742
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We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change
-
Global economic restructuring has also affected methods of organizing within the United States. For example, both UNITE and independent workers' centers, through the creation of workers' centers based in communities where workers live and work, have attempted to position themselves to challenge broader social structures that affect workers. The independent workers' centers organize across trades and industries and are run by their membership. They focus attention on the economic, social, and political concerns of their members, which are addressed through workplace literacy classes, cross-trade picketing support, child care, and legal assistance. The legal assistance that workers receive at many of these centers is structured to avoid the traditional hierarchy between attorney and client and to combat the way receipt of legal services tends to provide individualized solutions for community problems rather than support organizing efforts. Many workers centers require workers who desire legal services to participate actively in their cases, organize other workers at their workplace, attend a workers course, join a workers committee, or participate in a campaign or event sponsored by the organization. See Jennifer Gordon, We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change, 30 HARV. C.R.-C.L. L. REV. 407, 437-45 (1995) (describing problems with traditional legal assistance and Workplace Project legal clinic model). Independent workers centers that organize rment workers include Asian Immigrant Women Advocates and Korean Immigrant Worker Advocates in California, Chinese Staff and Workers' Association and the Latino Workers' Center in New York, Fuerza Unida and La Mujer Obrera in Texas, as well as a planned center in Mexico. See Zia, supra note 28, at 73. The UNITE workers centers are specifically intended to organize immigrant garment workers and to offer classes, legal assistance, and a form of associate membership. See Kenneth C. Crowe, Union's Influence Has Waned but ILGWU Still Committed to Helping Immigrant Workers, NEWSDAY, Feb. 21, 1995, at A32. Another strategy of UNITE, in response to the offshore movement of garment jobs, is to find a niche in the global market, either through specializing in the production of higher quality clothes or through organizing sectors of the industry that are less likely to move overseas. Interview with Katie Quan, Manager, Pacific Northwest District Council of UNITE, in S.F., Cal. (June 5, 1996). An additional strategy, rapid production, has been pursued by organizing groups to maintain worker agency in the workplace. For example, in California, Garment 2000, an alliance between manufacturers, contractors, and organized labor, has implemented a modular system where workers operate in teams, controlling their own schedules and production decisions. Each worker is trained to operate all machines, and the team produces one garment from start to finish, allowing for much faster production. See Steven Chin, New Pattern for Apparel Makers, S.F. EXAMINER, June 25, 1995, at B1.
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(1995)
Harv. C.R.-C.L. L. Rev.
, vol.30
, pp. 407
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Gordon, J.1
-
149
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85068945781
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Zia, supra note 28, at 73
-
Global economic restructuring has also affected methods of organizing within the United States. For example, both UNITE and independent workers' centers, through the creation of workers' centers based in communities where workers live and work, have attempted to position themselves to challenge broader social structures that affect workers. The independent workers' centers organize across trades and industries and are run by their membership. They focus attention on the economic, social, and political concerns of their members, which are addressed through workplace literacy classes, cross-trade picketing support, child care, and legal assistance. The legal assistance that workers receive at many of these centers is structured to avoid the traditional hierarchy between attorney and client and to combat the way receipt of legal services tends to provide individualized solutions for community problems rather than support organizing efforts. Many workers centers require workers who desire legal services to participate actively in their cases, organize other workers at their workplace, attend a workers course, join a workers committee, or participate in a campaign or event sponsored by the organization. See Jennifer Gordon, We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change, 30 HARV. C.R.-C.L. L. REV. 407, 437-45 (1995) (describing problems with traditional legal assistance and Workplace Project legal clinic model). Independent workers centers that organize rment workers include Asian Immigrant Women Advocates and Korean Immigrant Worker Advocates in California, Chinese Staff and Workers' Association and the Latino Workers' Center in New York, Fuerza Unida and La Mujer Obrera in Texas, as well as a planned center in Mexico. See Zia, supra note 28, at 73. The UNITE workers centers are specifically intended to organize immigrant garment workers and to offer classes, legal assistance, and a form of associate membership. See Kenneth C. Crowe, Union's Influence Has Waned but ILGWU Still Committed to Helping Immigrant Workers, NEWSDAY, Feb. 21, 1995, at A32. Another strategy of UNITE, in response to the offshore movement of garment jobs, is to find a niche in the global market, either through specializing in the production of higher quality clothes or through organizing sectors of the industry that are less likely to move overseas. Interview with Katie Quan, Manager, Pacific Northwest District Council of UNITE, in S.F., Cal. (June 5, 1996). An additional strategy, rapid production, has been pursued by organizing groups to maintain worker agency in the workplace. For example, in California, Garment 2000, an alliance between manufacturers, contractors, and organized labor, has implemented a modular system where workers operate in teams, controlling their own schedules and production decisions. Each worker is trained to operate all machines, and the team produces one garment from start to finish, allowing for much faster production. See Steven Chin, New Pattern for Apparel Makers, S.F. EXAMINER, June 25, 1995, at B1.
