American Law In The Age Of Hypercapitalism

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American Law in the Age of Hypercapitalism

Author : Ruth Colker
Publisher : NYU Press
Page : 249 pages
File Size : 50,8 Mb
Release : 1998-03-01
Category : Law
ISBN : 9780814790175

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American Law in the Age of Hypercapitalism by Ruth Colker Pdf

Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith. Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners. In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.

Hypercapitalism

Author : Phil Graham
Publisher : Peter Lang
Page : 228 pages
File Size : 45,6 Mb
Release : 2006
Category : Business & Economics
ISBN : 0820462179

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Hypercapitalism by Phil Graham Pdf

Every day trillions of dollars circulate the globe in a digital data space and new forms of property and ownership emerge. Massive corporate entities with a global reach are formed and disappear with breathtaking speed, making and breaking personal fortunes the size of which defy imagination. Fictitious commodities abound. The genomes of entire nations have become corporately owned. Relationships have become the overt basis of economic wealth and political power. Hypercapitalism explores the problems of understanding this emergent form of global political economic organization by focusing on the internal relations between language, new media networks, and social perceptions of value. Taking an historical approach informed by Marx, Phil Graham draws upon writings in political economy, media studies, sociolinguistics, anthropology, and critical social science to understand the development, roots, and trajectory of the global system in which every possible aspect of human existence, including imagined futures, has become a commodity form.

Americans with Disabilities

Author : Leslie Francis,Anita Silvers
Publisher : Routledge
Page : 432 pages
File Size : 47,5 Mb
Release : 2015-12-22
Category : Medical
ISBN : 9781317958598

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Americans with Disabilities by Leslie Francis,Anita Silvers Pdf

In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.

Family Leave Policy: The Political Economy of Work and Family in America

Author : Steven K. Wisensale
Publisher : Routledge
Page : 297 pages
File Size : 50,8 Mb
Release : 2015-05-15
Category : Business & Economics
ISBN : 9781317470694

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Family Leave Policy: The Political Economy of Work and Family in America by Steven K. Wisensale Pdf

Written in an accessible, case study format, this groundbreaking work explores the formulation, implementation, and evaluation of family leave policy in the United States, from its beginnings at the state level in the early 1980s, through the adoption of the federal Family and Medical Leave Act of 1993, and beyond to the present day. With a political economy perspective, the book identifies the major economic and social forces affecting both the family and the workplace. And drawing on original primary research, it examines how the political system has responded to this evolving issue with various policy initiatives.

Discrimination at Work

Author : Marie Mercat-Bruns
Publisher : Univ of California Press
Page : 388 pages
File Size : 42,7 Mb
Release : 2016-02-22
Category : Social Science
ISBN : 9780520959583

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Discrimination at Work by Marie Mercat-Bruns Pdf

A free ebook version of this title is available through Luminos, University of California Press’s new open access publishing program for monographs. Visit www.luminosoa.org to learn more. Do the United States and France, both post-industrial democracies, differ in their views and laws concerning discrimination? Marie Mercat-Bruns, a Franco-American scholar, examines the differences in how the two countries approach discrimination. Bringing together prominent legal scholars—including Robert Post, Linda Krieger, Martha Minow, Reva Siegel, Susan Sturm, Richard Ford, and others—Mercat-Bruns demonstrates how the two nations have adopted divergent strategies. The United States continues, with mixed success at “colorblind” policies, to deal with issues of diversity in university enrollment, class action sex-discrimination lawsuits, and rampant police violence against African American men and women. In France, the country has banned the full-face veil while making efforts to present itself as a secular republic. Young men and women whose parents and grandparents came from sub-Sahara and North Africa are stuck coping with a society that fails to take into account the barriers to employment and education they face. Discrimination at Work provides an incisive comparative analysis of how the nature of discrimination in both countries has changed, now often hidden, or steeped in deep unconscious bias. While it is rare for employers in both countries to openly discriminate, deep systemic discrimination exists, rooted in structural and environmental causes and the ways each state has dealt with difference in general. Invigorating and incisive, the book examines hot-button issues such as sexual harassment; race, religious and gender discrimination; and equality for LGBT individuals, thereby delivering comparisons meant to further social equality and fundamental human rights across borders.

Heretics in the Temple

Author : David Ray Papke
Publisher : NYU Press
Page : 219 pages
File Size : 40,7 Mb
Release : 1998-07
Category : Law
ISBN : 9780814766323

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Heretics in the Temple by David Ray Papke Pdf

Papke (law and liberal arts, Indiana U.) traces the lineage of legal heretics from 19th-century activists up to more recent radicals and to the contemporary rejection of legal authority by various militia and anti-abortion movements. He illuminates a tradition of American legal heresy, linked by a body of shared references, idols, and commitments, that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Annotation copyrighted by Book News, Inc., Portland, OR

Security Disarmed

Author : Sandra Morgen,Barbara Sutton,Julie Novkov
Publisher : Rutgers University Press
Page : 315 pages
File Size : 53,5 Mb
Release : 2008-08-13
Category : Social Science
ISBN : 9780813545554

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Security Disarmed by Sandra Morgen,Barbara Sutton,Julie Novkov Pdf

From the history of state terrorism in Latin America, to state- and group-perpetrated plunder and genocide in Africa, to war and armed conflicts in the Middle East, militarization--the heightened role of organized aggression in society--continues to painfully shape the lives of millions of people around the world. In Security Disarmed, scholars, policy planners, and activists come together to think critically about the human cost of violence and viable alternatives to armed conflict. Arranged in four parts--alternative paradigms of security, cross-national militarization, militarism in the United States, and pedagogical and cultural concerns--the book critically challenges militarization and voices an alternative encompassing vision of human security by analyzing the relationships among gender, race, and militarization. This collection of essays evaluates and resists the worldwide crisis of militarizationùincluding but going beyond American military engagements in the twenty-first century.

Buddha Is Hiding

Author : Aihwa Ong
Publisher : Univ of California Press
Page : 358 pages
File Size : 51,7 Mb
Release : 2003-09-04
Category : Political Science
ISBN : 0520238249

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Buddha Is Hiding by Aihwa Ong Pdf

This work tells the story of Cambodians whose route takes them from refugee camps to California's inner-city and high-tech enclaves. We see these refugees becoming new citizen-subjects through a dual process of being made and self-making, balancing religious salvation and entrepreneurial values.

People Out of Place

Author : Alison Brysk,Gershon Shafir
Publisher : Routledge
Page : 260 pages
File Size : 40,5 Mb
Release : 2004-07-31
Category : Political Science
ISBN : 9781135950682

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People Out of Place by Alison Brysk,Gershon Shafir Pdf

Globalization pushes people "out of place"--across borders, out of traditions, into markets, and away from the rights of national citizenship. But globalization also contributes to the spread of international human rights ideas and institutions. This book analyzes the impact of these contradictory trends, with a focus on vulnerable groups such as migrants, laborers, women, and children. Theoretical essays by Richard Falk, Ronnie Lipschutz, Aihwa Ong, and Saskia Sassen rethink the shifting nature of citizenship. This collection advances the debate on globalization, human rights, and the meaning of citizenship.

The Empire Strikes Back

Author : Arthur D. Austin
Publisher : NYU Press
Page : 236 pages
File Size : 48,9 Mb
Release : 1998-09-01
Category : Law
ISBN : 9780814705377

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The Empire Strikes Back by Arthur D. Austin Pdf

