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Journal articles on the topic 'Civil rights workers – Fiction'
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1
Lichtenstein, Nelson. "Workers' Rights Are Civil Rights." WorkingUSA 2, no. 6 (March 4, 1999): 57–66. http://dx.doi.org/10.1111/j.1743-4580.1999.tb00134.x.
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Garcia, Matt, and Zaragosa Vargas. "Labor Rights Are Civil Rights: Mexican American Workers in Twentieth-Century America." Western Historical Quarterly 37, no. 3 (October 1, 2006): 369. http://dx.doi.org/10.2307/25443378.
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Rodriguez, M. S. "Labor Rights Are Civil Rights: Mexican American Workers in Twentieth-Century America." Labor: Studies in Working-Class History of the Americas 2, no. 4 (December 1, 2005): 106–8. http://dx.doi.org/10.1215/15476715-2-4-106.
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Nelson, Bruce, and Michael K. Honey. "Southern Labor and Black Civil Rights: Organizing Memphis Workers." Journal of American History 81, no. 2 (September 1994): 776. http://dx.doi.org/10.2307/2081357.
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Hahamovitch, Cindy, and Michael K. Honey. "Southern Labor and Black Civil Rights: Organizing Memphis Workers." Labour / Le Travail 34 (1994): 341. http://dx.doi.org/10.2307/25143880.
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Reed, Harry A., and Michael K. Honey. "Southern Labor and Black Civil Rights: Organizing Memphis Workers." African Economic History, no. 21 (1993): 203. http://dx.doi.org/10.2307/3601839.
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Rachleff, Peter, and Michael K. Honey. "Southern Labor and Black Civil Rights: Organizing Memphis Workers." Journal of Southern History 60, no. 4 (November 1994): 836. http://dx.doi.org/10.2307/2211121.
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Thomas, Susan W. "Labor Rights are Civil Rights: Mexican American Workers in Twentieth-Century America (review)." Labor Studies Journal 31, no. 4 (2007): 100–101. http://dx.doi.org/10.1353/lab.2006.0061.
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Melosh, B. "Historical Memory in Fiction: The Civil Rights Movement in Three Novels." Radical History Review 1988, no. 40 (January 1, 1988): 64–76. http://dx.doi.org/10.1215/01636545-1988-40-64.
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Rollins, Judith. "Housing Civil Rights Workers: The Narrative of Odette Harper Hines." Journal of Women's History 5, no. 2 (1993): 132–53. http://dx.doi.org/10.1353/jowh.2010.0195.
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Knapp, Jeffrey. "Selma and the Place of Fiction in Historical Films." Representations 142, no. 1 (2018): 91–123. http://dx.doi.org/10.1525/rep.2018.142.1.91.
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Every historical film must contend with the possibility that its viewers will be scandalized by its mixture of fact and fiction, but no recent historical film has faced such pressure to justify its hybrid nature as Selma has, in large part because no recent film has taken on so momentous and controversial a historical subject: the civil rights marches from Selma to Montgomery that led to the passage of the Voting Rights Act in 1965. The renewed urgency of the issues Selma dramatizes, along with the film’s own commitment to the “moral certainty” of the civil rights movement, helps explain why Selma wavers in a self-defense that links the fictionality of its historical reenactments to the purposely theatrical element of the marches themselves. But politics are not the only problem for fiction in Selma, and to show why, this essay compares Selma to an earlier historical film, The Westerner (1940), that openly flaunts the commercial nature of its fictionality.
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Artemova, Anastasiia. "LEGAL FICTION: METHODS OF APPLICATION IN THE CIVIL LAW OF THE RUSSIAN FEDERATION." Respublica literaria, RL. 2021. vol.2. no. 2 (March 29, 2021): 121–30. http://dx.doi.org/10.47850/rl.2021.2.2.121-130.
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The article examines the essence of legal fiction. Based on an analysis of the current legislation of the Russian Federation, the author has established ways of using legal fiction in civil law. It has been substantiated that legal fiction finds expression in the construction of a legal entity and the institution of fictitious transactions. Legal fiction is used to extend the legal regime of one object to another object, as well as the legal status of one subject to another subject. Legal fiction is used when it is necessary to overcome a situation of legal uncertainty, to recognize as real non-existent circumstances to restore the violated rights of persons who have suffered as a result of the actions of unscrupulous participants in civil-law transactions. Finally, the method of legal fiction is widely used by the legislator the legal economy. As a result of the study, a conclusion was made about the importance of legal fiction for the process of lawmaking.
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Balvardi, Keyvan Daryabeigi. "Civil Liability of Employers against Workers." Journal of Politics and Law 10, no. 3 (June 1, 2017): 151. http://dx.doi.org/10.5539/jpl.v10n3p151.
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The aim of this study was to determine civil liability arising from the exercise of employee and employer. The terms of realization of civil liability include the general and specific conditions and of important theories about civil liability of employers against workers is the risk and fault theory. The popular legal opinion is that employer's liability is based on the fault assumption which refers to a fault-based liability where the fault is assumed and doesn’t need proof. But it seems the base of sum of the employer's liability is sum and integration of risk theories and the fault assumption because in the fault assumption we see the individual’s assumed liability that he/she can proofing lack of fault or failure come out from liability burden. Despite the respect for civil rights doctrine, in the opinion of the writer (author) perhaps we can’t present a recorded and definite basis for employer's liability, as most lawyers believe. So what is in the law is the collective result of the integration fault assumption and derivatives of risk theory. In this study, conducted using descriptive – analytical, to identify the various intellectual foundations on raised issue, the Legal Opinions, law of common law and Romano-Germanic in this article are referred to different approaches on the issue ahead be explained.
