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Looking South: Toward Principled Protection of U.S. Workers
Get PDFIn Principled Labor Law: U.S. Labor Law through a Latin American Method, authors Sergio Gamonal C. & Cesar F. Rosado Marzán argue that U.S. courts should follow the Latin American method of applying long-held jurisprudential principles to interpret labor law. The authors’ baseline is clear: applying these principles to U.S. employment law will better the employment opportunities and stability of workers who suffer from unequal bargaining power and the ever-present employer-oriented employment-at-will doctrine. Focusing on Title VII of the 1964 Civil Rights Act, and other civil rights provisions, this article imagines how applying the principles described by Gamonal and Rosado to U.S. anti-discrimination law could provide further protection to U.S. employees. It concludes that Latin American principles could effectively give U.S. judges interpretive tools that would make application of the law more consistent and protective of individual civil rights
Crónica Revisión de Laudos Arbitrales de Inversión 2020: 2do Encuentro Anual (Santiago de Chile, 07-08/06/2021)
No full textDurante los días 7 y 8 de junio de 2021 fue celebrada la segunda edición del evento sobre revisión de laudos, en el marco de arbitrajes inversor-Estado, dictados durante el año 2020. En esta oportunidad, la actividad estuvo coorganizada por la Universidad Autónoma de Chile y la Universidad Finis Terrae, con la especial colaboración institucional del Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago, la Subsecretaria de Relaciones Económicas Internacionales del Ministerio de Relaciones Exteriores de Chile, la Universidad del Desarrollo, la Universidad del Rosario (Colombia), Florida International University (Estados Unidos), Universidade Federal do Rio Grande do Sul (Brasil), Heidelberg Center para América Latina, Apparcel, Uriarte & Vassallo y Lexincorp Central American Law Firm. Este evento también forma parte de los trabajos del Proyecto Fondecyt Iniciación sobre protección de la inversión chilena en el exterior frente al riesgo de expropiaciones indirectas, del cual Ivette Esis Villarroel es la Investigadora Responsable
Las Presunciones y Cargas en la Restitución de Tierras en Colombia
No full texthttps://ecollections.law.fiu.edu/faculty_books/1303/thumbnail.jp
Civil Procedure in the Chief Justice\u27s Year-End Report on the Federal Judiciary
No full textIn 1970, then-Chief Justice Burger gave the inaugural Year-End Report on the Federal Judiciary as an address to the American Bar Association. The Chief Justice has released a Year-End Report each year since. Several reports have highlighted civil procedure: diversity jurisdiction, the rulemaking process, changes to the Federal Rules of Civil Procedure, and the role of district judges in civil litigation. This Article highlights the role and attitude towards civil procedure topics in the Year-End Reports, with a special emphasis on Chief Justice Roberts’ 2015 Report
Reasoning About Faith: On the Religious Lawyer
Get PDFThe religious lawyer is an individual who understands his or her religious practice to be a way of life and who, within the context of a commitment to his or her religious practice as such, takes up the professional practice of law. Unquestionably, this individual is worthy of our respect, given the seriousness with which the individual approaches his or her faith. At the same time, it is precisely this seriousness that points us in a direction that is perhaps difficult for many to go. Specifically, because a way of life represents a total activity of the self from which one can never separate, this individual can never accept We the People as sovereign, which is a necessary condition for engaging in the professional practice of law in this country. Accordingly, as challenging as it might be for many to accept, this individual is in fact precluded from taking up the professional practice. This Article offers a response to the various scholars who have promoted the concept of the religious lawyer since the late 1970s. In offering this response, this Article emphasizes the existential character of the life of the individual who understands his or her religious practice as a way of life, of the individual who takes up the practice of political life in the United States, and of the individual who takes up this country’s professional practice of law. Its goal is to begin a conversation with those who continue to promote the concept of the religious lawyer in the hope of advancing our understanding
PANES OF THE GLASS CEILING: The Unspoken Beliefs Behind the Law\u27s Failure to Help Women Achieve Professional Parity
No full textMore than fifty years of civil rights legislation and movements have not ended employment discrimination. This book reframes the discourse about the “glass ceiling” that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute “panes” and (“pains”) to the “glass ceiling.” Each chapter identifies an “unspoken belief” and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced – even taboo – beliefs, we can better address and confront them and the problems they cause.https://ecollections.law.fiu.edu/faculty_books/1293/thumbnail.jp
Conflict of Laws and Cryptocurrencies
No full textGokce Kelahmet will be working on her PhD research “Conflict of Laws and Cryptocurrencies”.https://ecollections.law.fiu.edu/visiting-researcher-profiles/1039/thumbnail.jp