Ucla Law Review最新文献

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When a Worker's Cooperative Works: The Case of Kerala Dinesh Beedi 当一个工人合作社工作:喀拉拉邦迪内什·比迪的案例
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 2002-04-24 DOI: 10.2139/SSRN.308759
G. Gulati, T. Isaac, W. Klein
{"title":"When a Worker's Cooperative Works: The Case of Kerala Dinesh Beedi","authors":"G. Gulati, T. Isaac, W. Klein","doi":"10.2139/SSRN.308759","DOIUrl":"https://doi.org/10.2139/SSRN.308759","url":null,"abstract":"The literature on worker cooperatives is dominated by explanations of why they do not work and why, accordingly, they are so rare. This paper presents a case study of a large worker cooperative in South India that has worked well for a long time. This cooperative illustrates, among other things, that worker control and worker democracy are not necessarily inconsistent with the degree of hierarchy and delegation that may be essential to effective operation. The cooperative has been able to compete despite paying wages and benefits that are dramatically higher than those paid by its competitors, while at the same time providing far better working conditions. How it has been able to do this is something of a puzzle. Part of the explanation is good fortune at its inception in attracting effective, honest, and dedicated managers and, subsequently, in avoiding government involvement and in being able to ignore cumbersome and unsuitable legal rules. Perhaps more important is the workplace culture and the ability to harness forms of mutual monitoring not available to competitors. At the end of the day it is unclear how much of the success of the cooperative is a function of its cooperative nature and how much is a product of its unique circumstances. Still, the story of this enterprise offers useful lessons in the organization of economic activity, particularly in the importance of nonlegal mechanisms for maximizing individual cooperative productivity.","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2002-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68556232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 24
Closing Essay: Developing a Collective Memory to Imagine a Better Future 结束语:发展集体记忆以想象更美好的未来
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 2002-01-01 DOI: 10.2139/SSRN.337303
R. Chang
{"title":"Closing Essay: Developing a Collective Memory to Imagine a Better Future","authors":"R. Chang","doi":"10.2139/SSRN.337303","DOIUrl":"https://doi.org/10.2139/SSRN.337303","url":null,"abstract":"This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal and extralegal discrimination against Middle Easterners and South Asians, other previously marginalized groups may experience an apparent lessening of discrimination directed against them. The essay argues that this is illusory or temporary and that discrimination directed against one group ultimately reinforces the system of racial stratification and discrimination that harms all racial minorities.","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68589129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Lochner redeemed: family privacy after Troxel and Carhart. 洛克纳在特罗克塞尔和卡哈特之后挽回了家庭隐私。
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 2001-06-01
D D Meyer
{"title":"Lochner redeemed: family privacy after Troxel and Carhart.","authors":"D D Meyer","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>At least since its 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court has differentiated its review of abortion laws from its scrutiny of other intrusions on family privacy. Whereas abortion restrictions are reviewed under the middling \"undue burden\" standard, incursions on other family-related liberties, including marriage, kinship, and child rearing are said to be subject to the strict scrutiny ordinarily employed in the defense of fundamental rights. This Article contends that the Court's most recent decisions in this context give reason to reconsider both sides of that equation. Stenberg v. Carhart, striking down Nebraska's ban on \"partial-birth\" abortions, suggests that the Court's scrutiny in the abortion context will be more aggressive and rigid than most had supposed. At the same time, its decision in Troxel v. Granville, limiting states' authority to order grandparent visitation over the objects of a parent, suggest that there is more fluidity in the Court's review of other family liberties than is conventionally assumed. Together the cases signal a convergence in both sorts of family-privacy controversies toward a common standard of \"reasonableness.\" That standard bears, for many, an uncomfortable association with the much-maligned \"natural law-due process formula\" of the Lochner era, but Professor Meyer argues that it is precisely the right approach in the context of family privacy. Although more rigid doctrinal formulae are sometimes preferred on the ground that they constrain judicial judgment, here they are undesirable precisely because they obscure the value judgments that are inevitably at the core of every family-privacy decision.</p>","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2001-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25676128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unemployment Insurance and Wealth Redistribution 失业保险与财富再分配
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 2001-01-01 DOI: 10.2139/SSRN.264550
Gillian L. L. Lester
{"title":"Unemployment Insurance and Wealth Redistribution","authors":"Gillian L. L. Lester","doi":"10.2139/SSRN.264550","DOIUrl":"https://doi.org/10.2139/SSRN.264550","url":null,"abstract":"This Article evaluates the merit of liberalizing unemployment insurance eligibility as a means to achieve progressive wealth redistribution-an idea that has recently gained popularity among policymakers and legal scholars. UI provides temporary, partial wage replacement to workers who suffer unexpected job loss, but it tends to exclude workers who have unstable, low-wage jobs (such as temporary workers), or who quit or limit their work hours (e.g., to accommodate family demands). I argue that while redistribution to these workers is a desirable goal, expanding UI is a poor way to do it. First, UI benefits are triggered not by low income potential, but rather by the incidence of job loss (which affects both wealthy and poor workers). Second, a comprehensive and ethical program of support for families with caregiving needs would have design features and goals that diverge sharply from UI. Instead of unemployment insurance, I argue, other methods such as direct tax and transfer programs and comprehensive family assistance programs are superior ways to transfer wealth to poor workers and families with caregiving obligations.","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68238203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 20
Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights 神圣义务:跨文化正义与条约权利话语
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 2000-08-01 DOI: 10.4324/9781315252391-11
Rebecca A. Tsosie
{"title":"Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights","authors":"Rebecca A. Tsosie","doi":"10.4324/9781315252391-11","DOIUrl":"https://doi.org/10.4324/9781315252391-11","url":null,"abstract":"Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural rights of the distinct ethnic groups that were involuntarily incorporated through conquest. However, there are also important differences between the group claims. In particular, the discourse of treaty rights for Native American people highlights the political sovereignty of those groups and maintains a powerful connection to contemporary concepts of self-determination and group sovereignty. Professor Tsosie argues that contemporary mechanisms for achieving intercultural justice must correspond to the unique historical and political qualities of the particular intergroup relations, and thus, the structures used to achieve intercultural justice for American Indian groups may well be different than those used for Mexican Americans.","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2000-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70641079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
Autonomy, justice, and disability. 自主、公正和残疾。
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 2000-02-01
C A Ball
{"title":"Autonomy, justice, and disability.","authors":"C A Ball","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In this Article, Professor Carlos A. Ball explores the philosophical foundations for the types of rights and benefits that our society currently provides to individuals with disabilities. The concept of autonomy places on society a moral obligation to assist individuals with disabilities when their basic human functional capabilities are impaired. The exercise of this obligation entails assisting individuals with crossing a minimum threshold of functional capabilities below which it is not possible to lead autonomous lives. In making this argument, Professor Ball responds to libertarian critics who contend that notions of freedom or liberty proscribe an activist role for government in this arena. He explains how even a libertarian state redistributes wealth in order to provide for some incapacities. Professor Ball also disputes the idea that the meeting of the needs of the disabled is enough to provide moral justification for the rights and benefits provided to individuals with disabilities. The problem with the concept of needs, Professor Ball argues, is that it fails to account sufficiently for the human good of personal autonomy.</p>","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2000-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25676125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
RULES AND STANDARDS 规则和标准
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 1985-01-01 DOI: 10.1201/b13827-64
Pierre Schlag
{"title":"RULES AND STANDARDS","authors":"Pierre Schlag","doi":"10.1201/b13827-64","DOIUrl":"https://doi.org/10.1201/b13827-64","url":null,"abstract":"Every student of law has at some point encountered the “bright line rule” and the “flexible standard.” In one torts casebook, for instance, Oliver Wendell Holmes and Benjamin Cardozo find themselves on opposite sides of a railroad crossing dispute. They disagree about what standard of conduct should define the obligations of a driver who comes to an unguarded railroad crossing. Holmes offers a rule: The driver must stop and look. Cardozo rejects the rule and instead offers a standard: The driver must act with reasonable caution. Which is the preferable approach? Holmes suggests that the requirements of due care at railroad crossings are clear and, therefore, it is appropriate to crystallize these obligations into a simple rule of law. Cardozo counters with scenarios in which it would be neither wise nor prudent for a driver to stop and look. Holmes might well have answered that Cardozo’s scenarios are exceptions and that exceptions prove the rule. Indeed, Holmes might have parried by suggesting that the definition of a standard of conduct by means of a legal rule is predictable and certain, whereas standards and juries are not. This dispute could go on for quite some time.","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"1985-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"65980905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 145
The Copyright Royalty Tribunal. 版权版税审裁处。
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 1977-01-01 DOI: 10.1515/9783112326688-013
E. Brylawski
{"title":"The Copyright Royalty Tribunal.","authors":"E. Brylawski","doi":"10.1515/9783112326688-013","DOIUrl":"https://doi.org/10.1515/9783112326688-013","url":null,"abstract":"","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"1977-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67057792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judicial Power, the “Political Question Doctrine,” and Foreign Relations 司法权力、“政治问题主义”与外交关系
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 1970-01-01 DOI: 10.1515/9781400868247-035
Michael E. Tigar
{"title":"Judicial Power, the “Political Question Doctrine,” and Foreign Relations","authors":"Michael E. Tigar","doi":"10.1515/9781400868247-035","DOIUrl":"https://doi.org/10.1515/9781400868247-035","url":null,"abstract":"","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"1970-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/9781400868247-035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66836025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
Ethical issues in biological engineering. 生物工程中的伦理问题。
IF 2.4 1区 社会学
Ucla Law Review Pub Date : 1968-02-01
M P Golding
{"title":"Ethical issues in biological engineering.","authors":"M P Golding","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"1968-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25636666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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