"The Technology Dog Ate my Job": The Dog-Eat-Dog World of Offshore Labor Outsourcing

This Article specifically examines the legal implications of outsourcing, particularly in the high-technology sector. This Article will discuss the public debate on outsourcing and the relevant policy considerations in order to lay the groundwork for analysis of the legal aspects of this issue. The inquiry at hand shall be as follows: first, recent legislation relevant to outsourcing at both the state and federal levels will be examined. Next, there will be a discussion on how far state legislators are permitted to regulate outsourcing without violating the Constitution, and the issue of implied and express preemption will also be analyzed.

Next, an evaluation of extraterritoriality as a factor in corporate liability in the context of business and human rights. Finally, there will be a discussion of the international regulation of corporations. These topics will be used to evaluate what normative impact certain legal factors may impose on corporations’ decisions on whether or not to outsource.