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As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging practices of legal mobilization in response to global governance through a case study of the “right to food sovereignty.” The claim of food sovereignty has been mobilized transnationally by small-scale food producers, food-chain workers, and the food insecure to oppose the liberalization of food and agriculture. The author analyzes the formation of this claim in relation to the rise of a “network imaginary” of global governance. By drawing on ethnographic research, the author shows how activists have internalized this imaginary within their claims and practices of legal mobilization. In doing so, the author argues, transnational food sovereignty activists co-constitute global food governance from below. Ultimately, the development of these practices in response to shifting forms of transnational legality reflects the enduring, mutually constitutive relationship between law and social movements on a global scale.

This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful birth claims were still permitted, wrongful life claims were no longer accepted in a court of law. The article examines the conditions that allowed for and supported the expansion of wrongful life/birth claims until 2012. The article identifies two parallel dynamics of expansion: a broadening of the scope of negligent conduct and a view of milder forms of disabilities as damage that merits compensation. The article further suggests four explanations for such doctrinal evolution, two of which emanate from doctrinal ambiguities and the other two are rooted in social factors that have shaped the meaning of disability as a tragedy and state of inferiority. While recent developments seem promising, the article concludes with a word of caution. Such changes may reproduce past injustices mainly because the compensation mechanism has remained an individual-torts based one, which may run counter to the broader struggle for social change for disabled people.

This chapter sets out a descriptive account of the various legal claims for reparations, including the theories involved and the history of reparations lawsuits. It describes the major reparations cases, the arguments used in these cases, and the court decisions. It also discusses the evolution of legal theories for reparations as well as other attempts to secure compensation.

I examine the case law and the significant court rulings, as well as the discussion within secondary literature regarding these legal claims. I also examine other reparations advocacy approaches, including H.R. 40 and official apologies.

Reparations lawsuits have been brought against both government and private defendants, employing both tort and unjust enrichment theories. However, these suits have failed due to a variety of legal hurdles, including statutes of limitations, standing, and causation. The failure of reparations lawsuits illustrates the limitations of the legal system in addressing mass harms.

This chapter summarizes in relatively brief and generalist-accessible form the history and current status of legal claims for reparations.

As with most professional service occupations, liability claims are a major concern for accounting professionals. Most of the academic research on accountants’ professional liability has focused on audit services. This study extends research on accountants’ professional liability by examining liability claims arising from the provision of tax services. In addition to a descriptive analysis, the current study explores the role of merit in tax malpractice litigation. Hypotheses are developed based on the legal construct of claim merit, which requires the presence of accountant error and damages as a result of that error for a claim to be considered meritorious. The hypotheses are tested using logistic and OLS regression of 89 actual claims filed with an insurer of tax professionals. The results suggest that the components of merit are significant in determining both the presence of compensatory payments to the client and the dollar amount of those payments, although the hypothesized interaction effect is only significant for the dollar amount of compensatory payments.

What does it mean in practice to claim a right? Does claiming a right add to the persuasive power of political demands? Does it clothe political demands with a moral urgency, setting such claims apart from the ordinary class of interests? In examining these questions, I suggest that in practice rights’ claims add little to political discourse. This is because Americans equate their policy preferences with rights. I find scant evidence for the belief that Americans have sufficient knowledge of rights to make them meaningful or that pronouncements of rights have persuasive power or imbue issues with heightened moral legitimacy.

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group often argue that the group merits inclusion in dominant institutions, and they do so by casting the group as like the majority. Scholars have criticized claims of this kind for affirming the status quo and muting significant differences of the excluded group. Yet, this chapter shows how these claims may also disrupt the status quo, transform dominant institutions, and convert distinctive features of the excluded group into more widely shared legal norms. This dynamic is observed in the context of lesbian, gay, bisexual, and transgender (LGBT) rights, and specifically through attention to three phases of LGBT advocacy: (1) claims to parental recognition of unmarried same-sex parents, (2) claims to marriage, and (3) claims regarding the consequences of marriage for same-sex parents. The analysis shows how claims that appeared assimilationist – demanding inclusion in marriage and parenthood by arguing that same-sex couples are similarly situated to their different-sex counterparts – subtly challenged and reshaped legal norms governing parenthood, including marital parenthood. While this chapter focuses on LGBT claims, it uncovers a dynamic that may exist in other settings.

I am the oldest daughter from a family of five girls. I was born in the 1950s and had my first real encounters with feminism as a social movement during the second wave women's liberation movement in the United States in the 1970s. This movement had an important impact on me. Despite the appeal of the women's movement for me, I lived a powerfully gendered life. I had not been allowed to read The Lord of the rings series in school because I was a girl. I detested Barbie dolls and yet was sentenced to hours of play with them if I was to have any social life at all. I had to pretend that I neither liked nor was competent at math and science. My high school boyfriend was paying me a compliment when decades after high school he told me, “At least you never let on that you were smart. I always appreciated that about you.” When I attended the first day of a basic calculus class at a public university in 1981, the professor announced, “No female has ever passed a class with me.” In 1983, I was reprimanded by my elementary school principal for wearing slacks to teach. This was reminiscent of my childhood days when my parents finally, but only, allowed me to wear trousers to school on Fridays. In 1990, my 5-year-old daughter told me, “Well, mom, everyone knows boys are smarter than girls” (of course she has since changed her mind!).

In job advertisements, companies present claims about their organizational identity. My study explores how employers use multimodality in visuals and verbal text to construct organizational identity claims and address potential future employees. Drawing on a multimodal analysis of job advertisements used by German fashion companies between 1968 and 2013, I identify three types of job advertisements and analyze their content and latent meanings. I find three specific relationships between identity claims’ verbal and visual dimensions that also influence viewers’ attraction to, perception of the legitimacy of, and identification with organizations. My study contributes to research on multimodality and on organizational identity claims.

Purpose – At the turn of the 21st century, popular claimsmakers made a series of claims about the benefits of volunteer work for youth: that volunteering would reduce youthful self-absorption with peer groups, introduce youth to people different from themselves, foster macro-level understandings of social problems, and connect youth to the community. This article examines youths’ experiences of volunteer work in order to determine which claims are realized and how.

Methodology/approach – I conducted in-depth interviews with 45 youth, aged 15–23, who engaged in volunteer work with a wide variety of organizations.

Findings – Youth did not always realize these claims and when they did, many did so through mechanisms different than those suggested by popular claimsmakers.

Research limitations/implications – Because this is an exploratory study which uses a purposive sample, the findings provide direction for future researchers to more fully investigate how youth realize the benefits of volunteering and under what conditions.

Practical implications – In order to make volunteering a valuable experience for as many youth as possible, volunteer coordinators need to be cautious of uncritically absorbing public claims.

Originality/value of paper – Youth speak for themselves about the value of volunteering and challenge popular claims made about youth and volunteerism.