Announcing our latest symposium on the criminal legal system and the current movement to transform it.
This post is part of our symposium on socialist constitutionalism. The Federalist Society leverages right-wing legal change by promoting constitutional originalism as a seemingly noble and neutral foundation for neoliberal political economy. Without a comparably accessible and compelling contrary first principle, left and centrist law and politics can appear to be a diffuse agenda of contested…
Ashley Burke explains how housing organizers and community activists can use the MMT framework as one tool to make their dream a reality.
“Now, the rest is up to us because we are responsible for each other and to each other. We are responsible to the future, and not to Chase Manhattan Bank.” –– James Baldwin This post is part of our symposium on Stephanie Kelton’s The Deficit Myth. You can find the full symposium here. Several commenters have argued that…
Emma Caterine explains why taxation does not need to be the bitter salve taken with every spoonful of sugar – it is and always has been a way to provide for the general welfare, and how C.J. Roberts in Sebelius may have unwittingly opened the door to an MMT approach to understanding taxation.
This post is part of a series on Black Lives Matters. The COVID-19 pandemic and police killings of George Floyd and other Black men and women have starkly revealed society’s race and class-based inequality and brought unprecedented attention to the excesses of the carceral state. One arm of punitive state regulation, however, has gone largely undiscussed:…
legal problems, though sometimes disempowering, can create opportunities for power building. Grassroots organizations and legal aid agencies can be especially crucial in cultivating such power by (in quite different ways) helping to transform legal problems into political problems.
This is part of our symposium on the legal representation of poor people. “To put the matter crudely: if one relegates a certain social space simply to the selfish acquisition of material things, it is almost inevitable that soon someone else will come to set aside another domain in which to preach that, from the perspective…
This is part of our symposium on the legal representation of poor people. In Professor Hershkoff and Loffredo’s post contextualizing their comprehensive handbook within the LPE movement, we can detect a certain irony. As they acknowledge, many lawyers, particularly those trained at elite institutions, eschew the representation of low-income communities for a host of reasons amounting…
The question of how to put LPE into practice in legal services work naturally raises questions around methodology: who should elucidate and fulfill an agenda for life-affirming social change, and how should we go about it? More specific to lawyering, who should occupy the role of a lawyer fighting alongside her clients for racial and economic justice?
This is part of our symposium on the legal representation of poor people. This past February, I was asked, along with several of my colleagues at CUNY School of Law, to remark on Helen Hershkoff and Stephen Loffredo’s forthcoming book, Getting By. This was a supreme honor, given my admiration for Helen and Stephen’s work…
This is part of our symposium on the legal representation of poor people. Students often ask how they can put “LPE into practice.” Earlier this year (before law schools went remote because of COVID), Professor Angela Harris spoke at NYU Law and addressed this question, emphasizing three key features of moving from theory to practice:…
Constitutionalism sits at the commanding heights of law. That framework of governing structures, rights, and ideals shouldn’t be abandoned to right-wing and liberal-centrist construction. Socialists and progressives instead ought to embrace a constitutional vision in which legislative and executive power give effect to the spirit of democratic equality that underlies but outruns the Constitution’s text.
Centering the constitutive power of law destabilizes the usual public/private distinction and enables a vision of socialism that incorporates transformative reforms to “private” entities—and that has room for localism and decentralization, where appropriate.
In Forbath’s telling, Weimar is not a cautionary tale but an opportunity for a do over. There’s much to like, and learn, from rekindling this vision of social democracy. In what follows, I invite other characters to this story, drawing from Mexico’s constitutional history, and raise a few questions about the limits of the social democratic bequest as a compass for our imagination.
