Louis Kaplow
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158624
- eISBN:
- 9781400846078
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158624.003.0004
- Subject:
- Economics and Finance, Economic History
This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court ...
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This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court precedents on Section 1. These are the primary source of U.S. antitrust law in general and specifically in delineating what constitutes a horizontal agreement. Here, there is more conflict than meets the eye. Finally, the corresponding provision in the European Union, Article 101, is examined. Because the underlying questions and the relevant economic theory of oligopolistic coordination are the same, it is natural to expect similar challenges to arise, and they do.Less
This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court precedents on Section 1. These are the primary source of U.S. antitrust law in general and specifically in delineating what constitutes a horizontal agreement. Here, there is more conflict than meets the eye. Finally, the corresponding provision in the European Union, Article 101, is examined. Because the underlying questions and the relevant economic theory of oligopolistic coordination are the same, it is natural to expect similar challenges to arise, and they do.
Rachel St. John
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691141541
- eISBN:
- 9781400838639
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691141541.003.0008
- Subject:
- History, American History: early to 18th Century
This chapter traces the emergence of an immigration-control apparatus on the boundary line and how political and economic conditions influenced how and against whom the nation-states used it. As U.S. ...
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This chapter traces the emergence of an immigration-control apparatus on the boundary line and how political and economic conditions influenced how and against whom the nation-states used it. As U.S. immigration laws increasingly defined Mexicans as outsiders who could not freely cross the boundary line, the divisive power of the border became more apparent. This sense of division between the United States and Mexico and the United States' ongoing attempts to assert its authority over when and how Mexican immigrants cross the border, which reached one peak in the deportations of the Great Depression, continue to define the border today.Less
This chapter traces the emergence of an immigration-control apparatus on the boundary line and how political and economic conditions influenced how and against whom the nation-states used it. As U.S. immigration laws increasingly defined Mexicans as outsiders who could not freely cross the boundary line, the divisive power of the border became more apparent. This sense of division between the United States and Mexico and the United States' ongoing attempts to assert its authority over when and how Mexican immigrants cross the border, which reached one peak in the deportations of the Great Depression, continue to define the border today.
KENT GREENAWALT
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195343298
- eISBN:
- 9780199867806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343298.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter is about ultimate standards of law in the United States. It attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of ...
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This chapter is about ultimate standards of law in the United States. It attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law. The chapter proceeds at three levels: (1) application to the United States of Hart's concepts regarding the rule of recognition; (2) enrichment of those concepts in light of the United State#x0027;s law and legal institutions; and (3) evaluation of some strengths and weaknesses of this general approach to how ultimate legal standards are discerned, and a sketch of a fuller and more adequate account. The main body of the chapter primarily addresses the first level, though it involves comments of obvious relevance for the second level and lays the groundwork for discussion at the third. The end of the chapter draws together conclusions about how Hart's theory requires amplification, and treats the relevant disagreements between Hart and Dworkin in a systematic way.Less
This chapter is about ultimate standards of law in the United States. It attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law. The chapter proceeds at three levels: (1) application to the United States of Hart's concepts regarding the rule of recognition; (2) enrichment of those concepts in light of the United State#x0027;s law and legal institutions; and (3) evaluation of some strengths and weaknesses of this general approach to how ultimate legal standards are discerned, and a sketch of a fuller and more adequate account. The main body of the chapter primarily addresses the first level, though it involves comments of obvious relevance for the second level and lays the groundwork for discussion at the third. The end of the chapter draws together conclusions about how Hart's theory requires amplification, and treats the relevant disagreements between Hart and Dworkin in a systematic way.
Matthew Adler and Kenneth Einar Himma (eds)
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195343298
- eISBN:
- 9780199867806
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343298.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in ...
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This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The book makes a contribution both in jurisprudence, using the U.S. as a “test case” that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.Less
This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The book makes a contribution both in jurisprudence, using the U.S. as a “test case” that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
RICHARD H. FALLON
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195343298
- eISBN:
- 9780199867806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343298.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter responds to claims that the Supreme Court behaves lawlessly whenever it follows erroneous past decisions, by invoking and applying H. L. A. Hart's famous assertions that the ultimate ...