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Gleeson, Shannon. "From Rights to Claims: The Role of Civil Society in Making Rights Real for Vulnerable Workers." Law & Society Review 43, no. 3 (September 2009): 669–700. http://dx.doi.org/10.1111/j.1540-5893.2009.00385.x.
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Sadkov, Vitaly. "Digitized Rights as an Electronic and Virtual Fiction for the Legal Support for the Turnover of Subjective Claims." Legal Concept, no. 2 (July 2021): 159–63. http://dx.doi.org/10.15688/lc.jvolsu.2021.2.21.
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Introduction: the paper examines the legal nature of such new categories as “digital rights”, “utilitarian digital rights”, “digital financial assets” and “digital currency”. The correlation of these phenomena with each other is clarified from the standpoint of modern civil turnover. The purpose of the study is to analyze the legally significant features of the above phenomena. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are analysis, synthesis, generalization and comparative law. Results: the author’s position justified in the work is based on the legislation and the opinions of the competent scientists on the issues of clarifying the legal essence of the above-mentioned categories from the standpoint of civil law. Conclusions: the author suggests considering “digital rights”, “utilitarian digital rights”, “digital financial assets” not only from the standpoint of objects of civil rights, but also from the standpoint of the original digital form of fixing property rights. It is proposed to introduce the category “digitized rights” into the legal lexicon as a kind of fiction used to ensure the operability of the legal mechanism that mediates the turnover of subjective claims in the electronic and virtual environment.
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Gurowitz, Amy. "Migrant Rights and Activism in Malaysia: Opportunities and Constraints." Journal of Asian Studies 59, no. 4 (November 2000): 863–88. http://dx.doi.org/10.2307/2659215.
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We are currently witnessing two trends in Southeast Asia: first, an increase in what is often referred to as “civil society” activity including action by nongovernmental organizations (NGOs); and second, an increase in various forms of migration, one of the key human rights concerns of the post-World War II era. This article reviews the convergence of these two trends by examining activism on behalf of migrant workers in the largest receiving state of migrants in Asia, Malaysia. With approximately 700,000 documented and over one million undocumented migrant workers, Malaysia has one of the highest percentages of foreign workers in the world (Migrant News [MN], November 1999). Like many other countries with labor shortages, Malaysia needs these workers, but does not want them. Both of these facts are clearly reflected in government policies. There are frequent attempts to get rid of migrant workers, either in response to public concern or because of economic downturn, but with almost every halt to migration there is a corresponding exception allowing workers to stay or continue coming. Throughout this process there is little if any attention paid to the rights of migrant workers by the Malaysian government, or often the migrant's home government. Since this increased migration is occurring at a time of a general increase in activism in Malaysia and regionally, it is reasonable to ask what of this civil society energy is being addressed to the increasingly important issue of migrant rights.
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Gupta, Pallavi. "Can Sex Workers Claim Human Rights In India?" International Journal of Civic Engagement and Social Change 1, no. 1 (January 2014): 44–59. http://dx.doi.org/10.4018/ijcesc.2014010104.
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Human Rights by its origin and nature only advocate the welfare and well-being of all persons with equal treatment everywhere, it never discriminate towards any individual, class or group of people in any society. But Indian Governments at all level have failed to protect, the human rights even civil rights of sex workers. It covers problems of the sex workers and their children or child sex workers entered in sex trade by force & fraud but rescued from sex trade and advocates only claim of sex workers to live with dignity as they are also human being and have human rights. It shall focus on responsibility of government to make effective policy and for its good governance to provide justice to the sex workers and their children under the mandate of judicial directions. But this paper does not advocate demand of sex workers to encourage sex trade by any way.
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Boyd, William. "The Color of Work: The Struggle for Civil Rights in the Southern Paper Industry, 1945–1980. By Timothy J. Minchin. Chapel Hill: University of North Carolina Press, 2001. Pp. x, 277. $24.95, paper." Journal of Economic History 61, no. 4 (December 2001): 1143–45. http://dx.doi.org/10.1017/s0022050701005800.
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This book documents efforts to integrate the southern paper industry during the post–World War II period. It makes an important contribution not only to the vast and growing literature on the civil-rights movement but also to economic and legal history. In contrast to the traditional focus of civil-rights historians on voting rights, school desegregation, and public accommodations, Timothy Minchin takes up the issue of fair employment and access to jobs as components of the broader civil-rights struggle. Building on his earlier research on the textile industry (Hiring the Black Worker: The Racial Integration of the Southern Textile Industry, 1960–1980. Chapel Hill: University of North Carolina Press, 1999), Minchin focuses specifically on the role of black activists and civil-rights advocates in utilizing the legal machinery put in place by the Civil Rights Act of 1964 (specifically, Title VII) as a vehicle for litigation against companies and unions seeking to deny black workers equal employment opportunities. Drawing on the vast record generated by Title VII litigation and oral interviews with key actors, Minchin provides considerable insight into the lived experiences and strategic thinking of those struggling to integrate the industry. The overall story provides powerful support for the efficacy of federal civil-rights legislation in opening up new opportunities for black workers.
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Skrentny, John D. "ARE AMERICA'S CIVIL RIGHTS LAWS STILL RELEVANT?" Du Bois Review: Social Science Research on Race 4, no. 1 (2007): 119–40. http://dx.doi.org/10.1017/s1742058x07070075.
