This syllabus is, in conjunction with the framing post on the Law & Political Economy Blog, a starting point for understanding the law and political economy approach to torts. The initial readings introduce both the law and economics perspective and the competing law and political economy perspective on tort. Subsequent portions of the syllabus use…
The law and political economy perspective is defined by its focus on power, the ability to control and change things (especially people). From the vantage point of law and political economy, courts, markets, legislatures, and all other institutions can and must be assessed in terms of how they create and distribute power. Because power exists…
“Certainly if we view the common law on the eve of reform, we see the spirit of Heath Robinson at his most extravagant. … It is a real question why nobody before Bentham was provoked, and a part of the answer is that nobody before Blackstone described the system as a whole.” S.F.C. Milson, Historical…
I wasn’t at all sure what to do after I was first asked to teach 1L Property Law. Not only was it an unexpected addition to my courseload, my background was in legal history and critical theory on the one side and in international law on the other, and the idea of picking up a…
When James Grimmelmann, Jeremy Sheff, Mike Grynberg, Steve Clowney and I decided to write an open source property casebook that could be shared freely with students, one of the benefits was the ability to teach the material in ways that made sense to us. The mortgage chapter, for example, is actually the “foreclosure” chapter: it…
A few years ago, I set out somewhat deliberately to publically out myself as being at the far left extreme when it comes to property law scholarship. I attacked progressive property scholarship from the left and attacked information theorists as rationalizing the status quo. So perhaps it is surprising that my 1L Property class is…
I wrote a lot about Property between 2005 and 2010. I came to the topic as a new law professor because it struck me as something like constitutional law for the economy: the basic arrangement of power, cooperation, and legitimacy. The writing I did then was about how property law creates the terms on which…
Energized and challenged by the rise of powerful grassroots movements in the wake of the Ferguson and Baltimore rebellions, law professors are rethinking how to teach first-year Criminal Law. At the Law and Society Association annual meeting this summer, Alice Ristroph convened a group to ask “Are we teaching what we should be teaching? .…
A few years ago, we got together to consider how to teach differently in the “movement moment” provoked by the Ferguson and Baltimore rebellions. We felt a particular sense of urgency given that the movements of our day—the Movement for Black Lives, #Not1More, #IdleNoMore, #Fightfor15, Occupy—have at the center of their critique our system of…
In the introduction to Chapter 1 of the casebook that Cynthia Lee and I edit, we tell students that the first-year course on criminal law answers the question, “What, in our society, makes a crime, and why?” We suggest that the answer involves “culture,” and that we therefore intend to approach criminal law as a…
Many of us came to law school interested in how the law can advance social justice, only to find ourselves disoriented by a 1L curriculum seemingly uninterested (and often hostile) to these questions. We encountered the Coase theorem in torts and Pareto optimality in contracts, but were given no vocabulary to understand the politics underlying…
There’s yet one more way I try to get students to see the mutually entangled systems of capitalism and racism presented by Fant v. Ferguson. Why did Ferguson and other northern St Louis suburbs end up depending on their criminal justice systems for the revenues necessary to run a city?
A third vantage point from which to consider Fant v Ferguson is legal geography: the way that racism and capitalism over time shape create and maintain physical spaces through processes of investment and disinvestment, development and underdevelopment, displacement and settlement. A key way into this story – as Audrey MacFarlane notes – is through the history of racial segregation in housing markets.
In my first post on Fant v. Ferguson, I introduced the case as a story about our racialized criminal justice system. The criminal justice story, however, represents only one layer of the onion. Like its fast counterpart, the slow violence experienced by Keilee Fant is embedded in a larger system of structural economic inequality that we call “poverty.”
In a series of four posts, I’ll outline an approach to teaching law and political economy using Keilee Fant v. City of Ferguson, Missouri, a class action filed in federal court in the Eastern District of Missouri in 2015. In this first post, I explain how I use the complaint in Fant to frame a discussion of law, political economy, and the “slow violence” of the criminal justice system.