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150
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Union's Influence Has Waned but ILGWU Still Committed to Helping Immigrant Workers
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Feb. 21
-
Global economic restructuring has also affected methods of organizing within the United States. For example, both UNITE and independent workers' centers, through the creation of workers' centers based in communities where workers live and work, have attempted to position themselves to challenge broader social structures that affect workers. The independent workers' centers organize across trades and industries and are run by their membership. They focus attention on the economic, social, and political concerns of their members, which are addressed through workplace literacy classes, cross-trade picketing support, child care, and legal assistance. The legal assistance that workers receive at many of these centers is structured to avoid the traditional hierarchy between attorney and client and to combat the way receipt of legal services tends to provide individualized solutions for community problems rather than support organizing efforts. Many workers centers require workers who desire legal services to participate actively in their cases, organize other workers at their workplace, attend a workers course, join a workers committee, or participate in a campaign or event sponsored by the organization. See Jennifer Gordon, We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change, 30 HARV. C.R.-C.L. L. REV. 407, 437-45 (1995) (describing problems with traditional legal assistance and Workplace Project legal clinic model). Independent workers centers that organize rment workers include Asian Immigrant Women Advocates and Korean Immigrant Worker Advocates in California, Chinese Staff and Workers' Association and the Latino Workers' Center in New York, Fuerza Unida and La Mujer Obrera in Texas, as well as a planned center in Mexico. See Zia, supra note 28, at 73. The UNITE workers centers are specifically intended to organize immigrant garment workers and to offer classes, legal assistance, and a form of associate membership. See Kenneth C. Crowe, Union's Influence Has Waned but ILGWU Still Committed to Helping Immigrant Workers, NEWSDAY, Feb. 21, 1995, at A32. Another strategy of UNITE, in response to the offshore movement of garment jobs, is to find a niche in the global market, either through specializing in the production of higher quality clothes or through organizing sectors of the industry that are less likely to move overseas. Interview with Katie Quan, Manager, Pacific Northwest District Council of UNITE, in S.F., Cal. (June 5, 1996). An additional strategy, rapid production, has been pursued by organizing groups to maintain worker agency in the workplace. For example, in California, Garment 2000, an alliance between manufacturers, contractors, and organized labor, has implemented a modular system where workers operate in teams, controlling their own schedules and production decisions. Each worker is trained to operate all machines, and the team produces one garment from start to finish, allowing for much faster production. See Steven Chin, New Pattern for Apparel Makers, S.F. EXAMINER, June 25, 1995, at B1.
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(1995)
Newsday
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Crowe, K.C.1
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151
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New Pattern for Apparel Makers
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June 25
-
Global economic restructuring has also affected methods of organizing within the United States. For example, both UNITE and independent workers' centers, through the creation of workers' centers based in communities where workers live and work, have attempted to position themselves to challenge broader social structures that affect workers. The independent workers' centers organize across trades and industries and are run by their membership. They focus attention on the economic, social, and political concerns of their members, which are addressed through workplace literacy classes, cross-trade picketing support, child care, and legal assistance. The legal assistance that workers receive at many of these centers is structured to avoid the traditional hierarchy between attorney and client and to combat the way receipt of legal services tends to provide individualized solutions for community problems rather than support organizing efforts. Many workers centers require workers who desire legal services to participate actively in their cases, organize other workers at their workplace, attend a workers course, join a workers committee, or participate in a campaign or event sponsored by the organization. See Jennifer Gordon, We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change, 30 HARV. C.R.-C.L. L. REV. 407, 437-45 (1995) (describing problems with traditional legal assistance and Workplace Project legal clinic model). Independent workers centers that organize rment workers include Asian Immigrant Women Advocates and Korean Immigrant Worker Advocates in California, Chinese Staff and Workers' Association and the Latino Workers' Center in New York, Fuerza Unida and La Mujer Obrera in Texas, as well as a planned center in Mexico. See Zia, supra note 28, at 73. The UNITE workers centers are specifically intended to organize immigrant garment workers and to offer classes, legal assistance, and a form of associate membership. See Kenneth C. Crowe, Union's Influence Has Waned but ILGWU Still Committed to Helping Immigrant Workers, NEWSDAY, Feb. 21, 1995, at A32. Another strategy of UNITE, in response to the offshore movement of garment jobs, is to find a niche in the global market, either through specializing in the production of higher quality clothes or through organizing sectors of the industry that are less likely to move overseas. Interview with Katie Quan, Manager, Pacific Northwest District Council of UNITE, in S.F., Cal. (June 5, 1996). An additional strategy, rapid production, has been pursued by organizing groups to maintain worker agency in the workplace. For example, in California, Garment 2000, an alliance between manufacturers, contractors, and organized labor, has implemented a modular system where workers operate in teams, controlling their own schedules and production decisions. Each worker is trained to operate all machines, and the team produces one garment from start to finish, allowing for much faster production. See Steven Chin, New Pattern for Apparel Makers, S.F. EXAMINER, June 25, 1995, at B1.
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(1995)
S.F. Examiner
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Chin, S.1
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152
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11744273147
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Organizing Women in New York's Chinatown: An Interview with Katie Quan
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Dorothy Sue Cobble ed.
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For a description of this tactic, see Ruth Milkman, Organizing Women in New York's Chinatown: An Interview with Katie Quan, in WOMEN AND UNIONS: FORGING A PARTNERSHIP 297 (Dorothy Sue Cobble ed., 1993).
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(1993)
Women and Unions: Forging a Partnership
, pp. 297
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Milkman, R.1
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153
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85068954172
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Letter from Robin Alexander, Director of International Labor Affairs, United Electrical, Radio and Machine Workers of America (Jan. 1995) (on file with authors)
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See Letter from Robin Alexander, Director of International Labor Affairs, United Electrical, Radio and Machine Workers of America (Jan. 1995) (on file with authors) (describing new Strategic Organizing Alliance initiated by the United Electrical, Radio and Machine Workers of America and the Frente Autentico del Trabajo of Mexico).
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154
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85068948623
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Massive Rally, March in Garment Center Support Striking Leslie Fay Workers
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June 9
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See Massive Rally, March in Garment Center Support Striking Leslie Fay Workers, BUSINESS WIRE, June 9, 1994.
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(1994)
Business Wire
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155
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85068951253
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U.S.-Mexico Free Trade from the Bottom: A Postcard from the Border
-
See Fran Ansley, U.S.-Mexico Free Trade from the Bottom: A Postcard from the Border, 1 TEX. J. WOMEN & L. 193 (1992).
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(1992)
Tex. J. Women & L.
