front cover of Alternative Dispute Resolution in the Regulatory Process
Alternative Dispute Resolution in the Regulatory Process
Deirdre McCarthy Gallagher
Michigan State University Press, 2020
An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.
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Beyond Winning
Negotiating to Create Value in Deals and Disputes
Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello
Harvard University Press, 2004

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.

In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

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Casing a Promised Land, Expanded Edition
The Autobiography of an Organizational Detective as Cultural Ethnographer
H.L. Goodall, Jr.
Southern Illinois University Press, 1994

H. L. Goodall’s ground-breaking study of what people do with symbols and what symbols do to people explores the lives led by people in organizations. His narratives take on the form of six detective mysteries in which the narrator figures into the plot of the intrigue and then works out its essential patterns.

In the first mystery, "Notes on a Cultural Evolution: The Remaking of a Software Company," Goodall looks at the transition of a Huntsville regional office of a Boston-based computer software company where the lives and social dramas of the participants reflect the current state of high technology. The second essay and perhaps the most insightful, "The Way the World Ends: Inside Star Wars," penetrates the various defenses of the Star Wars command office in Huntsville to discover its secrets and surprises. Goodall shows how media, technology, fear of relationships, and symbolic images of the future unite into the day-to-day operations of people who believe they are responsible for the outer limits of our nation’s defense.

"Lost in Space: The Layers of Illusion Called Adult Space Camp" illustrates how a supposedly innocent theme park invites participation in rituals and ceremonies designed to influence a future generation of taxpayers. In "Articles of Faith," Goodall enters a super mall in Huntsville, noting how shopping centers provide consumers with far more than places to purchase goods and services. "How I Spent My Summer Vacation" finds Goodall back in an academic environment, at a conference of communication scholars, where he demonstrates the difficult task of translating cultural understandings from one context to another. "The Consultant as Organizational Detective" offers the sobering message that real-life mysteries may surprise even the most accomplished sleuth. A concluding chapter, "Notes on Method," and a new autobiographical afterword round out Goodall’s penetrating look at our symbol-making culture.

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Conflict Resolution Training for the Classroom
What Every ESL Teacher Needs to Know
Barrie J. Roberts
University of Michigan Press, 2020
ESL instructors without a background in conflict resolution (CR) who teach intermediate to advanced courses at colleges, universities, or in Intensive English Programs, may want to provide students with valuable negotiation and mediation skills. Author Barrie J. Roberts is an experienced ESL teacher, lawyer, mediator, and Alternative Dispute Resolution (ADR) Administrator for southern California Superior Courts. In this book, she draws upon her experience using these activities in a variety of ESL settings and courses with students from all over the world to inspire other ESL teachers to add CR approaches to their activities, lessons, and courses. Following an introduction to conflict resolution, Conflict Resolution Training for the Classroom shows how much of the teaching of CR is similar to teaching ESL. It outlines ways to apply negotiation and mediation to ESL activities, how to prevent and resolve conflicts, how to use specific types of role-plays to address conflicts, and how to design successful activities. The book also includes a list of resources and sample syllabi.
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Deals
The Economic Structure of Business Transactions
Michael Klausner and Guhan Subramanian
Harvard University Press, 2024

Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.

Business transactions take widely varying forms—from multibillion-dollar corporate mergers to patent licenses to the signing of an all-star quarterback. Yet every deal shares the same goal, or at least should: to maximize the joint value created and to distribute that value among the parties. Building on decades of experience teaching and advising on business deals, Michael Klausner and Guhan Subramanian show how to accomplish this goal through rigorous attention to designing incentives, conveying information, and specifying parties’ rights and obligations.