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AbstractThe federal government created America's historic 1964 Civil Rights Act during a period of low immigration. The primary goal was to create equal opportunities for African Americans by ending Jim Crow discrimination in the South. Focusing on the issue of employment discrimination, and specifically employer preferences for immigrants, this article shows how the current period of high immigration from Latin America and Asia has created new challenges and dilemmas for Title VII, the employment discrimination title of the Civil Rights Act. Specifically, sociological evidence indicates that U.S. businesses are engaging in race-conscious employment focused on the perceived value of racial skills (special abilities of certain racial groups at particular jobs) and racial symbolism (organizational benefits from displaying certain races on the work force). Businesses hire Asians and Latinos, and especially immigrant Asians and Latinos, because of the perceived racial skills of these groups at low-status jobs that require strong work ethics and obedient attitudes. Corporate employers seeking skilled workers do not necessarily prefer immigrants. Instead, they seek minorities for the symbolic value of their diversity, for their general racial skills at bringing new ideas to the workplace, and for their racial marketing skills for growing non-White markets. I assess these developments from a legal perspective, showing that a combination of a lack of litigation and some key court decisions have prevented Title VII from regulating racial skills and racial symbolism and/or from offering protection for immigrants themselves.
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Minchin, Timothy J. "Federal Policy and the Racial Integration of Southern Industry, 1961–1980." Journal of Policy History 11, no. 2 (April 1999): 147–78. http://dx.doi.org/10.1017/s0898030600003183.
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In the last two decades, one of the central debates of civil rights historiography has concerned the role that the federal government played in securing the gains of the civil rights era. Historians have often been critical of the federal government's inaction, pointing out that it was only pressure from the civil rights movement itself that prompted federal action against Jim Crow. Other scholars have studied the civil rights record of the federal government by analyzing a single issue during several administrations. In this vein, there have been studies of the federal government's involvement in areas as diverse as black voting rights and racial violence against civil rights workers. These studies have both recognized the importance of federal intervention and have also been critical of the federal government's belated and half-hearted endorsement of civil rights.
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SHEIKH, ABDULLAH ZAFAR. "The Implications of Pay-Rolling Agency Systems for Workers’ Statutory Rights in Pakistan." Journal of Social Policy 42, no. 2 (February 22, 2013): 371–89. http://dx.doi.org/10.1017/s0047279412001031.
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AbstractThe proliferation of agency employment in Pakistan is a serious social problem and a public policy concern because of the potentially negative implications for agency workers’ basic statutory rights. Agency workers are normally given a vastly different, often negligible, package of benefits compared to their permanent counterparts and are generally excluded from collective bargaining arrangements. Unions regard the use of agency employment as a threat to their jurisdiction and membership. This study explored the motives, nature and implications of agency employment in six case study organisations in Pakistan. A total of eighty-nine interviews, undertaken with employers’ representatives, agency and union officials and agency workers revealed sufficient evidence confirming previous anecdotal evidence that some employment agencies are not truly genuine and the set up was merely a legal fiction. Evidence suggested that agency employment often involves dubious, unfair, law-evading and at times illegal practices, such as the use of pay-rolling agencies. The pay-rolling agency system is potentially an attempt by employers to bypass statutory obligations concerning workers’ benefit entitlements and trade union rights by paying workers through an agency to illustrate the indirectness of employment. It thus appeared from the evidence that the use of temporary agency workers is, in many instances, a labour relations strategy rather than a matter of workforce flexibility, and challenges the widely held belief that temporary work has only been a natural and inevitable response to changes in the economy.
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Inshyn, Mykola, Vasyl Bontlab, Roman Cherneha, Dmytro Tkachenko, and Volodymyr Melnyk. "Protection of Workers’ Rights in the Processing Industry." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 13, no. 3 (August 2021): 03121002. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000462.
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Lim, Timothy C. "Racing from The Bottom in South Korea?: The Nexus Between Civil Society and Transnational Migrants." Asian Survey 43, no. 3 (May 2003): 423–42. http://dx.doi.org/10.1525/as.2003.43.3.423.
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This article examines the role that "civil society" in South Korea has played in promoting the rights of transnational migrant workers in an era of globalization. The analysis concludes that the nexus between the country's civil society and transnational workers has been critical in the process of slowing the "race to the bottom."
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Reed, Christine M., and Linda J. Cohen. "Anti-Nepotism Rules: The Legal Rights of Married Co-Workers." Public Personnel Management 18, no. 1 (March 1989): 37–44. http://dx.doi.org/10.1177/009102608901800104.
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Anti-nepotism rules in public organizations have led to law suits based on anti-discrimination statutes and the U.S. Constitution. Plaintiffs claim they are entitled to work with their spouses if they are qualified employees. Employers, on the other hand, defend anti-nepotism rules as a business necessity, arguing that married co-workers are a potentially disruptive influence in the office. A review of federal and state court decisions suggests that married co-workers rarely prevail in such cases. In this area of civil and constitutional litigation, public employer liabilities appear to be limited to situations where restrictions are unreasonably broad.
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Erigha, Maryann. "How to read African American literature: post-civil rights fiction and the task of interpretation." Ethnic and Racial Studies 41, no. 3 (August 8, 2017): 588–90. http://dx.doi.org/10.1080/01419870.2017.1355977.
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Dobbin, Frank, and Alexandra Kalev. "The Civil Rights Revolution at Work: What Went Wrong." Annual Review of Sociology 47, no. 1 (July 31, 2021): 281–303. http://dx.doi.org/10.1146/annurev-soc-090820-023615.
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The civil rights and women's movements led to momentous changes in public policy and corporate practice that have made the United States the global paragon of equal opportunity. Yet diversity in the corporate hierarchy has increased incrementally. Lacking clear guidance from policymakers, personnel experts had devised their own arsenal of diversity programs. Firms implicated their own biased managers through diversity training and grievance systems and created a paper trail for personnel decisions, but they maintained the deeper structures that perpetuate inequality. Firms that changed systems for recruiting and developing workers, organizing work, and balancing work and life saw diversity increase up the hierarchy, but those firms are all too rare. The courts and federal agencies have found management processes that do not explicitly discriminate to be plausibly unbiased, and they rarely require systemic reforms. Our elaborate corporate diversity programs and public regulatory systems have largely failed to open opportunity, but social science research points to a path forward.
