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Legal Rights (legal + right)
Selected AbstractsThe Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer LawLAW & SOCIETY REVIEW, Issue 3 2009Shauhin A. Talesh This article demonstrates how the content and meaning of California's consumer protection laws were shaped by automobile manufacturers, the very group these laws were designed to regulate. My analysis draws on and links two literatures that examine the relationship between law and organizations but often overlook one another: political science studies of how businesses influence public legal institutions, and neo-institutional sociology studies of how organizations shape law within their organizational field. By integrating these literatures, I develop an "institutional-political" theory that demonstrates how organizations' construction of law and compliance within an organizational field shapes the meaning of law among legislators and judges. This study examines case law and more than 35 years of California legislative history concerning its consumer warranty laws. Using institutional and political analysis, I show how auto manufacturers, who were initially subject to powerful consumer protection laws, weakened the impact of these laws by creating dispute resolution venues. The legislature and courts subsequently incorporated private dispute resolution venues into statutes and court decisions and made consumer rights and remedies largely contingent on consumers first using manufacturer-sponsored venues. Organizational venue creation resulted in public legal rights being redefined and controlled by private organizations. [source] Transforming Breach of Confidence?THE MODERN LAW REVIEW, Issue 5 2003Towards a Common Law Right of Privacy under the Human Rights Act This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited ,horizontal' application of Article 8 of the ECHR via the Human Rights Act. Its analysis of Strasbourg and domestic post-HRA case law reveals the extent to which confidence has in some areas been radically transformed into a privacy right in all but name; however it also seeks to expose the analytical and normative tensions that arise in the judgments between the values of confidentiality and privacy as overlapping but not coterminous concepts, due in part to the failure to resolve decisively the horizontal effect conundrum. This judicial ambivalence towards the reception of privacy as a legal right into English law may, it will argue, also be seen in the prevailing judicial approach to the resolution of the conflict between privacy and expression interests which, it will suggest, is both normatively and structurally inadequate. [source] Gendering the Black Death: Women in Later Medieval EnglandGENDER & HISTORY, Issue 3 2000S. H. Rigby This review article of Mavis Mate's Daughters, Wives and Widows after the Black Death: Women in Sussex, 1350,1535 (1998) locates Mate's work within the broader context of the debate about changes in women's social position caused by the collapse in population following the Black Death. Was demographic decline accompanied by growing social and economic opportunities for women or should historians emphasise the continuity of female work as low-skilled, low-status and low-paid throughout the late medieval and early modern periods? How did women's role in the labour market affect the age of marriage, fertility rates and long-term population change? In general, Mate's conclusions offer support to the ,pessimists': women's work was vital to the household but economic centrality did not bring a commensurate social power or legal rights and the ideology of female subordination remained firmly in place. The main problem with Mate's case is, inevitably, a lack of evidence, for family structure, for the sexual division of labour and, above all, for affective relations. Nevertheless, this detailed, empirically based local study shows how successfully women's history has moved into the historical mainstream. [source] Psychiatric morbidity and people's experience of and response to social problems involving rightsHEALTH & SOCIAL CARE IN THE COMMUNITY, Issue 6 2010Nigel J. Balmer BSc PhD Abstract Psychiatric morbidity has been shown to be associated with the increased reporting of a range of social problems involving legal rights (,rights problems'). Using a validated measure of psychiatric morbidity, this paper explores the relationship between psychiatric morbidity and rights problems and discusses the implications for the delivery of health and legal services. New representative national survey data from the English and Welsh Civil and Social Justice Survey (CSJS) surveyed 3040 adults in 2007 to explore the relationship between GHQ-12 scores and the self reported incidence of and behaviour surrounding, rights problems. It was found that the prevalence of rights problems increased with psychiatric morbidity, as did the experience of multiple problems. It was also found the likelihood of inaction in the face of problems increased with psychiatric morbidity, while the likelihood of choosing to resolve problems without help decreased. Where advice was obtained, psychiatric morbidity was associated with a