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This chapter responds to claims that the Supreme Court behaves lawlessly whenever it follows erroneous past decisions, by invoking and applying H. L. A. Hart's famous assertions that the ultimate foundation for all legal claims lies in a “rule of recognition” and that the rule of recognition owes its status to “acceptance.” It is argued that Article VI and other provisions of the written Constitution do not exhaust the pertinent American rule or practice of recognition; accepted rules or practices of recognition accord judicial precedent a sometimes authoritative status. In developing this argument, the chapter explores whether Hart's account requires adaptation to provide an adequate explanation of American constitutional practice—which is famously argumentative and not obviously rule-bound—and, if so, what forms the adjustments ought to take. The ultimate goal is to use Hartian positivist theory to illuminate American constitutional adjudication, and especially the role of precedent within it, while deploying American constitutional practice as a prism through which to examine some of Hart's ideas.Less
This chapter responds to claims that the Supreme Court behaves lawlessly whenever it follows erroneous past decisions, by invoking and applying H. L. A. Hart's famous assertions that the ultimate foundation for all legal claims lies in a “rule of recognition” and that the rule of recognition owes its status to “acceptance.” It is argued that Article VI and other provisions of the written Constitution do not exhaust the pertinent American rule or practice of recognition; accepted rules or practices of recognition accord judicial precedent a sometimes authoritative status. In developing this argument, the chapter explores whether Hart's account requires adaptation to provide an adequate explanation of American constitutional practice—which is famously argumentative and not obviously rule-bound—and, if so, what forms the adjustments ought to take. The ultimate goal is to use Hartian positivist theory to illuminate American constitutional adjudication, and especially the role of precedent within it, while deploying American constitutional practice as a prism through which to examine some of Hart's ideas.
Neil Brodie, Morag M. Kersel, and Kathryn Walker Tubb
- Published in print:
- 2006
- Published Online:
- September 2011
- ISBN:
- 9780813029726
- eISBN:
- 9780813039145
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813029726.003.0003
- Subject:
- Archaeology, Methodology and Techniques
This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention ...
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This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention in the United States as the Convention on Cultural Property Implementation Act (CPIA). It also shows that some art museums lined up with anthropology museums during negotiations over the CPIA—but this does nevertheless have a general relevance. In particular, the chapter describes some of the legal remedies that have been adopted for the protection of the world cultural patrimony, both at the international level and, in greater detail, with regard to the legislation of the United States. The chapter gives an overview of some aspects of current U.S. law regulating international trade in antiquities in the United States. The history of the political struggles and compromises that shaped the U.S. Cultural Property Implementation Act in its present form is recounted. Moreover, the chapter offers some suggestions for possible improvements in the Act. It appears to be that the long-term task for archaeologists must be to sensitize both citizens and politicians to the immense loss to historical patrimony that is being caused by the illicit trade in antiquities.Less
This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention in the United States as the Convention on Cultural Property Implementation Act (CPIA). It also shows that some art museums lined up with anthropology museums during negotiations over the CPIA—but this does nevertheless have a general relevance. In particular, the chapter describes some of the legal remedies that have been adopted for the protection of the world cultural patrimony, both at the international level and, in greater detail, with regard to the legislation of the United States. The chapter gives an overview of some aspects of current U.S. law regulating international trade in antiquities in the United States. The history of the political struggles and compromises that shaped the U.S. Cultural Property Implementation Act in its present form is recounted. Moreover, the chapter offers some suggestions for possible improvements in the Act. It appears to be that the long-term task for archaeologists must be to sensitize both citizens and politicians to the immense loss to historical patrimony that is being caused by the illicit trade in antiquities.
Peter de Marneffe
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195383249
- eISBN:
- 9780199870554
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383249.003.0003
- Subject:
- Philosophy, Political Philosophy
The paternalistic argument for prostitution laws does not presuppose that it is inherently wrong or immoral to exchange sex for money. Nor does it presuppose that prostitution laws could be justified ...
