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Full-Text Articles in Law
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
Dave De ruysscher
Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets …
Contract And Dispossession, Deborah W. Post
Contract And Dispossession, Deborah W. Post
Deborah W. Post
This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory. There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, …
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in …
The Birth Of The Sperm Bank, Kara Swanson