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Working Law

Working Law Author Lauren B. Edelman
ISBN-10 9780226400938
Release 2016-11-28
Pages 312
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Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.



Inventing Equal Opportunity

Inventing Equal Opportunity Author Frank Dobbin
ISBN-10 1400830893
Release 2009-05-26
Pages 360
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Equal opportunity in the workplace is thought to be the direct legacy of the civil rights and feminist movements and the landmark Civil Rights Act of 1964. Yet, as Frank Dobbin demonstrates, corporate personnel experts--not Congress or the courts--were the ones who determined what equal opportunity meant in practice, designing changes in how employers hire, promote, and fire workers, and ultimately defining what discrimination is, and is not, in the American imagination. Dobbin shows how Congress and the courts merely endorsed programs devised by corporate personnel. He traces how the first measures were adopted by military contractors worried that the Kennedy administration would cancel their contracts if they didn't take "affirmative action" to end discrimination. These measures built on existing personnel programs, many designed to prevent bias against unionists. Dobbin follows the changes in the law as personnel experts invented one wave after another of equal opportunity programs. He examines how corporate personnel formalized hiring and promotion practices in the 1970s to eradicate bias by managers; how in the 1980s they answered Ronald Reagan's threat to end affirmative action by recasting their efforts as diversity-management programs; and how the growing presence of women in the newly named human resources profession has contributed to a focus on sexual harassment and work/life issues. Inventing Equal Opportunity reveals how the personnel profession devised--and ultimately transformed--our understanding of discrimination.



The Sit Ins

The Sit Ins Author Christopher W. Schmidt
ISBN-10 9780226522586
Release 2018-03-13
Pages 256
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On February 1, 1960, four African American college students entered the Woolworth department store in Greensboro, North Carolina, and sat down at the lunch counter. This lunch counter, like most in the American South, refused to serve black customers. The four students remained in their seats until the store closed. In the following days, they returned, joined by growing numbers of fellow students. These “sit-in” demonstrations soon spread to other southern cities, drawing in thousands of students and coalescing into a protest movement that would transform the struggle for racial equality. The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at “whites only” lunch counters lies a series of underappreciated legal dilemmas—about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students’ actions initiated a national conversation over whether the Constitution’s equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.



Speak No Evil

Speak No Evil Author Jon B. Gould
ISBN-10 0226305139
Release 2010-02-15
Pages 224
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Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of "keeping up with the Joneses," some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits. Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.



Rights on Trial

Rights on Trial Author Ellen Berrey
ISBN-10 9780226466859
Release 2017-06-22
Pages 320
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Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.



Regulatory Encounters

Regulatory Encounters Author Lee Axelrad
ISBN-10 0520222881
Release 2000
Pages 438
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"This is a pathbreaking contribution to a much neglected area of academic study."--Bridget M. Hutter, London School of Economics "Regulatory Encounters is an extremely impressive book that contains rich, varied, and convincing case studies on an important topic, American 'adversarial legalism.'"--R. Shep Melnick, Boston College



The Powers of Law

The Powers of Law Author Mauricio García-Villegas
ISBN-10 9781108554220
Release 2018-05-03
Pages 242
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Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio García-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to socio-political legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and socio-legal studies, García-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of socio-political legal studies.



Navigating Conflict

Navigating Conflict Author Calvin Morrill
ISBN-10 9780226523873
Release 2018-04-24
Pages 320
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Urban schools are often associated with violence, chaos, and youth aggression. But is this reputation really the whole picture? In Navigating Conflict, Calvin Morrill and Michael Musheno challenge the violence-centered conventional wisdom of urban youth studies, revealing instead the social ingenuity with which teens informally and peacefully navigate strife-ridden peer trouble. Taking as their focus a multi-ethnic, high-poverty school in the American southwest, the authors complicate our vision of urban youth, along the way revealing the resilience of students in the face of carceral disciplinary tactics. Grounded in sixteen years of ethnographic fieldwork, Navigating Conflict draws on archival and institutional evidence to locate urban schools in more than a century of local, state, and national change. Morrill and Musheno make the case for schools that work, where negative externalities are buffered and policies are adapted to ever-evolving student populations. They argue that these kinds of schools require meaningful, inclusive student organizations for sustaining social trust and collective peer dignity alongside responsive administrative leadership. Further, students must be given the freedom to associate and move among their peers, all while in the vicinity of watchful, but not intrusive adults. Morrill and Musheno make a compelling case for these foundational conditions, arguing that only through them can schools enable a rich climate for learning, achievement, and social advancement.



Discrimination Laundering

Discrimination Laundering Author Tristin K. Green
ISBN-10 9781316889381
Release 2016-11-14
Pages
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While discrimination in the workplace is often perceived to be undertaken at the hands of individual or 'rogue' employees acting against the better interest of their employers, the truth is often the opposite: organizations are inciting discrimination through the work environments that they create. Worse, the law increasingly ignores this reality and exacerbates the problem. In this groundbreaking book, Tristin K. Green describes the process of discrimination laundering, showing how judges are changing the law to protect employers, and why. By bringing organizations back into the discussion of discrimination, with real-world stories and extensive social-science research, Green shows how organizational and legal efforts to minimize discrimination - usually by policing individuals over broader organizational change - are taking us in the wrong direction, and how the law could do better, by creating incentives for organizational efforts that are likely to minimize discrimination, instead of inciting it.



