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Author: Judy Rohrer
Publisher: University of Arizona Press
Published: 2016-05-28
Total Pages: 240
ISBN-13: 081650251X
DOWNLOAD EBOOKStaking Claim analyzes Hawai'i at the crossroads of competing claims for identity, belonging, and political status. Judy Rohrer argues that the dual settler colonial processes of racializing native Hawaiians (erasing their indigeneity), and indigenizing non-Hawaiians, enable the staking of non-Hawaiian claims to Hawai'i.
Author: Greg Johnson
Publisher: University of Virginia Press
Published: 2007
Total Pages: 210
ISBN-13: 9780813926612
DOWNLOAD EBOOKThe Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 provides a legal framework within which Native Americans can seek the repatriation of human remains and certain categories of cultural objects--including "sacred objects"--from federally funded institutions. Although the repatriation movement among Native Americans has heretofore received scholarly attention specifically focused on this act, Sacred Claims is the first book to analyze the ways in which religious discourse is used to articulate repatriation claims. Greg Johnson takes this act as one instance in a larger context wherein native peoples around the globe must engage legal arenas in order to preserve their heritage. Methodologically, Sacred Claims is based on a close reading of government documents concerning the law and participant observation in a variety of NAGPRA-related events and provides the background and legislative history of the law, the life history of the act's axial term cultural affiliation (the most delicate and least understood aspect of NAGPRA), and several case studies of highly visible and contentious Hawaiian repatriation disputes. Johnson then moves beyond the strictly legal context to analyze NAGPRA discourse in the public realm. He concludes by way of a theoretical treatment of the foregoing issues, arguing that religious language was the chief means by which native representatives ultimately persuaded non-native audiences of the applicability of widely-held human rights principles to their cultural remains. Theorizing modes of cultural vitality in the repatriation context, Johnson argues that living tradition is not found in the objects themselves but is instead located in struggles over them. With the law on the brink of receiving crucial tests, and repatriation issues making daily headlines in Native American and Hawaiian news, Sacred Claims is a timely and necessary examination of these issues.
Author: Jason R. Domark
Publisher:
Published: 2022
Total Pages:
ISBN-13: 9781641059985
DOWNLOAD EBOOK"This book is a practical guide for lawyers who are either beginning a fiduciary litigation practice or who are handling a fiduciary duty case in an unfamiliar area"--
Author: Shannon Gleeson
Publisher: Univ of California Press
Published: 2016-09-30
Total Pages: 190
ISBN-13: 0520963601
DOWNLOAD EBOOKA free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program for monographs. Visit www.luminosoa.org to learn more. Precarious Claims tells the human story behind the bureaucratic process of fighting for justice in the U.S. workplace. The global economy has fueled vast concentrations of wealth that have driven a demand for cheap and flexible labor. Workplace violations such as wage theft, unsafe work environments, and discrimination are widespread in low-wage industries such as retail, restaurants, hospitality, and domestic work, where jobs are often held by immigrants and other vulnerable workers. How and why do these workers, despite enormous barriers, come forward to seek justice, and what happens once they do? Based on extensive fieldwork in Northern California, Gleeson investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections. The author also tracks how workplace injustices—and the arduous process of contesting them—carry long-term effects on their everyday lives. Workers sometimes win, but their chances are precarious at best.
Author: Jay M. Feinman
Publisher: Penguin
Published: 2010-03-18
Total Pages: 247
ISBN-13: 1101196289
DOWNLOAD EBOOKAn expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Bethany Ann Lacina
Publisher: University of Michigan Press
Published: 2017-02-07
Total Pages: 281
ISBN-13: 0472122568
DOWNLOAD EBOOKIn this study of struggles for ethnoterritorial autonomy, Bethany Lacina explains regional elites’ decision whether or not to fight for autonomy, and the central government’s response to this decision. In India, the prime minister’s respective electoral ties to separate, rival regional interests determine whether ethnoterritorial demands occur and whether they are repressed or accommodated. Using new data on ethnicity and sub-national discrimination in India, national and state archives, parliamentary records, cross-national analysis and her original fieldwork, Lacina explains ethnoterritorial politics as a three-sided interaction of the center and rival interests in the periphery. Ethnic entrepreneurs use militancy to create national political pressure in favor of their goals when the prime minister lacks clear electoral reasons to court one regional group over another. Second, ethnic groups rarely win autonomy or mobilize for violence in regions home to electorally influential anti-autonomy interests. Third, when a regional ethnic majority is politically important to the prime minister, its leaders can deter autonomy demands within their borders, while actively discriminating against minorities. Rival Claims challenges the conventional beliefs that territorial autonomy demands are a reaction to centralized power and that governments resist autonomy to preserve central prerogatives. The center has allegiances in regional politics, and ethnoterritorial violence reflects the center’s entanglement with rival interests in the periphery.
Author: United States
Publisher:
Published: 2013
Total Pages: 1146
ISBN-13:
DOWNLOAD EBOOK"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: Dylan C. Penningroth
Publisher: UNC Press Books
Published: 2004-07-21
Total Pages: 321
ISBN-13: 0807862134
DOWNLOAD EBOOKIn The Claims of Kinfolk, Dylan Penningroth uncovers an extensive informal economy of property ownership among slaves and sheds new light on African American family and community life from the heyday of plantation slavery to the "freedom generation" of the 1870s. By focusing on relationships among blacks, as well as on the more familiar struggles between the races, Penningroth exposes a dynamic process of community and family definition. He also includes a comparative analysis of slavery and slave property ownership along the Gold Coast in West Africa, revealing significant differences between the African and American contexts. Property ownership was widespread among slaves across the antebellum South, as slaves seized the small opportunities for ownership permitted by their masters. While there was no legal framework to protect or even recognize slaves' property rights, an informal system of acknowledgment recognized by both blacks and whites enabled slaves to mark the boundaries of possession. In turn, property ownership--and the negotiations it entailed--influenced and shaped kinship and community ties. Enriching common notions of slave life, Penningroth reveals how property ownership engendered conflict as well as solidarity within black families and communities. Moreover, he demonstrates that property had less to do with individual legal rights than with constantly negotiated, extralegal social ties.
Author: Judith Butler
Publisher: Columbia University Press
Published: 2002-05-23
Total Pages: 118
ISBN-13: 0231518048
DOWNLOAD EBOOKThe celebrated author of Gender Trouble here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship—and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's Oedipus, has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that she opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone—the "postoedipal" subject—rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be.
