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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Institutional Inequality and the Mobilization of the Family and Medical Leave Act: Rights on Leave

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ISBN13: 9780521703949
Published: May 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99

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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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Other Jurisdictions , USA
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.