The Making of Law

The Making of Law

Author: William Suarez-Potts

Publisher: Stanford University Press

Published: 2012-09-26

Total Pages: 361

ISBN-13: 0804783489

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Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.


The United States-Mexico-Canada Agreement (USMCA)

The United States-Mexico-Canada Agreement (USMCA)

Author: Leslie Alan Glick

Publisher: Kluwer Law International B.V.

Published: 2020-10-19

Total Pages: 412

ISBN-13: 940351485X

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On July 1, 2020, after much expectation and delay, the new United States-Mexico-Canada Agreement (USMCA)—a greatly revised version of the North American Free Trade Agreement (NAFTA) of 1994—came into effect. This timely book by the author of the preeminent guide to NAFTA and an active participant and private sector advocate in the USMCA negotiation and legislative process provides a chapter-by-chapter analysis of the new agreement, clearly describing what has changed from the earlier agreement and what is new. After a concise but expertly calibrated summary of NAFTA, the author proceeds systematically through a practical analysis of each USMCA provision, emphasizing such crucial new elements as the following: new rules on intellectual property rights; stricter rules of origin within the automotive industry; major reforms in Mexican labor laws and their enforceability; opening of Canada’s agricultural and dairy sector to more U.S. competition; entirely new chapter on digital trade; new dispute mechanisms; requirement of an increased minimum wage in auto plants; and a new chapter on environmental standards. Changes in such important aspects of trade as textiles and apparel, ownership of hydrocarbons, cross-border trade in services, and anticorruption measures are also fully described. The USMCA is a response to a United States initiative to renegotiate NAFTA. As a key regional trade agreement with vast global ramifications, familiarity with its content and rules is essential for all business, legal, policymaking, and academic parties concerned with international trade. This useful practical guide will be a welcome addition to private and corporate libraries, including corporate counsel, customs brokers, freight forwarders, logistics and import-export managers, government officials, and academics who need a thorough understanding of the new agreement.


Immigration Law and the U.S.–Mexico Border

Immigration Law and the U.S.–Mexico Border

Author: Kevin R. Johnson

Publisher: University of Arizona Press

Published: 2011-11-01

Total Pages: 314

ISBN-13: 0816505594

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Americans from radically different political persuasions agree on the need to “fix” the “broken” US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Law and the US–Mexico Border, Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico. In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against “illegal aliens”—persons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a “land-grab of epic proportions” when the United States “acquired” nearly two-thirds of Mexican territory between 1836 and 1853. The authors explain US immigration law and policy in its many aspects—including the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.


Law and Employment

Law and Employment

Author: James J. Heckman

Publisher: University of Chicago Press

Published: 2007-11-01

Total Pages: 585

ISBN-13: 0226322858

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Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation. Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers. Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.


Claiming Rights and Righting Wrongs in Texas

Claiming Rights and Righting Wrongs in Texas

Author: Emilio Zamora

Publisher: Texas A&M University Press

Published: 2009

Total Pages: 340

ISBN-13: 9781603440660

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For Mexican workers on the American home front during World War II, unprecedented new employment opportunities contrasted sharply with continuing discrimination, inequality, and hardship.


The Invisible Workers of the U.S.–Mexico Bracero Program

The Invisible Workers of the U.S.–Mexico Bracero Program

Author: Ronald L. Mize

Publisher: Lexington Books

Published: 2016-08-30

Total Pages: 249

ISBN-13: 1498517811

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As the first and largest guestworker program, the U.S.–Mexico Bracero Program (1942–1964) codified the unequal relations of labor migration between the two nations. This book interrogates the articulations of race and class in the making of the Bracero Program by introducing new syntheses of sociological theories and methods to center the experiences and recollections of former Braceros and their families.


China's Workers Under Assault

China's Workers Under Assault

Author: Anita Chan

Publisher: Routledge

Published: 2016-07-01

Total Pages: 262

ISBN-13: 1315502119

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This important book contains case studies with substantive analysis of Chinese workers in a variety of settings: state enterprises, urban collectives, township and village enterprises, domestic private enterprises, and foreign funded enterprises. The cases include urban workers migrant workers from the countryside, and workers who are sent to work outside of China. The analytical framework for these case studies lays out why labor rights violations have been occurring in China and highlights the contex in which these violations operate and the extent to which these selected cases are not isolated incidents. Moreover, the dilemma of Chinese workers is put into international perspective: the context of the international labor market, the setting of competitive minimum wages in Asia, and the concern for Chinese workers' rights taken up by the International Labor Organization (ILO). This book debunks the conventional wisdom that Chinese workers are thriving because the Chinese economy is booming. Indeed the wage structures of these enterprises of different ownership types contribute to widening income disparities in China. The book uncovers what exactly overseas Chinese entrepreneurship (Taiwan and Hong Kong), means at the factory level. And it calls for a new approach to scrutinizing the phenomena of the so-called Chinese economic miracle and it's repercussions on other economies and labor markets.


Organized Labour and Politics in Mexico

Organized Labour and Politics in Mexico

Author: Graciela Irma Bensusán Areous

Publisher: University of London Press

Published: 2012

Total Pages: 0

ISBN-13: 9780956754929

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As a consequence of market-oriented reforms and historic shifts in government policy toward labor, the Mexican organized labor movement has declined substantially in size, bargaining strength, and political influence since the 1980s. Democratization has expanded workers' choices at the ballot box, and some unions have bolstered their position by forging alliances with counterparts in Canada and the United States. By analyzing the changes, continuities, and contradictions characterizing labor politics in Mexico, this book contributes to a broader assessment of organized labor's role in contemporary Latin America. Democratization has had remarkably little impact on the state-labor relations regime institutionalized following the Mexican Revolution of 1910-1920. This legal regime both underpins the position of unrepresentative union leaders and grants government officials extensive controls over labor organizations. The combination of weakened unions, unaccountable leaders, and strong government controls fundamentally constrains workers' capacity to defend their interests. This state of affairs--especially the failure to enact progressive labor law reform since democratic regime change in 2000--limits democracy and imposes heavy costs on society as a whole.