Reimagines photography through the long history of ideas of expression The end of the nineteenth century saw massive developments and innovations in photography at a time when the forces of Western modernity—industrialization, racialization, and capitalism—were quickly reshaping the world. The Unintended slows down the moment in which the technology of photography seemed to speed itself—and so the history of racial capitalism—up. It follows the substantial shifts in the markets, mediums, and forms of photography during a legally murky period at the end of the nineteenth century. Monica Huerta traces the subtle and paradoxical ways legal thinking through photographic lenses reinscribed a particular aesthetics of whiteness in the very conceptions of property ownership. The book pulls together an archive that encompasses the histories of performance and portraiture alongside the legal, pursuing the logics by which property rights involving photographs are affirmed (or denied) in precedent-setting court cases and legal texts. Emphasizing the making of “expression” into property to focus our attention on the failures of control that cameras do not invent, but rather put new emphasis on, this book argues that designations of control’s absence are central to the practice and idea of property-making. The Unintended proposes that tracking and analyzing the sensed horizons of intention, control, autonomy, will, and volition offers another way into understanding how white supremacy functions. Ultimately, its unique historical reading practice offers a historically-specific vantage on the everyday workings of racial capitalism and the inheritances of white supremacy that structure so much of our lives.

Penpoints, Gunpoints, and Dreams explores the relationship between art and political power in society, taking as its starting point the experience of writers in contemporary Africa, where they are often seen as the enemy of the postcolonial state. This study, in turn, raises the wider issues of the relationship between the state of art and the art of the state, particularly in their struggle for the control of performance space in territorial, temporal, social, and even psychic contexts. Kenyan writer, Ngugi wa Thiong'o, calls for the alliance of art and people power, freedom and dignity against the encroachments of modern states. Art, he argues, needs to be active, engaged, insistent on being what it has always been, the embodiment of dreams for a truly human world.

Although there is no universally accepted definition of the term "land grabbing", ordinary people whose livelihoods are adversely affected by land grabbing know exactly what it is. It involves the physical capture and control of land and homes, including the usurpation of the power to decide how and when these will be used and for what purposes - with little or no prior consultation or compensation to the displaced communities. This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries, researched and written by country-specific legal scholars. The book provides unique perspectives on how and why land grabbing is practised in China, India, Pakistan, Cambodia, Malaysia, Myanmar and Indonesia, and explores the surprising role that law plays in facilitating and legitimizing land grabs in each country. In contrast to most of the literature which law focuses on foreign investors' rights under international law, here the focus is on domestic laws and legal infrastructures. Finding that Asian States need to move beyond existing regimes that govern land to a regime that encourages more equitable land rights allocation and protection of stakeholders' rights, the book urges further research in the nexus between the use of law to facilitate development. Land Grabs in Asia is the first book to explore land grabbing in multiple jurisdictions in Asia. As such, it will appeal to students and scholars of law and development, law and society, and international relations, as well as being essential reading for development policy-makers and government ministers.

The information revolution has ushered in a data-driven reorganization of the workplace. Big data and AI are used to surveil workers and shift risk. Workplace wellness programs appraise our health. Personality job tests calibrate our mental state. The monitoring of social media and surveillance of the workplace measure our social behavior. With rich historical sources and contemporary examples, The Quantified Worker explores how the workforce science of today goes far beyond increasing efficiency and threatens to erase individual personhood. With exhaustive detail, Ifeoma Ajunwa shows how different forms of worker quantification are enabled, facilitated, and driven by technological advances. Timely and eye-opening, The Quantified Worker advocates for changes in the law that will mitigate the ill effects of the modern workplace.

This text brings together eleven important pieces by Merry Wiesner, several of them previously unpublished, on three major areas in the study of women and gender in early modern Germany: religion, law and work. The final chapter, specially written for this volume addresses three fundamental questions: "Did women have a Reformation?"; "What effects did the development of capitalism have on women?"; and "Do the concepts 'Renaissance' and 'Early Modern' apply to women's experience?" The book concludes with an extensive bibliographical essay exploring both English and German scholarship.

