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...
Read MoreThe State of Care: Rethinking the Distributive Effects of Familial Care Policies in Liberal Welfare States by Hila Shamir
The Paper offers a new analytical framework for the study of the regulation of family relations. The framework builds on distributive models of the welfare state, and goes beyond the family-state dyad to include the market as a sphere in which the family is meaningfully regulated. The offered framework challenges the traditional boundaries of family law and suggests an understanding of the institution of the family as defined through its interaction with the institutions of the labor market and...
Read MoreAchieving Accountability for Migrant Domestic Worker Abuse by Janie Chuang
Achieving Accountability for Migrant Domestic Worker AbuseDomestic work has become increasingly commoditized in the global economy. Migrant domestic workers’ remittances constitute a rich source of revenues for their countries of origin, while their labor ameliorates the “care deficit” experienced in wealthier countries of destination. Despite the importance of their work, migrant domestic workers are some of the most exploited workers in the world. They are often discriminated against...
Read MoreWHAT‟S THE BORDER GOT TO DO WITH IT? HOW IMMIGRATION REGIMES AFFECT FAMILIAL CARE PROVISION—A COMPARATIVE ANALYSIS by Hila Shamir
The current wave of international migration is larger than ever before. It is also “feminized” both in that approximately half of the world‟s migrants are now women and in that the work that many of them engage in is traditional “women‟s work” such as cleaning; taking care of children, the elderly, and the disabled; and sex work. The workers migrate to the “receiving” countries through formal (legal) as well as informal (illegal) routes, some temporarily and others with the hope...
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