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LPE Originals

Politics in, of, and through the Legal Academy: Akbar Interviews Matsuda, Part 2

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Mari Matsuda is a central scholar within the critical traditions of legal scholarship: in particular Critical Legal Studies, Critical Race Theory, and feminist legal theory. Amna Akbar sat down with her virtually, on December 3, 2020, to ask some questions about her insights on where we are today, where we have been, and where we might go. Today’s part of the conversation focuses on how legal analysis has changed and how movements do and should influence legal scholarship.
LPE Originals

Politics in, of, and through the Legal Academy: Akbar Interviews Matsuda, Part 1

By ,

Mari Matsuda is a central scholar within the critical traditions of legal scholarship: in particular Critical Legal Studies, Critical Race Theory, and feminist legal theory. Amna Akbar sat down with her virtually, on December 3, 2020, to ask some questions about her insights on where we are today, where we have been, and where we might go. Today’s part of the conversation focuses on the origins and the legacy of CRT.
LPE Originals

K-Sue Park on How She Teaches Property

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This past semester, Emily Prifogle hosted a series of conversations on “Race and Property in Historical Perspective”. As part of that series, she talked with K-Sue Park about her article discussing how she teaches property. This conversation seems likely to be of interest to LPE-ers who teach or study property (and others!).

LPE Originals

Privatized “Affordable Housing” Is A Scam

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You hear it everywhere: we need more “affordable housing.” It’s a seemingly uncontroversial call, and yet… a group of members of the LA Tenants Union were compelled to document the many and profound problems with the dominant model of privatized “affordable housing” in the United States.
LPE Originals

Not an “Achievement Gap”, a Racial Capitalist Chasm

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Throughout this pandemic, transnational corporations and white parents alike have been sounding the “achievement gap” alarm under the guise of concern for “voiceless” Black and Brown children, but in service of their own neoliberal agendas. The students they speak of, however, can speak for themselves — and as they struggle through this time, with a fierce resilience that no young person should be forced to cultivate, their realities and their words call for more radical solutions.
LPE Originals

Tax Havens: Legal Recoding of Colonial Plunder

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The end of European empires during the mid-twentieth century and the independence of former colonies was many things: an oft-violent conflict between unequal opponents, a clash of ideas and ideologies, a struggle over rights and self-determination. Less frequently considered is that decolonization involved a dramatic movement of money and a legal reorganization of access to assets and investments. Having tracked these movements, I have found a surprising connection between decolonization and the expansion of tax havens and tax haven business during the 1950s and 1960s.
LPE Originals

Climate Change and Racial Capitalism

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Despite the disproportionate impact of climate change on vulnerable populations who have been largely ignored due to their racialization, legal scholarship on climate displacement has often adopted a doctrinal approach that fails to analyze the underlying systemic causes of the climate crisis and its relationship to race and racism.
LPE Originals

Different Paths: Colonization is More than Exploitation

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It is an exercise in futility to accept the legitimacy of colonial constructs such as race, gender, property, and state sovereignty, and then work to equalize relations defined in these terms. These constructs are, themselves, the “master’s tools,” designed to perpetuate relations of domination and subordination. Moreover, a more equitable division of the spoils of conquest, should that be possible, wouldn’t change the underlying power dynamics. This is because settler sovereignty has been defined precisely to prevent those under the state’s claimed jurisdiction from exercising self-determination, the right of all peoples to “freely determine their political status and freely pursue their economic, social and cultural development.”
LPE Originals

The Algorithmic Capture of Employment and the Tertius Bifrons

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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

A Nightmare of Work and Care

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At least since welfare reform, then, we have coexisted with a particularly monstrous work-life imbalance for low-income parents in which economic security, much less economic mobility for their children, remains forever out of reach. Americans have learned to live with punitive workfare as their only form of safety net assistance (or without it, as is the case for too many poor people ineligible even for subsistence benefits). Far from removing the crisis in care and work from polarized public debate, however, the pandemic has shown all too clearly that workfare ideology will not remain confined to the ever-shrinking welfare context, but has a life of its own.
LPE Originals

Introducing Guest Editors Angela Harris and Noah Zatz

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Here at the Blog we’re trying out a new idea: inviting a rotating pair of “Guest Editors” to help steer our editorial process. Guest Editors will join our editorial board (scroll down) for six months at a time. Our first Guest Editors are Angela Harris, Distinguished Professor of Law at UC Davis, and Noah Zatz, Professor of Law at UCLA. In this post they introduce their goals.
LPE Originals

LPE on COVID-19 (vol. 5)

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Dear Readers,  Today we’re bringing you a special Saturday edition of our ongoing covid-19 series. Take care, LPE Blog Your first stop after reading this post should be here, to listen to Amy Kapczynski and Gregg Gonsalves on The Dig podcast. They talk about how to survive this plague – the politics of public health and…