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Kushbakova, A. "Social Workers and Their Legal Status." Bulletin of Science and Practice 7, no. 5 (May 15, 2021): 377–80. http://dx.doi.org/10.33619/2414-2948/66/38.
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The legal status of a social worker, as well as other persons interested in social work, is determined by the greed of the totality of their rights and obligations. Their content in many cases depends on whether such persons carry out their activities on the basis of a transaction with an organization or on their own initiative, on behalf of a state body, local government or commercial organization, within the framework of an employment or civil law agreement.
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Ferricha, Dian. "Eksistensi Hukum Acara Perdata dalam Penyelesaian Perselisihan Hak tentang Upah pada Pekerja Honorer di Indonesia." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (May 1, 2019): 75. http://dx.doi.org/10.36913/jhaper.v4i2.79.
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Rights disputes often occur in employment relationships in various sectors, mainly related to wages. Where wages are the pulse of workers and as a form of reward for work carried out on orders from superiors. Workers who are weak in their current bargaining power that has not been resolved legally and whose energy is still needed in the work of the public sphere both government, health and education are honorary workers. Where honorary workers are workers who are appointed by staffing officials or other officials in the government to carry out certain tasks in government agencies that are paid voluntarily through contractual agreements or in the form of decrees. In the legal aspect, they have no clear protection, are categorized as workers in industrial relations or are workers shaded by the state civil service law. This is a legal vacuum in its protection. Not to mention, when they demanded their rights in the form of wages paid below the district or provincial minimum wage standards. This is what was raised in this article because if it is not resolved when the problem is resolved through litigation, the legal basis used is not only the law on industrial relations disputes in the industrial relations court but also based on civil procedural law in the general court. This article uses a normative juridical method are based on legal materials that are normative-prescriptive. This article is very interesting to study more deeply and for this article it was created to recommend legal breakthroughs on problems that occur, one of which offers clause clauses in civil procedural law to order parties to disclose documents during the verifi cation process when settling rights on wages to workers honorary is brought into the realm of litigation, wherein one of the articles of the Industrial Relations Dispute Settlement Act it is stated that what applies in Industrial Relations Disputes is ordinary civil procedural law unless otherwise stipulated.
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Amalia, Ezka. "Sustaining transnational activism between Indonesia and Hong Kong." Asian and Pacific Migration Journal 29, no. 1 (March 2020): 12–29. http://dx.doi.org/10.1177/0117196820925556.
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This article explores the relationship between Migrant CARE, a migrant labor NGO in Indonesia, and the Indonesian Migrant Workers Union in Hong Kong and their potential to advocate for better protection of migrant workers’ rights by the Indonesian government. Indonesia’s transition into democracy, Hong Kong’s promotion of civil rights and the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Their Families provide opportunities for advocacy activism for Indonesian migrant workers and the possibility of cross-border cooperation of organizations in these two places. Previous studies show cross-border linkages of activism between Indonesia and Hong Kong but they do not pay attention to the factors that could promote sustaining the network. This article shows that both organizations have different strategies, alliance formations and ideologies in their activism. The differences between these organizations weaken their advocacy.
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Cordero, Jessica, Darrel Montero, Teisha Portee, Renee Spears, Vicki Stevenson, and Erica Tatum. "Survivorship and Inheritance Rights for Same-Gender Couples: Relevance to Social Workers." Advances in Social Work 12, no. 2 (November 21, 2011): 345–62. http://dx.doi.org/10.18060/1840.
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Californians voted in November 2008 to ban the right to same-gender marriage in California. This paper summarizes data on changes in societal attitudes relative to homosexuals, same-gender couples, and their civil rights as reflected in Gallup and Princeton Survey Research Associates International poll data over the years through 2011. These findings report deeply entrenched and enduring divisions in American attitudes toward the rights and status of same-gender couples. Although historically a majority of Americans has consistently opposed same-gender marriage, Americans increasingly recognize the need to extend equality to same-gender couples in the form of employment rights, inheritance rights, Social Security, and health insurance benefits. This article explores existing and proposed policies regarding the rights of same-gender couples. In addition, it examines the implications and opportunities for advocacy by social workers who face the challenge of navigating the legal and personal obstacles that arise when their client’s same-gender relationships are not sanctioned by law.
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Green, Llezlie L. "Erasing Race." SMU Law Review Forum 73, no. 1 (April 2020): 63–72. http://dx.doi.org/10.25172/slrf.73.1.8.
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Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hour exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader anti-subordination campaign that can more effectively protect the most vulnerable workers.
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Аnchishina, E. A. "THE ROLE OF LEGAL FICTIONS IN MODERN LAW ENFORCEMENT PRACTICE." Bulletin of Udmurt University. Series Economics and Law 30, no. 5 (November 12, 2020): 697–705. http://dx.doi.org/10.35634/2412-9593-2020-30-5-697-705.
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This article is devoted to defining the role of legal fictions in modern law enforcement practice. To do this, the author reveals the content of this category, paying attention to the absence of the need to consider fiction as something false and contrary to objective reality. Further, the author defines the meaning of legal fictions, conducting a detailed analysis of their main functions on the example of the civil legislation of the Russian Federation and the corresponding law enforcement practice. At the same time, its practical aspect is mainly studied. The main attention is paid to the protective function of legal fiction, the essence of which, as the author shows, is to restore violated rights and establish a balance of interests of the parties to the legal relationship, as well as to protect the rights of third parties. The features of this function are considered on the examples of the following fictions: fiction of the occurrence of a condition or non-occurrence of a condition; fiction of the presence of powers; fiction of non-conclusion of a contract. The author comes to the conclusion that fiction as a method of legal technique is used not only by the legislator, but also finds independent application in practice, which is reflected in the explanations of higher courts considered in this article.
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Septiyana, Iyan. "The Involvement of Indonesian Civil Society Organizations in the Policy-Making Process of Migrant Workers Protection in ASEAN." Journal of Indonesian Social Sciences and Humanities 9, no. 1 (June 28, 2019): 1–19. http://dx.doi.org/10.14203/jissh.v9i1.72.
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Indonesia is biggest sending country of migrant worker in the region. half of the number of Indonesian worker is undocumented migrant workers that vulnerable to be a victim of worker rights or human rights violation. The absent of regional policy of migrant worker protection in ASEAN, makes the issue get less attention in ASEAN multilateral framework. Then in 2007 the first regional policy of migrant worker appeared in ASEAN, in the process it involves CSOs from all ASEAN member states. While ASEAN itself is regional organization that conduct state-centric system which position state as a leading actor. This condition bring up a question how the involvement of Indonesian CSO in the policy-making process of migrant workers protection in ASEAN. Through the perspective of critical theory of Habermas, there is a space in the public sphere that can be used by CSO to emancipate migrant workers by conducting dialogue by establish and join network that is HRWG and TFAMW, then CSO can involves in the ASEAN policy making process of migrant workers protection.
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Andrieiev, Viktor Alexandrovich. "PAGE OF PUBLIC WORKERS IN UKRAINE: ORIGIN, CONCEPT AND CONTENT." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 12 (February 14, 2018): 43–53. http://dx.doi.org/10.31618/vadnd.v1i12.78.
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The article is devoted to the definition of the concept, essence and content of the oath of a civil servant, as an integral part of their legal status. The role and significance of the oath of a civil servant in accordance with the current legislation and the strategy of reforming the civil service and service in local selfgovernment bodies are analyzed. It is determined that the oath of a public servant is a special type of state-management relations, the content of which is the solemn oath of a citizen who enters the civil service for the functions of the state, loyalty to the Ukrainian people and the state. However, the legislator does not provide a clear definition of the oath of a public servant as a legal and public-management phenomenon in the mechanism of civil service, which in turn makes it impossible to form a highly-qualified civil service. It is the concept, content, essence of the Oath of a public servant who remains little investigated and theoretically worked out. In addition, the analysis of the current legislation shows that there is no single approach to the oath of a civil servant, as to the fact that a citizen of Ukraine acquires the corresponding legal status and negatively affects the functioning of public administration bodies in general and causes certain conflicts in the legislation. It was concluded that the oath of a public servant is an integral part of his legal and state-management status, from which the citizen of Ukraine acquires all the rights and duties of a civil servant, including the responsibility to be responsible for refusing to make an oath of a civil servant, or for violation of it. A refusal to make an oath by an entity that enters the position of a civil servant makes it impossible for a person to acquire the subjective rights and legal obligations provided for by the status of a civil servant. Concept, content and essential features The oath of a civil servant is regulated by the system of current legislation, as well as ethical norms of public service and traditions of the corresponding state-management practice in Ukraine.
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Whatley, Warren C. "African-American Strikebreaking from the Civil War to the New Deal." Social Science History 17, no. 4 (1993): 525–58. http://dx.doi.org/10.1017/s0145553200016904.
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When African-American workers broke labor strikes in the late nineteenth and early twentieth centuries, they were acting in opposition to established social norms concerning race, class, community, and the state. Imagine platoons of African-American men who ordinarily lacked protection of their most basic civil rights escorted by police into a hostile European-American community to take the jobs of European-American workers who were expressing their working-class consciousness through a labor union that excluded their fellow African-American workers. Scholars have interpreted African-American strikebreaking as an example of the ethnic stratification characteristic of the American working class (Bonacich 1976; Gutman 1962, 1987; Foner and Lewis 1979, 1980; Spero and Harris 1931). What was its political-economic context? That is the central question of this essay.
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Danaher, William F., and Marc Dixon. "FRAMING THE FIELD: THE CASE OF THE 1969 CHARLESTON HOSPITAL WORKERS' STRIKE*." Mobilization: An International Quarterly 22, no. 4 (December 1, 2017): 417–33. http://dx.doi.org/10.17813/1086-671x-22-4-417.
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We investigate how union, employer and allied actors engage in framing contests and seek to gain the upper hand in a strike event by analyzing a historically significant labor and civil-rights struggle in the 1969 hospital workers' strike in Charleston, South Carolina against the Medical College of South Carolina (MCSC). Through an analysis of newspapers, interviews, and archival materials, we show how discursive tactics by multiple actors superseded worker messages over the 100-day event. Worker messages, dignity and union recognition, competed with their ally's, the Southern Christian Leadership Conference (SCLC), messages of poverty and civil rights as well as claims from MCSC. The workers' weakened position within this multi-actor field and limited salience of union claims served to gradually silence worker voices, shaping the protest campaign in important ways. Our findings underscore the importance of power and inequality in the framing of social conflict.
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Kim, Joon. "Insurgency and Advocacy: Unauthorized Foreign Workers and Civil Society in South Korea." Asian and Pacific Migration Journal 12, no. 3 (September 2003): 237–69. http://dx.doi.org/10.1177/011719680301200301.
