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Institutional Inequality and the Mobilization of the Family and Medical Leave Act: Rights on Leave: Cambridge Studies in Law and Society

Autor Catherine R. Albiston
en Limba Engleză Paperback – 9 mai 2012
How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management's historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical frameworks from social constructivism and new institutionalism, this study explains how institutions transform rights to recreate systems of power and inequality but at the same time also provide opportunities for law to change social structure. It provides a fresh look at the perennial debate about law and social change by examining how institutions shape the process of rights mobilization.
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Specificații

ISBN-13: 9780521703949
ISBN-10: 0521703948
Pagini: 312
Dimensiuni: 152 x 229 x 17 mm
Greutate: 0.42 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in Law and Society

Locul publicării:New York, United States

Cuprins

1. Institutions, inequality, and the mobilization of rights; 2. The social institution of work; 3. Institutional inequality and legal reform; 4. Mobilizing the FMLA in the workplace: rights, institutions, and social meaning; 5. Mobilizing rights in the courts: the paradox of losing by winning; 6. Conclusion.

Recenzii

"This pathbreaking study offers new and compelling insights into the ways that workplaces institutionalize gender inequality and the capacity and constraints of legal rights in challenging social injustice."

Deborah L. Rhode
Director, Center on the Legal Profession
E.W. McFarland Professor of Law
Stanford Law School



"Do legal rights produce social change? Albiston gives a more nuanced answer than a simple yes or no, making this book required reading not only for anyone interested in gender and work-family policy, but also for those focused on social inequality, jurisprudence, legal history and organizational change."

Joan C. Williams
Distinguished Professor of Law, 1066 Foundation Chair and Director, Center for WorkLife Law
University of California, Hastings College of the Law



Notă biografică


Descriere

This study examines how institutions and social practices transform the meaning of Family and Medical Leave Act rights to recreate power and inequality systems.