Once dismissed as plodding and superfluous, legal scholarship is increasingly challenging the liberal white male establishment that currently dominates legal education and practice. The most significant development since the emergence of the casebook, at the turn of the century, this trend has unleashed a fierce political struggle. At stake is nothing less than the entire enterprise of law and education, and thus a powerful platform from which to shape society. The result, here vividly recounted by Arthur Austin, has been an uncompromising, take-no-prisoners fight for dominance. The challenge comes from Outsiders, a collection of feminists, critical race theorists, and critical legal studies scholars who rely on unconventional methods such as storytelling to give voice to the underrepresented. In the other, demographically larger camp resides the monolithic Empire, consisting of traditionalists who, having developed an effective form of scholarship, now circle the wagons against the outsider heathens. Neither partisan nor objective, Austin is both respectful and critical of each faction. The Empire, he believes, is imperious, closed-minded, and self-perpetuating; the Outsiders are too often paranoid, anti-pragmatic, and overly tolerant of fringe work. Is the new scholarship a vacuous, overpoliticized, soon-to-be-vanquished trend or the harbinger of an important new paradigm? Is reconciliation possible? Anyone with a vested interest in the answer to these questions, and in the future of law, cannot afford to miss Arthur Austin's invaluable volume. Arthur Austin is the Edgar A. Hahn Professor of Jurisprudence at Case Western Reserve University.

Union Women

Author : Mary Margaret Fonow
Publisher : U of Minnesota Press
Page : 268 pages
File Size : 55,9 Mb
Release : 2003
Category : Political Science
ISBN : 0816638829

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Union Women by Mary Margaret Fonow Pdf

For more than a quarter century, steel mills in the United States and Canada have produced more than metal: they have produced a new kind of worker and union activist -- "Women of Steel." In an era labeled postfeminist and postindustrial, women have created spaces in this quintessentially male-dominated workforce from which to mobilize for their rights as women and workers. In Union Women, Mary Margaret Fonow captures the stories of the women of the United Steelworkers. She focuses on a tenacious group who used their developing power in the union to challenge sex discrimination and to advocate for women's rights, and applied their transnational resources to construct a feminist response to globalization and economic restructuring. In the process, they have transformed the organizations, resources, and networks of both the labor and women's movements, and have in turn transformed themselves into feminists. In Union Women Fonow uses statistical, archival, and ethnographic research methods to provide a broad historical account of women in the steel industry. Fonow's sweeping approach allows her to examine several key issues in social movement, feminist, and political theory, and to show that insights from these fields shape each other. She explores how social movements are gendered, how working-class women develop a feminist consciousness, and how this process is informed by intersecting demands of race, class, and gender. As a comparative, cross-national study, Union Women also demonstrates how different political and social cultures affect women's organizing and strategic decisions. Finally, Fonow emphasizes that economic restructuring and globalization pose immediate challenges forwomen as laborers and activists, and that, in order to survive, all unions must develop organizing and mobilization strategies informed by feminism and other social movements.

Backlash Against the ADA

Author : Linda Hamilton Krieger
Publisher : University of Michigan Press
Page : 376 pages
File Size : 48,6 Mb
Release : 2010-02-22
Category : Social Science
ISBN : 9780472025497

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Backlash Against the ADA by Linda Hamilton Krieger Pdf

For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA. What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists. Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history. Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.

When Sorry Isn't Enough

Author : Roy L. Brooks
Publisher : NYU Press
Page : 557 pages
File Size : 46,9 Mb
Release : 1999-06
Category : History
ISBN : 9780814713327

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When Sorry Isn't Enough by Roy L. Brooks Pdf

PART 7 Jim Crow

Why Lawsuits are Good for America

Author : Carl T. Bogus
Publisher : NYU Press
Page : 265 pages
File Size : 44,5 Mb
Release : 2003-07-01
Category : Law
ISBN : 9780814737941

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Why Lawsuits are Good for America by Carl T. Bogus Pdf

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

The Rehnquist Legacy

Author : Craig Bradley
Publisher : Cambridge University Press
Page : 424 pages
File Size : 47,6 Mb
Release : 2006
Category : Biography & Autobiography
ISBN : 0521859190

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The Rehnquist Legacy by Craig Bradley Pdf

This book is a legal biography of William Rehnquist of the U. S. Supreme Court.