Municipal liability insurers have often unrecognized incentives to discourage reforms aimed at reducing police misconduct. For insurers, the predictability of losses is more important than the level of losses. This means that they are likely to oppose democratic reforms that create uncertainty and make it difficult to price the risks of police misconduct.
Presented with a conservative supermajority on the Supreme Court, corporations and right-wing trade associations have launched a series of constitutional challenges to worker rights. In response, workers are putting forward a fundamentally different vision for our economy and society — an alternative not only to business’s right-wing constitution but also to the New Deal constitutional settlement.
Crisis can be clarifying. Recent events on campuses across the country have forced many of us to look more closely at how our own universities work, including at the decades-long drift toward more powerful university presidents. Reversing this drift, and developing a more democratic model of internal governance, may be a prerequisite not only for rebuilding intellectual community but also for avoiding future campus conflagrations.
Law students at Columbia, CUNY, NYU, and Yale explain the demands behind the ongoing anti-war protests and offer their reflections from the encampments.
An interview with Vincent Bevins on what we can learn from the failed protests of the previous decade.
Aziz Rana aims to free us from Constitution worship. An abiding faith in “redemptive” constitutionalism, his new book argues, has long held back liberals, progressives, and even the Left from seriously promoting major change in our structures of government. Yet key left figures and movements have always made canny use of redemptive constitutional narratives and arguments. Rejecting that tradition leaves far too much on the table.
Given the manifest flaws of the U.S. Constitution, how did Americans come to idolize this document? Aziz Rana kicks off a symposium on his new book, The Constitutional Bind, by reflecting on the path that led to our current political predicament, and how long-buried Left thinking about state and economy might help us find our way out of it.
That public defense is in a state of crisis is far from controversial. Crushing caseloads and rampant underfunding have created untenable working conditions under which even the most well-meaning defenders often struggle to effectively represent their clients. And yet, Jocelyn Simonson, in her important new book Radical Acts of Justice, identifies a deeper, more existential crisis facing public defense — not one of funding, but of purpose.
The activists depicted in Radical Acts of Justice challenge the idea that criminal prosecutors represent “the People.” But where did that idea come from in the first place? By tracing the long shift in American history from informal, non-professional law enforcement to our current system of formal, bureaucratized law enforcement, we can better understand the terrain on which contemporary popular justice movements are waging their struggles.
The most important work of legal scholarship in some time, Jocelyn Simonson’s Radical Acts of Justice raises, but does not develop, two major sets of questions. The first concerns the role of the Constitution in freedom struggles; the second, the legitimate role (if any) of violence in transformative left politics in the United States.
At times, the possibility of aligning our formal systems of justice with our normative aspirations appears almost inconceivable. Yet we can locate some faith in justice and democracy by looking to the concrete acts of collective care taking place all around us. In this post, Jocelyn Simonson kicks off a symposium on her recent book, Radical Acts of Justice: How Ordinary People Are Dismantling Mass Incarceration.
Despite what you may have heard on Fox News or read in the New York Times, the crisis at the U.S. border with Mexico is neither about the border, nor about migrants’ impact on the country. Rather, the staging of a border crisis is an attempt by Republicans (and unwitting democrats) to put in place new machinery of social reproduction.
In their statement calling for a ceasefire between Israel and Palestine, the UAW International Executive Board raised a tantalizing possibility: What if UAW workers were to divest their labor from the construction of weaponry? Under current labor law, how might workers make their complicity in the military-industrial complex a mandatory subject of bargaining?
The heuristic of non-reformist reform can help avoid ultra-leftism and create the possibilities for coalition, such as across groups who care about transparency. It can help us salvage the transformative potential of demands that seem to have lost their teeth. But to realize these ends without falling back into reformist pieties, the framework demands rigorous, context-specific thinking that eschews dogmatism.
Free speech at universities hangs in the balance. But defending it will require much more than just resisting the assaults coming from billionaires and right-wing influencers. It will require reconnecting with the purposes and highest aims of the academy and building a political economy of higher education that can begin to truly deliver on them.