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The paternalistic argument for prostitution laws does not presuppose that it is inherently wrong or immoral to exchange sex for money. Nor does it presuppose that prostitution laws could be justified on this ground if it were true. Nor does this argument imply that the government is justified in limiting our sexual freedom in other ways. Prostitution laws justified on paternalistic grounds are therefore not objectionably moralistic. Although the paternalistic argument stated in chapter 1 presupposes that prostitution is “degrading,” and although John Rawls and Ronald Dworkin have argued that the fact that a form of sexual conduct is degrading cannot justify the government in prohibiting it, the paternalistic argument for prostitution laws is nonetheless compatible with liberal principles of liberty. It is misleading to characterize U.S. prostitution laws as “morals legislation” because in U.S. history, the paternalistic justification has been more influential than any purely moralistic one.Less
The paternalistic argument for prostitution laws does not presuppose that it is inherently wrong or immoral to exchange sex for money. Nor does it presuppose that prostitution laws could be justified on this ground if it were true. Nor does this argument imply that the government is justified in limiting our sexual freedom in other ways. Prostitution laws justified on paternalistic grounds are therefore not objectionably moralistic. Although the paternalistic argument stated in chapter 1 presupposes that prostitution is “degrading,” and although John Rawls and Ronald Dworkin have argued that the fact that a form of sexual conduct is degrading cannot justify the government in prohibiting it, the paternalistic argument for prostitution laws is nonetheless compatible with liberal principles of liberty. It is misleading to characterize U.S. prostitution laws as “morals legislation” because in U.S. history, the paternalistic justification has been more influential than any purely moralistic one.
Vincent D. Rougeau
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780195188097
- eISBN:
- 9780199852109
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195188097.003.0004
- Subject:
- Religion, Theology
This chapter suggests that the way U.S. law approaches race and affirmative action is deeply flawed. This “misrepresentation” has made it impossible for the law to deal honestly and effectively with ...
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This chapter suggests that the way U.S. law approaches race and affirmative action is deeply flawed. This “misrepresentation” has made it impossible for the law to deal honestly and effectively with any number of legal and public policy issues rooted in the nation's experience of race. It is argued that the construction of liberalism now dominant in U.S. law inappropriately directs the legal system toward the creation of “neutral” legal principles and arguments ill suited to dealing with a culturally particularized and communal racial problem, one rooted in the system of race-based chattel slavery. It also challenges a basic assumption of Anglo–American liberalism: that human dignity is most effectively advanced through the promotion of individual freedom and autonomy. This view of the human person neglects the role of culture and community in imparting dignity and meaning to human existence and ultimately dehumanizes politics, the legal system, and civic life.Less
This chapter suggests that the way U.S. law approaches race and affirmative action is deeply flawed. This “misrepresentation” has made it impossible for the law to deal honestly and effectively with any number of legal and public policy issues rooted in the nation's experience of race. It is argued that the construction of liberalism now dominant in U.S. law inappropriately directs the legal system toward the creation of “neutral” legal principles and arguments ill suited to dealing with a culturally particularized and communal racial problem, one rooted in the system of race-based chattel slavery. It also challenges a basic assumption of Anglo–American liberalism: that human dignity is most effectively advanced through the promotion of individual freedom and autonomy. This view of the human person neglects the role of culture and community in imparting dignity and meaning to human existence and ultimately dehumanizes politics, the legal system, and civic life.
Stephen Breyer
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0038
- Subject:
- Law, Legal History
This chapter deals with the use of economics in the law, and in particular, at the U.S. Supreme Court. It illustrates how the partnership between economy and law functions at the Supreme Court of the ...
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This chapter deals with the use of economics in the law, and in particular, at the U.S. Supreme Court. It illustrates how the partnership between economy and law functions at the Supreme Court of the United States, and considers cases arising in legal fields where the law — if it is to work well — must draw upon insights provided by economists.Less
This chapter deals with the use of economics in the law, and in particular, at the U.S. Supreme Court. It illustrates how the partnership between economy and law functions at the Supreme Court of the United States, and considers cases arising in legal fields where the law — if it is to work well — must draw upon insights provided by economists.
George L. Priest
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300175219
- eISBN:
- 9780300195071
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300175219.003.0012
- Subject:
- Political Science, American Politics
This chapter discusses the expansion of the U.S. tort law and its excesses. It first presents a brief history of conceptions of tort law and how they are transformed. It then discusses the rise of ...
