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Articles 1 - 13 of 13
Full-Text Articles in Law and Race
Abolition Economics, Jessica Wolpaw Reyes, René Reyes
Abolition Economics, Jessica Wolpaw Reyes, René Reyes
Michigan Journal of Race and Law
Over the past several decades, Law & Economics has established itself as one of the most well-known branches of interdisciplinary legal scholarship. The tools of L&E have been applied to a wide range of legal issues and have even been brought to bear on Critical Race Theory in an attempt to address some of CRT’s perceived shortcomings. This Article seeks to reverse this dynamic of influence by applying CRT and related critical perspectives to the field of economics. We call our approach Abolition Economics. By embracing the abolitionist ethos of “dismantle, change, and build,” we seek to break strict …
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Michigan Journal of Race and Law
Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …
Racial Discrimination In Life Insurance, William G. Gale, Kyle D. Logue, Nora Cahill, Rachel Gu, Swati Joshi
Racial Discrimination In Life Insurance, William G. Gale, Kyle D. Logue, Nora Cahill, Rachel Gu, Swati Joshi
Law & Economics Working Papers
We examine the historical and statistical relationship between race and life insurance. Life insurance can play a central role in households’ financial security. Race has played an important and changing role in the provision of life insurance in the U.S. from slave insurance before the Civil War, to “Scientific Racism” continuing into the 20th century, to policies that do not explicitly mention race in recent decades. In empirical work using new data, we confirm earlier work showing that Black individuals have higher life insurance coverage rates than white individuals, controlling for observable characteristics. We find no difference in the likelihood …
Aligned: Sex Workers’ Lessons For The Gig Economy, Yvette Butler
Aligned: Sex Workers’ Lessons For The Gig Economy, Yvette Butler
Michigan Journal of Race and Law
Society’s perception of a type of work and the people who engage in money-generating activities has an impact on whether and how the law protects (or does not protect) the people who perform those activities. Work can be legitimized or delegitimized. Workers are protected or left out to dry depending upon their particular “hustle.” This Article argues that gig workers and sex workers face similar challenges within the legal system and that these groups can and should collaborate to their collective advantage when seeking reforms. Gig workers have been gaining legitimacy while sex workers still primarily operate in the shadow …
Foreword: Innocent Until Proven Poor, Sara Zampierin
Foreword: Innocent Until Proven Poor, Sara Zampierin
Michigan Journal of Race and Law
One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.
Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani
Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani
Michigan Journal of Race and Law
Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These …
Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott
Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott
Michigan Journal of Race and Law
Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their …
Keynote Remarks, Vanita Gupta
Keynote Remarks, Vanita Gupta
Michigan Journal of Race and Law
In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society. Because discrimination in so many areas—from the classroom, to the …
Time To Step Up: Modeling The African American Ethnivestor For Self-Help Entrepreneurship In Urban America, Roger M. Groves
Time To Step Up: Modeling The African American Ethnivestor For Self-Help Entrepreneurship In Urban America, Roger M. Groves
Michigan Journal of Race and Law
When the United States Congress passed legislation in late 2000 to revitalize the urban core with incentives for equity investors, African Americans were inconspicuously absent as stakeholders in the enterprise. Subsidies in the form of tax credits were instead gobbled up by investor groups who developed upscale hotel-convention centers, high priced condominiums, and symphony orchestra venues that the pre-existing poor residents could not afford. The focus of this Article is not to blame those investors who took advantage of the opportunity, though they perverted the purpose of the subsidy. Rather, this Article seeks to identify a new substrata of the …
The Ethnic Question In Law And Development, Lan Cao
The Ethnic Question In Law And Development, Lan Cao
Michigan Law Review
World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability, by Professor Amy Chua, is an analytically complex narrative of contemporary ethnic violence in the current era of globalization. Although such violence has historical roots, according to Chua it has also been fueled by free-market forces and democratization. The book is a forceful and provocative indictment of the current U.S. policy of promoting and exporting markets and democracy to developing and formerly communist, market-transitional countries. In her book, Professor Chua applies her thesis - that ethnicity, global capitalism, and democracy are a volatile mix - …
Reparations As Redistribution, Kyle D. Logue
Reparations As Redistribution, Kyle D. Logue
Articles
The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering effects of …
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Michigan Law Review
What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of the Ackerman/ …
Repossession: Of History, Poverty, And Dissent, Martha Minow
Repossession: Of History, Poverty, And Dissent, Martha Minow
Michigan Law Review
A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones