Legal Workers Research Articles

On the Problems and Countermeasures in the Development of Chinese Legal Workers

The legal worker is an indispensable part of the legal procedure system of our country. They are mainly engaged in litigation and consulting services, and earnestly perform the duty of safeguarding the rights of the parties, which makes the recognition and trust of them in today’s society keep rising. This paper takes the legal workers as the core, combines the relevant laws and regulations and the actual situation, discusses in detail the historical origin of the legal workers, the existing problems in the current development and gives the relevant countermeasures on the actual problems.

Job Search With Legal and Illegal Workers: A Comparative Static Analysis

Abstract This paper incorporates government immigration policy variables in a job search and match framework to examine its implication on labour market outcomes. The main assumption is that illegal workers can be penalized by receiving lower equilibrium wages or face possible deportation; and government can regulate illegal workers by introducing a “caught variable”, η, in the model. By a comparative statics analysis, the study has revealed that changes in the wages of illegal workers have both direct and indirect effect on wages of legal workers. Also, an important finding is that η has positive impact on most of the labour market parameters considered in the study.

Post–World War II Tejano Farm Labor: A Remembrance

Post–World War II Tejano Farm Labor:A Remembrance Arnoldo De León (bio) Click for larger view View full resolution A map of South Texas showing notable locations for this article. [End Page 136] Recent historical monographs about post–World War II South Texas posit that due to Cold War-era modernization and industrialization, large and mechanized corporate entities able to buy the needed farm machinery and devices, pay irrigation costs, and invest in insect eradication products displaced small independent farmers who could not afford the investments required for healthy profits.1 Newer research detects in this era the rise of a powerful and politically influential conglomerate of agribusiness companies with a free hand to exploit a mass of transient Mexican farm workers.2 The corporate farming system that took root in the trans-Nueces River area, some of these latest tomes find, was as brutal in its oppression as other systems adopted by capitalist powers in the exploitation of their territorial dependents. Indeed, historian Tim Bowman likens South Texas [End Page 137] corporate bosses to European oppressors who established colonial societies in underdeveloped countries. He argues that this colonialism, first implanted in the Lower Rio Grande Valley by Anglo growers in the early twentieth century, remains in a modified form. Texas Mexicans faced a cold-hearted, merciless, and detached syndicate of growers in the 1950s and after who manipulated the sizable pool of braceros and mojados (the former legal workers from Mexico temporarily in the United States under contract and the latter in the country illegally, derisively called "wetbacks") to depress farm wages. John Weber, another scholar of Mexican American labor, writes that "South Texas growers devised a thoroughly modern set of practices that relied on forced mobility, enforced immobility, and an activist state not present in earlier times."3 Corporate farming, the literature indicates, consisted of a structured world undergirded by an army of mobile families. Migrant farm workers after World War II suffered grim poverty and grappled with precarious road travel. They agonized first over what means of transportation (many relied on troqueros, or truckers) would carry them through the harvest season. Then they faced uncertainties about work availability at the next destination. Distress beset male heads of families who concerned themselves with properly provisioning their wives and children and obtaining safe shelter for them; some of the labor camps along the migrant route offered barely livable conditions. There appeared no refuge for migrants upon returning to their home region. Most came back to struggle through the winter in substandard quarters until the seasonal cycle resumed. Children enrolled at run down and unkempt "Mexican schools" until the spring.4 Weber writes: The condition of Mexican and Mexican American farmworkers in South Texas changed little from the beginning of the farm boom in the 1910s until the post-Bracero era. From the beginning of large-scale migration from Mexico during the Revolution, Mexican and Mexican Americans were viewed by potential employers as a never-ending supply of labor power, more beasts of burden than citizens. This system was merely amplified over the next several decades, even as massive economic and political changes occurred in both nations.5 My remembrances of growing up on small farms in South Texas run counter to the conventional characterization given of labor structures in the history books. Certainly, corporate farming gained power and influence over labor in Texas after World War II, but to not to the extent of [End Page 138] being the sole system of agricultural order in the state. I contend as much based on memories of my youth in Nueces County,6 first at the Chap-man Ranch (1945–56) and then at the Jesse T. Parr farm in Robstown (1956–63), where an alternate labor structure prevailed. The Parr farm in particular stands out as a salient exception to what the scholarship says about the world of organized cropping after World War II, and so I draw attention to it as a viable agricultural model that persisted concomitantly with and complementary to commercial farming in that era. Small farming operations, commonly found in Nueces County and neighboring counties, consisted of a white property owner...

Survey reveals shockingly low levels of pay and rising tensions as junior legal workers organise

Survey reveals shockingly low levels of pay and rising tensions as junior legal workers organise

A fair wage for legal aid: organising for legal sector workers' rights

A fair wage for legal aid: organising for legal sector workers' rights

Equal Health Opportunity for Unskilled Migrant Workers within Limited National Healthcare Scheme in Thailand's Context


 
 
 Health is an important indicator of the population in every country, including migrant workers in destination countries, according to the provisions of international laws that govern health services without regard to the legal status of migrants. This article reviewed information from academic papers, research, and interviews with relevant personnel. The objective of this article is to point out information on health systems for migrants from the perspectives of both outsiders and insiders, which include research and data from interviews with the relevant health personnel in Thailand. The study indicated that academic papers published by foreigners see the Thai healthcare system as having a variety of problems in the exploitation of migrant workers, while Thai health personnel provides services without discrimination in all groups. In reality, Thai laws and national healthcare scheme require certain specific limited conditions for migrant workers for reasons of security, disease prevention, and control, including Thailand’s struggle to deal with an influx of both legal and illegal workers into the country. Therefore, it is not easy to manage the healthcare scheme in order to increase coverage and equality for migrants and Thais alike. This study attempts to understand the development direction of the Thai health system as it moves into the future to provide coverage for all involved parties based on social capital and feasibility of action under the health policies of the developing country destination of Thailand.
 
 

Derecho a la comunicación de organizaciones campesinas de Goya, Corrientes

En este artículo los autores proponen recuperar la experiencia de la Red de Comunicadores Populares de las ciudades correntinas de Goya y Lavalle. El interés de este abordaje radica en que, por un lado, la Red sintetiza el silenciamiento, el ocultamiento al que fueron sometidos históricamente los agricultores familiares: arrebato de sus tierras, precarización como trabajadores e invisibilidad en los medios de comunicación. Por otro lado, esta experiencia corporiza el surgimiento de un Estado presente que los reconoce, que los visibiliza con políticas públicas pensadas y desarrolladas desde el debate conjunto con los agricultores familiares, concibiéndolos como sujetos de derecho.

Legal Consciousness and Workers’ Resistance in Đồng Nai Province, Vietnam

AbstractThis article examines how labour law contributes to labour resistance in Vietnam through an empirical case study of the ‘core workers’ in Đồng Nai Province. These core workers are factory workers who have undergone legal training and who provide legal aid to factory workers in need. They have, at the same time, deployed their legal knowledge to demand access to justice for themselves and the factory workers. This article demonstrates that the core workers’ legal consciousness is shaped by their mobilization of the law and their own workplace experiences. It then investigates in detail a core worker’s engagements with individual and collective disputes, and discusses his views on legal aid, labour law, and workplace relationships. This article argues that the core workers’ resistance is not only a fight against illegal practices, but that it also embodies a call for the management’s moral obligations towards its workers.