The Enigma of Diversity

The Enigma of Diversity Author Ellen Berrey
ISBN-10 9780226246376
Release 2015-05-15
Pages 352
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Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it? Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences. Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.



Discrimination as Stigma

Discrimination as Stigma Author Iyiola Solanke
ISBN-10 9781782256380
Release 2016-12-29
Pages 183
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This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.



The Hollow Hope

The Hollow Hope Author Gerald N. Rosenberg
ISBN-10 0226726681
Release 2008-09-15
Pages 534
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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.



The New Legal Realism Volume 2

The New Legal Realism  Volume 2 Author Heinz Klug
ISBN-10 9781316495360
Release 2016-05-03
Pages
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This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level.



Sexual Exploitation of Teenagers

Sexual Exploitation of Teenagers Author Jennifer Ann Drobac
ISBN-10 9780226301013
Release 2016-02-02
Pages 361
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When we consider the concept of sexual abuse and harassment, our minds tend to jump either towards adults caught in unhealthy relationships or criminals who take advantage of children. But the millions of maturing teenagers who also deal with sexual harassment can fall between the cracks. When it comes to sexual relationships, adolescents pose a particular problem. Few teenagers possess all of the emotional and intellectual tools needed to navigate these threats, including the all too real advances made by supervisors, teachers, and mentors. In Sexual Exploitation of Teenagers, Jennifer Drobac explores the shockingly common problem of maturing adolescents who are harassed and exploited by adults in their lives. Reviewing the neuroscience and psychosocial evidence of adolescent development, she explains why teens are so vulnerable to adult harassers. Even today, in an age of increasing public awareness, criminal and civil law regarding the sexual abuse of minors remains tragically inept and irregular from state to state. Drobac uses six recent cases of teens suffering sexual harassment to illuminate the flaws and contradictions of this system, skillfully showing how our current laws fail to protect youths, and offering an array of imaginative legal reforms that could achieve increased justice for adolescent victims of sexual coercion.



Invitation to Law and Society Second Edition

Invitation to Law and Society  Second Edition Author Kitty Calavita
ISBN-10 9780226296616
Release 2016-04-11
Pages 240
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Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.



The Making of National Money

The Making of National Money Author Eric Helleiner
ISBN-10 0801440491
Release 2003
Pages 277
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Why should each country have its own exclusive currency? Eric Helleiner offers a fascinating and unique perspective on this question in his accessible history of the origins of national money. Our contemporary understandings of national currency are, Helleiner shows, surprisingly recent. Based on standardized technologies of production and extraction, territorially exclusive national currencies emerged for the first time only during the nineteenth century. This major change involved a narrow definition of legal tender and the exclusion of tokens of value issued outside the national territory. "Territorial currencies" rapidly became bound up with the rise of national markets, and money reflected basic questions of national identity and self-presentation: In what way should money be managed to serve national goals? Whose pictures should go on the banknotes? Helleiner draws out the potent implications of this largely unknown history for today's context. Territorial currencies face challenges from many monetary innovations—the creation of the euro, dollarization, the spread of local currencies, and the prospect of privately issued electronic currencies. While these challenges are dramatic, the author argues that their significance should not be overstated. Even in their short historical life, territorial currencies have never been as dominant as conventional wisdom suggests. The future of this kind of currency, Helleiner contends, depends on political struggles across the globe, struggles that echo those at the birth of national money.



The Future of Healthcare Reform in the United States

The Future of Healthcare Reform in the United States Author Anup Malani
ISBN-10 9780226254951
Release 2015-10-15
Pages 358
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When the Supreme Court's majority ruling in NFIB v. Sebelius upheld the Patient Protection and Affordable Care Act (the PPACA, or Obamacare), it was clear that this major shift in American health care provision was here to stay. For better or worse, the PPACA is now both a target for, and a constraint on, the next wave of reformist ideas. Driven by curiosity about how the American health care regime will continue to evolve in the near and medium term, Dean Michael Schill and Professor Anup Malani of the University of Chicago Law School commissioned fourteen essays from leading scholars of law, economics, medicine, and public health that offer predictions for the most important issues and debates in health-care reform over the next five to seven years. Essays are arranged in five sections. Part I, ACA and the Law, sets the stage with three essays on legal challenges and justifications for the Act. Part II, ACA and the Federal Budget, explores the variety of potential fiscal consequences resulting from Obamacare. Part III, ACA and Health Care Delivery, offers competing viewpoints on what the Act will ultimately mean for consumers of health care. Part IV, Health Care Costs, Innovation, and the ACA speculates about what the altered financial structure of health care will mean for the pace of development of new medical technologies. Part V, ACA and Health Insurance Markets, concludes the volume with a pair of contrasting assessments of the prospects for the new insurance exchange” markets.