This is the first systematic study of French policy regarding equal employment for women. Mazur asks why policy makers choose to make symbolic reforms. Is there a certain set of conditions particularly conducive to the formation of symbolic reform? If symbolic reforms are meant to do nothing, why do governments allocate limited resources to them?
Mazur examines five legislative proposals, dating from 1967 to 1982, three of which resulted in legislation: the 1972 Equal Pay Law. the 1975 Equal Treatment Law, and the 1983 Egalité Professionelle Law. These five case studies reveal the continuity over three decades of “symbolic” reform, reform that does not solve the problem it was designed to address.
Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality.
Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.
Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce.
Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history.
Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
Combining rich empirical analysis with theoretical synthesis, these studies examine how homophobia travels across complex and ambiguous transnational networks, how it achieves and exerts decisive power, and how it shapes the collective identities and strategies of those groups it targets. The first comparative volume to focus specifically on the global diffusion of homophobia and its implications for an emerging worldwide LGBT movement, Global Homophobia opens new avenues of debate and dialogue for scholars, students, and activists.
Contributors are Mark Blasius, Michael J. Bosia, David K. Johnson, Kapya J. Kaoma, Christine (Cricket) Keating, Katarzyna Korycki, Amy Lind, Abouzar Nasirzadeh, Conor O'Dwyer, Meredith L. Weiss, and Sami Zeidan.
The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement.
Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.
During the past thirty years, the American workplace has undergone fundamental changes in the composition of its workforce, its technology, its financial structure, and its competitive position. These social and economic transformations have been paralleled by equally profound changes in the legal framework of the employment relationship. The National Labor Relations Act has proved incapable of protecting the long-established right of employees to union representation against growing resistance by employers. And to fill the gap created by the decline of unions, the legislatures and courts have been busy creating and enforcing many new individual employee rights.
Governing the Workplace addresses this new world of work. Its main concern is with the question of who will represent the interests of workers in major decisions about their lives: how and when they will be hired, fired, and retired, and how they will be treated when they are on the job. The book examines in vivid detail many real-life problems, ranging from wrongful dismissal and mandatory drug testing to pay equity and occupational safety, to employee involvement on the shop floor and in the corporate boardroom. Should workers be represented by a lawyer in the courtroom, by a government official in charge of an administrative program, by the employer’s personnel manager, by the union leader engaged in collective bargaining with the employer, or by the employees themselves participating in a committee that exercises real influence inside the firm? After undertaking a systematic appraisal of each of these options, leading labor lawyer Paul Weiler develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.
Western Political Science Association's Clay Morgan Award for Best Book in Environmental Political Theory
Canadian Studies Network Prize for the Best Book in Canadian Studies
Nominated for Best First Book Award at NAISA
Honorable Mention: Association for Political and Legal Anthropology Book Prize
Since Justin Trudeau’s election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era—including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy.
Grounded Authority chronicles the band’s ongoing attempts to restore full governance over its lands and natural resources through an agreement signed by settler governments almost three decades ago—an agreement the state refuses to fully implement. Pasternak argues that the state’s aversion to recognizing Algonquin jurisdiction stems from its goal of perfecting its sovereignty by replacing the inherent jurisdiction of Indigenous peoples with its own, delegated authority. From police brutality and fabricated sexual abuse cases to an intervention into and overthrow of a customary government, Pasternak provides a compelling, richly detailed account of rarely documented coercive mechanisms employed to force Indigenous communities into compliance with federal policy.
A rigorous account of the incredible struggle fought by the Algonquins to maintain responsibility over their territory, Grounded Authority provides a powerful alternative model to one nation’s land claims policy and a vital contribution to current debates in the study of colonialism and Indigenous peoples in North America and globally.
Few places in the world can claim such a diversity of species as the Gulf of California (Sea of Cortez), with its 6,000 recorded animal species estimated to be half the number actually living in its waters. So rich are the Gulf's water that over a half-million tons of seafood are taken from them annually—and this figure does not count the wasted by-catch, which would triple or quadruple that tonnage. This timely book provides a benchmark for understanding the Gulf's extraordinary diversity, how it is threatened, and in what ways it is—or should be—protected.
In spite of its dazzling richness, most of the Gulf's coastline now harbors but a pale shadow of the diversity that existed just a half-century ago. Recommendations based on sound, careful science must guide Mexico in moving forward to protect the Gulf of California.
This edited volume contains contributions by twenty-four Gulf of California experts, from both sides of the U.S.-Mexico border. From the origins of the Gulf to its physical and chemical characteristics, from urgently needed conservation alternatives for fisheries and the entire Gulf ecosystem to information about its invertebrates, fishes, cetaceans, and sea turtles, this thought-provoking book provides new insights and clear paths to achieve sustainable use solidly based on robust science. The interdisciplinary, international cooperation involved in creating this much-needed collection provides a model for achieving success in answering critically important questions about a precious but rapidly disappearing ecological treasure.
The NRA steadfastly maintains that the 30,000 gun-related deaths and 300,000 assaults with firearms in the United States every year are a small price to pay to guarantee freedom. As former NRA President Charlton Heston put it, "freedom isn't free."
And when gun enthusiasts talk about Constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government.
In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme "militia" groups to influence state and national policy.
In Guns, Democracy, and the Insurrectionist Idea, Josh Horwitz and Casey Anderson reveal that the proponents of this view base their argument on a deliberate misreading of history. The Insurrectionist myth has been forged by twisting the facts of the American Revolution and the founding of the United States, the denial of civil rights to African-Americans after the Civil War, and the rise of the Third Reich under Adolf Hitler. Here, Horwitz and Anderson set the record straight. Then, challenging the proposition that more guns equal more freedom, they expose Insurrectionism---not government oppression---as the true threat to freedom in the U.S. today.
Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. He is Executive Director of the Coalition to Stop Gun Violence and the Educational Fund to Stop Gun Violence. He has spent nearly two decades working on gun violence prevention issues. He lives in Arlington, Virginia.
Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C. He has served in senior staff positions with the U.S. Congress, the Coalition to Stop Gun Violence, and Americans for Gun Safety. He lives in Arlington, Virginia.
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