ЗАБЕЗПЕЧЕННЯ ФІНАНСОВОЇ СПРОМОЖНОСТІ ОБ’ЄДНАНИХ ТЕРИТОРІАЛЬНИХ ГРОМАД В УКРАЇНІ

In the process of decentralization reform, the issue of ensuring sustainable development at the local territorial level is very relevant and important from the point of view of stabilizing the social and economic situation in the regions of the country. Fiscal and budgetary decentralization has become the basis for a significant increase in the financial resources of the budgets of the joint territorial communities (OTH), but along with additional financial resources, local governments have gained great powers in maintaining budgetary institutions and providing social services to the population of their community. Therefore, here, it is worthwhile to focus attention on those key problems that arose as a result of these transformational changes in local self-government and the formation of OTH own and attracted funds. The first among the key problems is the loss of a significant part of tax revenues to the OTH budgets. In particular, the income from personal income tax, land fees, single tax and real estate tax is different from the land plot. The reasons for these losses are: low level of financial control by local governments of economic entities, issues of accounting for legal workers and real trade turnover, understatement of rates of payment for land, and other reasons. The second problem, as noted above, is the low activity of OTH self-management bodies in developing real investment projects in order to attract additional funds from state and non-state funds. The next problem can be unequivocally defined as the limited tools for monitoring the use of budgetary funds, as well as total corruption and bureaucracy at the local level. In order to solve these problems and ensure financial solvency of the budgets of the joint territorial communities at the state and local level, a number of activities are already taking place. To increase the level of efficiency and transparency in the use of OTH funds, in Ukraine, with the support of the Netherlands Embassy (MATRA program), the project "Financial transparency of the united communities" has been launched. This project is aimed at increasing the economic capacity of the united communities, which will permit to more effectively solve issues of local development, increase the competitiveness of territorial communities, fight corruption at the local level, and ensure the welfare of the local population. Within the framework of this project, in 2017, at the regional and district levels, the training of representatives of local self-government bodies are held with the aim to increase the financial capacity of territorial communities, to boost the financial literacy of representatives of territorial communities, in particular in attracting financial resources and their effective use for local development needs. These measures will help to increase the activity of all interested members of the public to influence, control the processes of formation and use of financial resources; citizens will be more actively involved in the processes of local government. As a consequence, all these measures will ensure the creation of conditions for sustainable economic development of the regions of Ukraine and the financial soundness of their budgets.

From Harmful Treatment to Secondary Gain: Adverse Event Reporting in Dyspepsia and Gastroparesis.

Medical management of gastroparesis and functional dyspepsia remains difficult with several recent trials showing limited or no benefit. If treatment comes with only marginal improvements, concerns about adverse events become more relevant. We therefore examined the type and outcomes of side effects submitted to a public repository. We searched the Federal Adverse Event Reporting System for reports associated with the treatment of dyspepsia or gastroparesis. Demographic data, medications used and implicated, side effects, and outcomes were abstracted for the years 2004-2015. Acid-suppressive agents and prokinetics were the most commonly listed medications with a stronger emphasis on prokinetics in gastroparesis. Submissions related to metoclopramide by far exceeded reports about other agents and mostly described tardive dyskinesia or other neurological concerns. They peaked around 2012, driven by submissions through legal workers. Most reports about metoclopramide described short-term use to prevent or treat nausea and vomiting. Concerns about acid-suppressive medications increased over time and spanned a wide spectrum of potential problems, including osteoporosis, worsening renal function, or cardiac events. Despite biasing factors, such as pending legal action, the voluntary repository of adverse events provides insight into current medical practice and its associated risk. Knowing about common and uncommon, but potentially serious risks may enable patients and providers to decide on effective and safe management strategies.

A Model of Smuggling and Trafficking of Illegal Immigrants with a Host Country Policy

AbstractThis paper deals with illegal immigration via two distinct activities—smuggling and trafficking of workers. A destination–source model determines economic pay‐offs and a standard labor market policy works as a deterrent. Tax paid by legal unskilled workers at the destination is determined endogenously and it finances inland monitoring against illegal immigration, holding the border patrol at a given level. The tax also finances unemployment benefit to legal workers at the destination. The number of immigrant smugglers and traffickers is also determined endogenously along with employer penalty and market wage for illegal immigrants. Higher unemployment benefits may reduce illegal wages, raise traffickers’ rent and reduce flow of illegal immigrants from the source countries.

Shift in Occupational Risk for Basal Cell Carcinoma from Outdoor to Indoor Workers: A Large Population-based Case-control Register Study from Sweden.

Basal cell carcinoma (BCC) is the most common form of cancer worldwide. Exposure of the skin to ultraviolet (UV) radiation, from sunlight and other sources, is the most important risk factor. The aim of this large-scale case-control study was to determine which occupations are associated with increased risk of BCC in Sweden. The case cohort comprised 74,247 patients with BCC and the control cohort comprised 574,055 subjects linked to population-based registers. Compared with the occupational category of farmers, foresters and gardeners we observed elevated risks of BCC for almost all occupational categories studied. Legal workers with odds ratio (OR) 2.69 (95% confidence interval (CI) 2.36-3.06), dentists OR 2.69 (95% CI 2.35-3.08) and physicians OR 2.47 (95% CI 2.24-2.74) had the highest risk for both sexes taken together. In conclusion, there appears to have been a change in the risk of BCC from outdoor to indoor occupations in Sweden, possibly related to exposure to UV radiation during leisure activities exceeding occupational sun exposure as the main cause of BCC in Sweden.

Challenges and Opportunities to Improve Tuberculosis Screening among Immigrant Plantation Workers in Sabah, Malaysia

Tuberculosis (TB) among immigrants has substantial contribution to the TB epidemiology in Sabah. This study aimed to determine the yield of screening for TB disease among immigrant plantation workers in Sabah, Malaysia. This was a prospective cohort study involving 482 legal immigrant workers aged 18 years and above, consented and available at study sites during the study period. Workers with previous history of TB or currently on TB treatment were excluded from participation. Symptom based questionnaire was administered along with both chest radiograph and sputum samples collection for symptomatics participants. Out of<strong> </strong>482 plantation workers creened, there was no case of active TB detected among the 44 (9.1%) symptomatics participants. Finding of low TB yield in this study was rather unexpected but this indicates the real challenges for the local health authority to come out with more cost effective screening programs, including reducing stigma, in active TB screening among migrant population.

Legal Education in China: Globalizing with Chinese Characteristics

After presenting a brief history of Chinese legal education, this article describes current law training programmes, innovative efforts to incorporate global perspectives into legal education, the birth of Chinese clinical legal education, and some of these challenges facing traditional law schools and the legal profession. It identifies efforts at reform, such as young experimental law schools with emphasis on comparative law and skills training and the state’s new plan to reform and improve higher legal education with greater emphasis on practical legal training, global law and training for rural legal workers. The article concludes by recommending a number of additional responses to the challenges facing legal education, including further reforms to fund quality skills training, expand global and comparative approaches across different types of legal education, institute new incentives for faculty and teaching innovations and reduce teaching workloads and class sizes.

Do E‐verify mandates improve labor market outcomes of low‐skilled native and legal immigrant workers?

We examine the impact of the 2007 Legal Arizona Workers Act (LAWA) on employment outcomes of low‐skilled legal workers. We use the synthetic control method to select a group of states against which the labor market trends of Arizona can be compared. Our results suggest that contrary to its intent, LAWA does not appear to have improved labor market outcomes of legal low‐skilled workers who compete with unauthorized immigrants, the target of the legislation. In fact, we find some evidence of diminished employment and increased unemployment among legal low‐skilled workers in Arizona. These findings are concentrated on the largest demographic group of workers—non‐Hispanic white men. While they are less likely to find employment, those who do have on average higher earnings as a result of LAWA. The pattern of results points to both labor supply and labor demand contractions due to LAWA, with labor supply dominating in terms of magnitude.

A response to the challenges posed by the binary divide between employee and self-employed

Purpose– The purpose of this paper is to examine the nature of the legal relationship tying workers to employers. It explores how the individual who is categorised as an employee is distinguished from a self-employed or independent contractor or a worker. The common law tests for classifying employment status are analysed against a backdrop of emerging research literature. Recommendations for reform are provided, drawing from the work of prominent scholars such as Mark Freedland and Simon Deakin.Design/methodology/approach– The paper reviews court decisions and examines arguments raised in relation to the binary divide between employed and self-employed. The paper is largely conceptual.Findings– This paper has shown that divergence between law and realities of employment still puzzle modern law reformers and judges alike. The common law test have proved to be inadequate and new solutions have been recommended. One of the suggest solutions is to import the doctrine of good faith into the tests.Originality/value– The paper makes recommendations that will further refine and clarify the employment relationship in a bid to create a more inclusive “labour law” capable of protecting a wider range of atypical and vulnerable work relations. This paper will inform managers on the challenges in relation to classification of employment status brought about by the growth in atypical work.