, vol.1
, pp. 193
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Ansley, F.1
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156
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85068946621
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AIWA Attends Congress of Working Women in El Paso, Texas
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Asian Immigrant Women Advocates, Cal., Nov.
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Upon returning from their workers' exchange, AIWA Workers' Board members wrote: The women workers in El Paso, Dallas and New Mexico have the same problems we do. We did not know the history of people could be so full of suffering. You can hear the facts, but it is difficult to understand the emotions, to translate the suffering. We all need human rights as minority people. AIWA Attends Congress of Working Women in El Paso, Texas, AIWA NEWSL. (Asian Immigrant Women Advocates, Cal.), Nov. 1989, at 1-2.
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(1989)
Aiwa Newsl.
, pp. 1-2
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157
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85068952585
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See supra notes 92-95 and accompanying text
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See supra notes 92-95 and accompanying text.
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158
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85068949526
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Neighborhood Watch: U.S.-Mexican Labor Alliance Helps Workers Fight Environmental Hazards
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May 26-June 1
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Support Committee for Maquiladora Workers volunteers assist with monthly tours, document health and safety problems, connect U.S. trade unionists with their counterparts in Mexico, develop education materials, and arrange meetings between workers on both sides of the border. See David Bacon, Neighborhood Watch: U.S.-Mexican Labor Alliance Helps Workers Fight Environmental Hazards, L.A. VILLAGE VIEW, May 26-June 1, 1995, at 31.
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(1995)
L.A. Village View
, pp. 31
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Bacon, D.1
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161
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85068946189
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note
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It is our observation that the prevalence of homework tends to be difficult to measure because it is customary to see the home as a "private" sphere, separate from the public nature of paid employment. With global restructuring, however, these boundaries become blurred.
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162
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84902070921
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Immigrant Asian Women in Bay Area Garment Sweatshops: "After Sewing, Laundry, Cleaning and Cooking, I Have No Breath to Sing,"
-
See Miriam Ching Louie, Immigrant Asian Women in Bay Area Garment Sweatshops: "After Sewing, Laundry, Cleaning and Cooking, I Have No Breath to Sing," 18 AMERASIA J. 1, 8 (1992) (reporting that U.S. Department of Labor estimates up to 30% of sewing in Bay Area is homework); Dick J. Reavis, Sewing Discontent: Cut-rate Wages in the Dallas Apparel Underground, TEXAS OBSERVER, May 7, 1993, at 14 (estimating that there were up to 25,000 home sewers in the Dallas-Fort Worth area); see also El Monte Complaint, supra note 2 (alleging 72 Thais were enslaved and forced to work as homeworkers in Los Angeles).
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(1992)
Amerasia J.
, vol.18
, pp. 1
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Louie, M.C.1
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163
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85068954207
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Sewing Discontent: Cut-rate Wages in the Dallas Apparel Underground
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May 7
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See Miriam Ching Louie, Immigrant Asian Women in Bay Area Garment Sweatshops: "After Sewing, Laundry, Cleaning and Cooking, I Have No Breath to Sing," 18 AMERASIA J. 1, 8 (1992) (reporting that U.S. Department of Labor estimates up to 30% of sewing in Bay Area is homework); Dick J. Reavis, Sewing Discontent: Cut-rate Wages in the Dallas Apparel Underground, TEXAS OBSERVER, May 7, 1993, at 14 (estimating that there were up to 25,000 home sewers in the Dallas-Fort Worth area); see also El Monte Complaint, supra note 2 (alleging 72 Thais were enslaved and forced to work as homeworkers in Los Angeles).
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(1993)
Texas Observer
, pp. 14
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Reavis, D.J.1
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164
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85068952652
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El Monte Complaint, supra note 2
-
See Miriam Ching Louie, Immigrant Asian Women in Bay Area Garment Sweatshops: "After Sewing, Laundry, Cleaning and Cooking, I Have No Breath to Sing," 18 AMERASIA J. 1, 8 (1992) (reporting that U.S. Department of Labor estimates up to 30% of sewing in Bay Area is homework); Dick J. Reavis, Sewing Discontent: Cut-rate Wages in the Dallas Apparel Underground, TEXAS OBSERVER, May 7, 1993, at 14 (estimating that there were up to 25,000 home sewers in the Dallas-Fort Worth area); see also El Monte Complaint, supra note 2 (alleging 72 Thais were enslaved and forced to work as homeworkers in Los Angeles).
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165
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85068954576
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HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995
-
See HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995. As the contingent workforce - through part-time and temporary work, employee leasing arrangements, and independent contracting relationships - grows, one can only anticipate that homeworking will increase in the United States. On the contingent workforce, see generally Jennifer Middleton, Contingent Workers in a Changing Economy: Endure, Adapt, or Organize, 22 N.Y.U. REV. L. & SOC. CHANGE (forthcoming 1996). There has been impressive organizing of homeworkers in the garment industry in Canada, Australia, and the United Kingdom. See Jan Borowy et al., Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers, in AND STILL WE RISE: FEMINIST POLITICAL MOBILIZATION IN CONTEMPORARY CANADA 299 (Linda Carty ed., 1993); Jane Täte, Homework in West Yorkshire, in DIGNITY AND DAILY BREAD: NEW FORMS OF ECONOMIC ORGANIZING AMONG POOR WOMEN IN THE THIRD WORLD AND THE FIRST 193 (Sheila Rowbotham & Swasti Mitter eds., 1994) [hereinafter DIGNITY AND DAILY BREAD]; Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995). Many organizations look to the Self-Employed Women's Association in India as a model. Cf. Renana Jhabvala, Self-Employed Women's Association: Organising Women by Struggle and Development, in DIGNITY AND DAILY BREAD, supra, at 114.
