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LPE Originals

Building a World Without Criminalized Care

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In 2013, a group of Tennessee legislators made it a crime for a pregnant woman to transmit narcotics to a fetus. The law’s supporters offered many of the traditional justifications for criminal law, but they also leaned heavily on a less familiar argument: that creating this crime would, in effect, create care. Indeed, they argued that criminalizing this behavior was a logical response to Tennessee’s opiate epidemic and healthcare crisis, as it would create incentives for judges to draw more treatment resources into court. However, to the extent that the women prosecuted under this law received any care from our legal and social welfare systems, that care was corrupted by its location within or near punishment systems.
LPE Originals

Building a World Without Family Policing

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Far from promoting the well-being of children, the so-called child welfare system weaponizes children as a way to threaten families, to scapegoat parents for societal harms to their children, and to buttress the racist, patriarchal, and capitalist status quo. Torn Apart tears off the benevolent veneer of family policing to reveal its political reality and argues that it must be abolished. To achieve this end, we need a paradigm shift in the state’s relationship to families — a reimagining of the very meaning of child welfare.
LPE Originals

Early Edition: (Some of) the Best New LPE and LPE-Adjacent Scholarship

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With the spring submission season nearly in the books, and our Twitter feeds abuzz with placement announcements, the LPE Blog highlights some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering tech, care, labor, criminal justice, religious freedom, money and banking, property, the administrative state, and so much more, this scouting report is not to be missed.
LPE Originals

Leveraging Law School Clinics Against Family Policing

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Every year, the American family policing system separates roughly half a million children from their parents. This system, though long overlooked, is increasingly being recognized for what it is: a way to control and terrorize politically marginalized communities. To date, however, challenges to family policing have largely focused on state agencies as the primary actors in this system, and courtrooms as the primary battleground, while paying less attention to other driving forces like capitalism, public-private relationships, and the powerful investigative and administrative structures in which the judicial venue is nested. Taking the lead from abolitionist’s broader work that seeks to fundamentally re-draw relationships and the distribution of resources, law school clinics should similarly expand their advocacy beyond now well-trod legal paths.
LPE Originals

Disability and the Cisgender State

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In the escalating wave of anti-trans legislation and administrative violence sweeping the United States over the past several years, the credo on the left has often been that political violence against trans people is mere pretense: a right wing culture war meant to distract from issues more properly political-economic, or a cynical ploy to motivate a conservative voting base. This superficial reading is as naïve as it is dismissive of trans people’s material circumstances. What we need, instead, is a materialist critique that identifies state transphobia as dedicated to the broader neoliberal goal of dismantling public goods and modes of care in the name of cost reduction.

LPE Originals

From Steel to Health Care to Broke

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In Braddock, Pennsylvania – home to America’s first mill for the mass production of steel – more than a third of residents now live beneath the poverty line. How did Braddock go from a steel town to a hospital town to broke?

LPE Originals

Privacy’s Democratic Pushback

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The public square is too often a place of surveillance, violence, hate, and subordination, with members of historically marginalized groups bearing the brunt of these harms. Privacy rights enable marginalized communities to enrich the public sphere while protecting themselves from violence and subordination.
LPE Originals

The Making of a Caregiving Crisis

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A system of employer-based health benefits created not only a fragmented health care financing structure but also an extremely powerful and consolidated industry that now resists changes to that structure.

LPE Originals

Labor Law and Employer Domination: From Steel to Care

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Postwar steelworkers and contemporary healthcare workers inhabited strikingly different economic circumstances. Yet in both eras, courts allocated to companies various powers they could use to impose market discipline on workers, thereby facilitating the degradation of work.
LPE Originals

The Making of a New Working Class

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What happens when the factory is gone and the working class has been rendered dispersed and invisible? In this post, Gabriel Winant kicks off a symposium on his recent book, The Next Shift: The Fall of Industry and the Rise of Health Care in Rust Belt America.