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Due to major structural changes in the 1980s, South Korea initiated an international contract labor program known as the industrial trainee system in 1991. Started ostensibly as a temporary measure to deal with domestic labor shortage in the declining manufacturing sector, the program has spread recently to other sectors, including fisheries, construction and agriculture. Currently, over 300,000 unskilled foreigners reside in South Korea, of which two out of every three persons are identified as unauthorized workers. This article examines how the South Korean industrial trainee program systematically produces unauthorized workers and highlights the role of non-governmental organizations (NGOs) in protecting the human rights of foreign workers. The successful collaboration of South Korea's civil society stems from its unique historical formation, rooted in democracy movements of earlier decades. It also implicates strong prospects for substantive integration of foreign workers and, as a consequence, suggests important changes in the country's social and economic structures.
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McDonagh, Eileen L. "The “Welfare Rights State” and the “Civil Rights State”: Policy Paradox and State Building in the Progressive Era." Studies in American Political Development 7, no. 2 (1993): 225–74. http://dx.doi.org/10.1017/s0898588x00001103.
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An enduring contribution of the new institutionalism is its affirmation of the significance of the Progressive era. As a result, we have learned not only how the “big bang” explosion of welfare legislation in the New Deal rests upon structures and precedents set in the early twentieth-century decades, but also how this early reform period continues to influence contemporary policies and politics. Alan Dawley, Bruce Ackerman, and Morton Keller, for example, point to an activist state established in the Progressive era to check a laissez-faire governing system as the foundation of subsequent New Deal accomplishments upon which reformers built “where progressives had left off.” Theda Skocpol adds a cross-national perspective, showing how the American welfare state instituted in the early twentieth century evidenced a distinctive “maternalist” dynamic oriented toward addressing women's economic needs, in contrast to “paternalistic” norms in Western European nations assisting male workers.
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RUIZ, V. "UNA MUJER SIN FRONTERAS." Pacific Historical Review 73, no. 1 (February 1, 2004): 1–20. http://dx.doi.org/10.1525/phr.2004.73.1.1.
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Making strategic choices regarding her class and ethnic identiÞcation for the cause of social justice, Luisa Moreno was the most visible Latina labor and civil rights activist in the United States during the Great Depression and World War II. Vice-president of the United Cannery, Agricultural, Packing, and Allied Workers of America (UCAPAWA-CIO), this charismatic Guatemalan immigrant organized farm and cannery workers across the Southwest, achieving particular success among Mexican and Russian Jewish women in southern California plants. In 1939 she was also the driving force behind El Congreso de Pueblos de Hablan Espa–ola (the Congress of Spanish-speaking Peoples), the Þrst national Latino civil rights assembly. A feminist and leftist, she faced government harassment and red-baiting in the late 1940s, especially for her past Communist Party membership.
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SANTOSO, Budi. "The Obstacles of Labor Inspection in Protecting Workers’ Rights in Indonesia." Journal of Advanced Research in Law and Economics 9, no. 5 (June 11, 2019): 1765. http://dx.doi.org/10.14505//jarle.v9.5(35).31.
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Labor inspection system is the fundamental function of labor law enforcement and effective compliance. Nevertheless, the lack of the system contributes to difficulties in promoting labor law compliance. This article aims to analyze the obstacles of labor inspection in Indonesia during the function be conducted by the district/regency government. By using descriptive and analytical methods, it can be concluded that there are some obstacles faced by the labor inspectors in the district/regency level in order to protect the workers’ rights. Those are the labor inspection planning is not going well, the stages of labor inspection process are not enforced, the number of labor inspector is not comparable with the number of companies that must be inspected, some the district/regency employment offices does not have civil servant investigators, intervention by local officials, no rotation of work area of the labor inspectors, most companies are small enterprises, and overlapping duties between labor Inspectors and mediators on advisory duty. These obstacles have caused the rights of workers to be less protected.
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Helgeson, Jeffrey. "Robert Rodgers Korstad,Civil Rights Unionism: Tobacco Workers and the Struggle for Democracy in the Mid-Twentieth-Century South. Chapel Hill: University of North Carolina Press, 2003. 576 pp. $55.00 cloth, $24.95 paper." International Labor and Working-Class History 68 (October 2005): 159–61. http://dx.doi.org/10.1017/s0147547905300238.
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Robert Rodgers Korstad's dramatic story of tobacco workers in Winston-Salem, North Carolina, during the 1940s and 1950s, reveals the intricate connections between a local struggle for better wages and working conditions and the broader fight for racial democracy and civil rights. On June 17, 1943, a group of black women at the Reynolds Tobacco plant stopped work, rejecting the authority of a dictatorial white foreman and expressing long-simmering anger over speed-ups, dangerous working conditions, and unjust wages. With the help of organizers from the left-leaning United Cannery, Agricultural, Packing, and Allied Workers of America (UCAPAWA), hundreds of black (and a few white) workers at Reynolds built Local 22 of the Food, Tobacco, Agricultural, and Allied Workers of America (FTA-CIO). Korstad eloquently tells us how the FTA succeeded. He points to the temporary convergence of factors, an active federal government in labor relations, the labor movement's aggressive Southern Front, and the move in the urban South toward white supremacy with “a lighter touch” (376) that created a moment of extraordinary opportunity for “working-class blacks [who], through their participation in the labor movement, were in the vanguard of civil rights efforts of the 1940s.”(422)
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Bezvin, O. S. "TRADE UNIONS AS AN INTEGRAL ELEMENT OF PUBLIC SERVICE." Legal horizons, no. 19 (2019): 13–19. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p13.