greater tendency to obtain a combination of ,legal' and ,general' support, rather than ,legal' advice alone. The results suggest that integrated and ,outreach' services are of particular importance to the effective support of those facing mental illness. [source] Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German ExperienceJOURNAL OF LAW AND SOCIETY, Issue 1 2003Matthias Kilian The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (which has led to commentators describing law as a ,leviathan'), to a vague ,fear of the unknown'. In Germany the principal barrier is thought to be the problem of funding legal services. Empirical research indicates that the question of whether or not to consult a lawyer is primarily one of cost, although over one,third of potential clients have little idea about lawyers' fees. To find ways to surmount this barrier is therefore of paramount importance for a modern society. In broad terms, there are three potential attitudes to legal costs: reliance on one's own resources; hope for third party assistance (such as legal aid or pro bono); and insurance. This article concentrates on the last of these three options, comparing, in particular, the systems in Germany and England and Wales. [source] Did Unilateral Divorce Laws Raise Divorce Rates in Western Europe?JOURNAL OF MARRIAGE AND FAMILY, Issue 3 2009Thorsten Kneip The increase in European divorce rates over the past decades was accompanied by several changes in divorce laws. Yet for European countries, research on the effects of divorce law on the divorce rate is scarce. Most of the existing studies are based on data from North America and provide numerous, but inconsistent, results. We use fixed-effects regression models to examine the impact of the introduction of unilateral divorce on the divorce rate in Western European countries. We find that de facto unilateral divorce practices led to a sustainable increase in the divorce rate, whereas legal rights to unilaterally divorce had no long-run effects. [source] "Jurisdictional Politics" in the Occupied West Bank: Territory, Community, and Economic Dependency in the Formation of Legal SubjectsLAW & SOCIAL INQUIRY, Issue 1 2006Tobias Kelly This article examines the distribution of legal rights in the Israeli occupied West Bank. It argues that legal rights are distributed through a "jurisdictional politics" that tries to stabilize the contingent relationship between political community, territory, and legal subjects. In particular, this jurisdictional politics seeks to delimit the contradictory boundaries of the Israeli state by creating distinct categories of person out of the populations that live and work in the region. These issues are addressed by examining a dispute concerning the jurisdiction of Israeli law over Palestinian workers in Israeli settlements in the West Bank. The article ends by arguing that in the context of multiple movements of people, capital, and military force, attention must be paid to the often contradictory ways in which jurisdictional regimes seek to produce particular types of citizens and subjects. [source] The Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer LawLAW & SOCIETY REVIEW, Issue 3 2009Shauhin A. Talesh This article demonstrates how the content and meaning of California's consumer protection laws were shaped by automobile manufacturers, the very group these laws were designed to regulate. My analysis draws on and links two literatures that examine the relationship between law and organizations but often overlook one another: political science studies of how businesses influence public legal institutions, and neo-institutional sociology studies of how organizations shape law within their organizational field. By integrating these literatures, I develop an "institutional-political" theory that demonstrates how organizations' construction of law and compliance within an organizational field shapes the meaning of law among legislators and judges. This study examines case law and more than 35 years of California legislative history concerning its consumer warranty laws. Using institutional and political analysis, I show how auto manufacturers, who were initially subject to powerful consumer protection laws, weakened the impact of these laws by creating dispute resolution venues. The legislature and courts subsequently incorporated private dispute resolution venues into statutes and court decisions and made consumer rights and remedies largely contingent on consumers first using manufacturer-sponsored venues. Organizational venue creation resulted in public legal rights being redefined and controlled by private organizations. [source] Employment Laws and the Public Sector Employer: Lessons to Be Learned from a Review of Lawsuits Filed against Local GovernmentsPUBLIC ADMINISTRATION REVIEW, Issue 1 2009P. Edward French Numerous aspects of the day-to-day operations of local governments are subject to legal scrutiny; public managers and officials must be keenly aware of the legal rights and protections that extend to both citizens and employees of local governments. This research evaluates several areas of concern in the human resource administration of municipal governments with