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This chapter discusses the expansion of the U.S. tort law and its excesses. It first presents a brief history of conceptions of tort law and how they are transformed. It then discusses the rise of class action. The chapter demonstrates that modern tort law has excesses in liability that have transformed it into a significant instrument of redistribution that places the United States at a significant competitive disadvantage compared with other countries.Less
This chapter discusses the expansion of the U.S. tort law and its excesses. It first presents a brief history of conceptions of tort law and how they are transformed. It then discusses the rise of class action. The chapter demonstrates that modern tort law has excesses in liability that have transformed it into a significant instrument of redistribution that places the United States at a significant competitive disadvantage compared with other countries.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804757102
- eISBN:
- 9780804771399
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804757102.003.0003
- Subject:
- Law, Criminal Law and Criminology
Interest in criminal registration laws experienced a dramatic resurgence in the 1990s. While in 1990 only a handful of states had registration laws, by the middle part of the decade registration was ...
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Interest in criminal registration laws experienced a dramatic resurgence in the 1990s. While in 1990 only a handful of states had registration laws, by the middle part of the decade registration was in effect nationwide and was the subject of ubiquitous public attention. Modern-day registration was complemented by community notification, a new social control strategy designed to expand the premise of knowledge empowerment beyond law enforcement to communities as a whole. This chapter chronicles the reemergence of registration and the genesis of community notification, as well as the content of the registration and notification laws themselves. It concludes with a comparison of new- and old-generation laws that, while sharing many similarities, nonetheless differ radically in their reach and requirements.Less
Interest in criminal registration laws experienced a dramatic resurgence in the 1990s. While in 1990 only a handful of states had registration laws, by the middle part of the decade registration was in effect nationwide and was the subject of ubiquitous public attention. Modern-day registration was complemented by community notification, a new social control strategy designed to expand the premise of knowledge empowerment beyond law enforcement to communities as a whole. This chapter chronicles the reemergence of registration and the genesis of community notification, as well as the content of the registration and notification laws themselves. It concludes with a comparison of new- and old-generation laws that, while sharing many similarities, nonetheless differ radically in their reach and requirements.
Eric Heinze
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199548781
- eISBN:
- 9780191720673
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548781.003.0011
- Subject:
- Law, Human Rights and Immigration
All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been ...
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All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been paid to comparative methodology. In view of the political and symbolic importance of free speech, the trans-Atlantic divide inevitably invites cultural comparisons. It is important to avoid drawing broad conclusions about deeper Euro-American differences based solely on black-letter norms. Unduly broad extrapolation from formal norms can lead to problems of essentialism and ahistoricism. Attention is paid in this chapter to the balance between formalist and realist jurisprudence as a pathway into constructive comparisons.Less
All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been paid to comparative methodology. In view of the political and symbolic importance of free speech, the trans-Atlantic divide inevitably invites cultural comparisons. It is important to avoid drawing broad conclusions about deeper Euro-American differences based solely on black-letter norms. Unduly broad extrapolation from formal norms can lead to problems of essentialism and ahistoricism. Attention is paid in this chapter to the balance between formalist and realist jurisprudence as a pathway into constructive comparisons.
Thomas C. Arthur
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780804785716
- eISBN:
- 9780804787925
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804785716.003.0005
- Subject:
- Law, Competition Law
This chapter first briefly describes the founding and early development of the U.S. antitrust regime, explaining how it came to take the unique form that it did. It also describes how, and how well, ...
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This chapter first briefly describes the founding and early development of the U.S. antitrust regime, explaining how it came to take the unique form that it did. It also describes how, and how well, the regime works and concludes with lessons for developing countries from the American experience. The primary lessons are (1) a competition law regime should not be established unless a country already has established political and judicial institutions that observe the rule of law, and (2) generalist judges are poorly suited for either the development of competition rules or their enforcement, with the single exception of a per se prohibition of obvious cartels. For everything else, either (1) a single national competition authority with power to both make and enforce policy, reviewed by generalist courts, or (2) a single expert enforcement agency that brings cases to a specialized competition court staffed by experts is far better.Less
This chapter first briefly describes the founding and early development of the U.S. antitrust regime, explaining how it came to take the unique form that it did. It also describes how, and how well, the regime works and concludes with lessons for developing countries from the American experience. The primary lessons are (1) a competition law regime should not be established unless a country already has established political and judicial institutions that observe the rule of law, and (2) generalist judges are poorly suited for either the development of competition rules or their enforcement, with the single exception of a per se prohibition of obvious cartels. For everything else, either (1) a single national competition authority with power to both make and enforce policy, reviewed by generalist courts, or (2) a single expert enforcement agency that brings cases to a specialized competition court staffed by experts is far better.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804757102
- eISBN:
- 9780804771399
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804757102.003.0002
- Subject:
- Law, Criminal Law and Criminology
This chapter traces the evolution of American criminal registration laws, starting in the 1930s when cities and counties rushed to enact laws. While motivated by fear of an increasingly mobile and ...
