Staking Claim

Staking Claim PDF

Author: Judy Rohrer

Publisher: University of Arizona Press

Published: 2016-05-28

Total Pages: 240

ISBN-13: 081650251X

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Staking Claim analyzes Hawai'i at the crossroads of competing claims for identity, belonging, and political status. Judy Rohrer argues that the dual settler colonial processes of racializing native Hawaiians (erasing their indigeneity), and indigenizing non-Hawaiians, enable the staking of non-Hawaiian claims to Hawai'i.

Rules of the Road

Rules of the Road PDF

Author: Henry Seaton

Publisher:

Published: 2016-10-10

Total Pages: 308

ISBN-13: 9780692782019

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Written primarily for the owners and managers of trucking companies and freight brokers, Rules of the Road addresses best practices in contracting and day-to-day business relationships in order to steer clear of potentially catastrophic legal pitfalls. The book helps managers avoid serious problems with freight and owner-operator contracts, insurance policies, factoring agreements, freight charge collections, cargo claims and customer bankruptcies. In addition, Rules of the Road addresses special legal issues involving intermodal drayage, warehousing and refrigerated transportation. In addition to the primary text, the book includes useful supplementary resources such as the Standard Truckload Bill of Lading; simple carrier-shipper and carrier-broker contracts; an outline of items to include in carrier service terms and conditions; a comprehensive list of statutory and regulatory citations; and an extensive glossary of terms.

Precarious Claims

Precarious Claims PDF

Author: Shannon Gleeson

Publisher: Univ of California Press

Published: 2016-09-30

Total Pages: 190

ISBN-13: 0520963601

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A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program for monographs. Visit www.luminosoa.org to learn more. Precarious Claims tells the human story behind the bureaucratic process of fighting for justice in the U.S. workplace. The global economy has fueled vast concentrations of wealth that have driven a demand for cheap and flexible labor. Workplace violations such as wage theft, unsafe work environments, and discrimination are widespread in low-wage industries such as retail, restaurants, hospitality, and domestic work, where jobs are often held by immigrants and other vulnerable workers. How and why do these workers, despite enormous barriers, come forward to seek justice, and what happens once they do? Based on extensive fieldwork in Northern California, Gleeson investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections. The author also tracks how workplace injustices—and the arduous process of contesting them—carry long-term effects on their everyday lives. Workers sometimes win, but their chances are precarious at best.

Litigating Fiduciary Duty Claims

Litigating Fiduciary Duty Claims PDF

Author: Jason R. Domark

Publisher:

Published: 2022

Total Pages:

ISBN-13: 9781641059985

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"This book is a practical guide for lawyers who are either beginning a fiduciary litigation practice or who are handling a fiduciary duty case in an unfamiliar area"--

A Guide to the Federal Tort Claims Act

A Guide to the Federal Tort Claims Act PDF

Author: Paul Figley

Publisher: American Bar Association

Published: 2018

Total Pages: 0

ISBN-13: 9781641052917

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This practical guide provides a simplified, easy to read concise overview of the Federal Tort Claims Act (FTCA) and its jurisprudence. It is useful to attorneys or law-trained readers who are new to the FTCA and its procedures or have had limited recent dealings with the statute. It also provides a ready reference for readers of all levels who are about to begin detailed research on particular FTCA issues.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Sacred Claims

Sacred Claims PDF

Author: Greg Johnson

Publisher: University of Virginia Press

Published: 2007

Total Pages: 210

ISBN-13: 9780813926612

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The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 provides a legal framework within which Native Americans can seek the repatriation of human remains and certain categories of cultural objects--including "sacred objects"--from federally funded institutions. Although the repatriation movement among Native Americans has heretofore received scholarly attention specifically focused on this act, Sacred Claims is the first book to analyze the ways in which religious discourse is used to articulate repatriation claims. Greg Johnson takes this act as one instance in a larger context wherein native peoples around the globe must engage legal arenas in order to preserve their heritage. Methodologically, Sacred Claims is based on a close reading of government documents concerning the law and participant observation in a variety of NAGPRA-related events and provides the background and legislative history of the law, the life history of the act's axial term cultural affiliation (the most delicate and least understood aspect of NAGPRA), and several case studies of highly visible and contentious Hawaiian repatriation disputes. Johnson then moves beyond the strictly legal context to analyze NAGPRA discourse in the public realm. He concludes by way of a theoretical treatment of the foregoing issues, arguing that religious language was the chief means by which native representatives ultimately persuaded non-native audiences of the applicability of widely-held human rights principles to their cultural remains. Theorizing modes of cultural vitality in the repatriation context, Johnson argues that living tradition is not found in the objects themselves but is instead located in struggles over them. With the law on the brink of receiving crucial tests, and repatriation issues making daily headlines in Native American and Hawaiian news, Sacred Claims is a timely and necessary examination of these issues.

Antigone's Claim

Antigone's Claim PDF

Author: Judith Butler

Publisher: Columbia University Press

Published: 2002-05-23

Total Pages: 118

ISBN-13: 0231518048

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The celebrated author of Gender Trouble here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship—and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's Oedipus, has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that she opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone—the "postoedipal" subject—rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be.

Delay, Deny, Defend

Delay, Deny, Defend PDF

Author: Jay M. Feinman

Publisher: Penguin

Published: 2010-03-18

Total Pages: 241

ISBN-13: 1101196289

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An expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.

The Bankruptcy Claims Handbook

The Bankruptcy Claims Handbook PDF

Author: American Bar Association. Business Bankruptcy Committee

Publisher: American Bar Association

Published: 2021

Total Pages: 0

ISBN-13: 9781639050192

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A practical resource for novice and seasoned bankruptcy lawyers, this second edition includes recent case law and substantial updates. It provides an understanding of the bankruptcy claims process, rights and duties of debtors and creditors, priority scheme, the objection process, and grounds for challenging discharge of a particular claim. Includes legal analysis and answers important questions.