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LPE Originals

Reconstructing the Algebra of Race and Rights

I follow Patricia Williams, Angela Harris & Aysha Pamukcu, in arguing universal rights, to basic income and other resources, are insufficient but necessary ingredients for justice. Indeed, I argue for permanent, non-discretionary funding of these rights. No one truly knows how much money the U.S. government spends encoding and encasing private property rights, much less private capital’s rights to coordinate or contract. In many ways, these costs are “baked into” society. So, ultimately, should it be for rights to income, healthcare, housing, education, employment for all.

LPE Originals

Leftist Benefits are In-Kind, Actually

The argument goes that cash benefits, such as UBI, afford recipients the dignity to choose what they need, versus in-kind benefits which paternalistically define that need for them. By removing government restrictions on spending, they allow recipients the freedom to consume on their terms. However, this so-called choice is in name only without a guarantee that basic needs will be met. The context of housing provides one example of this. The reality of cash benefits is that even where choice is not restricted by the state, it remains restricted by the failures of the market.

LPE Originals

Basic Income and the Freedom to Refuse

It would be ironic indeed if a UBI slipped quickly through the fingers of lower-income people of color and into the coffers of jurisdictions most aggressively criminalizing poverty. This would negate UBI’s ability to facilitate work refusal because UBI—devoured by debt—would no longer be available to meet basic needs without a wage (or connection to a wage-earner). Moreover, this negation’s radically unequal racial distribution would mock UBI’s pretensions to universalism. Substantive universality requires more than formal inclusion and nominally equal payments. It requires cash receipts that deliver equal capacity to refuse work.

LPE Originals

Constitutionalizing Property’s Priority over Farm Worker Organizing: The Threat of Cedar Point

This year the Supreme Court will hear Cedar Points Nursery v. Hassid, a case out of California which challenges a forty-five-year-old farm labor regulation. The petitioners are alleging that this regulation, which grants farm labor unions a limited right of access to an employer’s property, is unconstitutional on the grounds that it amounts to the government taking their property rights without compensation. This case potentially represents the culmination of a decades-long reactionary campaign against the ability of unions to access an employer’s property. It’s another legal gut-punch to the labor movement and part of a long history of judicial antagonism against workers.

LPE Originals

A Labor Theory of Negotiation: From Integration to Value Creation

American negotiation theory started as, and for a long time remained, an engagement with labor and class relations. When early scholars developed their theories of negotiation in the context of workplace conflict, they did so in a moment when many workers were familiar enough with Marxist theories of class struggle to readily believe that some differences—for example, between management and labor—were not reconcilable, no matter how one performed in a negotiation. In this context, negotiation theorists aimed to open a space for potentially harmonious group relationships by introducing the concept of “integration”— the idea that labor and management could reorient their interests by creating new common values together.

LPE Originals

The Algorithmic Capture of Employment and the Tertius Bifrons

Automated hiring systems are paradoxical. Although often the stated reason for adopting them is to curtail human bias, they frequently end up exacerbating the biases they’re meant to correct. Even as employment discrimination continues to morph with the introduction of new technologies, so, too, should the law change to meet it head to head.

LPE Originals

Where Is the Care in the CARES Act?

Two pandemic policy stories have been coming to a head: (1) the push for another relief bill as a key CARES Act unemployment insurance benefit expires on July 31, and (2) the ongoing national child-care crisis as school closures for the fall are announced amidst the virus’ resurgence. What connects them is kids’ needs for care and families’ needs for economic support when they—predominantly mothers, of course—perform that caring labor. A little-noticed feature of the CARES Act supports care for children who must stay home due to school closures.

LPE Originals

The “New Normal” Privatization of the Workplace

As the COVID-19 crisis rages on, individuals around the world are now thrown into a work-from-home, digitally-enabled “new normal” of the workplace. For most white-collar workers, homes have become offices, and boundaries between work and domestic life are being reshuffled. This shift, however, is just an acceleration of prior developments well under way since the beginning…

LPE Originals

Are We Prisoners of Technological Fate?

The Meritocracy Trap’s account of the relationships among elite education, skill-biased technical change, and rising economic inequality is, in my mind, one of the book’s most important arguments, even as it is undoubtedly one of the least discussed. I’m therefore delighted and grateful that Gordon chose to focus his attention on these matters.

LPE Originals

Are the Rich Rentiers or Superordinate Workers?

This is the third post in our series discussing The Meritocracy Trap by Daniel Markovits. Click here to read all posts in the series.  I am grateful to the LPE Blog for hosting this exchange about The Meritocracy Trap. Today’s post will take up Hart’s and Steinbaum’s post and focus on facts, and tomorrow’s will turn to Gordon’s post…