Law and Organizing for Countervailing Power
Readers of this blog need no reminder of the pervasive inequalities that define American society. Nor do readers need to be convinced that a perverse concentration of wealth has had profoundly corrosive effects on the viability of American democracy. In a recent article published in the Yale Law Journal, we argue that the traditional approaches to combatting political inequality—campaign finance reform, voting rights, participatory governance—do not go far enough, and we ask what else might be done to redress the fundamental power imbalances that define our politics. We argue that the key lies in building countervailing power among poor and working-class people, and that law can and should be used to facilitate organizing by the poor and working class: not only as workers, but also as tenants, debtors, welfare beneficiaries and others.