This book analyzes how people settle disputes in and outside of Polish courts. The preference for courts against informal settlements increased with the consolidation of the democratic legal state. Still, the compromise settlement remains the cultural ideal. The authors evaluate these circumstances in their extensive study of private disputes in the courts and of different types of individual settlements. They observed that the role of power behind these choices proved to be significant as people in better social positions are more inclined to use the courts and in worse social positions more inclined to deal informally with opponents in power. The ethnic factor surveyed in other former Communist countries is also related to the relative power of the different ethnic groups. The book investigates how institutional, social and cultural factors interact in shaping the dispute settlement patterns.

Explore M&A, in simple terms Mergers & Acquisitions For Dummies provides useful techniques and real-world advice for anyone involved with – or thinking of becoming involved with – transactional work. Whether you are a transactions pro, a service provider tangentially involved in transactions, or a student thinking of becoming an investment banker, this book will provide the insights and knowledge that will help you become successful. Business owners and executives will also find this book helpful, not only when they want to buy or sell a company, but if they want to learn more about what improves a company’s value. The evaluation process used by M&A professionals to transact a business sale is often quite different from the processes used by owners and executives to manage those businesses. In plain English terms that anyone can understand, this book details the step-by-step M&A process, describes different types of transactions, demonstrates various ways to structure a deal, defines methods to identify and contact targets, provides insights on how to finance transactions, reveals what helps and hurts a company’s valuation, offers negotiating tips, explains how to perform due diligence, analyzes the purchase agreement, and discloses methods to help ensure the combined companies are successfully integrated. If you’re getting involved with a merger or an acquisition, this book will help you gain a thorough understanding of what the heck is going on. Updates to this second edition include quality of earnings reports, representation and warranty insurance, how to hire investment bankers, changes to the offering documents, the rise of family offices, and the ubiquity of adjusted EBITDA (earnings before interest, tax, depreciation, and amortization) as a basis for valuation. Understand the merger and acquisition process in a simple, easy-to-understand manner Learn the nomenclature and terminology needed to talk and act like a player Determine how to hire the people who will help you conduct M&A deals Discover tips on how to successfully negotiate transactions Mergers & Acquisitions For Dummies is a great choice for business owners and executives, students, service providers, and anyone interested in M&A transactions.

This interdisciplinary book of essays addresses critical issues arising from the emergence of legal institutions in contemporary China. One section of the book focuses on the legal process: how law is mobilized by ordinary people to redress injustice, the role of legal culture, the extent to which citizens can sue state officials, and how disputes involving workers and veterans are settled. A second set of papers explores specific legal institutions, such as the security apparatus, labor reeducation camps, and rules that punish infringement of intellectual property rights. Almost all the contributors are social scientists who have recently engaged in field research in China. The introduction by the editors and the individual chapters attempt, for the first time, to bring to bear on the study of Chinese law the law-and-society scholarship that has enriched Western legal studies in recent years.

Conceived during the turbulent period of the late 1960s when 'rights talk' was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal-historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present.

Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees' constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.

Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality. Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood", and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times—and what such migrant crossings mean for subjects who experience violence during or after their crossing.

Born and bred into the tawny magnificence of Africa, Saul would fight to save the vanishing world of his inheritance. Home of the wild elephants and the fiercely independent families of woodcutters, the Knysna forest is under threat from the exploitative greed of the timber merchants, and the ruthless plundering of the ivory hunters. Saul Barnard is a man with a self imposed mission - to halt the wanton destruction. For years he has protected the forest from intruders, finding a strange mystical kinship with the spirit of Old Foot, the indomitable and majestic elephant. Then when the word goes round that Old Foot is on the rampage, Saul is propelled towards a terrible confrontation that will change his future, for ever.

Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

The first anthology to collect essays focusing on the legal rights of women of color around the world Global Critical Race Feminism is the first anthology to focus explicitly on the legal rights of women of color around the world. Containing nearly thirty essays, the book addresses such topical themes as responses to white feminism; the flashpoint issue of female genital mutilation; the intersections of international law with U.S. law; "Third World" women in the "First World;" violence against women; and the global workplace. Broadly representative, the reader addresses the role and status-legal and otherwise-of women in such countries as Cuba, New Zealand, France, Serbia, Nicaragua, Colombia, South Africa, Japan, China, Australia, Ghana, and many others. Authors include: Aziza al-Hibri, Penelope Andrews, Taimie Bryant, Devon Carbado, Mai Chen, Brenda Cossman, Lisa Crooms, Mary Dudziak, Isabelle Gunning, Anna Han, Berta Hernandez, Laura Ho, Sharon Hom, Rosemary King, Kiyoko Knapp, Hope Lewis, Martha Morgan, Zorica Mrsevic, Vasuki Nesiah, Leslye Obiora, Gaby Ore-Aguilar, Catherine Powell, Jenny Rivera, Celina Romany, Judy Scales-Trent, Antoinette Sedillo Lopez, J. Clay Smith, and Leti Volpp.

Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.
The book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code's intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.
Part One covers the revising of the Qing code and the drafting of new codes, especially the Civil Code of 1929-30, the major institutional changes that preceded the promulgation of new laws, and the organizing principles of those laws. Part Two, the main body of the text, uses case records from both the Qing and the Republic to examine certain topics that engendered frequent litigation: conditional sales of land, topsoil ownership, debt, old-age support, and women's choices in marriage, divorce, and illicit sex.
The book demonstrates the contrasting logics of Qing and Republican law: of privileges granted by the absolutist ruler versus rights independent of the will of the ruler, of a survival ethic versus a capitalist one, of patrifamilial property versus individual property, of reciprocal parent-child support versus unidirectional support, and of partial and limited choice for women versus independent agency. The book shows, however, that in actual practice the new legal systems made many accommodations to traditional customs, thus making major concessions to social realities while still holding to radically different principles.
The author demonstrates the inadequacies of a simple contrast between the Chinese legal tradition and modernity, or between China and the West. He argues instead for paying attention to the local knowledge of modernization and to the logics not only of the codes but also of customs and court actions. He shows, finally, the importance of both systemic structure and individual choice for this social and cultural study of Chinese law.

Public Health Law in Practice offers an accessible deep dive into public health law for public health students and practitioners with or without a legal background. It provides a detailed overview of the American legal system with clear explanation of the government's abilities and limitations to promote public health through policies and programs. Chapters further describe the influence of law by subject, with excerpts from real legal cases across topical areas like tobacco, firearms, reproductive health, and nutrition policies. The volume concludes with practical strategies for legislation drafting and coalition building with government and community groups. Enriched with insights into the inner workings of public health departments, Public Health Law in Practice is the crucial public health law textbook that prepares public health students for work in the field of public health outside the classroom.

This is the first volume in a complete history of the documentation of English cant and slang from 1567 to the present. It gives unparalleled insights into the early history of slang, the people who used it, and how and why it was recorded. Well over a hundred glossaries of cant and slang were published between 1567 and 1784. The cant lists reveal the secret language allegedly used by thieves and beggars to conceal their illicit conspiracies: Dr Coleman investigates where and how they were produced and the relationship between such lists and canting literature. She considers why this period was so fascinated by crime and by criminals, and apparently so obsessed with the need to record their language. How far, she asks, are the lists genuine records of contemporary cant, and how far the products of literary invention? Who produced them, and how were they researched? Who bought them, and what did they hope to gain from them? This absorbing and astute book will be an invaluable resource for anyone interested in English slang and its history. It also provides unusual and unexpected insights into the underworlds of early modern England.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant's theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

