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Full-Text Articles in Law

The Neoliberal Governance Of Global Labor Mobility: Migrant Workers And The New Constitutional Moments Of Primitive Accumulation, Hironori Onuki Jan 2016

The Neoliberal Governance Of Global Labor Mobility: Migrant Workers And The New Constitutional Moments Of Primitive Accumulation, Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers (Archive)

One feature of the ''age of migration'' in which we live has been an increasing movement of labor from the Global South to the North, mainly in ''low-skill'' and low-wage jobs. This article examines how far and in what ways contemporary capital-driven migration-related policies in labor-receiving and labor-sending states have shaped the subjectivity of transnational migrant workers and their positioning in host societies. It does so through the notion of new constitutional moments of primitive accumulation that designates the production of social spaces for the commodification of labor through the implementation of specific migration policies by labor-receiving states in the …


The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki Jan 2016

The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …


Academic Critique Of Neoliberal Academia, Andrew M. Whelan Jan 2015

Academic Critique Of Neoliberal Academia, Andrew M. Whelan

Faculty of Law, Humanities and the Arts - Papers (Archive)

Academic texts running critiques of neoliberal capitalism do work: positioning and producing their authors, hailing and invoking their readers (particularly as subjects invested in the moral logic the critique establishes), and thereby, articulating and moralising the collaborative accomplishment of the reader-writer relation. This relation and its constitution is a feature of contemporary leftist academic culture, and of the mechanics of critique as a social or 'solidarising' form of writing/reading. Attending closely to it highlights some vulnerabilities of the academic critique of neoliberal forms of life, and can illuminate the extent to which this critique constitutes its object in problematic ways: …


Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey Jan 2003

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …