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Professor Samuel Bagenstos is exploring similar questions in his current work skin care routine for dry skin generic 20 gr benzac mastercard, and has defended a similar conception of equality acne vulgaris causes buy benzac 20 gr mastercard, but does not consider its application to acne light mask discount benzac 20 gr without a prescription the minimum wage skin care 4d motion cleanser buy benzac 20gr with amex. Zatz, the Minimum Wage as a Civil Rights Protection: An Alternative to Antipoverty Arguments? If intuitions that the minimum wage is a matter of justice are simply wrong or merely conventional, then advocates should take such critiques far more seriously. Moreover, even if minimum wage laws are here to stay, this underlying debate has implications for a host of subsidiary questions. Those include the level at which minimum wages should be set; whether particular workers deserve coverage under such laws; how much states should invest in enforcement; and which entities should be liable for violations. Lawmakers, executives, and judges often confront such questions, and the answers will differ depending on the underlying defensibility of the minimum wage itself. To focus its analysis, and to begin to move beyond existing debates, this Article accepts for the sake of argument that minimum wage laws tend to reduce demand for low-wage labor. To be clear, this assumption may be counterfactual: there is significant evidence that past minimum wage increases have not led to job losses. Clarifying the social goods advanced by minimum wage laws will help in assessing whether their costs are worth bearing. What is needed is a nonutilitarian defense of minimum wage laws, one that holds even if they reduce demand for low-wage labor. This ideal of "social equality" is most commonly associated with left communitarian and republican theories of justice, but it is also central to certain strands of egalitarian liberalism, with Rawls himself arguably a leading proponent. Such laws enable workers to call upon the state to protect them against certain employer demands and require employers themselves to bear duties toward workers rather than mediating all distribution through the state. These rights and duties are meaningful independent of their effects on distribution for reasons captured nicely by 19. First, as will be clear, this Article uses the term "justice" in the Rawlsian sense, even if its overall analysis is not necessarily Rawlsian. It understands justice as a characteristic of social institutions, not individual morality, and views the basic structure of society as the primary subject of justice. Finally, it is possible that a set of alternative labor-market regulations could render minimum wage laws superfluous. One can imagine, for example, a country that need not adopt a formal minimum wage because robust labor laws enabled all workers to bargain for relatively high wages and to prevent employers from exerting undue power over them. This Article assumes, then, a society in which other background legal institutions render minimum wage laws structurally necessary to achieve decent wages and formal legal entitlements for some class of unskilled workers. Assuming, as will generally be done for purposes of argument, that businesses follow the law. They deliver additional resources to low-wage workers as a group, and they force employers and consumers to internalize some of the social costs of low-wage work. This analysis thus turns one common line of critique on its head: rather than a tax on low-wage work, the minimum wage can be analogized to a tax on the class and status benefits of employing or consuming the products of low-wage labor. Existing Debate: Minimum Wage Laws and Distribution Legal academic debate on minimum wage laws is largely framed around a simple question: what policy or policies will best increase the resources available to the working poor? While the differences among these proposals are important, and will be noted in places, they will generally be treated together because all have a similar institutional form (tax-and-transfer rather than regulate), and because all have advantages over the minimum wage as means of redistributing resources. Subpart I(A) summarizes the utilitarian case against minimum wage laws and for direct transfers, as reflected in law and economics scholarship. Utilitarian Critiques the most important critiques of the minimum wage arise from neoclassical economics 31 and have been incorporated most prominently into legal academic debates around the minimum wage by Daniel Shaviro. While Shaviro does not specifically identify himself as a utilitarian, this is certainly the overall tenor of his argument, and others have specifically described his analysis as utilitarian. It applies to covered workers regardless of their background family wealth, their annual income (including whether their work is seasonal or year-round), the extent to which they work overtime, whether they have a second job, their family status and wealth, and myriad other factors. Second, economically speaking, the minimum wage is "equivalent to a wage subsidy to low-wage employees, financed by a tax on low-wage employers. Granted, the reduction in employment or work hours may be less than the increase in wages due to demand elasticity for low-wage labor, such that the minimum wage may enable low-wage workers to capture a greater proportion of surplus. By creating a cartel among low-wage employees, minimum wage laws-like all price controls-"impos[e] a deadweight loss on society. To maximize the resources available to the working poor, in this view, it is best to set private law and market rules so as to create the maximum wealth possible and then to redistribute as desired through taxation and transfers.
