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Author: Martha Chamallas
Publisher: NYU Press
ISBN: 0814716768
Category : Law
Languages : en
Pages : 240
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Book Description
Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and its Exclusions, Ediberto Roman provides a sweeping, interdisciplinary analysis of citizenship's contradictions. Roman offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law. His analysis culminates with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the "underclass." "What kind of harms matter, and why? Steeped in the history of American tort law, Martha Chamallas and Jennifer B. Wriggins demonstrate how attitudes about race and gender run through the harms recognized---and not recognized---by American law. Along the way, this fine book sheds light on deliberate and unconscious stereotyping, the shifting treatments of workplace and family injuries, the influence of social movements on law and public attitudes, and alternative approaches to harms, causation, and damages. This book is brimming with insights about how societies do and should express what matters in assigning liability for human pain and loss." "This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system."
Author: Martha Chamallas
Publisher: NYU Press
ISBN: 0814716768
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and its Exclusions, Ediberto Roman provides a sweeping, interdisciplinary analysis of citizenship's contradictions. Roman offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law. His analysis culminates with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the "underclass." "What kind of harms matter, and why? Steeped in the history of American tort law, Martha Chamallas and Jennifer B. Wriggins demonstrate how attitudes about race and gender run through the harms recognized---and not recognized---by American law. Along the way, this fine book sheds light on deliberate and unconscious stereotyping, the shifting treatments of workplace and family injuries, the influence of social movements on law and public attitudes, and alternative approaches to harms, causation, and damages. This book is brimming with insights about how societies do and should express what matters in assigning liability for human pain and loss." "This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system."
Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 9780674558809
Category : Insurance, Physicians' liability
Languages : en
Pages : 202
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Book Description
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
Author: Robert T. Carter
Publisher: Columbia University Press
ISBN: 0231550138
Category : Social Science
Languages : en
Pages : 274
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Book Description
A large body of research has established a causal relationship between experiences of racial discrimination and adverse effects on mental and physical health. In Measuring the Effects of Racism, Robert T. Carter and Alex L. Pieterse offer a manual for mental health professionals on how to understand, assess, and treat the effects of racism as a psychological injury. Carter and Pieterse provide guidance on how to recognize the psychological effects of racism and racial discrimination. They propose an approach to understanding racism that connects particular experiences and incidents with a person’s individual psychological and emotional response. They detail how to evaluate the specific effects of race-based encounters that produce psychological distress and possibly impairment or trauma. Carter and Pieterse outline therapeutic interventions for use with individuals and groups who have experienced racial trauma, and they draw attention to the importance of racial awareness for practitioners. The book features a racial-trauma assessment toolkit, including a race-based traumatic-stress symptoms scale and interview schedule. Useful for both scholars and practitioners, including social workers, educators, and counselors, Measuring the Effects of Racism offers a new framework of race-based traumatic stress that helps legitimize psychological reactions to experiences of racism.
Author: Nate Holdren
Publisher: Cambridge University Press
ISBN: 1108488706
Category : Business & Economics
Languages : en
Pages : 311
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Book Description
Combining archival research, critical theory, and gender- and disability-analysis, Nate Holdren argues that Progressive Era reform to employee injury law created new employment discrimination against disabled people and a new injury culture that treated employees and their injuries instrumentally.
Author: Wendy Brown
Publisher: Princeton University Press
ISBN: 0691201390
Category : Philosophy
Languages : en
Pages : 218
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Book Description
Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether one is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection. Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault.
Author: George Philemon Voorheis
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 674
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Book Description
Author: Cheryl Lawhorne-Scott
Publisher: Government Institutes
ISBN: 1605907243
Category : Reference
Languages : en
Pages : 283
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Book Description
As more veterans return from deployments in Iraq and Afghanistan, more are needing care for posttraumatic stress disorder (PTSD) and combat-related traumatic brain injuries (TBI). While there are several treatment and recovery options, outlets for support, and other resources, understanding and gaining access to them is often difficult or confusing. In Combat-Related Traumatic Brain Injury and PTSD: A Resource and Recovery Guide, authors Cheryl Lawhorne and Don Philpott offer guidance for returning veterans, from treatment options, to diagnostic criteria and techniques, to resources for rehabilitation and support. The authors begin discussions of TBI and PTSD by offering definitions of each, outlining the risk factors, and exploring the relationship between the two. They then move on to provide explanations of diagnostic criteria, treatment options, prevention techniques, and barriers to seeking care. Sections on the important role that insurance and health care plays, and on the support of family and friends, round out this useful and accessible volume. This is an essential guide for returning veterans, their families, and all who work with veterans suffering from PTSD and TBI.
Author: Guohua Li
Publisher: Springer Science & Business Media
ISBN: 1461415993
Category : Medical
Languages : en
Pages : 672
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Book Description
Injury is recognized as a major public health issue worldwide. In most countries, injury is the leading cause of death and disability for children and young adults age 1 to 39 years. Each year in the United States, injury claims about 170,000 lives and results in over 30 million emergency room visits and 2.5 million hospitalizations. Injury is medically defined as organ/tissue damages inflicted upon oneself or by an external agent either accidentally or deliberately. Injury encompasses the undesirable consequences of a wide array of events, such as motor vehicle crashes, poisoning, burns, falls, and drowning, medical error, adverse effects of drugs, suicide and homicide. The past two decades have witnessed a remarkable growth in injury research, both in scope and in depth. To address the tremendous health burden of injury morbidity and mortality at the global level, the World Health Organization in 2000 created the Department of Injury and Violence Prevention, which has produced several influential reports on violence, traffic injury, and childhood injury. The biennial World Conference on Injury Control and Safety Promotion attracts a large international audience and has been successfully convened nine times in different countries. In the United States, the National Center for Injury Prevention and Control became an independent program of the federal Centers for Disease Prevention and Control in 1997. Since then, each state health department has created an office in charge of injury prevention activities and over a dozen universities have established injury control research centers. This volume will fill an important gap in the scientific literature by providing a comprehensive and up-to-date reference resource to researchers, practitioners, and students working on different aspects of the injury problem and in different practice settings and academic fields.
Author: J. L. Matthews
Publisher: NOLO
ISBN: 9781413300819
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
Armed with the right information, anyone can handle a personal injury claim without a lawyer. Attorney Joseph Matthews provides strategies for handling every stage of the insurance claim process including how to:- protect one's rights after an accident- evaluate what a claim is worth- handle a property damage claim- avoid insurance company run-arounds- obtain a full and fair settlement- save thousands in attorney fees
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309035457
Category : Medical
Languages : en
Pages : 175
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Book Description
"Injury is a public health problem whose toll is unacceptable," claims this book from the Committee on Trauma Research. Although injuries kill more Americans from 1 to 34 years old than all diseases combined, little is spent on prevention and treatment research. In addition, between $75 billion and $100 billion each year is spent on injury-related health costs. Not only does the book provide a comprehensive survey of what is known about injuries, it suggests there is a vast need to know more. Injury in America traces findings on the epidemiology of injuries, prevention of injuries, injury biomechanics and the prevention of impact injury, treatment, rehabilitation, and administration of injury research.
