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Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care by Hila Shamir

This Article offers a new analytical framework for understanding the distributive role of legal regulation in the interaction of “home ” and “work. ” Using this framework, the Article maps the “double exceptionalism ” of the family in U.S. federal employment law. It suggests that employment law treats familial care responsibilities as exceptional in two different ways: first, through family leave benefits that affect the primary labor market, labeled here “affirmative exceptionalism”; and, second, through the exclusion of inhome care workers from protective employment legislation in the secondary labor market, labeled here “negative exceptionalism. ” This double exceptionalism of the family in employment law serves as a basis for an assessment of the distributive outcomes of employment law across class and gender lines. The Article shows that the combined study of affirmative and negative exceptionalism—of how employment law affects the availability of labor, as well as the working conditions, of both care workers and their employers—is crucial to a holistic understanding of the formative and distributive effects of employment law on markets of care. A central implication is that employment law should be understood as an accessible, if obdurate, legal tool which holds the potential for achieving distributional shifts from current social and political divisions of power among members of households and classes alike.

Between Home and Work 

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  1. The State of Care: Rethinking the Distributive Effects of Familial Care Policies in Liberal Welfare States by Hila Shamir
  2. The Value of Critique and Distributive Analysis to Addressing the Needs of Sex Workers in the Context of HIV: A Response to Libby Adler’s “Gay Rights and Lefts” by Aziza Ahmed
  3. What’s Wrong with Prostitution? What’s Right with Sex Work? Comparing Markets in Female Sexual Labor by Elizabeth Bernstein
  4. Feminism, Power, and Sex Work in the Context of HIV/AIDS: Consequences for Women’s Health by Aziza Ahmed
  5. WHAT‟S THE BORDER GOT TO DO WITH IT? HOW IMMIGRATION REGIMES AFFECT FAMILIAL CARE PROVISION—A COMPARATIVE ANALYSIS by Hila Shamir