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This chapter traces the evolution of American criminal registration laws, starting in the 1930s when cities and counties rushed to enact laws. While motivated by fear of an increasingly mobile and anonymous breed of professional “gangsters,” the laws in actuality targeted persons with offending histories belying hardened criminal status (a single conviction typically triggered eligibility) and otherwise focused on crimes not typically thought worthy of public safety concern (such as miscegenation). Moreover, the laws swept up newcomer and resident ex-offenders alike, contrary to the ostensible motivating concern over itinerant anonymity. Only later did state governments enact registration laws, with California adopting the nation's first statewide law in 1947; state interest in registration, however, remained limited and sporadic up through the 1980s.Less
This chapter traces the evolution of American criminal registration laws, starting in the 1930s when cities and counties rushed to enact laws. While motivated by fear of an increasingly mobile and anonymous breed of professional “gangsters,” the laws in actuality targeted persons with offending histories belying hardened criminal status (a single conviction typically triggered eligibility) and otherwise focused on crimes not typically thought worthy of public safety concern (such as miscegenation). Moreover, the laws swept up newcomer and resident ex-offenders alike, contrary to the ostensible motivating concern over itinerant anonymity. Only later did state governments enact registration laws, with California adopting the nation's first statewide law in 1947; state interest in registration, however, remained limited and sporadic up through the 1980s.
Joshua Barkan
- Published in print:
- 2013
- Published Online:
- August 2015
- ISBN:
- 9780816674268
- eISBN:
- 9781452947358
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816674268.003.0003
- Subject:
- Political Science, Public Policy
This chapter describes the treatment of corporations as a form of private property that occurred within the context of debates over sovereignty, government, and political economy during the late 18th ...
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This chapter describes the treatment of corporations as a form of private property that occurred within the context of debates over sovereignty, government, and political economy during the late 18th and early 19th centuries. It focuses on the reorganization of the corporation as a private institution in U.S. law, and discusses the significance of the 19th-century U.S. legal constructions in establishing a regime of managerial capitalism that anchored U.S. economic growth through the course of the 20th century. The chapter also talks about the U.S. corporate law that has been constituted as an important source for conceptualizing aspects of the global political and economic order.Less
This chapter describes the treatment of corporations as a form of private property that occurred within the context of debates over sovereignty, government, and political economy during the late 18th and early 19th centuries. It focuses on the reorganization of the corporation as a private institution in U.S. law, and discusses the significance of the 19th-century U.S. legal constructions in establishing a regime of managerial capitalism that anchored U.S. economic growth through the course of the 20th century. The chapter also talks about the U.S. corporate law that has been constituted as an important source for conceptualizing aspects of the global political and economic order.
Sara L. McKinnon
- Published in print:
- 2016
- Published Online:
- April 2017
- ISBN:
- 9780252040450
- eISBN:
- 9780252098888
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252040450.001.0001
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
Women filing gender-based asylum claims have long faced skepticism and outright rejection within the U.S. immigration system. Despite erratic progress, the United States still fails to recognize ...
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Women filing gender-based asylum claims have long faced skepticism and outright rejection within the U.S. immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. This book exposes racialized rhetorics of violence in politics and charts the development of gender as a category in U.S. asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, the book analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. The book's 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. The book 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 U.S. national and global interests. It 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.Less
Women filing gender-based asylum claims have long faced skepticism and outright rejection within the U.S. immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. This book exposes racialized rhetorics of violence in politics and charts the development of gender as a category in U.S. asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, the book analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. The book's 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. The book 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 U.S. national and global interests. It 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.
Michael Bridge
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300175219
- eISBN:
- 9780300195071
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300175219.003.0014
- Subject:
- Political Science, American Politics
This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with ...
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This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with English law. The chapter also looks at the main features of Uniform Commercial Code UCC § 2-302 and then assesses its practical impact.Less
This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with English law. The chapter also looks at the main features of Uniform Commercial Code UCC § 2-302 and then assesses its practical impact.