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The article deals with the trade unions as a grant to protect the rights and interests of civil servants, reveals the main tasks of trade unions. The activity of trade union organizations in the structure of the state body in Ukraine is analyzed. The legal mechanisms of asserting the violated rights of a civil servant by a trade union organization of a public body and the role of trade unions in protecting the rights of civil servants in developed countries are emphasized. The state at certain times gave the trade unions great powers to protect the rights and interests of workers, and then deprived the trade unions of these powers. In connection with this, various problems arose in regulating the activities of trade unions in the protection of individual and collective rights and interests in the protection of public servants. All this affected the legal status of trade unions. However, it should be noted that trade unions are in constant flux and this leads to improvements in the regulations governing their activities. However, it should be noted that today there are many problems in Ukraine regarding the exercise by the trade union organizations of their powers in the civil service. In particular, the legal status of trade unions in the civil service is not regulated enough, which, in turn, does not allow them to fully protect the legal rights and interests of civil servants. Considering the importance of trade unions in protecting labor rights and the socio-economic interests of workers, in developing democratic forms of citizen participation in managing economic and political processes, a democratic, legal, and social state, which is Ukraine, should support trade unions and take care of legislative consolidation. their authority. Trade unions at all levels should once again return to the consideration of their core functions and pay attention to those that will now be more conducive to the achievement of the main objective of the creation and activity of trade unions – the protection of social-labor rights and interests of trade union members. Today’s Ukraine needs strong unions. A strong union is a union that effectively protects the interests of its members, enjoys their trust and support, is able to organize, if necessary, collective action to protect the socio-economic rights and interests of employees, has sufficient organizational, financial, and human resources to fulfill its statutory tasks. Keywords: trade union organization, protection, rights, the role of trade unions, legal mechanisms.
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Fiorillo, A., C. De Rosa, C. Malangone, M. Luciano, D. Giacco, V. Del Vecchio, and M. Maj. "Views of general public, mental health professionals and patients’ relatives about schizophrenia: An Italian multi-centric survey." European Psychiatry 26, S2 (March 2011): 532. http://dx.doi.org/10.1016/s0924-9338(11)72239-8.
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IntroductionViews on the causes and psychosocial consequences of schizophrenia of the Italian population, patients’ relatives and mental health professionals can influence detection and outcome of these disorders.AimsTo investigate the opinions on schizophrenia in a sample of 614 lay respondents, 465 mental health professionals and 709 key-relatives.MethodsThe survey was conducted in 30 randomly selected geographical areas with the Questionnaire about Opinions on mental illness (QO).ResultsThe results show significant differences among the three groups as regards opinions about patients’ civil rights and social competence of patients with schizophrenia. In particular, the belief that patients’ behaviors are unpredictable is maintained by 18% of mental health workers and by 35% of family members and the general public. As regards causes, 68% of relatives, 20% of mental health workers and 34% of general public believe that schizophrenia is caused by psychosocial factors only. Forty-eight percent of the relatives affirmed that they are fully convinced of the usefulness of pharmacological treatment compared to 28% of professionals and 25% of the Italian population. With respect to civil rights, about half of the relatives is fully convinced that patients with schizophrenia should not have children compared to 17% of mental health workers and to 19% of the general public.ConclusionsThese results underline the need to conduct sensitization campaigns about schizophrenia focused on specific aspects of the disease, such as unpredictability, civil rights and opportunities to recovery of patients, taking into account the target population to which they are addressed.
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Felker-Kantor, Max. "“A Pledge Is Not Self-Enforcing”:." Pacific Historical Review 82, no. 1 (November 2012): 63–94. http://dx.doi.org/10.1525/phr.2013.82.1.63.
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This article explores African American and Mexican American struggles for equal employment in Los Angeles after 1965. It argues that activists and workers used the mechanisms set up by Title VII of the 1964 Civil Rights Act to attack the barriers that restricted blacks and Mexican Americans to poor job prospects. It shows that implementation of fair employment law was part of a dialectic between policymakers and regulatory officials, on one hand, and grass-roots individuals and civil rights organizations, on the other. The bureaucratic mechanisms created by Title VII shaped who would benefit from the implementation of the law. Moreover, blacks and Mexican Americans mixed ethnic power and civil rights frameworks to make the bureaucratic system more capacious and race-conscious, which challenged the intentions of the original legislation.
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Schneider, Eric C., Christopher Agee, and Themis Chronopoulos. "Dirty Work: Police and Community Relations and the Limits of Liberalism in Postwar Philadelphia." Journal of Urban History 46, no. 5 (May 1, 2017): 961–79. http://dx.doi.org/10.1177/0096144217705497.
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Police abuse of African Americans was an immediate trigger for the urban uprisings of the 1960s, and civilian review of police actions became a central tenet of civil rights liberalism. The failure of Philadelphia’s Police Advisory Board (PAB), the nation’s first independent civilian review board (1958), to meliorate police–community tensions suggests the limitations of civil rights liberalism: an inability to confront the role of police as “dirty workers,” who performed the unacknowledged but widely demanded function of maintaining racial hierarchy in the postwar city. Working-class African Americans, the most frequent victims of police brutality, came to see civilian review as a charade and rejected the limited vision of civil rights liberals. The PAB’s failure shows that police reform is impossible without a broader commitment to overturning racial hierarchy.
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Rafiqi, Rafiqi. "Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan." JPPUMA: Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area 5, no. 2 (December 28, 2017): 108. http://dx.doi.org/10.31289/jppuma.v5i2.1207.
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<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>
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Eleveld, Anja, and Franca Van Hooren. "The Governmentalization of the Trade Union and the Potential of Union-Based Resistance. The Case of Undocumented Migrant Domestic Workers in the Netherlands Making Rights Claims." Social & Legal Studies 27, no. 5 (August 28, 2017): 596–615. http://dx.doi.org/10.1177/0964663917725145.