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166
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0005133745
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Contingent Workers in a Changing Economy: Endure, Adapt, or Organize
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forthcoming
-
See HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995. As the contingent workforce - through part-time and temporary work, employee leasing arrangements, and independent contracting relationships - grows, one can only anticipate that homeworking will increase in the United States. On the contingent workforce, see generally Jennifer Middleton, Contingent Workers in a Changing Economy: Endure, Adapt, or Organize, 22 N.Y.U. REV. L. & SOC. CHANGE (forthcoming 1996). There has been impressive organizing of homeworkers in the garment industry in Canada, Australia, and the United Kingdom. See Jan Borowy et al., Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers, in AND STILL WE RISE: FEMINIST POLITICAL MOBILIZATION IN CONTEMPORARY CANADA 299 (Linda Carty ed., 1993); Jane Täte, Homework in West Yorkshire, in DIGNITY AND DAILY BREAD: NEW FORMS OF ECONOMIC ORGANIZING AMONG POOR WOMEN IN THE THIRD WORLD AND THE FIRST 193 (Sheila Rowbotham & Swasti Mitter eds., 1994) [hereinafter DIGNITY AND DAILY BREAD]; Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995). Many organizations look to the Self-Employed Women's Association in India as a model. Cf. Renana Jhabvala, Self-Employed Women's Association: Organising Women by Struggle and Development, in DIGNITY AND DAILY BREAD, supra, at 114.
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(1996)
N.Y.U. Rev. L. & Soc. Change
, vol.22
-
-
Middleton, J.1
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167
-
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0344778403
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Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers
-
Linda Carty ed.
-
See HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995. As the contingent workforce - through part-time and temporary work, employee leasing arrangements, and independent contracting relationships - grows, one can only anticipate that homeworking will increase in the United States. On the contingent workforce, see generally Jennifer Middleton, Contingent Workers in a Changing Economy: Endure, Adapt, or Organize, 22 N.Y.U. REV. L. & SOC. CHANGE (forthcoming 1996). There has been impressive organizing of homeworkers in the garment industry in Canada, Australia, and the United Kingdom. See Jan Borowy et al., Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers, in AND STILL WE RISE: FEMINIST POLITICAL MOBILIZATION IN CONTEMPORARY CANADA 299 (Linda Carty ed., 1993); Jane Täte, Homework in West Yorkshire, in DIGNITY AND DAILY BREAD: NEW FORMS OF ECONOMIC ORGANIZING AMONG POOR WOMEN IN THE THIRD WORLD AND THE FIRST 193 (Sheila Rowbotham & Swasti Mitter eds., 1994) [hereinafter DIGNITY AND DAILY BREAD]; Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995). Many organizations look to the Self-Employed Women's Association in India as a model. Cf. Renana Jhabvala, Self-Employed Women's Association: Organising Women by Struggle and Development, in DIGNITY AND DAILY BREAD, supra, at 114.
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(1993)
And Still We Rise: Feminist Political Mobilization in Contemporary Canada
, pp. 299
-
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Borowy, J.1
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168
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0003352594
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Homework in West Yorkshire
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Sheila Rowbotham & Swasti Mitter eds., [hereinafter DIGNITY AND DAILY BREAD]
-
See HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995. As the contingent workforce - through part-time and temporary work, employee leasing arrangements, and independent contracting relationships - grows, one can only anticipate that homeworking will increase in the United States. On the contingent workforce, see generally Jennifer Middleton, Contingent Workers in a Changing Economy: Endure, Adapt, or Organize, 22 N.Y.U. REV. L. & SOC. CHANGE (forthcoming 1996). There has been impressive organizing of homeworkers in the garment industry in Canada, Australia, and the United Kingdom. See Jan Borowy et al., Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers, in AND STILL WE RISE: FEMINIST POLITICAL MOBILIZATION IN CONTEMPORARY CANADA 299 (Linda Carty ed., 1993); Jane Täte, Homework in West Yorkshire, in DIGNITY AND DAILY BREAD: NEW FORMS OF ECONOMIC ORGANIZING AMONG POOR WOMEN IN THE THIRD WORLD AND THE FIRST 193 (Sheila Rowbotham & Swasti Mitter eds., 1994) [hereinafter DIGNITY AND DAILY BREAD]; Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995). Many organizations look to the Self-Employed Women's Association in India as a model. Cf. Renana Jhabvala, Self-Employed Women's Association: Organising Women by Struggle and Development, in DIGNITY AND DAILY BREAD, supra, at 114.
-
(1994)
Dignity and Daily Bread: New Forms of Economic Organizing Among Poor Women in the Third World and the First
, pp. 193
-
-
Täte, J.1
-
169
-
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85068952598
-
-
Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995)
-
See HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995. As the contingent workforce - through part-time and temporary work, employee leasing arrangements, and independent contracting relationships - grows, one can only anticipate that homeworking will increase in the United States. On the contingent workforce, see generally Jennifer Middleton, Contingent Workers in a Changing Economy: Endure, Adapt, or Organize, 22 N.Y.U. REV. L. & SOC. CHANGE (forthcoming 1996). There has been impressive organizing of homeworkers in the garment industry in Canada, Australia, and the United Kingdom. See Jan Borowy et al., Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers, in AND STILL WE RISE: FEMINIST POLITICAL MOBILIZATION IN CONTEMPORARY CANADA 299 (Linda Carty ed., 1993); Jane Täte, Homework in West Yorkshire, in DIGNITY AND DAILY BREAD: NEW FORMS OF ECONOMIC ORGANIZING AMONG POOR WOMEN IN THE THIRD WORLD AND THE FIRST 193 (Sheila Rowbotham & Swasti Mitter eds., 1994) [hereinafter DIGNITY AND DAILY BREAD]; Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995). Many organizations look to the Self-Employed Women's Association in India as a model. Cf. Renana Jhabvala, Self-Employed Women's Association: Organising Women by Struggle and Development, in DIGNITY AND DAILY BREAD, supra, at 114.
