Re-Visiting the Chinese 'Land-Mark Cases' of Employment Discrimination in Light of Theories of Employment Discrimination and American Adjudication Pra PDF Download
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Author: Dessie Tilahun Ayalew Publisher: Eliva Press ISBN: 9781636481418 Category : Law Languages : en Pages : 58
Book Description
The People's Republic of China (PRC) is an old country with a socialist orientation of its characteristics. Thus, actual empowerment and rights recognized by the working force are something that seeks attention. But the age of labor law as well as social movements for guaranteeing worker's rights is a very young legal regime and practice while comparing it with the American counterpart. The Labour Contract Law of PRC started and promulgated in 1994 and the first social movement of workers against employment discrimination happened only at the beginning of this millennium. The social movements of Chinese workers against employment discrimination and passed through right-based litigation gave a clue and hint that workers can guarantee their constitutional rights if properly alleged before courts of law as per constitutional rights. Because the Chinese courts have an active role in judicial activism, it is difficult to say that the Chinese employment discrimination cases are judge-made. Thus, this paper tried to re-examine the 'grand employment discrimination cases in light of the distinguished jurisprudence of theories of discrimination and American adjudication. The paper argued that though the employment discrimination cases of Chinese are at the beginning stage, they are a breakthrough by themselves and should be developed further in light of the basic theories of discrimination and Chinese Courts should draw lessons as well strengthen their independence.
Author: Dessie Tilahun Ayalew Publisher: Eliva Press ISBN: 9781636481418 Category : Law Languages : en Pages : 58
Book Description
The People's Republic of China (PRC) is an old country with a socialist orientation of its characteristics. Thus, actual empowerment and rights recognized by the working force are something that seeks attention. But the age of labor law as well as social movements for guaranteeing worker's rights is a very young legal regime and practice while comparing it with the American counterpart. The Labour Contract Law of PRC started and promulgated in 1994 and the first social movement of workers against employment discrimination happened only at the beginning of this millennium. The social movements of Chinese workers against employment discrimination and passed through right-based litigation gave a clue and hint that workers can guarantee their constitutional rights if properly alleged before courts of law as per constitutional rights. Because the Chinese courts have an active role in judicial activism, it is difficult to say that the Chinese employment discrimination cases are judge-made. Thus, this paper tried to re-examine the 'grand employment discrimination cases in light of the distinguished jurisprudence of theories of discrimination and American adjudication. The paper argued that though the employment discrimination cases of Chinese are at the beginning stage, they are a breakthrough by themselves and should be developed further in light of the basic theories of discrimination and Chinese Courts should draw lessons as well strengthen their independence.
Author: Baohua Dong Publisher: Kluwer Law International ISBN: 9789041195494 Category : Labor disputes Languages : en Pages : 0
Book Description
'Landmark Labor Law Cases in China' provides the most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. Each case has its own special features involving different legal problems and covering common issues in the existing labor law system of China. The Labor Law of the People?s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book addresses the most pressing challenges, particularly, the complexity and variability of the legal system concerning labor and employment in China.
Author: Charles J. McClain Publisher: Univ of California Press ISBN: 9780520917811 Category : History Languages : en Pages : 400
Book Description
Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination—in housing, employment, and education—in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts. McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks. In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, In Search of Equality brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.
Author: Xiaonan Liu Publisher: ISBN: 9789004421011 Category : Discrimination Languages : en Pages : 0
Book Description
The international standard, experience and Chinese practice regarding equality and non-discrimination / Liu Xiaonan -- From height to genes : the legal development of anti-discrimination in China / Zhou Wei -- China's anti-discrimination law legislation : difficulties and future / Wang Bin -- Protection of ethnic equality in the field of social public service / Li Hao -- Conflicts between protection and discrimination : multiple predicaments of gender equality in legislation and judiciary focusing on the special regulation on labor protection of female workers / Guo Huimin and Wang Jue -- Legislative protection and gender budget of women's right to equality international and domestic perspectives / Xu Shuang -- Employment fraudulence vs. employment discrimination a case study on secretive marriage, pregnancy or childbirth / He Xia -- Silent changes transsexuals' right to marry in mainland China and Hong Kong / Guo Xiaofei and Zhu Jingshu -- Sexual harassment : stepping outside the shadow of Chinese law and policy / Zhang Lining -- "Beijing + 25" retrospect and prospect : the establishment of a sexual harassment prevention mechanism in the workplace from the perspective of human rights / Liu Xiaonan and Huang Zhouzheng -- "The object of welfare" or "the subject of rights"? Social disability awareness reflected by the themes of the international day of persons with disabilities and the national day for helping persons with disabilities / Liang Tukun and Fu Gaoshan -- Tackling discrimination based on health status in China : law and practice / Li Zijin -- A study of age discrimination and China status quo / Hao Luyi -- Study on the supervision mechanism for eliminating gender discrimination in recruitment / Yang Hui -- Analysis of the legal issues concerning employment gender discrimination litigation in China / Liu Xiaonan -- Employment discrimination lawsuits in China a survey study and a discussion / Lu Jiefeng -- The judicial protection of the right of equality based on the observation and summarizing of 116 anti-discrimination cases / Li Cheng.
Author: Zimmer, Bradley Publisher: Aspen Publishers ISBN: 9780735541023 Category : Business & Economics Languages : en Pages : 436
Book Description
Employment Discrimination: Case Supplement with Selected Statutes, by Zimmer, Sullivan, and White, offers important updates of Supreme Court cases and statutory law to accompany the authors' casebook, The Sixth Edition of Cases and Materials on Employment Discrimination, and other casebooks covering employment discrimination topics. Major new cases include: Desert Palace v. Costa Raytheon Co. v. Hernandez Smith v. City of Jackson Pennsylvania State Police v. Suders General Dynamics Land Systems, Inc v. Cline Clackamas Gastreoenterology Assoc., P.C. v. Wells
Author: Mary E. McClymont Publisher: ISBN: Category : Business & Economics Languages : en Pages : 384
Book Description
This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.
Author: United States Publisher: ISBN: Category : Law Languages : en Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: Dessie Tilahun Ayalew
Author: Dessie Tilahun Ayalew
Author: Baohua Dong
Author: Charles J. McClain
Author: Xiaonan Liu
Author: Zimmer, Bradley
Author: Michael J. Zimmer
Author: 
Author: Mary E. McClymont
Author: 
Author: United States