Narrating authenticity in northern Italian historical cafés

While many migrants are now legal workers in Italian corporations (usually holding less desirable jobs), tensions between this new migratory workforce and Italians continue today. During the 1970s and 1980s, Italy changed from being a country of emigrants to a receiver of immigrants (the so called “extracomunitari”). This increased flow of immigrants has affected Italian self-perceptions of national culture and identity, and has led to new forms of strong anti-immigration legislation, supported especially by the influential Lega Nord (‘Northern League’) political party. A new wave of narratives that either counter or foster these anti-immigrant discourses has emerged. Using a corpus of naturally recorded oral narratives about migrants that I collected in several northern Italian historical cafés, this article explores how executives redefine both their individual and their corporate identities in narratives about immigrants. In particular, this article analyzes the different stances, or positionings, that executives assume to construct their corporate identity vis-à-vis the challenging Italian political climate surrounding migratory politics.

Does Working with Child Abuse Cases Affect Professionals’ Parenting and the Psychological Well-Being of Their Children?

Work in the field of sexual abuse is extremely stressful and may arouse negative personal reactions. Although these secondary trauma effects are well described on a personal level, there is not enough evidence to understand whether these professionals carry these effects to their homes, families, and offspring. This study aims to identify the effects of working with child abuse cases on the anxiety level and parenting styles of childhood trauma workers and on their children’s well-being. A total of 43 health and legal system workers who worked with abused children in any step of their process and who had children constituted the study group, and 50 control cases, each working in the same institution and having the same occupation as 1 of the participants from the study group and having children but not working directly with children and child abuse cases, were included in the study. Participants were asked to fill out a sociodemographic form, the Parental Attitude Research Instrument, the trait portion of the State-Trait Anxiety Inventory, and an age-appropriate form of the Child Behavior Checklist for each child they had. Professionals in the study working with child abuse cases demonstrated significantly higher democratic parenting attitudes. Law enforcement workers working with child abuse cases demonstrated stricter and more authoritarian parenting strategies, as well as more democratic attitudes, than their colleagues. There was not a statistically significant relationship between child abuse workers’ anxiety level and their children’s well-being among control subjects.

Dissemination of Law and Access to Justice at the Village Level: A Case Study of Barefoot Lawyers in the Villages of China

At a time when professional law firms have widened the gap between the legal system and grassroots social life, “barefoot lawyers,” part-time legal workers in villages and towns, are paving the ways for people to “approach justice.” The emphasis on “welcoming law into the countryside” on the part of barefoot lawyers not only serves to fill gaps in the legal services system in the countryside, it also reestablishes the very concept of “legal services” in village society. That is, barefoot lawyers offer legal services based more on long-term human relationships than on money. Therefore, barefoot lawyers are essentially different from those unlicensed practitioners who seek only economic benefits, and they have remarkable significance in promoting the rule of law and shaping a citizen-society. The so-called “Zhou Guangli puzzle” arises for barefoot lawyers, however, owing to the conflict between the manner in which the state seeks to govern village society and the spontaneous ways in which local interests are expressed, legally and otherwise.

Building Factories Without Bosses: The Movement of Worker-Managed Factories in Argentina

In the 1990s and 2000s, Argentina suffered one of the quickest and most extreme processes of neoliberal state reforms in the world, leading to the closure of numerous factories. To resist the increased unemployment produced by neoliberalism, workers started to organize in a movement aimed at defending their only source of income: their labor. In this article, I analyze the main characteristics of the movement of worker-managed factories in Argentina by exploring how factories were occupied, what motivated the workers' decision to create co-operatives, what made the factories economically viable, how they were legitimated by the community, which legal reforms workers achieved to support their struggle, and how they manage their factories.