The great bulk of controversy and litigation springs out of transactions which present material features never before exhibited acne on chin discount benzac 20gr online, or new combinations and groupings of facts acne xo cheap benzac 20gr online. Several different rules-all just in their proper sphere-are competing with each other for supremacy acne juvenil buy benzac 20gr mastercard. In these situations acne vs rosacea discount 20 gr benzac otc, the law is not known until it "has been subjected to judicial decision. What any given case decides, must be deduced from a careful examination of the exact facts, and of the positive legislation, if any, applicable thereto. Almost every subject is overrun by a more than tropical redundancy of decisions, leaving the most patient investigator entangled in doubt. Yet their actual statements about law and judging are directly contrary to the standard image of the formalist age. To explain away the many realistic depictions of law and judging I quote in the book, Professor Brophy suggests that I merely uncovered more examples of early realism, which does not refute legal formalism because there are always exceptions to a dominant view. Professor Frederick Schauer objects, "[A]s with any distinction, even multiple counterexamples on one or the other side do not undercut the plausibility of a probabilistically accurate distinction. See Brophy, supra note 4, at 398-99 (claiming that behind my examples of realist sounding work were similar thinkers to Holmes, Pound, and Cardozo that provided the foundation for latter generations to build their ideas upon). But that begs the essential question: What would be enough to falsify the conventional view of the formalist age? If every showing-no matter how plentiful-is dismissed as a counterexample, the story is impervious to refutation; immune from the evidence. I quote dozens of jurists-including many judges-in leading law journals and speeches before the bar uttering remarkably realistic statements about law and judging. Columbia law professor Munroe Smith, in 1887, frankly described how judges alter law while claiming to adhere to stare decisis: [W]hen new law is needed, the courts are obliged to "find" it, and to find it in old cases. This can commonly be done by re-examination and re-interpretation, or, at the worst, by "distinction. When the old rule is sufficiently wormholed with "distinctions, " a very slight re examination will reduce it to dust, and a re-interpretation of the "distinguishing" cases will produce the rule that is desired. Let me now add a set of observations from 1906, not included in the book, by Chief Judge Walter Clark of the North Carolina Supreme Court, a progressive critic of conservative courts: But the passage of a judge from the bar to the bench does not necessarily destroy his prejudices or his predilections. Having attempted as lawyers to persuade courts to view debated questions from the standpoint of aggregated wealth, they often end by believing sincerely in the correctness of such views, and not unnaturally put them in force when in turn they themselves ascend the bench. As I showed, the very jurists that historians have identified as leading legal formalists, themselves, offered realistic accounts of law and judging-Hammond, Tiedeman, Carter, Cooley, and Dillon. They acknowledged gaps and inconsistencies in the law, that law could point to different outcomes, that judges make law, that law should serve social needs, that social views of justice and policy influence the development of law, and even (as Tiedeman stated) that the personal biases of judges have an impact on their decisions. What the evidence shows is a great deal of explicit realism about law and judging and a scarcity of statements embracing legal formalism. There are multiple references in this period to significant advances the legal system had recently made in overcoming its earlier formalism. Horwitz identified legal formalism with the second half of the twentieth century, describing "extremely deep and powerful currents which moved American law to formalism after 1850. There are general principles running through it, but these are often hard to follow, so numerous are the exceptions. These arguments are set forth in Beyond the Formalist-Realist Divide in Chapters Two, Three, and Four. Pound asserted that this metaphysical historical jurisprudence had a substantial influence on judges in the final quarter of the nineteenth century. While jurisprudence scholars might have been enamored with this idea, practitioners demurred. The editors of the Albany Law Journal noted the contrast in 1874: "This view[-law is a science-]is now taken by all theoretical legists; but it has not come down to the professional level, and for the most part, the jurist and the practitioner do not stop to inquire whether their system is a science. The assertion that it is, by jurists having high ideals, has provoked no little repugnance among practical lawyers.
Extant Defenses of the Minimum Wage Labor and employment law scholars have rarely defended the minimum wage with the sort of intellectual firepower deployed to acne soap discount benzac 20 gr critique it acne kits buy benzac 20gr on line. As one scholar observed recently skin care tips for men discount benzac 20gr with visa, theorizing about the minimum wage is "tragically moribund acne 6 months after giving birth discount 20 gr benzac visa, " with arguments. See Shaviro, supra note 5, at 458 (stating that "[o]ne need not be a Rawlsian to be uncomfortable with the tradeoff of helping the relatively poorly-off in exchange for hurting the worst-off, " i. This subpart analyzes existing defenses of the minimum wage and then lays the groundwork for a new defense. First, some minimum wage defenders dispute the empirics of utilitarian (and liberal) critiques, drawing on evidence that minimum wage laws do not noticeably increase unemployment. Second, much scholarship simply assumes the normative validity of the minimum wage and focuses on how best to enforce the law. Accountability for Wage and Hour Violations in an Age of Enterprise 2014] Justice at Work 1561 complexities of legal institutional design but they beg the question why minimum wage laws in particular cry out for enforcement. A third approach does draw on concerns of justice, in particular the widespreadintuition that good wages are a matter of basic fairness. But that goal alone does not explain why employers rather than society as a whole After all, individual should bear the associated economic burdens. Such employers do not "victimize" or "exploit" or "coerce" workers in a moral sense, 96 nor do they "steal" from such workers. Rather, the wage bargain takes place at the end of a long and complex causal chain. Low wage workers have few marketable skills and must compete with many other workers; employers face imperatives to keep wages low due to capital and product market conditions. Moreover, underenforcement of such laws may also lead to pervasive noncompliance within an industry, creating incentives for individual employers not to comply. It is therefore normal for workers to have no choice but to accept immiserating employment without any individual employer acting coercively, as noted by diverse scholars including libertarians, legal realists, and Analytical Marxists. The seed lies in another classic defense of the minimum wage: that it corrects for unequal bargaining power between employers and employees. That power asymmetry is important due to its systemic effects: innumerable transactions shaped by that unequal power can lead to both individual and social harms without any particular employer acting immorally. Social Equality Defined and Defended Minimum wage laws help ensure that low-wage workers stand in relations of equality to others. This Article will call this ideal "social equality, " and will call those who emphasize it "social egalitarians. See generally Bagenstos, supra note 14 (discussing the relationship between social equality and employment-at-will, employee privacy, and employee political speech). Other terms for the same or very similar ideals include "social citizenship, " William E. Its most prominent proponent is likely the left communitarian Michael Walzer, who describes democratic citizenship as "a status radically disconnected from every kind of hierarchy" and argues that equal relations among citizens define a just society. That principle is not a mechanical test for the validity of any particular distributive outcome, nor does it require charity. Such movements seek not just wealth redistribution but also changes in workplace relations, norms regarding sexual behavior, and the construction of public spaces to better enable members to participate as equals in social, economic, and political life. This is true even within the labor movement, the social movement most clearly associated with pecuniary gains. Some feminists have thus argued for more extensive changes to background rules, such as significantly greater public support for caregiving, as well as employment regulations to better enable both men and women to engage in caregiving. Since individuals with disabilities may require extremely high subsidies to enjoy an average quality of life, they pose a problem for liberal efforts to eliminate contingencies of birth. Individuals with mobility restrictions, for example, confront a physical world that is not natural but rather designed around the needs and abilities of some normative group of nonelderly, "able-bodied" persons. It may be deployed for pay, as in wage work; it may be utilized to ensure the reproduction of human society, as in (generally unpaid) care work; or it may be deployed to build human institutions outside of the paid labor market, as in volunteer work for charities. For example, since employers must ensure that workers actually deliver a serious effort rather than shirking, "social relations in the workplace. But they made sense, Ehrenreich postulates, as a means of imposing social distance: "If you are constantly reminded of your lowly position in the social hierarchy, " she writes, "whether by individual managers or by a plethora of impersonal rules, you begin to accept that unfortunate status. Nevertheless, ensuring decent relations among individuals-and therefore decent work-has traditionally been less of a priority for post-Rawlsian liberals.
