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Book part
Publication date: 19 May 2009

Thomas W. Joo

Marriage is often compared to a “contract.” This analogy purports to proceed from a settled concept called “contract,” under which legitimate obligations derive from consent. The…

Abstract

Marriage is often compared to a “contract.” This analogy purports to proceed from a settled concept called “contract,” under which legitimate obligations derive from consent. The analogy creates confusion when applied in the legal context. In law, “contract” refers to a broad category of legal obligation. Many legal theorists believe “contractual” enforceability should be based solely on consent. But as a matter of positive legal doctrine, consent is neither necessary nor sufficient to establish enforceability. A contract's enforceability also depends on its relationship to public welfare.

Thus the “contract” analogy does not constitute a legal justification for an approach to marriage based solely on the consent of the parties. It merely expresses a normative preference for a consent-based approach. The chapter illustrates this point using examples of current marriage-related issues, such as covenant marriage, prenuptial agreements, and same-sex marriage.

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Law & Economics: Toward Social Justice
Type: Book
ISBN: 978-1-84855-335-4

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Book part
Publication date: 19 May 2009

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Law & Economics: Toward Social Justice
Type: Book
ISBN: 978-1-84855-335-4

Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

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Book part
Publication date: 19 January 2023

Sunaina Gowan

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The Ethnically Diverse Workplace: Experience of Immigrant Indian Professionals in Australia
Type: Book
ISBN: 978-1-80382-053-8

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Book part
Publication date: 20 June 2017

David Shinar

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Traffic Safety and Human Behavior
Type: Book
ISBN: 978-1-78635-222-4

Book part
Publication date: 2 December 2016

Joo-Young Park and Dong-One Kim

This paper examines the role of cultural values measured as collectivism, face-saving, and conflict-avoidance, in predicting employee voice behavior. Using data (n = 198…

Abstract

This paper examines the role of cultural values measured as collectivism, face-saving, and conflict-avoidance, in predicting employee voice behavior. Using data (n = 198) collected from automotive-industry employees in the United States (US) and Korea, several interesting findings emerged. First, and most notably, for a “leaver” who chooses the exit option, culture does not matter, such that none of the three cultural values have a significant association with the exit option across countries. Second, for a “stayer,” who chooses the voice, loyalty, or neglect option, culture does matter in that cultural-specific values, such as collectivism, face-saving, and conflict-avoidance were found to affect employees nonexit options in the Korean sample, but not in the U.S. sample. The results of this study suggest that these three cultural values guide and predict employee voice behavior. Additionally, the results of this study confirm that job alternatives are a significant predictor of the exit option across cultures. This study therefore presents strong empirical evidence of the effect of culture on employee voice behavior and increases our understanding of employee voice behavior across cultures.

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Employee Voice in Emerging Economies
Type: Book
ISBN: 978-1-78635-240-8

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Book part
Publication date: 30 November 2018

Inma Rodríguez-Ardura and Antoni Meseguer-Artola

Recent research on immersive experiences in online environments for higher education has attributed a fundamental role to two distinct yet connected psychological phenomena: the…

Abstract

Recent research on immersive experiences in online environments for higher education has attributed a fundamental role to two distinct yet connected psychological phenomena: the feelings of being virtually present in the education environment, often simply called presence, and peak episodes of flow. The authors conceptually delimitate these two psychological facets of e-learners’ experiences and examine their interplay. The authors show how flow episodes are elicited by students’ sense of control over the online education environment, their attention being focussed on the learning tasks, and their feelings of being physically placed in the online education setting. Also, the interactivity created by the online education environment evokes an e-learner’s imagery, which in turn triggers presence feelings and episodes of flow. The authors further show that, although presence and flow are triggered by some common antecedents, they differ in the object of the individual’s immersion, and that presence feelings facilitate flow. Moreover, the authors provide practical recommendations for higher education institutions, policy makers and the academic and information and communication technology community involved in e-learning, to make sure e-learner experiences reach their fullest potential.

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The Future of Innovation and Technology in Education: Policies and Practices for Teaching and Learning Excellence
Type: Book
ISBN: 978-1-78756-555-5

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Book part
Publication date: 12 July 2023

Weijun Yuan

Social movements are made up of organized groups and individuals working together to accomplish shared objectives. Under what circumstances do active groups build and break their…

Abstract

Social movements are made up of organized groups and individuals working together to accomplish shared objectives. Under what circumstances do active groups build and break their coalitions? Five conditions have been identified in the literature as influencing coalition formation: common identity, resources, organizational structure, historical connection, and institutional setting. Whereas coalition dynamics within a movement wave are best understood in terms of institutional opportunities and threats, further research is needed to determine how and to what extent these contextual elements influence coalitions. This chapter examines how threats posed by indiscriminate and selective repression affect the shape and structure of interorganizational coalitions during the 2019 Anti-Extradition Law Amendment Bill (Anti-ELAB) protests in Hong Kong. The analysis relies on an original political event dataset and an organization-event network dataset. These datasets were produced utilizing syntactic event coding techniques based on Telegram posts, which Hong Kong protesters used to distribute information, plan future actions, and crowdsource news. Furthermore, Telegram provides detailed information about state activities, event-level coalitions, and violent groups, which is difficult to access from other sources. This study investigates the coalition networks across the movement's four stages, each of which was marked by a particular type and degree of repression. The findings indicate that indiscriminate and selective repression have varied effects on coalition networks. A wide coalition disintegrates as a result of indiscriminate repression. Selective repression, however, leads to the formation of coalitions around activist groups targeted by repression.

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Methodological Advances in Research on Social Movements, Conflict, and Change
Type: Book
ISBN: 978-1-80117-887-7

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Book part
Publication date: 17 December 2013

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Collective Efficacy: Interdisciplinary Perspectives on International Leadership
Type: Book
ISBN: 978-1-78190-680-4

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Book part
Publication date: 30 June 2023

Lisa M. Given, Donald O. Case and Rebekah Willson

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Looking for Information
Type: Book
ISBN: 978-1-80382-424-6

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