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Mobilizable Labor Law
Get PDFIn the history of new labor localism, city-level living wage ordinances emerging in the 1990s with Los Angeles leading the way have generally been understood as a second-best, limited antipoverty device designed to raise wage floors, with only indirect effects on organized labor. Drawing upon original archival materials, this Article offers an alternative reading of the history of the living wage in Los Angeles, showing how it was designed and operationalized as a proactive tool to rebuild union density and reshape city politics. Doing so makes four key contributions. First, the Article theorizes and empirically examines the living wage as a pioneering form of mobilizable labor law: a local legal reform with pro-labor potential unlocked through collective action by unions, in this case, enabling union organizing by addressing regulatory weaknesses in the National Labor Relations Act. Second, the Article deepens labor history by refraining the LA living wage movement as a key inflection point connecting the seminal Justice for Janitors campaign, considered the launching pad for new labor efforts to organize low-wage immigrant workers, to new labor organizing building toward the Fight for $15. Third, contrary to the standard critique of lawyers demobilizing movements through legalization, the LA campaign reveals the creative role of lawyers behind the scenes in developing new understandings of labor law that established conditions of possibility for successful union organizing. Finally, by illuminating how labor actors mapped local government power to identify opportunities for mobilization particularly in publicly held assets such as airports the Article sheds new light on the dynamic relation between social movements and local government. Specifically, in the case of labor, strategic localism has catalyzed an iterative cycle of union organizing by helping build a power base for organized labor in big cities and promoting diffusion of pro-labor policymaking across political boundaries. Recovering this history of the living wage serves as a means to unlock law\u27s transformative potential in labor campaigns that rise to meet contemporary challenges of economic and racial inequality
Overseas Primary Listing: U.S. Stock Markets as a Global Hub for IPOs?
Get PDFBetween 2007 and 2021, several South American companies carried out IPOs outside their home countries, with the subsequent overseas primary listing of their shares on U.S. stock exchanges. The acceleration of this trend from January 2018 (with the IPO of PagSeguro Digital Ltd. on the New York Stock Exchange—NYSE) is not explained solely by the possibility of adopting dual-class shares structure for companies listed on U.S. stock exchanges. In this sense, factors such as: (1) biases and subjectivities in the decision-making process; (2) cultural proximity and history of successful precedents; (3) better valuation in comparison with local markets; and (4) access to global markets, sophisticated investors, and reputation; were found to be key explanatory elements for this wave of IPOs and overseas primary listings on U.S. stock exchanges, especially Nasdaq. This Article concludes that this trend, which Brazilian companies mainly carried, can be replicated or accelerated in other specific sets of countries if more advanced conditions are fulfilled in their private equity and venture capital industry. The U.S. markets provide an attractive level of know-how for its participants and scale, resulting in a better valuation of technology companies. This is particularly important for companies that cannot rely on thriving capital markets where they concentrate their operations
Mitigating Zoonotic Disease Threats to Prevent Future Pandemics: A Critical Analysis of Policy Favoring the Closures of Wildlife Markets in Latin America
Get PDFThe Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for policymakers to take into account the context of a historically undervalued Global South, the realities of human behavior, culture, and society, and the science on disease transmission
The Next 100 Years of International Intellectual Property: Integrating Human Rights and Corporate Social Responsibility
Get PDFHungary, Poland, and Access to EU Funding: The EU Charts a New Course Under The Necessity of Legislation, Conditionality, and The Rule of Law.
Get PDFIn recent years, there has been considerable backsliding in Hungary and Poland regarding the rule of law, media plurality, judicial independence, and emergency powers. In response, the European Union (“EU”) exercised its authority under Article 7 of the Treaty of the Functioning of the European Union to withhold COVID-19 relief funds in an effort to compel these nations to realign with EU principles. This article examines the history, consequence, and legal effect of the landmark decision, Hungary v. Parliament and Council. It argues that the EU was on sound legal footing to utilize money as a means to protect the values of the institution. However, the implications of invoking Article 7 are far reaching, which requires the EU to establish clarity as to the “rules of the road” for Member States going forward, particularly regarding the application of rule of law principles
