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Articles 1 - 27 of 27
Full-Text Articles in Law and Society
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Manoj S. Mate
Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia
Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia
Ahmed E SOUAIAIA
The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.
In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …
Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam
Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam
giancarlo anello
For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they have been ignored in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Abbas Mahmud ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements
Solidarity Forever: An Idea And Its Roots In Catholic Social Thought, Thomas Kohler
Solidarity Forever: An Idea And Its Roots In Catholic Social Thought, Thomas Kohler
Thomas C. Kohler
Roots of the idea of solidarity in Catholic Social Thought--and its political, economic, legal, implications
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Paulo Barrozo
Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction, Part …
Modern Man, Thomas Kohler
The Regulation Of Medical Malpractice In Japan, Robert Leflar
The Regulation Of Medical Malpractice In Japan, Robert Leflar
Robert B Leflar
How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler
Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Body And Soul, Thomas Kohler
Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler
Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
Thomas C. Kohler
"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …
Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler
Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman
The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman
Thomas C. Kohler
In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …
National Labor Relations Act, Thomas Kohler
Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler
Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler
Thomas C. Kohler
No abstract provided.
Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner
Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner
Thomas C. Kohler
According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …
The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler
The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler
Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler
The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler
Thomas C. Kohler
While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.
Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas Kohler
Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Overlooked Middle, Thomas Kohler
The Overlooked Middle, Thomas Kohler
Thomas C. Kohler
In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.
The author posits, therefore, that there is a pronounced tendency to overlook …
In Praise Of Little Platoons, Thomas Kohler
Quadragesimo Anno, Thomas Kohler
Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler
Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman
The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman
Thomas C. Kohler
No abstract provided.