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-
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170
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0009172732
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Self-Employed Women's Association: Organising Women by Struggle and Development
-
supra
-
See HOMENET (Int'l Network for Home-Based Workers, Toronto, Can.), Summer 1995. As the contingent workforce - through part-time and temporary work, employee leasing arrangements, and independent contracting relationships - grows, one can only anticipate that homeworking will increase in the United States. On the contingent workforce, see generally Jennifer Middleton, Contingent Workers in a Changing Economy: Endure, Adapt, or Organize, 22 N.Y.U. REV. L. & SOC. CHANGE (forthcoming 1996). There has been impressive organizing of homeworkers in the garment industry in Canada, Australia, and the United Kingdom. See Jan Borowy et al., Are These Clothes Clean? The Campaign for Fair Wages and Working Conditions for Homeworkers, in AND STILL WE RISE: FEMINIST POLITICAL MOBILIZATION IN CONTEMPORARY CANADA 299 (Linda Carty ed., 1993); Jane Täte, Homework in West Yorkshire, in DIGNITY AND DAILY BREAD: NEW FORMS OF ECONOMIC ORGANIZING AMONG POOR WOMEN IN THE THIRD WORLD AND THE FIRST 193 (Sheila Rowbotham & Swasti Mitter eds., 1994) [hereinafter DIGNITY AND DAILY BREAD]; Annie Delaney, Homework in the Global Economy, Address at Strategic Plenary: Globalization and the Economy, NGO Forum on Women, Beijing, China (Aug. 1995). Many organizations look to the Self-Employed Women's Association in India as a model. Cf. Renana Jhabvala, Self-Employed Women's Association: Organising Women by Struggle and Development, in DIGNITY AND DAILY BREAD, supra, at 114.
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Dignity and Daily Bread
, pp. 114
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Jhabvala, R.1
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171
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85068955173
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Labor and Lace: Can an Upstart Women's Group Press a New Wrinkle into the Rag Trade Wars?
-
Aug. 1, Magazine
-
In addition to international boycotts, boycotts of retailers/manufacturers in the United States have been used successfully to deal with domestic subcontracting and plant closings. For example, two workers advocacy groups, Fuerza Unida and Asian Immigrant Women Advocates, have been successful in galvanizing the media and turning public attention to problems associated with the subcontracting system and plant closings, and in developing the organizing and leadership skills of their members. AIWA waged a boycott of Jessica McClintock for three years, after a contractor who sewed for the retailer went bankrupt, leaving workers owed $15,000 in back wages. See Sarah Henry, Labor and Lace: Can an Upstart Women's Group Press a New Wrinkle into the Rag Trade Wars?. L.A. TIMES, Aug. 1, 1993, Magazine, at 20-21. In March 1996, U.S. Secretary of Labor Robert Reich announced that Jessica McClintock and AIWA had signed an agreement. In return for the cessation of AIWA's campaign, the parties agreed to work together to establish a garment worker education fund and a fund for the workers who began the campaign, provide scholarships, provide toll-free numbers for complaints, and explore alternative methods for wage protections and the viability of independent monitoring in the industry. See Secretary Reich Announces Signed Agreement between Jessica McClintock, Inc. and Asian Immigrant Women Advocates, U.S. DEP'T OF LABOR NEWS RELEASE, Mar. 18, 1996. Likewise, since 1990, Fuerza Unida has waged a campaign against Levi's after a factory in San Antonio moved to Costa Rica, putting 1115 U.S. workers - 92.4% Latina - out of work. Jeannie Kever, What Price Layoffs? Levi Strauss & Co. Closed Its San Antonio Plant Last January to Save Money, But the Decision Still Haunts the Workers, the City and the Company, S.F. EXAMINER, Nov. 18, 1990, at D1. Fuerza Unida, with a membership of 480, established a presence outside the Levi's headquarters in San Francisco, seeking a company-financed feasibility study of the future of the garment industry in Texas, access to the company pension plan, and severance, vacation, and holiday pay. See Suzanne Espinosa Solis, Rare Shadow on Company's Image: Ex-Workers Take on Levi Strauss, S.F. CHRON., July 18, 1994, at A1.
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(1993)
L.A. Times
, pp. 20-21
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-
Henry, S.1
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172
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85068946645
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Secretary Reich Announces Signed Agreement between Jessica McClintock, Inc. and Asian Immigrant Women Advocates
-
Mar. 18
-
In addition to international boycotts, boycotts of retailers/manufacturers in the United States have been used successfully to deal with domestic subcontracting and plant closings. For example, two workers advocacy groups, Fuerza Unida and Asian Immigrant Women Advocates, have been successful in galvanizing the media and turning public attention to problems associated with the subcontracting system and plant closings, and in developing the organizing and leadership skills of their members. AIWA waged a boycott of Jessica McClintock for three years, after a contractor who sewed for the retailer went bankrupt, leaving workers owed $15,000 in back wages. See Sarah Henry, Labor and Lace: Can an Upstart Women's Group Press a New Wrinkle into the Rag Trade Wars?. L.A. TIMES, Aug. 1, 1993, Magazine, at 20-21. In March 1996, U.S. Secretary of Labor Robert Reich announced that Jessica McClintock and AIWA had signed an agreement. In return for the cessation of AIWA's campaign, the parties agreed to work together to establish a garment worker education fund and a fund for the workers who began the campaign, provide scholarships, provide toll-free numbers for complaints, and explore alternative methods for wage protections and the viability of independent monitoring in the industry. See Secretary Reich Announces Signed Agreement between Jessica McClintock, Inc. and Asian Immigrant Women Advocates, U.S. DEP'T OF LABOR NEWS RELEASE, Mar. 18, 1996. Likewise, since 1990, Fuerza Unida has waged a campaign against Levi's after a factory in San Antonio moved to Costa Rica, putting 1115 U.S. workers - 92.4% Latina - out of work. Jeannie Kever, What Price Layoffs? Levi Strauss & Co. Closed Its San Antonio Plant Last January to Save Money, But the Decision Still Haunts the Workers, the City and the Company, S.F. EXAMINER, Nov. 18, 1990, at D1. Fuerza Unida, with a membership of 480, established a presence outside the Levi's headquarters in San Francisco, seeking a company-financed feasibility study of the future of the garment industry in Texas, access to the company pension plan, and severance, vacation, and holiday pay. See Suzanne Espinosa Solis, Rare Shadow on Company's Image: Ex-Workers Take on Levi Strauss, S.F. CHRON., July 18, 1994, at A1.
