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Contracting Freedom

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Release : 2022-05-10
Genre : History
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Book Rating : 497/5 ( reviews)

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Book Synopsis Contracting Freedom by : Maria L. Quintana

Download or read book Contracting Freedom written by Maria L. Quintana. This book was released on 2022-05-10. Available in PDF, EPUB and Kindle. Book excerpt: The first relational study of twentieth-century U.S. guestworker programs from Mexico and the Caribbean, Contracting Freedom explores how 1940s debates over labor programs elided race and empire while further legitimating and extending U.S. domination abroad in the post-World War II era.

Boilerplate

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Release : 2014-11-03
Genre : Law
Kind : eBook
Book Rating : 359/5 ( reviews)

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Book Synopsis Boilerplate by : Margaret Jane Radin

Download or read book Boilerplate written by Margaret Jane Radin. This book was released on 2014-11-03. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Freedom of Contract

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Release : 1921
Genre :
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Book Rating : /5 ( reviews)

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Book Synopsis Freedom of Contract by : Samuel Williston

Download or read book Freedom of Contract written by Samuel Williston. This book was released on 1921. Available in PDF, EPUB and Kindle. Book excerpt:

Law, Religion, and Health in the United States

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Release : 2017-07-03
Genre : Law
Kind : eBook
Book Rating : 885/5 ( reviews)

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Book Synopsis Law, Religion, and Health in the United States by : Holly Fernandez Lynch

Download or read book Law, Religion, and Health in the United States written by Holly Fernandez Lynch. This book was released on 2017-07-03. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

Contracting Freedom

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Release : 2016
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Book Synopsis Contracting Freedom by : Maria Quintana

Download or read book Contracting Freedom written by Maria Quintana. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation reviews the historical interpretations of “guestworkers” that emerged with the creation of the labor importation agreements between the United States, Mexico, and the Caribbean during and after World War II, to expose “guestworker” programs as a pivotal axis in the U.S. imperial framework of the twentieth century. Cast as facilitating individual salvation and international reciprocity, U.S. migrant labor importation policies with Mexico, Jamaica, Bahamas, Honduras, Barbados, and Puerto Rico emphasized the labor contract, bilateral agreements between nation-states, and equal rights, all of which appeared as advances from older labor arrangements forged under colonialism and slavery. Through various debates between and among U.S. government officials, leftist labor leaders, civil rights activists, and agribusiness employers, this dissertation examines how they all, in contradictory ways, celebrated and projected these labor programs as marking a new global age of freedom. This emergent rhetoric of freedom surrounding labor migrations to the United States facilitated, obscured, legitimated, and extended global racial and colonial dynamics in the post-World War II era. To expose how empire and race drove the programs, each chapter places the labor programs within the context of their formative moments: U.S imperial interventions in Latin America in the nineteenth century, the incarceration of Japanese Americans during World War II, slavery and indentured servitude in the British Caribbean colonies, the U.S. labor and civil rights movements, and the movements for independence in the British West Indies. In viewing the co-constitutive logic of “guestworker” labor programs within these formative contexts, it reveals that the “break” from empire that the labor programs seemed to signify in the 1940s was hardly a break at all. It then addresses how “guestworkers” and their advocates struggled to compel the state to fulfill the “freedom” of the labor programs during the long civil rights movement. Within the daily struggles of migrant workers and anticolonial activists, we can begin to find glimpses of wider visions of social justice that challenged the mandates of the U.S. liberal state, beyond universal “freedom” as it is framed by “rights” under nation. “Contracting Freedom” demonstrates that the racial formation of the U.S. “guestworker” was much more than a minor footnote to U.S. race relations, usually assumed to matter only along the West Coast with the advent of the Bracero Program. Instead, the “guestworker” proved central to the reconstruction of race, class, and nation during the mid-twentieth century, by upsetting and then recreating social and cultural dualisms that lay at the heart of American identities and imperial subjectivities: foreign and domestic, freedom and slavery, citizen and noncitizen, guest and alien.

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