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Author: Maria L. Quintana Publisher: University of Pennsylvania Press ISBN: 0812298497 Category : History Languages : en Pages : 297
Book Description
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.
Author: Maria L. Quintana Publisher: University of Pennsylvania Press ISBN: 0812298497 Category : History Languages : en Pages : 297
Book Description
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.
Author: Maria Quintana Publisher: ISBN: Category : Languages : en Pages : 270
Book Description
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.
Author: Michael J. Trebilcock Publisher: Harvard University Press ISBN: 9780674534308 Category : Law Languages : en Pages : 326
Book Description
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?
Author: Richard A. Epstein Publisher: Routledge ISBN: 1135699658 Category : Law Languages : en Pages : 424
Book Description
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.
Author: F. H. Buckley Publisher: Duke University Press ISBN: 0822380129 Category : Law Languages : en Pages : 479
Book Description
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
Author: Harry N. Scheiber Publisher: ISBN: 9780804741910 Category : Contracts Languages : en Pages : 378
Book Description
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine.
Author: Maria L. Quintana
Author: Maria L. Quintana
Author: Samuel Williston
Author: Maria Quintana
Author: Michael J. Trebilcock
Author: Richard A. Epstein
Author: F. H. Buckley
Author: F. H. Buckley
Author: Harry N. Scheiber
Author: Richard Allen Epstein
Author: P. S. Atiyah