respect to the management of public employees within the protections set forth by the legislative and judicial branches of the federal government. Sample cases filed from 2000 to 2007 against local governments in Tennessee involving Title VII violations, retaliation, hostile work environment, Family and Medical Leave Act violations, and other employee grievances are detailed. The intent of this analysis is to highlight many of the laws and legal principles that relate to municipal human resources management and to provide scholars and practitioners with a brief overview of the liabilities that may arise from the employment relationship between local governments and their employees. [source] The United Kingdom's Immunity from Seizure LegislationTHE MODERN LAW REVIEW, Issue 5 2009Anna O'Connell The UK's Department for Culture Media and Sport (DCMS) has introduced legislation to provide immunity from seizure for cultural objects on temporary loan from other countries to approved museums and galleries in the UK. The legislation is aimed at facilitating the cross-border lending of objects and bringing the UK into line with other countries such as the United States, France and Germany, that already afford such legal immunity. In the absence of immunity legislation in the UK, many museums and private lenders had been reluctant to loan their objects because of the risk that they might be seized by creditors seeking to settle financial disputes or by claimants contesting ownership of the works. This article examines whether the new law will be effective to provide museums and lenders with the protection they have been hoping for and asks whether it goes too far in depriving claimants of legal rights and remedies. [source] Front and Back Covers, Volume 26, Number 3.ANTHROPOLOGY TODAY, Issue 3 2010June 2010 Front cover caption, volume 26 issue 3 Front cover A Greenpeace activist dressed as Justice protests in front of the Japanese embassy in Buenos Aires. She draws attention to the trial of Toru Suzuki and Junichi Sato, two Greenpeace activists seeking to expose corruption in the Japanese whale meat industry, who are being prosecuted in the Japanese courts for theft and trespass, in a trial that has continued since 2008. Back in 1993, Arne Kalland analyzed the notable success of the Western environmental movement, Greenpeace in particular, in mobilizing public opinion against continued whaling in the northern hemisphere. The key to this success, Kalland argued, lay in the environmentalists' construction of the ,superwhale', an imaginary, mythic creation which displayed numerous positive qualities with which people could closely identify. Environmentalist thinking has now become intertwined with the discourse of animal rights, including the claim that whales are special to the extent that they are entitled to legal rights on a somewhat similar basis to human beings. In this image, the script on the dress, the Japanese emblem of the rising sun, the blindfold and the scales of justice unbalanced by Japanese-caught whale meat all work to signify that the Japanese are entirely out of step with such progressive ideas. In this issue, Adrian Peace argues that the conflicting attitudes of Japan and Australia to whales and on the practice of whaling stem from diverging cultural and historical factors , the most basic among which is that, whilst Australians construe whales as awesome mammals, the Japanese perceive them as mere fish. Back cover FOOTBALL IN AFRICA On 11 June 2010, all eyes will turn to Johannesburg, South Africa, for the start of the 19th FIFA World Cup. The month-long tournament is one of the world's biggest sporting events, and this year will involve 32 teams from all over the world, attracting a worldwide audience of over 3 billion people and involving commercial agreements worth more than US $21 billion. Significantly, this is also the first time the competition has been held on the African continent. On the eve of the tournament, Richard Vokes reflects on the history and meaning of ,the beautiful game' in Africa, on the basis of a case study from southwestern Uganda. Football was introduced to Uganda by early European missionaries, and later gained in popularity as a result of the patronage it received from first colonial, and later post-colonial, state enterprises. However, the game's current mass appeal is a more recent phenomenon, due in large part to the media reforms introduced in Uganda after 1986, and the advent of satellite broadcasting technology. Vokes examines the nature of this new fandom, and of the media environments which have generated it. He argues that whilst certain features of the current craze , in particular, its peculiar fascination for specifically English football , can be seen as an outcome of spectatorship, this does not mean that the phenomenon is superficial. On the contrary, the new interest in football in Uganda has frequently produced unexpected, and in some ways quite profound, social effects. In his editorial Keith Hart uses the occasion of the World Cup to reflect on South Africa's significance for the world, as both the most developed African nation and the chief victim of the HIV/AIDS epidemic. [source] | |||||||||||||