The Unmaking of Special Rights


Book Description

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In light of the many significant recent changes to the global order, The Unmaking of Special Rights explores an often-forgotten aspect of this arrangement: special rights for developing countries. This book analyzes when and how special rights for developing countries have evolved in the context of global power shifts.




Making and Unmaking Intellectual Property


Book Description

Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.




Lawyers Beyond Borders


Book Description

Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.




Unmaking the Public University


Book Description

An essential American dream—equal access to higher education—was becoming a reality with the GI Bill and civil rights movements after World War II. But this vital American promise has been broken. Christopher Newfield argues that the financial and political crises of public universities are not the result of economic downturns or of ultimately valuable restructuring, but of a conservative campaign to end public education’s democratizing influence on American society. Unmaking the Public University is the story of how conservatives have maligned and restructured public universities, deceiving the public to serve their own ends. It is a deep and revealing analysis that is long overdue. Newfield carefully describes how this campaign operated, using extensive research into public university archives. He launches the story with the expansive vision of an equitable and creative America that emerged from the post-war boom in college access, and traces the gradual emergence of the anti-egalitarian “corporate university,” practices that ranged from racial policies to research budgeting. Newfield shows that the culture wars have actually been an economic war that a conservative coalition in business, government, and academia have waged on that economically necessary but often independent group, the college-educated middle class. Newfield’s research exposes the crucial fact that the culture wars have functioned as a kind of neutron bomb, one that pulverizes the social and culture claims of college grads while leaving their technical expertise untouched. Unmaking the Public University incisively sets the record straight, describing a forty-year economic war waged on the college-educated public, and awakening us to a vision of social development shared by scientists and humanists alike.




Conviction


Book Description

Exposing ethical dilemmas of neuroscientific research on violence, this book warns against a dystopian future in which behavior is narrowly defined in relation to our biological makeup. Biological explanations for violence have existed for centuries, as has criticism of this kind of deterministic science, haunted by a long history of horrific abuse. Yet, this program has endured because of, and not despite, its notorious legacy. Today's scientists are well beyond the nature versus nurture debate. Instead, they contend that scientific progress has led to a nature and nurture, biological and social, stance that allows it to avoid the pitfalls of the past. In Conviction Oliver Rollins cautions against this optimism, arguing that the way these categories are imagined belies a dangerous continuity between past and present. The late 1980s ushered in a wave of techno-scientific advancements in the genetic and brain sciences. Rollins focuses on an often-ignored strand of research, the neuroscience of violence, which he argues became a key player in the larger conversation about the biological origins of criminal, violent behavior. Using powerful technologies, neuroscientists have rationalized an idea of the violent brain—or a brain that bears the marks of predisposition toward "dangerousness." Drawing on extensive analysis of neurobiological research, interviews with neuroscientists, and participant observation, Rollins finds that this construct of the brain is ill-equipped to deal with the complexities and contradictions of the social world, much less the ethical implications of informing treatment based on such simplified definitions. Rollins warns of the potentially devastating effects of a science that promises to "predict" criminals before the crime is committed, in a world that already understands violence largely through a politic of inequality.




Un-Making Law


Book Description

There is an undercover war going on in America that impacts everyone's life far more than the legal issues that typically grab the headlines. The conservative movement has been systematically turning back a century's worth of the evolving gains and protections found in the common law-the areas of law that affect the everyday activities of ordinary people. Throughout the twentieth century, contract, property, and personal injury law evolved to take more account of social conditions and the needs of consumers, workers, and less powerful members of American society. Contracts were interpreted in light of common sense, property ownership was subjected to reasonable-use provisions to protect the environment, and consumers were protected against dangerous products. But all that is changing. Conservatives have a clear agenda to turn back the clock on the common law to maximize the profits of big business. Some significant inroads have already been made to protect gun manufacturers from lawsuits, enforce form contracts that prevent employees from suing for discrimination, and hamper the government's protection of the environment against aggressive development, for example. More rollbacks are on the horizon. Although this aspect of the conservative agenda is not as visible as assaults on abortion rights and civil liberties, it may ultimately have even greater impact on our society. Jay M. Feinman's book is an accessible, eye-opening primer, full of vivid examples and case histories-from victims of medical malpractice who cannot recover damages to people who relinquish their right to sue by applying for a job. If you subscribe to any of these common myths of twenty-first-century America, you will find surprising facts and illuminating analysis in Un-Making Law: The "All-American Blame Game" has corrupted our moral fiber-everyone is looking for a scapegoat to sue whenever anything goes wrong. Malpractice lawsuits have gone sky-high in recent years, forcing insurance companies reluctantly to raise rates and forcing doctors out of practice. Consumers and employees agree to arbitration because it is a much simpler, less expensive, and fairer way to resolve contract disputes. The government invades the rights of private property owners when it protects endangered species and regulates land development.




Modernity and the Unmaking of Men


Book Description

Responding to the renewed emphasis on the significance of village studies, this book focuses on aging bachelorhood as a site of intolerable angst when faced with rural depopulation and social precarity. Based on ongoing ethnographic fieldwork in contemporary Macedonian society, the book explores the intersections between modernity, kinship and gender. It argues that as a critical consequence of demographic rupture, changing values and societal shifts, aging bachelorhood illuminates and challenges conceptualizations of performativity and social presence.




The Book of Woe


Book Description

“Gary Greenberg has become the Dante of our psychiatric age, and the DSM-5 is his Inferno.” —Errol Morris Since its debut in 1952, the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders has set down the “official” view on what constitutes mental illness. Homosexuality, for instance, was a mental illness until 1973. Each revision has created controversy, but the DSM-5 has taken fire for encouraging doctors to diagnose more illnesses—and to prescribe sometimes unnecessary or harmful medications. Respected author and practicing psychotherapist Gary Greenberg embedded himself in the war that broke out over the fifth edition, and returned with an unsettling tale. Exposing the deeply flawed process behind the DSM-5’s compilation, The Book of Woe reveals how the manual turns suffering into a commodity—and made the APA its own biggest beneficiary.




Making and Unmaking Nations


Book Description

Winner of the Grawmeyer Award for Ideas Improving World Order, 2018 Winner of the Joseph Lepgold Prize Winner of the Best Books in Conflict Studies (APSA) Winner of the Best Book in Human Rights (ISA) In Making and Unmaking Nations, Scott Straus seeks to explain why and how genocide takes place—and, perhaps more important, how it has been avoided in places where it may have seemed likely or even inevitable. To solve that puzzle, he examines postcolonial Africa, analyzing countries in which genocide occurred and where it could have but did not. Why have there not been other Rwandas? Straus finds that deep-rooted ideologies—how leaders make their nations—shape strategies of violence and are central to what leads to or away from genocide. Other critical factors include the dynamics of war, the role of restraint, and the interaction between national and local actors in the staging of campaigns of large-scale violence. Grounded in Straus's extensive fieldwork in contemporary Africa, the study of major twentieth-century cases of genocide, and the literature on genocide and political violence, Making and Unmaking Nations centers on cogent analyses of three nongenocide cases (Côte d'Ivoire, Mali, and Senegal) and two in which genocide took place (Rwanda and Sudan). Straus's empirical analysis is based in part on an original database of presidential speeches from 1960 to 2005. The book also includes a broad-gauge analysis of all major cases of large-scale violence in Africa since decolonization. Straus's insights into the causes of genocide will inform the study of political violence as well as giving policymakers and nongovernmental organizations valuable tools for the future.




The Legal Limits of Direct Democracy


Book Description

With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.