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From Work in Prison to Carcerality at Work

How might organized labor be engaged in ending mass incarceration? One approach is to emphasize how carceral labor is exploited as a substitute for rights-bearing “free labor." But the mere threat of substitution does not ensure solidarity. A more promising avenue is to consider how carcerality itself extends into so-called "free" labor markets. Under this "carceral labor continuum," anti-carceral unionism emerges not from broad concerns over economic substitution but instead from the practical demands of workplace organizing.

Democracy Without Law?

Two different mortal threats to democracy have been on vivid display this past year: Trump’s January 6 insurrection and the Supreme Court’s rampage through statutory and constitutional law. Considering these events on split-screen raises some uncomfortable questions about LPE analysis of democracy, law, and courts. In particular, certain law-is-just-politics views deployed to dismiss the Court seem to foreclose criticism of Trump’s attempted coup as lawless. More generally, for democratic institutions to assert and receive primacy requires some conception of law that does not just dissolve back into “politics.”

Labor Coercion and the Status/Economy Distinction

Employers wield power over workers by virtue of control over their institutional status and not solely, or even principally, by virtue of the power to cut off wages. Yet, in attempting to distinguish "status" and "economic" coercion, we must avoid the idea that status is implicitly non-economic and the economy operates apart from the social.

Eight Reactions to NFIB v. Department of Labor

Luke Herrine, Noah Zatz, Veena Dubal, Blake Emerson, Diana Reddy, Nate Holdren, Caroline Grueskin, and Charlotte Garden offer their initial reactions to the Court's decision blocking OSHA's vaccine-or-test mandate.