Deals captures the range of real-life transactional complexities with case studies covering Microsoft’s acquisition of LinkedIn, Scarlett Johansson’s contract dispute with Disney over the release of Black Widow, litigation surrounding LVMH’s pandemic-disrupted acquisition of Tiffany, the feud between George Norcross and Lewis Katz over ownership of the Philadelphia Inquirer, NBC/Viacom’s negotiation with Paramount over the final three seasons of Frasier, and many more. In clear, concise terms, Klausner and Subramanian establish the basic framework of negotiation and the economic concepts that must be addressed in order to maximize value. They show how to tackle challenges, such as information asymmetry between buyer and seller, moral hazard, and opportunistic behavior. And the authors lay out responses to common risks associated with long-term contracts, emphasizing that a deal’s exit rights should be carefully considered at the start of transaction design.

Unique in its practical application of economic theory to actual dealmaking, this book will be an indispensable resource for students and for professionals across the business and legal world.

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European Coasts of Bohemia
Negotiating the Danube-Oder-Elbe Canal in a Troubled Twentieth Century
Jirí Janác
Amsterdam University Press, 2012
The Danube-Oder-Elbe Canal promised to create an integrated waterway system across Europe, linking Black Sea ports to Atlantic markets and giving landlocked Czech nation its own connections to the ocean. The fascinating history of this never-completed project, European Coasts of Bohemia tells the story of the experts who confronted and contributed to different and often conflicting geopolitical visions of Europe. Jíra Janác shows how the canal-backers adapted themselves to various political developments, such as the break-up of the Austrian–Hungarian Empire and the integration into the Soviet Bloc, while still managing to keep the canal project alive.  
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The "Getting to Yes" Guide for ESL Students and Professionals
Principled Negotiation for Non-Native Speakers of English
Barrie J. Roberts
University of Michigan Press, 2024
Getting to Yes, developed at the Harvard Negotiation Project, has been an international bestseller on win-win “principled” negotiations since 1981. Its four-step method has helped millions of people negotiate successfully with friends, relatives, business partners, customer service agents, opposing counsel, government officials, and other adversaries. Native speakers of English can easily and enjoyably learn the method by simply reading the book. But for non-native speakers of English, the vocabulary, idioms, phrasing, examples, and references can be difficult to understand. These readers may not be able to use Getting to Yes to negotiate in English on an equal footing with more fluent English speakers. 

The Getting to Yes Guide for ESL Students and Professionals prepares non-native speakers of English to join the global community of people who use Getting to Yes to negotiate win-win agreements in English. It provides page-by-page explanations of over 1,000 words, phrases, concepts, and examples that these readers may misunderstand; short stories that use these new words and concepts to help readers apply them to new contexts; delightful cartoons to highlight main ideas; optional ESL activities; and a glossary of the key negotiation idioms and terms used in Getting to Yes. In this guide, author Barrie J. Roberts applies her experience as a public interest attorney, court Alternative Dispute Resolution administrator, ESL instructor, and court interpreter trainer to help readers improve their professional-level English along with their negotiation skills.

Benefits for teachers: 
  • Each Chapter Guide provides a ready-made lesson plan with activities to do before, while, and after reading each chapter of Getting to Yes
  • The book can be used as a recommended self-study reference
  • This book can be used for selected chapters of Getting to Yes or for a complete standalone course on Getting to Yes for non-native speakers of English or Generation 1.5 students
  • Optional activities throughout the book can be assigned for in or out of the classroom. These include activities for reading comprehension, vocabulary building, paraphrasing, critical thinking, discussing, and writing
  • Short stories written to accompany each chapter require students to apply new vocabulary and negotiation concepts to real-world disputes
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front cover of Negotiating a Perilous Empowerment
Negotiating a Perilous Empowerment
Appalachian Women’s Literacies
Erica Abrams Locklear
Ohio University Press, 2011

In many parts of Appalachia, family ties run deep, constituting an important part of an individual’s sense of self. In some cases, when Appalachian learners seek new forms of knowledge, those family ties can be challenged by the accusation that they have gotten above their raisings, a charge that can have a lasting impact on family and community acceptance. Those who advocate literacy sometimes ignore an important fact — although empowering, newly acquired literacies can create identity conflicts for learners, especially Appalachian women. In Negotiating a Perilous Empowerment, Erica Abrams Locklear explores these literacy-initiated conflicts, analyzing how authors from the region portray them in their fiction and creative nonfiction.

Abrams Locklear blends literacy studies with literary criticism to analyze the central female characters in the works of Harriette Simpson Arnow, Linda Scott DeRosier, Denise Giardina, and Lee Smith. She shows how these authors deftly overturn stereotypes of an illiterate Appalachia by creating highly literate characters, women who not only cherish the power of words but also push the boundaries of what literacy means.

Negotiating a Perilous Empowerment includes in-depth interviews with Linda Scott DeRosier and Lee Smith, making this an insightful study of an important literary genre.

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front cover of Negotiating in Civil Conflict
Negotiating in Civil Conflict
Constitutional Construction and Imperfect Bargaining in Iraq
Haider Ala Hamoudi
University of Chicago Press, 2013
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds?
 
Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.

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front cover of Negotiating the Disabled Body
Negotiating the Disabled Body
Representations of Disability in Early Christian Texts
Anna Rebecca Solevåg
SBL Press, 2018

An intersectional study of New Testament and noncanonical literature

Anna Rebecca Solevåg explores how nonnormative bodies are presented in early Christian literature through the lens of disability studies. In a number of case studies, Solevåg shows how early Christians struggled to come to terms with issues relating to body, health, and dis/ability in the gospel stories, apocryphal narratives, Pauline letters, and patristic expositions. Solevåg uses the concepts of narrative prosthesis, gaze and stare, stigma, monster theory, and crip theory to examine early Christian material to reveal the multiple, polyphonous, contradictory ways in which nonnormative bodies appear.

Features:

  • Case studies that reveal a variety of understandings, attitudes, medical frameworks, and taxonomies for how disabled bodies were interpreted
  • A methodology that uses disability as an analytical tool that contributes insights about cultural categories, ideas of otherness, and social groups’ access to or lack of power
  • An intersectional perspective drawing on feminist, gender, queer, race, class, and postcolonial studies
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front cover of Negotiating the Intersections of Writing and Writing Instruction
Negotiating the Intersections of Writing and Writing Instruction
Proceedings from the 2019 Conference of the European Association for the Teaching of Academic Writing
edited by Magnus Gustafsson and Andreas Eriksson
University Press of Colorado, 2022
Expanding on their presentations at the 10th conference of the European Association for the Teaching of Academic Writing (EATAW), the contributors to this peer-reviewed edited collection explore and reflect on the conference theme Academic Writing at Intersections – Interdisciplinarity, Genre Hybridization, Multilingualism, Digitalization, and Interculturality. The chapters focus on the choices we face as teachers of academic writing and, indeed, as writers who seek publication as we stand at these critical intersections. Key issues explored in the collection involve the challenges posed by new and emerging technologies, the complexity of approaches to supervision, questions surrounding the scaffolding of writing processes, strategies for navigating complex administrative contexts and structures, and strategies for addressing the translingual contexts most EATAW members—and most teachers of writing—face. The collection concludes with reflections from researchers associated with EATAW and related organizations.
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Negotiating the Law of the Sea
James K. Sebenius
Harvard University Press, 1984

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations.

James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

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Negotiating the Past in the Past
Identity, Memory, and Landscape in Archaeological Research
Norman Yoffee
University of Arizona Press, 2008
Ralph Waldo Emerson once said that “all history becomes subjective,” that, in fact, “properly there is no history, only biography.” Today, Emerson’s observation is hardly revolutionary for archaeologists; it has become conventional wisdom that the present is a battleground where interpretations of the events and meanings of the past are constantly being disputed. What were the major events? Whose lives did these events impact, and how? Who were the key players? What was their legacy? We know all too well that the answers to these questions can vary considerably depending on what political, social, or personal agenda is driving the response.

Despite our keen eye for discerning historical spin doctors operating today, it has been only in recent years that archaeologists have begun exploring in detail how the past was used in the past itself. This volume of ten original works brings critical insight to this frequently overlooked dimension of earlier societies. Drawing on the concepts of identity, memory, and landscape, the contributors show how these points of entry can lead to substantially new accounts of how people understood their lives and why things changed as they did.

Chapters include the archaeologies of the eastern Mediterranean, including Mesopotamia, Iran, Greece, and Rome; prehistoric Greece; Achaemenid and Hellenistic Armenia; Athens in the Roman period; Nubia and Egypt; medieval South India; and northern Maya Quintana Roo. The contributors show how and why, in each society, certain versions of the past were promoted while others were aggressively forgotten for the purpose of promoting innovation, gaining political advantage, or creating a new group identity.

Commentaries by leading scholars Lynn Meskell and Jack Davis blend with newer voices to create a unique set of essays that is diverse but interrelated, exceptionally researched, and novel in its perspectives.
CONTENTS

1. Peering into the Palimpsest: An Introduction to the Volume
Norman Yoffee

2. Collecting, Defacing, Reinscribing (and Otherwise Performing) Memory in the Ancient World
Catherine Lyon Crawford

3. Unforgettable Landscapes: Attachments to the Past in Hellenistic Armenia
Lori Khatchadourian

4. Mortuary Studies, Memory, and the Mycenaean Polity
Seth Button

5. Identity under Construction in Roman Athens
Sanjaya Thakur

6. Inscribing the Napatan Landscape: Architecture and Royal Identity
Lindsay Ambridge

7. Negotiated Pasts and the Memorialized Present in Ancient India: Chalukyas of Vatapi
Hemanth Kadambi

8. Creating, Transforming, Rejecting, and Reinterpreting Ancient Maya Urban Landscapes: Insights from Lagartera and Margarita
Laura P. Villamil

9. Back to the Future: From the Past in the Present to the Past in the Past
Lynn Meskell

10. Memory Groups and the State: Erasing the Past and Inscribing the Present in the Landscapes of the Mediterranean and Near East
Jack L. Davis

About the Editor
About the Contributors
Index


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Negotiating With Eta
Obstacles To Peace In The Basque Country, 1975-1988
Robert P. Clark
University of Nevada Press, 1990

Since the late 1960s, the Basque insurgent organization ETA (Euzkadi ta Askatasuna, or Basque Homeland and Freedom) has been engaged in a violent struggle against the Spanish state in an effort to gain the independence of the Basque Country. ETA violence has led to the death of hundreds of people, making the organization the most violent insurgent group in Europe. Between 1975 and 1988, nearly thirty attempts to negotiate an end to violence, with a few limited exceptions, all ended in failure. This important book examines why the efforts to negotiate have failed and makes suggestions on how to improve the chances for successful discussion in the future. Although Clark does not disprove the conventional wisdom that negotiation with terrorists is a bad idea, he does begin from the opposing point of view that there may be some positive values to be realized from such negotiation.Negotiating with ETA describes the various factions that are interested in the outcome of such negotiations and the Spanish antiterrorist policy throughout the period under examination. The book also recounts the early attempts to negotiate, the first attempt at "social reintegration," various attempts by the Basque Government to get negotiations started, negotiation efforts under the Spanish socialist government of Felipe González, and the lengthy negotiations that took place in Algeria. A wide range of scholars and specialists will find this book valuable, including those interested in contemporary Spanish politics, ethnic nationalism, Basque affairs, the problem of terrorism, and conflict resolution.

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Negotiating with Imperialism
The Unequal Treaties and the Culture of Japanese Diplomacy
Michael R. Auslin
Harvard University Press, 2004

Japan's modern international history began in 1858 with the signing of the "unequal" commercial treaty with the United States. Over the next fifteen years, Japanese diplomacy was reshaped to respond to the Western imperialist challenge. Negotiating with Imperialism is the first book to explain the emergence of modern Japan through this early period of treaty relations.