Joshua Barkan
- Published in print:
- 2013
- Published Online:
- August 2015
- ISBN:
- 9780816674268
- eISBN:
- 9781452947358
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816674268.003.0004
- Subject:
- Political Science, Public Policy
This chapter explains the reworking of corporate sovereignty in the context of modern U.S. corporate law by describing corporate personhood and analyzing 19th- and early-20th-century literature of ...
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This chapter explains the reworking of corporate sovereignty in the context of modern U.S. corporate law by describing corporate personhood and analyzing 19th- and early-20th-century literature of lawyers, political economists, and public figures to understand how corporations changed from fundamental institutions of government into private, capitalist firms. It discusses corporate personhood as a retroactive attempt to rationalize an institution connected with early modern models of sovereignty and police within the juridical framework of a liberal capitalist political economy that centers on concepts of personhood, rights, and citizenship. The chapter also reviews Matt Wuerker’s drawing “Corpenstein”, which echo earlier presentations of corporations as monsters.Less
This chapter explains the reworking of corporate sovereignty in the context of modern U.S. corporate law by describing corporate personhood and analyzing 19th- and early-20th-century literature of lawyers, political economists, and public figures to understand how corporations changed from fundamental institutions of government into private, capitalist firms. It discusses corporate personhood as a retroactive attempt to rationalize an institution connected with early modern models of sovereignty and police within the juridical framework of a liberal capitalist political economy that centers on concepts of personhood, rights, and citizenship. The chapter also reviews Matt Wuerker’s drawing “Corpenstein”, which echo earlier presentations of corporations as monsters.
Terry-Ann Jones
Laura Nichols (ed.)
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780823276165
- eISBN:
- 9780823277186
- Item type:
- book
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823276165.001.0001
- Subject:
- Sociology, Education
The current daily experiences of undocumented students as they navigate the processes of entering and then thriving in Jesuit colleges are explored in this book alongside an investigation of the ...
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The current daily experiences of undocumented students as they navigate the processes of entering and then thriving in Jesuit colleges are explored in this book alongside an investigation of the knowledge and attitudes among staff and faculty about undocumented students in their midst, and the institutional response to their presence. Cutting across the fields of U.S. immigration policy, theory and history, religion, law, and education, this book delineates the historical and present-day contexts of immigration, including the role of religious institutions. This unique volume, based on an extensive two-year study (2010–12) of undocumented students at Jesuit colleges in the United States, incorporates survey research and in-depth interviews to present the perspectives of students, staff, and the institutions.Less
The current daily experiences of undocumented students as they navigate the processes of entering and then thriving in Jesuit colleges are explored in this book alongside an investigation of the knowledge and attitudes among staff and faculty about undocumented students in their midst, and the institutional response to their presence. Cutting across the fields of U.S. immigration policy, theory and history, religion, law, and education, this book delineates the historical and present-day contexts of immigration, including the role of religious institutions. This unique volume, based on an extensive two-year study (2010–12) of undocumented students at Jesuit colleges in the United States, incorporates survey research and in-depth interviews to present the perspectives of students, staff, and the institutions.
Sara L. McKinnon
- Published in print:
- 2016
- Published Online:
- April 2017
- ISBN:
- 9780252040450
- eISBN:
- 9780252098888
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252040450.003.0001
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
This introductory chapter establishes the groundwork for an analysis on how subjects are racialized and thus “differently coded” as worthy (or not worthy) of refuge in the United States because of ...
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This introductory chapter establishes the groundwork for an analysis on how subjects are racialized and thus “differently coded” as worthy (or not worthy) of refuge in the United States because of what their gender, gendered claims, and countries of birth do for U.S. national and transnational state interests. As such, the chapter first historicizes the entrance of gender on the global stage of the international system for managing refugees and asylum seekers, before outlining an understanding of gender as a legal category and identity construct. Finally, the chapter lays out the theoretical frameworks and methodologies informing the analyses provided by the following chapters.Less
This introductory chapter establishes the groundwork for an analysis on how subjects are racialized and thus “differently coded” as worthy (or not worthy) of refuge in the United States because of what their gender, gendered claims, and countries of birth do for U.S. national and transnational state interests. As such, the chapter first historicizes the entrance of gender on the global stage of the international system for managing refugees and asylum seekers, before outlining an understanding of gender as a legal category and identity construct. Finally, the chapter lays out the theoretical frameworks and methodologies informing the analyses provided by the following chapters.