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Ambivalence about rights is well known: rights may both challenge existing injustices while simultaneously re-enforcing sovereign regulatory control over citizens. In this article, we focus on the paradox that potentially radical and transformative claims to rights are made at a site – civil society – that under liberal governmentality has increasingly become a site of government. By exploring the unionization of undocumented migrant domestic workers (MDWs) in the Netherlands, we aim to show how rights claims are shaped and controlled by civil society. Using the analytical category of (in)visibility, the case study discloses the dualistic role of the union. On the one hand, the union operated as a site of resistance supporting undocumented MDWs to make their rights claims. On the other hand, it operated as a site of government of the same undocumented MDWs by selectively promoting work-related rights claims and excluding more radical claims for the right to come and go.
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Middlemiss, Sam. "The legal rights of workers and volunteers at the Edinburgh Festival Fringe." International Journal of Law and Management 63, no. 1 (August 17, 2020): 51–64. http://dx.doi.org/10.1108/ijlma-03-2020-0082.
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Purpose Against the background of the biggest arts festival in the world, there have been some shocking findings recently about the treatment of performers and other workers at the Fringe. The purpose of this paper is to consider the type of treatment a significant number of Fringe workers experience and how it might be dealt with under the law. The mistreatment of workers includes being: required to work excessively long hours, paid low wages or no wages, subject to sexual or street harassment, lookism, ageism or deprivation of other employment rights. What is unusual about Fringe workers is they normally only work for a short time (often a maximum of two months). Also, in respect of performers and other theatre workers, they might be inclined to work on a voluntary, unpaid basis to gain the necessary experience to kickstart their careers. Employers will often be theatrical promoters in charge of productions at a number of venues. This paper highlights the issues surrounding working at the Fringe and identifies the employment law issues for its workers. This involves identifying likely breaches of legislation under the civil law and contract law by employers. Also, the consideration of how the criminal law could apply to the treatment of workers is undertaken. Finally, it involves an analysis of how the rights of Fringe workers could be better protected. The findings and recommendations in this paper will have application to any situation where someone is employed as a volunteer or worker in an artistic setting on a short-term basis. Design/methodology/approach This paper is a review of sources drawn from articles in law journals, newspapers, etc. Findings The findings of this paper suggest that there is a need for reform of the law. Research limitations/implications This paper focuses on improving the rights of Fringe workers who have a history of being neglected or abused. Practical implications This paper ensures improved rights for Fringe workers. Social implications This paper analyses issues that are relevant for all workers in the arts at festivals, etc., throughout the UK. Originality/value This paper is extremely original.
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Adanhounme, Armel Brice. "Freedom or bread?" Management Research Review 41, no. 9 (September 17, 2018): 1069–87. http://dx.doi.org/10.1108/mrr-08-2017-0271.
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PurposeThe purpose of the paper is to question the false dilemma of bread (the social and economic rights) or freedom (the civil and political rights), which amounts to a simplified ambivalent vision either for or against “China in Africa”, in the debate over African workers’ rights in Chinese enterprises. The paper, first underscores the importance of the constraining and enabling institutional conditions by deconstructing this normative approach, and then proposes an alternative institutional approach to address issues pertaining to employment relations.Design/methodology/approachIn the tradition of deconstructive techniques, the paper draws three lines of institutional resistance to move the “China in Africa” controversy in employment relations beyond its normative approach. These lines of demarcation are an African ethnology as opposed to a Western modernist reference, a postcolonial analysis of powerin lieuof liberal hegemony and informality as a legitimate source of legality.FindingsThe paper suggests the Chinese corporate strategy as implemented by managers notably through human resource management practices, the African institutional contexts where the protagonists’ power resources are deployed and the paramount importance of informality in discussing the impacts of Chinese investments on workers’ rights in sub-Saharan Africa.Originality/valueThe paper shows that the disconnect between “good investment” that should improve social and economic rights and “bad employment” that downplays civil and political rights is not a “foreign” (Western or Chinese) issue per se, but a challenge for innovative employment relations that support investment and mind the workplace institutional context.
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Donlon, Anne, and Evelyn Scaramella. "Four Poems from Langston Hughes's Spanish Civil War Verse." Publications of the Modern Language Association of America 134, no. 3 (May 2019): 562–68. http://dx.doi.org/10.1632/pmla.2019.134.3.562.
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Langston Hughes traveled to Spain in 1937, during that Country's Civil War. He saw the Republic's Fight against Franco as an international fight against fascism, racism, and colonialism and for the rights of workers and minorities. Throughout the 1930s, Hughes organized for justice, at home and abroad, often engaging with communist and other left political organizations, like the Communist Party USA's John Reed Club, the League of Struggle for Negro Rights, and the International Workers' Order (Rampersad, Life 236, 286, 355; Scott). When the war in Spain began, in 1936, workers and intellectuals who were engaged on the left came from around the world to fight against Franco's forces; these volunteers, the International Brigades, included approximately 2,800 Americans known as the Abraham Lincoln Brigade, of which about ninety were African American (Carroll vii; “African Americans”). Hughes went to Spain to interview black antifascist volunteers in the International Brigades and write about their experiences for the Baltimore Afro-American, VolunteerforLiberty, and other publications. Much of Hughes's writing from Spain sought to explain to people at home why men and women, and African diasporic people especially, had risked their lives to fight in Spain. Hughes profiled African Americans fighting for the first time alongside white comrades in the International Brigades, including Ralph Thornton, Thaddeus Battle, and Milton Herndon (“Pittsburgh Soldier Hero,” “Howard Man,” “Milt Herndon”). In addition to writing articles, he wrote poetry, gave radio speeches, and translated poems and plays from Spanish into English. Much of Hughes's work from the Spanish Civil War has been collected in anthologies. However, so prolific was Hughes, and so fastidious was he in saving drafts and ensuring they reach his collection at Yale University's Beinecke Rare Book and Manuscript Library, that many unpublished works exist in archives. The four poems here represent different poetic registers and levels of polish, and they illuminate the dynamic range of Hughes's literary production during his time in Spain.