Michael Auslin dispels the myth that the Tokugawa bakufu was diplomatically incompetent. Refusing to surrender to the West's power, bakufu diplomats employed negotiation as a weapon to defend Japan's interests. Tracing various visions of Japan's international identity, Auslin examines the evolution of the culture of Japanese diplomacy. Further, he demonstrates the limits of nineteenth-century imperialist power by examining the responses of British, French, and American diplomats. After replacing the Tokugawa in 1868, Meiji leaders initially utilized bakufu tactics. However, their 1872 failure to revise the treaties led them to focus on domestic reform as a way of maintaining independence and gaining equality with the West.

In a compelling analysis of the interplay among assassinations, Western bombardment of Japanese cities, fertile cultural exchange, and intellectual discovery, Auslin offers a persuasive reading of the birth of modern Japan and its struggle to determine its future relations with the world.

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Negotiation Analysis
The Science and Art of Collaborative Decision Making
By Howard Raiffa with John Richardson and David Metcalfe
Harvard University Press, 2002

This masterly book substantially extends Howard Raiffa's earlier classic, The Art and Science of Negotiation. It does so by incorporating three additional supporting strands of inquiry: individual decision analysis, judgmental decision making, and game theory. Each strand is introduced and used in analyzing negotiations.

The book starts by considering how analytically minded parties can generate joint gains and distribute them equitably by negotiating with full, open, truthful exchanges. The book then examines models that disengage step by step from that ideal. It also shows how a neutral outsider (intervenor) can help all negotiators by providing joint, neutral analysis of their problem.

Although analytical in its approach--building from simple hypothetical examples--the book can be understood by those with only a high school background in mathematics. It therefore will have a broad relevance for both the theory and practice of negotiation analysis as it is applied to disputes that range from those between family members, business partners, and business competitors to those involving labor and management, environmentalists and developers, and nations.

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Opposing Ambitions
Gender and Identity in an Alternative Organization
Sherryl Kleinman
University of Chicago Press, 1996
"Renewal" is a holistic health center run by baby boomers whose political ideals were shaped by the counterculture movements of the 1960s. Through interviews and observation, Sherryl Kleinman takes us inside Renewal and shows us how its members struggled to maintain a view of themselves as progressive and alternative even as they sought conventional legitimacy.

In Opposing Ambitions we meet the members of Renewal as individuals; learn about the differences in power, prestige, and respect they are accorded; why they talked endlessly about money; and how they related to each other. Kleinman shows how members' attempts to see themselves as unconventional, but also as serious operators of a legitimate health care organization, led them to act in ways that undermined their egalitarian goals. She draws out the lessons Renewal offers for understanding the problems women face in organizations, the failure of social movements to live up to their ideals, and how it is possible for progressives to avoid reproducing the inequalities they claim to oppose.
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The Social Production of Indifference
Michael Herzfeld
University of Chicago Press, 1993
Herzfeld argues that "modern" bureaucratically regulated societies are no more "rational" or less "symbolic" than the societies traditionally studied by anthropologists. He suggests that we cannot understand national bureaucracies divorced from local-level ideas about chance, personal character, social relationships and responsibility.

"Herzfeld's book is extremely ambitious and will be of interest to any anthropologist concerned with the study of bureaucracy, organizational and institutional control, symbols and their power, and social conflict. . . . Thoughtful and challenging."—Helen B. Schwartzman, American Ethnologist
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Women and Temporality in Literature and Cinema
Negotiating with Timelessness
Ila Ahlawat
Amsterdam University Press, 2021
Women and Temporality in Literature and Cinema delves into the subject of literary and cinematic women characters entrapped in temporal spaces and their peculiar communication with visibility, enclosure, space and time in the setup of a sexual and temporal discord. It explores subjects such as youth, ageing, remembering, forgetting, and repeating within the larger realm of gendered temporalities that are essentially a nuanced and affective experience. In its entirety, this book has sought to locate and spell out both the damaging as well as the healing effects of temporality upon women's consciousness.
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