-
(1996)
U.S. Dep't of Labor News Release
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-
-
173
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85068951897
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What Price Layoffs? Levi Strauss & Co. Closed Its San Antonio Plant Last January to Save Money, but the Decision Still Haunts the Workers, the City and the Company
-
Nov. 18
-
In addition to international boycotts, boycotts of retailers/manufacturers in the United States have been used successfully to deal with domestic subcontracting and plant closings. For example, two workers advocacy groups, Fuerza Unida and Asian Immigrant Women Advocates, have been successful in galvanizing the media and turning public attention to problems associated with the subcontracting system and plant closings, and in developing the organizing and leadership skills of their members. AIWA waged a boycott of Jessica McClintock for three years, after a contractor who sewed for the retailer went bankrupt, leaving workers owed $15,000 in back wages. See Sarah Henry, Labor and Lace: Can an Upstart Women's Group Press a New Wrinkle into the Rag Trade Wars?. L.A. TIMES, Aug. 1, 1993, Magazine, at 20-21. In March 1996, U.S. Secretary of Labor Robert Reich announced that Jessica McClintock and AIWA had signed an agreement. In return for the cessation of AIWA's campaign, the parties agreed to work together to establish a garment worker education fund and a fund for the workers who began the campaign, provide scholarships, provide toll-free numbers for complaints, and explore alternative methods for wage protections and the viability of independent monitoring in the industry. See Secretary Reich Announces Signed Agreement between Jessica McClintock, Inc. and Asian Immigrant Women Advocates, U.S. DEP'T OF LABOR NEWS RELEASE, Mar. 18, 1996. Likewise, since 1990, Fuerza Unida has waged a campaign against Levi's after a factory in San Antonio moved to Costa Rica, putting 1115 U.S. workers - 92.4% Latina - out of work. Jeannie Kever, What Price Layoffs? Levi Strauss & Co. Closed Its San Antonio Plant Last January to Save Money, But the Decision Still Haunts the Workers, the City and the Company, S.F. EXAMINER, Nov. 18, 1990, at D1. Fuerza Unida, with a membership of 480, established a presence outside the Levi's headquarters in San Francisco, seeking a company-financed feasibility study of the future of the garment industry in Texas, access to the company pension plan, and severance, vacation, and holiday pay. See Suzanne Espinosa Solis, Rare Shadow on Company's Image: Ex-Workers Take on Levi Strauss, S.F. CHRON., July 18, 1994, at A1.
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(1990)
S.F. Examiner
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Kever, J.1
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174
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85068944939
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Rare Shadow on Company's Image: Ex-Workers Take on Levi Strauss
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July 18
-
In addition to international boycotts, boycotts of retailers/manufacturers in the United States have been used successfully to deal with domestic subcontracting and plant closings. For example, two workers advocacy groups, Fuerza Unida and Asian Immigrant Women Advocates, have been successful in galvanizing the media and turning public attention to problems associated with the subcontracting system and plant closings, and in developing the organizing and leadership skills of their members. AIWA waged a boycott of Jessica McClintock for three years, after a contractor who sewed for the retailer went bankrupt, leaving workers owed $15,000 in back wages. See Sarah Henry, Labor and Lace: Can an Upstart Women's Group Press a New Wrinkle into the Rag Trade Wars?. L.A. TIMES, Aug. 1, 1993, Magazine, at 20-21. In March
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(1994)
S.F. Chron.
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Solis, S.E.1
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175
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85068947628
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Charles Kernaghan, supra note 88, at 55
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Charles Kernaghan, supra note 88, at 55.
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176
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85068948779
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(Sweatshop Watch, S.F., Cal.), Fall
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See generally SWEATSHOP WATCH (Sweatshop Watch, S.F., Cal.), Fall 1995, at 1.
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(1995)
Sweatshop Watch
, pp. 1
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-
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177
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85068951084
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(Clean Clothes Campaign, Amsterdam, Neth.), Nov. (on file with authors)
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CLEAN CLOTHES NEWSLETTER (Clean Clothes Campaign, Amsterdam, Neth.), Nov. 1993 (on file with authors).
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(1993)
Clean Clothes Newsletter
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-
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178
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85068947683
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(Union of Needletrades, Indus, and Textile Employees, New York, N.Y.), (on file with authors)
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See generally Consumer Guide to Decent Clothes (Union of Needletrades, Indus, and Textile Employees, New York, N.Y.), 1995 (on file with authors). Advocates are drawing consumer attention to violations through increasingly creative measures. For example, in Los Angeles, an organization called Common Threads has begun a campaign using art on billboards, buses, and sidewalks to inform primarily women consumers of the conditions under which their clothes are made. The Canadian ILGWU campaign and the West Yorkshire campaign to organize homeworkers both used mail cards, which consumers could send to retailers expressing their concern about the garment industry, as well as informational cards with questions consumers could ask when they purchase clothes. See Jay Fudge, Community Unionism: Coalition Fights to Clean Up the Garment Industry, CANADIAN DIMENSION, Mar. 1994, at 27.
