Download or read book American Law in the Age of Hypercapitalism written by Ruth Colker and published by NYU Press. This book was released on 1998-03-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book American Law in the Age of Hypercapitalism written by Ruth Colker and published by NYU Press. This book was released on 1998-03-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Hypercapitalism written by Phil Graham and published by Peter Lang. This book was released on 2006 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Americans with Disabilities written by Leslie Francis and published by Routledge. This book was released on 2015-12-22 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Disability Pendulum written by Ruth Colker and published by NYU Press. This book was released on 2005-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Disability Pendulum chronicles societal views and court reactions to the evolving ADA.
Download or read book Why Lawsuits Are Good for America written by Carl T. Bogus and published by NYU Press. This book was released on 2003-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that lawsuits work far better than commonly understood 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.
Download or read book Family Leave Policy The Political Economy of Work and Family in America written by Steven K. Wisensale and published by Routledge. This book was released on 2015-05-15 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Discrimination at Work written by Marie Mercat-Bruns and published by Univ of California Press. This book was released on 2016-02-22 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Passions of Law written by Susan Bandes and published by NYU Press. This book was released on 2001-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. The work consists largely of original essays, by scholars of law, theology, political science and philosophy.
Download or read book Disoriented written by Robert Chang and published by NYU Press. This book was released on 2000-10-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American? In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies. Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America. "Has profound political implications for race relations in the new century" —Michigan Law Review, May 2001
Download or read book Interracial Justice written by Eric K. Yamamoto and published by NYU Press. This book was released on 2000-12 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change in the ways we as a nation think about race relations, identity, and racial justice. Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for acknowledgment of ways communities of color sometimes clash, and their struggles to heal the resulting wounds and forge strong alliances. Melding race history, legal theory, theology, social psychology, and anecdotes, Eric K. Yamamoto offers a fresh look at race and responsibility. He tells tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. He also paints a fascinating picture of South Africa's controversial Truth and Reconciliation Commission as well as a pathbreaking Asian American apology to Native Hawaiians for complicity in their oppression. An incisive and original work by a highly respected scholar, Interracial Justice greatly advances our understanding of conflict and healing through justice in multiracial America.
Download or read book Heretics in the Temple written by David Ray Papke and published by NYU Press. This book was released on 1998-07 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Security Disarmed written by Sandra Morgen and published by Rutgers University Press. This book was released on 2008-08-13 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Buddha Is Hiding written by Aihwa Ong and published by Univ of California Press. This book was released on 2003-09-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book People Out of Place written by Alison Brysk and published by Routledge. This book was released on 2004-07-31 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Empire Strikes Back written by Arthur D. Austin and published by NYU Press. This book was released on 1998-09-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Union Women written by Mary Margaret Fonow and published by U of Minnesota Press. This book was released on 2003 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
