By now, many of the societal, political, and distributive harms caused by large technology companies and so-called “social” media companies (Amazon, Facebook, Google, etc.) have been surfaced. They invade our privacy, decrease market competition, erode our sense of self and, despite their euphemistic label, our sense of community. Shoshana Zuboff’s new book—The Age of Surveillance…
Laws take. It’s what they’re for. Taxes take dollars from some people and distribute them to other people. Traffic laws take away drivers’ opportunity to speed through intersections. Zoning restrictions take from neighbors their ability to build apartments in their backyards. Talk to me about a law’s requirements and you’ll be talking about a taking.…
In April, the New York Times ran a profile on abolitionist visionary and scholar Ruth Wilson Gilmore, and the Harvard Law Review published an entire issue on prison abolition. This fall, the University of Texas Law School Human Rights Center is hosting a conference on abolition. The new journalistic outlet The Appeal runs abolitionist pieces…
Rather than serving as an obstacle to progressive change, the diffusion of power and resources across federal, state and local governments has allowed poor people’s movements to turn to federal authorities at times when local governments have been conservative and resistant and vice versa. Today, progressive federalism has allowed community-based organizations and poor people’s movements to expand the political class—making successful runs for elected office and pushing through local ordinances that become models for other city, state, and federal governments.
American federalism is not neutral. In fact, federalism’s many venues generally disadvantage groups with comprehensive, progressive policy aims for several reasons: first, federalism does not just create political opportunities but also limits them; second, state and local governments are poorly situated to solve national problems; third, jurisdictional boundaries can be remade in ways that disadvantage progressives; and finally, contestation itself over which level of government should perform which activities harms progressive causes.
Legal scholars who care about how law creates wealth and power cannot afford to disregard the trust. As Katharina Pistor mentions in her recent book, The Code of Capital, the trust stands out as one of Anglo-American law’s “most ingenious modules for coding capital.” Trusts are a longstanding component of the “feudal calculus” that Pistor…
In recent years, mainstream anti-domestic violence programs have moved away from a fixation on the criminal justice system to undertake economic justice initiatives designed to “respond to, address, and prevent financial abuse” related to domestic violence. The shift reflects the growing realization that strategies of remedy through the penal state have tended to fracture the…
We agree with Dubal that winning collective bargaining power at Uber and Lyft will depend on the continuation of the kind of solidarity actions that Dubal describes. But in our view, a fundamental reshaping of labor law will also be necessary. Even if an “uncompromised” version of California AB5 passes, that won’t get us there.
Hidden beneath the buzz about how technology is transforming urban transit is a quiet revolution in the way that cities approach the management of their streets. In the face of rapid change, cities and transit agencies are increasingly relying on pilot programs to manage the introduction of new modes of transportation and new uses of…
In a recent video, “A Message From the Future,” Rep. Alexandria Ocasio-Cortez’s voiceover imagines a time when climate collapse has been averted. Now a seasoned member of Congress, she rides the bullet train to the Capitol. It’s a whimsical opening to a compelling narration. But it raises two important questions: first, will the Green New…
In the year 2000, the writer Joan Wypijewski visited Montgomery, Alabama, to observe the 45th anniversary of the Montgomery bus boycott. Her findings were notable: “Montgomery’s transit system isn’t segregated anymore. It barely exists.” As Wypijewski told readers, the 1990s had not been kind to transit. After two decades of local Republican leadership, and following…
I share Dubal’s worries about Uber and Lyft’s proposed “workers’ associations” and agree about the indispensable role played by independent, exclusive-representative unions. But I am more open to the possibility that we ought not necessarily reject workers’ associations of the sort being contemplated in the California debates.
The “gig economy” is one place where organizing outside of traditional trade unions is undoubtedly happening in surprising and perhaps unexpected ways. For example, on May 8, 2019, a group of independent app-based drivers in Los Angeles called the LA Rideshare Drivers United organized and launched an unprecedented international picket and work stoppage against Uber…
The CEOs of the two top-competing gig firms—Uber and Lyft—penned a June 12, 2019 OpEd in the San Francisco Chronicle in which they claim that after over six years of local, state, federal, and international law-breaking, ignoring the concerns of drivers, and viciously fighting any efforts to achieve living wage and benefits, they are ready…
The Supreme Court has waged a multi-decade war on private rights of action. It has subverted the rights of consumers, workers, small businesses, and others to hold corporations accountable for wrongdoing through lawsuits. The Federal Arbitration Act (FAA) has been a preferred tool of the Court. Since the 1980s, it has reinvented this modest statute,…