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(1995)
Consumer Guide to Decent Clothes
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-
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179
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0344778398
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Community Unionism: Coalition Fights to Clean Up the Garment Industry
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Mar.
-
See generally Consumer Guide to Decent Clothes (Union of Needletrades, Indus, and Textile Employees, New York, N.Y.), 1995 (on file with authors). Advocates are drawing consumer attention to violations through increasingly creative measures. For example, in Los Angeles, an organization called Common Threads has begun a campaign using art on billboards, buses, and sidewalks to inform primarily women consumers of the conditions under which their clothes are made. The Canadian ILGWU campaign and the West Yorkshire campaign to organize homeworkers both used mail cards, which consumers could send to retailers expressing their concern about the garment industry, as well as informational cards with questions consumers could ask when they purchase clothes. See Jay Fudge, Community Unionism: Coalition Fights to Clean Up the Garment Industry, CANADIAN DIMENSION, Mar. 1994, at 27.
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(1994)
Canadian Dimension
, pp. 27
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Fudge, J.1
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180
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85068949302
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(U.S./Guat. Labor Educ. Project, Chicago, Ill.), Nov.
-
Another example is the U.S./Guatemala Labor Education Project (US/GLEP), which, beginning in 1991, conducted a campaign in support of women who earned $2-3 a day sewing shirts for Phillips-Van Heusen. When the women tried to unionize and asked for a reversal of pay cuts, better conditions, and an end to physical abuse, they received numerous death threats. The US/GLEP campaign was ultimately successful in increasing wages at the plant by more than 50%. The Guatemalan government also granted union recognition to the workers, the first maquiladora union recognized in six years. See A Campaign for Justice for Coffee Workers (U.S./Guat. Labor Educ. Project, Chicago, Ill.), Nov. 1994.
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(1994)
A Campaign for Justice for Coffee Workers
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181
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85068947671
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(Nat'l Consumers League, Washington, D.C.), (on file with authors)
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The Clean Clothes Campaign of the Netherlands has been struggling to develop a clean label for retailers. Along these lines, a foundation called Rugmark has been established, which inspects hand-knotted rug companies in India for child labor and certifies their rugs with the "Rugmark" label if no child labor has been involved. See Why Should You Support the RUGMARK? (Nat'l Consumers League, Washington, D.C.), 1995 (on file with authors). Of course, this strategy should not be used to advance narrowly nationalistic approaches, because they are misdirected. For example, the ILGWU engaged in an ill-fated "Buy American" campaign in the mid-1970s, which was in effect a positive buying campaign based on protectionism. See "Buy American" May Not Be the Solution (NPR radio broadcast, Feb. 3, 1992); see also Made in the U.S.A., U.S. NEWS & WORLD REP.., Nov. 22, 1993, at 18 (documenting brand-name clothing made in United States with sweatshop labor). Buying "American-made" goods is fraught with complexities given that "American-made" is an ambiguous term. See supra note 38.
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(1995)
Why Should You Support the RUGMARK?
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182
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85068951074
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NPR radio broadcast, Feb. 3
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The Clean Clothes Campaign of the Netherlands has been struggling to develop a clean label for retailers. Along these lines, a foundation called Rugmark has been established, which inspects hand-knotted rug companies in India for child labor and certifies their rugs with the "Rugmark" label if no child labor has been involved. See Why Should You Support the RUGMARK? (Nat'l Consumers League, Washington, D.C.), 1995 (on file with authors). Of course, this strategy should not be used to advance narrowly nationalistic approaches, because they are misdirected. For example, the ILGWU engaged in an ill-fated "Buy American" campaign in the mid-1970s, which was in effect a positive buying campaign based on protectionism. See "Buy American" May Not Be the Solution (NPR radio broadcast, Feb. 3, 1992); see also Made in the U.S.A., U.S. NEWS & WORLD REP.., Nov. 22, 1993, at 18 (documenting brand-name clothing made in United States with sweatshop labor). Buying "American-made" goods is fraught with complexities given that "American-made" is an ambiguous term. See supra note 38.
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(1992)
"Buy American" May Not Be the Solution
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183
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Made in the U.S.A
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Nov. 22
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The Clean Clothes Campaign of the Netherlands has been struggling to develop a clean label for retailers. Along these lines, a foundation called Rugmark has been established, which inspects hand-knotted rug companies in India for child labor and certifies their rugs with the "Rugmark" label if no child labor has been involved. See Why Should You Support the RUGMARK? (Nat'l Consumers League, Washington, D.C.), 1995 (on file with authors). Of course, this strategy should not be used to advance narrowly nationalistic approaches, because they are misdirected. For example, the ILGWU engaged in an ill-fated "Buy American" campaign in the mid-1970s, which was in effect a positive buying campaign based on protectionism. See "Buy American" May Not Be the Solution (NPR radio broadcast, Feb. 3, 1992); see also Made in the U.S.A., U.S. NEWS & WORLD REP.., Nov. 22, 1993, at 18 (documenting brand-name clothing made in United States with sweatshop labor). Buying "American-made" goods is fraught with complexities given that "American-made" is an ambiguous term. See supra note 38.
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(1993)
U.S. News & World Rep.
, pp. 18
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184
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85068952665
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May (on file with authors)
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Mujer a Mujer issues a publication, Correspondencia, which examines the impact of global restructuring on women's lives and struggles, conducts popular education in Mexico, and researches how to connect the strategies and organizing efforts of women in the garment industry. See generally CORRESPONDENCIA, May 1994 (on file with authors); CORRESPONDENCIA, May 1995 (on file with authors).
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(1994)
Correspondencia
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185
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May (on file with authors)
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Mujer a Mujer issues a publication, Correspondencia, which examines the impact of global restructuring on women's lives and struggles, conducts popular education in Mexico, and researches how to connect the strategies and organizing efforts of women in the garment industry. See generally CORRESPONDENCIA, May 1994 (on file with authors); CORRESPONDENCIA, May 1995 (on file with authors).
