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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.
Book Synopsis Contracting Freedom by : Maria L. Quintana
Download or read book Contracting Freedom written by Maria L. Quintana and published by University of Pennsylvania Press. This book was released on 2022-05-10 with total page 297 pages. 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.
Book Synopsis Freedom of Contract by : Samuel Williston
Download or read book Freedom of Contract written by Samuel Williston and published by . This book was released on 1921 with total page 24 pages. 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.
Book Synopsis Contracting Freedom by : Maria Quintana
Download or read book Contracting Freedom written by Maria Quintana and published by . This book was released on 2016 with total page 270 pages. 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.
First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Book Synopsis Contract - Freedom and Restraint by : Richard A. Epstein
Download or read book Contract - Freedom and Restraint written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
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.
Book Synopsis Boilerplate by : Margaret Jane Radin
Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. 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.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Contracts, the foundation of economic activity, are both vital and misunderstood. This book corrects the misunderstandings through a series of engaging stories involving such diverse individuals as Martin Luther King, Maya Angelou, Clive Cussler, Lady Gaga and Donald Trump. Capturing the essentials of this subject, the book explores recurring issues people face in contracting. It shows how age-old precedents and wisdom still apply today and how contract law's inherent dynamism cautions against exuberant reforms. The book will appeal to the general reader and specialists in the field alike, and to both teachers and students of contracts.
Book Synopsis Contracts in the Real World by : Lawrence A. Cunningham
Download or read book Contracts in the Real World written by Lawrence A. Cunningham and published by Cambridge University Press. This book was released on 2012-04-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts, the foundation of economic activity, are both vital and misunderstood. This book corrects the misunderstandings through a series of engaging stories involving such diverse individuals as Martin Luther King, Maya Angelou, Clive Cussler, Lady Gaga and Donald Trump. Capturing the essentials of this subject, the book explores recurring issues people face in contracting. It shows how age-old precedents and wisdom still apply today and how contract law's inherent dynamism cautions against exuberant reforms. The book will appeal to the general reader and specialists in the field alike, and to both teachers and students of contracts.
Book Synopsis Contract--freedom and Restraint by : Richard Allen Epstein
Download or read book Contract--freedom and Restraint written by Richard Allen Epstein and published by Taylor & Francis US. This book was released on 2000 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fall and Rise of Freedom of Contract by : F. H. Buckley
Download or read book Fall and Rise of Freedom of Contract written by F. H. Buckley and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock
Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley
Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock