The Indian Country Abortion Safe Harbor Fallacy

The Indian Country Abortion Safe Harbor Fallacy

In response to the likely fall of Roe, commentators have suggested that tribal lands might serve as safe harbors for abortion in conservative states. While tribes ought to possess the territorial authority to regulate reproductive healthcare as they see fit, this proposal overlooks important legal, financial, political, and ethical considerations that make the prospect of such safe harbors unlikely.

Procedural Political Economy

Procedural Political Economy

Civil procedure is the infrastructure of democracy, allowing the public to interpret, elaborate, and entrench constitutional-regulatory commitments over time. Rather than sidelining courts entirely, a revival of the democracy-of-opportunity tradition should include a progressive vision of procedure.

Democracy, Bureaucracy, and Rights

Democracy, Bureaucracy, and Rights

“It is not true that the U.S. Constitution has little to say about our economic rights and liberties – let alone our material welfare. Instead, as Fishkin and Forbath argue convincingly, the Constitution has nourished a democracy-of-opportunity tradition that places our equal social rights front-and-center in constitutional practice and politics.”

American Social Democracy and Its Imperial Roots

American Social Democracy and Its Imperial Roots

The historical high-tides for the domestic experience of democracy-of-opportunity have occurred during periods of territorial and global expansionism. A serious effort to recover this tradition entails engaging with its imperial dimensions.

State, Economy, & LGBTQ+ Civil Rights

State, Economy, & LGBTQ+ Civil Rights

We live in a condition in which capital drives significant social reforms while also undermining their impact and longevity by leaving destabilizing matters of economic inequality unaddressed. From this perspective, current LGBTQ+ victories are built on a shoddy foundation.

The Paradox of Property in the American Rule of Law

The Paradox of Property in the American Rule of Law

In the United States, the rule of law has always had property rights as its lodestar, with private property serving as the central legal interest that requires protection. Attending to our history reveals the dangers and paradoxical nature of this property-first conception of the rule of law.

On Judging Cases in the Context of Crisis

On Judging Cases in the Context of Crisis

I thank the Law and Political Economy Project for inviting me to participate in this blog symposium on capitalism and the courts. I begin by stating the obvious: that we live in a capitalist economic system and a political system that aspires to being democratic. There is clearly considerable tension between these systems. Most capitalists…