This edited collection offers a critical overview of the major debates in legal education set in the context of the Lord Upjohn Lectures, the annual event that draws together legal educators and professionals in the United Kingdom to consider the major debates and changes in the field. Presented in a unique format that reproduces classic lectures alongside contemporary responses from legal education experts, this book offers both an historical overview of how these debates have developed and an up-to-date critical commentary on the state of legal education today. As the full impact of the introduction of university fees, the Legal Education and Training Review and the regulators' responses are felt in law departments across England and Wales, this collection offers a timely reflection on legal education's legacy, as well as critical debate on how it will develop in the future.

Is drug addiction a disease that can be treated, or is it a crime that should be punished? In her probing study, Illness or Deviance?, Jennifer Murphy investigates the various perspectives on addiction, and how society has myriad ways of handling it—incarcerating some drug users while putting others in treatment. Illness or Deviance? highlights the confusion and contradictions about labeling addiction. Murphy’s fieldwork in a drug court and an outpatient drug treatment facility yields fascinating insights, such as how courts and treatment centers both enforce the “disease” label of addiction, yet their management tactics overlap treatment with “therapeutic punishment.” The “addict" label is a result not just of using drugs, but also of being a part of the drug lifestyle, by selling drugs. In addition, Murphy observes that drug courts and treatment facilities benefit economically from their cooperation, creating a very powerful institutional arrangement. Murphy contextualizes her findings within theories of medical sociology as well as criminology to identify the policy implications of a medicalized view of addiction.

"Powerful."
"--Mary Frances Berry, Journal of American History"

"A painstakingly researched, scientific, psychological, sociocultural, and constitutional history of race. The Smart Culture is one of our generation's most powerful indictments of insidious racism and meritocracies."
"--The Law and Politics Book Review"

"A passionate attack on pervasive American cultural assumptions of natural inequality. The book provides a fine history of antiblack discrimination and of the racist and nativist bases of the developers of standardized intelligence tests."
"--Choice"

What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test?

Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences.

What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a naturalintellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it.

With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

Why are migration policies sometimes heavily contested and high on the political agenda? And why do they, at other moments and in other countries, hardly lead to much public debate? The entrance and settlement of migrants in Western Europe has prompted various political reactions. In some countries anti-immigration parties have gained substantial public support while in others migration policies have been hardly controversial. The Politicisation of Migration examines the differences between seven Western European countries by developing a conceptual framework to empirically explain patterns of politicisation and de-politicisation. The analyses show that over the past decade immigration has been increasingly defined in socio-cultural terms and that it has been receiving less political attention since the economic crisis started in 2007. This book also looks at the role of mainstream parties and political actors in the process of politicisation, and demonstrates how the role of 'challengers' is more limited than often assumed. Contributing to literatures on migration, party politics and agenda-setting, the book will be of interest to students and scholars in the fields of politics and migration studies.

In 2009 the US House of Representatives passed legislation requiring reductions in greenhouse gas emissions by 18 percent over the coming decade. Later that year, President Obama went to Copenhagen to sign a treaty requiring reductions by 50 percent over a two-decade period. The President came back with nothing: no firm commitment to reduce emissions and only a vague target to hold global temperature rises to under 2 C. How does a President who has a 75-vote majority in the House and a 19-vote majority in the Senate who has pre-approval for a treaty reducing greenhouse gas production by 18 percent not achieve a treaty with at least the minimum goal of 18 percent reductions by 2020?Others have answered the puzzle by looking at institutional designs or negotiation dynamics. This book articulates a multilevel process that starts with local politics to explain how they can influence international negotiations and why President Obama s efforts in Copenhagen were doomed to fail. Understanding the role of local private interests can help form strategies for overcoming national resistance to climate change legislation and ultimately international agreements that could change the environmentally self-destructive course we are on.