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Weekly Roundup: April 9, 2021

At the Blog Shirley Lin kicked off the week with a summary of her argument that the EEOC has undermined the collective commitment to disability accommodations in the workplace by making the accommodation a matter of individual bargaining between highly unequal actors. Then Robert Post argued, in response to Genevieve Lakier and Nelson Tebbe’s earlier…. . .

The Law & Political Economy of Disability Accommodations

The touchstone of contemporary disability law, the Americans with Disabilities Act of 1990, was a victory of the militant disability rights movement, and was drafted with the social model in mind. However, Congress essentially delegated the design for this mandate to the Reagan-era EEOC, which in turn operationalized accommodations through private exchanges. . .

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. . .

Labor Governance in the Shadow of Racialized Mass Incarceration

The threat of precarious work does not come exclusively from marketization swamping a shrinking welfare and regulatory state. It comes as well from a metastasizing and thoroughly racialized carceral state, one that simultaneously speaks the language of public violence and sings in the liberal key of choice. Even critical accounts of the criminal legal system. . .