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Architect of Justice
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of ...
Corporations
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A Passion for the True and Just
Felix Cohen, the lawyer and scholar who wrote TheHandbook of Federal Indian Law (1942), was enormously influential in American Indian policy making. Yet histories of the Indian New Deal, a 1934 program of Franklin D. Roosevelt’s New Deal, neglect Cohen and instead focus on John Collier, commissioner of Indian affairs within the Department of the Interior (DOI). Alice Beck Kehoe examines why Cohen, who, as DOI assistant solicitor, wrote the legislation for the Indian Reorganization Act (1934) and Indian Claims Commission Act (1946), has received less attention. Even more neglected was the contribution that Cohen’s wife, Lucy Kramer Cohen, an anthropologist trained by Franz Boas, made to t...
Shadow Nations
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argu...
Corporate Governance
The study of corporate governance is a relatively modern development, with significant attention devoted to the subject only during the last fifty years. The topics covered in this volume include the purpose of the corporation, the board of directors, the role of shareholders, and more contemporary developments like hedge fund activism, the role of sovereign wealth funds, and the development of corporate governance law in what perhaps will become the dominant world economy over the next century, China. The editor has written an introductory essay which briefly describes the intellectual history of the field and analyses the material selected for the volume. The papers which have been selected present what the editor believes to be some of the best and most representative studies of the subjects covered. As a result the volume offers a rounded view of the contemporary state of the some of the dominant issues in corporate governance.
The Embedded Firm
The globalization of capital markets since the 1980s has been accompanied by a vigorous debate over the convergence of corporate governance standards around the world towards the shareholder model. But even before the financial and economic crisis of 2008/2009, the dominance of the shareholder model was challenged with regard to persisting divergences and national differences in corporate law, labor law and industrial relations. This collection explores this debate at an important crossroads, echoing Karl Polanyi's famous observation in 1944 of the disembeddedness of the market from society. Drawing on pertinent insights from scholars, practitioners and regulators in corporate and labor law, securities regulation as well as economic sociology and management theory, the contributions shed important light on the empirical effects on the economy of the shift to shareholder primacy, in light of a comprehensive reconsideration of the global context, policy goals and regulatory forms which characterize market governance today.
Feminist Judgments: Corporate Law Rewritten
Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.
Between Citizen and State
Between Citizen and State is an intrepid and readable introduction to, and insightful commentary on, the role of the corporation in the modern world. Corporate actors have typical motivations, opportunities, temptations - they are characters, and their interactions follow familiar plotlines. Part I, Background, introduces the characters and their context. Part II, Internal Struggles, explains common conflicts in terms of well-known court cases. Part III, External Relations, examines relationships between the corporation, individuals, and the state.
Republic of Indians
A sweeping history of the Native Southerners who wrote their principles into Spanish and English law A sweeping history of the Native Southerners who challenged European empires from the inside, Republic of Indians tells the story of Indigenous leaders who wrote their principles into Spanish and English law. While in the Spanish Empire, Natives were a recognized part of “la república de indios,” the “republic of Indians,” other Natives across the early American South understood themselves to be joined with European colonists in larger polities, each jealously guarding their own bodies of liberties under royal sanction. Thus, rather than simply rejecting European pretensions to rule ...
Girl Archaeologist
2022 Choice Outstanding Academic Title Girl Archaeologist recounts Alice Kehoe’s life, begun in an era very different from the twenty-first century in which she retired as an honored elder archaeologist. She persisted against entrenched patriarchy in her childhood, at Harvard University, and as she did fieldwork with her husband in the northern plains. A senior male professor attempted to quash Kehoe’s career by raping her. Her Harvard professors refused to allow her to write a dissertation in archaeology. Universities paid her less than her male counterparts. Her husband refused to participate in housework or childcare. Working in archaeology and in the histories of American First Natio...
