Thoughts About Violence Against Trafficked Women on International Day for the Elimination of Violence Against Women

November 25th is designated by the United Nations as “International Day for the Elimination of Violence Against Women.”  The date was selected to “commemorate the lives of the Mirabal sisters,” who were assassinated on November 25, 1960 during the Trujillo dictatorship, as explained in the General Assembly resolution designating the day:

Previously, 25 November was observed in Latin America and a growing number of other countries around the world as “International Day Against Violence Against Women”. With no standard title, it was also referred to as “No Violence Against Women Day” and the “Day to End Violence Against Women”. It was first declared by the first Feminist Encuentro for Latin America and the Caribbean held in Bogota, Colombia (18 to 21 July 1981). At that Encuentro women systematically denounced gender violence from domestic battery, to rape and sexual harassment, to state violence including torture and abuses of women political prisoners. The date was chosen to commemorate the lives of the Mirabal sisters. It originally marked the day that the three Mirabal sisters from the Dominican Republic were violently assassinated in 1960 during the Trujillo dictatorship (Rafael Trujillo 1930-1961). The day was used to pay tribute to the Mirabal sisters, as well as global recognition of gender violence.

The resolution “[i]nvites, as appropriate, Governments, the relevant agencies, bodies, funds and programmes of the United Nations system, and other international organizations and non-governmental organizations, to organize on that day activities designed to raise public awareness of the problem of violence against women.”  

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Laboratories of Democracy at the Local Level

Matt Parlow has a thought-provoking new article in print: Progressive Policy-Making on the Local Level: Rethinking Traditional Notions of Federalism, 17 Temp. Pol. & Civ. Rts. L. Rev. 371 (2008).  (A draft can be downloaded here.)  Matt contends that the oft-quoted argument of Justice Brandeis (pictured to the left) that states may appropriately serve as laboraties for “novel social and economic experiments” applies equally well — indeed, perhaps even better — to cities and other local units of government.  Citing recent immigration initiatives and living wage ordinances (including one in Madison, Wisconsin), Matt notes a long history of local-level policy innovation in this country.  He argues,

Because they are smaller in size, local governments are more capable of being responsive to the needs of their respective communities because they are more in touch with their constituents.  This leads, in theory, to more responsive and representative policy-making as local government officials make decisions informed by the community’s wants and needs.

In light of these considerations, Matt argues against the tendency of some courts to squelch local initiatives through narrow constructions of home rule powers and liberal invocations of the implied preemption doctrine.

All of this connects nicely to the recent, lively discussion on this Blog of Milwaukee’s ballot initiative mandating paid sick leave for employees.  I take it that Matt would be skeptical of arguments that the Milwaukee law is preempted by state and federal law — at the least, his analysis would suggest some good reasons why a court ought to be slow to find preemption. 

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Wisconsin University Students Fighting for the Rights of Workers

This student activism makes me smile. The Milwaukee Journal Sentinel has an article which illustrates that college students in Wisconsin are still concerned about the plight of low-income workers. Erica Perez writes today:

Two student groups at University of Wisconsin-Milwaukee plan to demonstrate tomorrow morning in the Student Union to push the school to endorse a program designed to protect the rights of the workers who sew university logo apparel. The Milwaukee Students for a Democratic Society and the Milwaukee Graduate Assistant Association plan to protest at 10 a.m. Wednesday in the student union, according to a statement issued today.

The Designated Suppliers Program requires university licensees to verify they source their apparel from factories that pay a living wage and allow workers to unionize, among other requirements. Some 44 colleges and universities across the country have penned policy statements in support of the program, including UW-Madison and Marquette University. UWM released a statement Aug. 25 saying it supports the principles of the Designated Supplier Program but “feels the program may pose legal, logistical, and economic issues as it is currently structured, concerns shared by other institutions and organizations.” The statement stops short of endorsing the program.

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