There’s a common notion that pervades legal and policy debate—including among fairly liberal Democrats—that collective bargaining mechanisms, and even public coordination of markets through minimum wages and working conditions, distort market outcomes and are therefore inefficient (though they may be justified by countervailing considerations). This position immediately sets up a kind of presumption against labor…
At the end of September, labor law scholars gathered at a conference focused on “Labor and the Constitution: Past, Present, and Future.” There, a group of us considered the problem of “Political Economy and the Constitution”—and the extent to which the Law and Political Economy (LPE) analytical frame can be useful in building a more…
“Political economy” has an antique ring. More than a century ago, the field of “political economy” began to give way to what was called “economics.” By the mid-twentieth century, political economy was forgotten; economics ruled the roost. But what is old is new again. Political economy is coming back. Economics sidelines the distribution of wealth…
This post is part of our symposium on Medicare for All. You can find all the posts in the series here. *** Medicare for All has the potential to address gaps in access to quality long-term care services for the elderly by mitigating some of the inequities in the market for long-term care. It could do…
Today, the Supreme Court will hear oral argument on the question of whether Title VII’s prohibition on sex discrimination includes sexual orientation and gender identity discrimination. To provide context to this case, the LPE Blog asked two scholars for contributions that detail the history of sex discrimination protections and address how law should redress gender hierarchies…
LGBTQ workers have never turned solely to the law to define or protect their rights. In years when many feminists and workers of color were narrowing their focus to pursuing individual advancement under antidiscrimination provisions like Title VII, LGBTQ workers articulated a new kind of right: to be fully oneself at work. They argued that sexuality and gender were irrelevant to job performance, as the older “homophile” gay rights movement had claimed. But they also denied that anyone could—or should—shed a piece of their identity at the office, factory, or schoolhouse door.
Poverty is not a suspect classification under our Constitution, but it is an affront to life and dignity and to democracy more broadly. With the evisceration of the U.S. welfare state and the judiciary’s deference to political outcomes in the area of “economics and social welfare,” employment is the primary legal and political means to address economic inequality. In turn,…
Though feminists and queer theorists love the subversiveness of proclaiming “hoe is life,” they are also married to the idea that eventually they will be monogamous. While it is perfectly natural and okay for them to have sex with anyone they want and to extoll “safer kinky sex,” many still believe that paying for sex sullies the interaction, or removes from it any possibility of true “consent.
Among the various perspectives utilized to understand sex work, a political economy approach directs attention to the fundamentally political and moralized nature of markets. Markets are not abstract spaces for economic transactions but rather politically contested terrains of societal struggle where competing actors wield technical legal tools and moralized beliefs in attempts to shape structures of societal governance.
I am an undocumented immigrant from Honduras. I crossed the Guatemalan, Mexican, and U.S. borders when I was 5 years old. I’m currently a sex worker and a 25-year-old DACA recipient. Like most sex workers, I want decriminalization, or the elimination of all criminal penalties for sex work.
People interested in law and political economy have a particular reason to listen to people in the sex trades. The conversations that sex workers are having are about markets, work, and coercion under neoliberalism. They are critiques of a legal system that implements policing to keep the “sacred” out of markets while enabling corporations to profit on the caging of human beings.
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.
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…