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Expand and maintain partnerships that increase employment opportunities available to skin care 77054 buy benzac 20gr fast delivery individuals with disabilities acne queloide discount benzac 20 gr without prescription. Projects for implementation Working with partners locally acne wont go away best benzac 20 gr, regionally and nationally to acne zap discount 20gr benzac with amex interpret and implement new federal regulations contained in the June 2014 Workforce Improvement and Opportunity Act. Identifying benefits and costs for participation of all applicants and assess impacts of services on employment probability and earnings of program participants. Improving services provided throughout the Oklahoma Workforce System with the Access for All initiative. The program is intended to change the way staff, partners and employers think about accessibility for consumers who have disabilities. Page 459 the Supreme Court of Oklahoma Page 460 Agency information Supreme Court Mission the mission of the Supreme Court of Oklahoma is to provide fair and impartial justice for all. Governance and administration the Oklahoma Court System is made up of the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals and 77 district courts. The Oklahoma Supreme Court is a constitutional tribunal consisting of nine justices. Each justice is selected from one of nine judicial districts and sits for a six-year term. Each justice must be at least 30 years old, shall have been a qualified elector in the appropriate district for at least one year Page 461 immediately prior to the appointment, and have been a licensed practicing attorney or judge of a court of record for five years preceding appointment. The justices must maintain their status as licensed attorneys while holding office and pay annual dues to the Oklahoma Bar Association. The Supreme Court selects from its members a chief justice and a vice chief justice. The chief justice, who is the first among equals, presides at all court sessions, and chairs the state judicial conference. The Oklahoma Constitution vests general administrative authority over all courts in the state in the Supreme Court. The chief justice administers the judicial branch of state government in accordance with the rules of the Supreme Court and represents the court and judicial system in public appearances. Positions for justices, judges of the Court of Civil Appeals and appointees to district court judgeships that become vacant during a term of office are appointed by the governor from the list of candidates presented by the Judicial Nominating Commission, as mandated by Article 7-B of the Oklahoma Constitution. Applicants for appointment to the Supreme Court are subjected to extensive investigation by the Oklahoma State Bureau of Investigation and to intensive interviews by the Judicial Nominating Commission. The retention ballot appears on general election ballots and is a nonpartisan, noncompetitive election process. If a justice resigns or dies during a term, vacancies are filled by gubernatorial appointment from the appropriate Supreme Court judicial district. Newly appointed justices who serve more than one year must stand for retention at the next regular election. Administrative services for the court system are provided by the Administrative Office of the Courts whose director is appointed by the Supreme Court. Combs* Richard Darby *Chief justice **Vice chief justice Judicial District 1 2 3 4 5 6 7 8 9 Appointed by Governor Brad Henry Governor Mary Fallin Governor Brad Henry Governor George Nigh Governor Frank Keating Governor Brad Henry Governor Brad Henry Governor Brad Henry Governor Mary Fallin Appointed Date 2007 2017 2011 1984 2000 2004 2003 2010 2018 Page 462 Programs Administrative Office of the Courts the Supreme Court appoints an administrative director and staff who serve at its pleasure to assist the chief justice in administrative duties and to assist the Judiciary. The Administrative Director of the Courts and staff, under supervision of the chief justice and the court, coordinate judicial operations and personnel throughout the state handling payroll, training, data systems, research and other responsibilities. The clerk attends all sessions of the court held in the courtroom, calls the court into session, maintains official hearing records, operates recording and timing equipment, and ensures that proper courtroom procedures are observed. The clerk maintains operational contact with the parties and attorneys for all cases. The clerk also serves as the clerk of the Court of Criminal Appeals, the Court of Civil Appeals, the Court of the Judiciary, and the Court of Tax Review. Court of Civil Appeals the Court of Civil Appeals is responsible for the majority of appellate decisions. These opinions may be released for publication either by the Court of Civil Appeals or by the Supreme Court.