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(1995)
Correspondencia
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186
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(Support Team Int'l for Textileras, Nashville, Tenn.), June 26, (on file with authors)
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STITCH was formed in response to the plight of women like the organizer in Guatemala's maquiladora industry who was abducted, drugged, raped, and beaten in Guatemala City. She had been representing 27 young women workers employed at garment factories that produce dresses for Leslie Fay and had made charges of sexual harassment against a factory owner. Urgent Action Alert (Support Team Int'l for Textileras, Nashville, Tenn.), June 26, 1995, at 1 (on file with authors).
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(1995)
Urgent Action Alert
, pp. 1
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187
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Support Team Int'l for Textileras, Nashville, Tenn.
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STITCH intends to bring the stories of the Association of Women in the Textile Industry in Guatemala (AMITEG) to the United States through a newsletter and worker tours. The organization also plans to create a rapid response network because of the danger that sometimes accompanies worker organizing in Guatemala. See Mary Shull. Us Against Them? Introducing STITCH (Support Team Int'l for Textileras, Nashville, Tenn.).
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Us Against Them? Introducing STITCH
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Shull, M.1
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188
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New Solidarity Network in Canada
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May (on file with authors)
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Bob Jeffcott, New Solidarity Network in Canada, CORRESPONDENCIA, May 1995, at 15 (on file with authors).
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(1995)
Correspondencia
, pp. 15
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Jeffcott, B.1
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189
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The philosophy of the Committee for Asian Women is explained by its chair, Elizabeth Tang Yin-ngor: [A] new approach to organising women workers means organising on an entirely new basis . . . . Crucial to this is the need for a strong women workers movement in Asia. Solidarity among women workers in this region is the starting point for building international solidarity . . . . When transnational companies and employers take a global approach, we have to deal with them at the international level . . . . Solidarity of workers regardless of their national boundaries and status needs to be thoroughly understood and implemented in our actions. Elizabeth Tang Yin-ngor, Preface to COMMITTEE FOR ASIAN WOMEN, SILK AND STEEL: ASIAN WOMEN WORKERS CONFRONT CHALLENGES OF INDUSTRIAL RESTRUCTURING 13 (1995).
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(1995)
Preface to Committee for Asian Women, Silk and Steel: Asian Women Workers Confront Challenges of Industrial Restructuring
, pp. 13
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190
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85068947428
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Focus: Working Women
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Asia Monitoring Resource Ctr., Kowloon, H.K., Aug.-Oct. (on file with authors)
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The Platform includes recognition of the value of women's unwaged and undervalued work, as well as acknowledgment of globalization and its impact on women's employment. Further, under a section on Freedom of Association and the Right to Organize, the document encourages women's self-help groups, cooperatives, and workers' organizations. The Platform also states that governments should provide social security to homeworkers, extend additional labor protections to part-time workers and homeworkers, and implement and enforce laws and encourage codes of conduct to facilitate both the equal pay principle embodied in ILO Convention 100 and the equal application of workers rights to women and men. The document also endorses parental leave for both mothers and fathers to promote equal sharing of family responsibilities, as well as the review and reformulation of wage structures in female-dominated professions. The majority of governments, however, refused to agree to any form of protection for workers in free trade zones, most of whom are women workers. Moreover, sections of the document addressing poverty, women's economic empowerment, and women as economic decision makers do not provide long-term solutions to poverty and economic inequality. In short, while claiming to support women's economic employment, signatory governments refused to address the structural causes of women's poverty and marginalization. See Focus: Working Women, ASIAN LAB. UPDATE (Asia Monitoring Resource Ctr., Kowloon, H.K.), Aug.-Oct. 1995, at 1, 3 (on file with authors).
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(1995)
Asian Lab. Update
, pp. 1
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193
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note
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The other organizers were Lora Jo Foo, Asian Law Caucus; Carmen Dominguez, La Mujer Obrera; Karen Sachs, Common Threads; and Young Shin, Asian Immigrant Women Advocates.
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194
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85068949921
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note
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Among many others, advocates included; Nenita Miranda, Kilusan ng Manggaga Wang Kababai Han (Manila, Philippines); Wilaiwan Sae Thea, Tex Thai Union (Bangkok, Thailand); Shirin Akhter, Karmojibi Nari (Dhaka, Bangladesh); Carmen Dominguez, La Mujer Obrera (El Paso, Tex.); and Lora Jo Foo, Asian Law Caucus (San Francisco, Cal.).
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Ansley, supra note 31, at 1775-76
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See Ansley, supra note 31, at 1775-76; see also Brian Adler & Beth Jarrett, Comment, Capital vs. Labor: Who Wins and Who Loses Under the Immigration Act of 1990?, 23 U. MIAMI INTER-AM. L. REV. 789, 820-21 (1992) (positing "an overall trend in the U.S., wherein the free movement of goods, technology, and capital is valued over e free movement of people" and arguing that "protectionist policies ensure a captive, stagnant labor pool for capitalists").
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196
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8344224237
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Capital vs. Labor: Who Wins and Who Loses under the Immigration Act of 1990?
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Comment
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See Ansley, supra note 31, at 1775-76; see also Brian Adler & Beth Jarrett, Comment, Capital vs. Labor: Who Wins and Who Loses Under the Immigration Act of 1990?, 23 U. MIAMI INTER-AM. L. REV. 789, 820-21 (1992) (positing "an overall trend in the U.S., wherein the free movement of goods, technology, and capital is valued over e free movement of people" and arguing that "protectionist policies ensure a captive, stagnant labor pool for capitalists").
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(1992)
U. Miami Inter-Am. L. Rev.
, vol.23
, pp. 789
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Adler, B.1
Jarrett, B.2
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