Category Archives: International & Foreign Law

Equal Pay

On April 4, 2017, as part of the Legal Lunches series, BLS professors Liz Schneider and Susan Hazeldean led a lively townhall discussion on the impact of the Trump administration on women’s rights, reproductive rights, and LGBTQ rights.  

President Kennedy signs Equal Pay Act into law in 1963

One of the topics discussed was equal pay. When the Equal Pay Act was signed into law in 1963, women received 59 cents for every dollar earned by a man. Despite progress over the years, women who work full-time currently earn only about 80% of what their male counterparts earn. Among other efforts, President Obama had issued Executive Order 13673 (Fair Pay and Safe Workplaces) on July 31, 2014, which was aimed, in part, at narrowing that gap.

Trump’s revocation of the Obama executive order on March 27, 2017 nullifies rules that required paycheck transparency, and that barred federal contractors from imposing mandatory arbitration when their workers raised claims of sexual assault or sexual harassment.  The revocation is particularly harmful to women workers. Prof. Schneider also pointed out that the Trump administration has deleted the White House webpage on equal pay. Where the Obama White House once had information about the Lilly Ledbetter Fair Pay Act and the Equal Pay Pledge, all that remains is a landing page with the terse “Thank you for your interest in this subject. Stay tuned as we continue to update whitehouse.gov

April 4, 2017 also happened to be Equal Pay Day.  This is the day that symbolizes how far into the next year a woman has to work, in order to earn what a man did during the preceding year. Equal Pay Day is always commemorated on a Tuesday, to further represent how far into the following work week women have to work, to reach the level earned by men the previous week.

BLS Library has various print and digital resources on the subject of equal pay.  Our collection includes the following:

Omilian & Kamp, Sex-Based Employment Discrimination

Susan Omilian & Jean Kamp, Sex-Based Employment Discrimination (updated through Sept 2016)This treatise is available electronically through Westlaw. It includes comprehensive treatment of claims brought under the Equal Pay Act, including making a prima facie case, defenses, enforcement, and remedies. Citations are kept current, with the most recent update in September 2016. The library also has the looseleaf version of the title in print, updated through June 2014.

Nyla Jo Hubbard, The rape of the American working woman: How the law and attitude violate your paycheck (2016).   Hubbard, a non-lawyer, combines anecdotes from her personal experience with analysis of how women are placed at a systematic disadvantage under our laws. She discusses a wide range of laws and policies, ranging from Social Security, to healthcare, to childcare subsidies, in order to explain the causes of pay inequality. This title is available as an e-book through ProQuest.  

Susan Bisom-Rapp & Malcolm Sargeant. Lifetime disadvantage, discrimination, and the gendered workforce (2016).  The authors, who are law professors in the U.S. and U.K. respectively, examine the disadvantages faced by women at work, including equal pay issues, in light of inadequacies in the law in both countries. They contend that the piecemeal, incremental approaches built into the legal systems of the U.S. and U.K. do not work and that a more holistic solution is required. This title is available as an e-book through ProQuest.

Christianne Corbett & Catherine Hill, Graduating to a pay gap: The earnings of women and men one year after college graduation (2012). The American Association of University Women (AAUW) has long been engaged in studying, analyzing, and providing policy direction on equal pay issues. In this publication, they explain how pay inequality among college graduates begins immediately after graduation. While discrimination is an important factor, the AAUW study recognizes that gender differences in willingness and ability to negotiate salary contribute to the pay gap, recommending that this issue also be addressed.

Chen, Compliance and Compromise

Cher Weixia Chen, Compliance and compromise: The jurisprudence of gender pay equity (2011).  In this book, Chen, a legally-trained professor of international studies, approaches the topic of pay equality from an international law perspective. She focuses in particular on International Labour Organization (ILO) Convention No. 100 on Equal Remuneration, and how ratifying states have complied or failed to comply with its mandate. This is an interesting read on pay equality laws in countries other than the U.S.: while 173 of the 187 ILO members have ratified ILO Convention No. 100 to date, the U.S. is not one of them.

Israeli Court Rules on Kafka Papers

In a major victory for libraries and public access to great literature, the Israeli Supreme Court this week issued a ruling concluding an eight-year legal battle about ownership of the literary works and letters of Franz Kafka. The series of court cases between Israel and the heirs of Max Brod, executor of the estate of Prague-born writer Franz Kafka began in 2009. Kafka’s last will and testament transferred all of his manuscripts to Brod after his death in 1924. A March 2015 article The Betrayed(?) Wills of Kafka and Brod by Nili Cohen, 27 (1) Law & Literature 1 (available to Brooklyn Law School Library users through a subscription to the Taylor & Francis Online Journal Library) relates that Kafka in separate letters entrusted his manuscripts and works to Brod instructing him to burn them after his passing. Brod did not honor Kafka’s request and took the papers with him when he fled Czechoslovakia in 1939 and emigrated to Palestine. After the 1968 death of Brod, his will bequeathed the papers to his secretary Esther Hoffe with instructions to give them to the “Hebrew University of Jerusalem, the municipal library in Tel Aviv or another organization in Israel or abroad”. Instead Hoffe kept the papers and shared them with her two daughters and even began to sell them.  In 1988, Hoffe sold an original copy of Kafka’s The Trial for $2 million. The 2007 death of Hoffe, more than 80 years after Kafka’s death, touched off a lengthy court fight between Israel and Hoffe’s daughters who claimed the papers were given to their mother by Brod so she could dispose of them as she wanted.

The WSJ Law Blog reports that Hoffe’s daughters refused the Israeli government’s demands to hand over the documents. The case turned on questions of inheritance law and whether Hoffe was entitled to give instructions about Brod’s literary legacy in her will. “Max Brod did not want his property to be sold at the best price, but for them to find an appropriate place in a literary and cultural institution” Israel’s high court stated in its opinion in which it directed that the papers should belong to the National Library of Israel in Jerusalem.

The TrialBoth Kafka and Brod studied law in Prague’s Karl University and Kafka devoted much of his literary work to the law. His letters to Brod to destroy his manuscripts was not a binding legal document as they included neither the title “Will” nor a date, suggesting that Kafka intended to ask his friend to honor a moral, not a legal, obligation. Kafka’s uncertain attitude towards law is expressed in his greatest novel, The Trial, which he wrote from 1914 to 1915. The novel was published in 1925 after Kafka’s death. Years later, Orson Welles wrote a screenplay based on the novel and directed the 1962 masterpiece The Trial (Call No. PT2621.A26 T75 1998) which the BLS Library has in its video collection. The story centers on the main character, Josef K, who wakes up one morning to find the police in his room. They tell him that he is on trial but no one tells him what the charges are. His efforts to learn the details of the charges and to protest his innocence remain fruitless. As he tries to look behind the facade of the judicial system, he finds he has no way to escape his nightmare.

International & Foreign Public Interest Law Research Session

international-flagsInterning at an organization that works internationally this summer?  Interested in international law or comparative law? Research skills are key in this area of practice.

 

Learn the basics of international/foreign law research with Associate Librarian for International Law Jean Davis!  This program will also feature a special guest from the International Legal Foundation.  The guest will describe selected projects assigned to interns.  Then Professor Davis will suggest tools to research one of the projects.  Professor Davis will also highlight sources to research international internships and fellowships.

Date:   Monday, February 29, 2016

Time:  12:45pm – 1:45pm

Location:  Library – Room C36 (Cellar Level)

Snacks will be provided.

Sponsored by the Library & the Public Service Office

Questions?   Email:  publicservice@brooklaw.edu