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Inequality and Stratification Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

Duke Law

Law and Society

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Full-Text Articles in Inequality and Stratification

A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene Jan 2019

A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene

Faculty Scholarship

The puzzle of why the cycle of poverty persists and upward class mobility is so difficult for the poor has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory of poverty, one that introduces the concept of legal immobility. Legal immobility considers the cumulative effects of state and local laws as a mechanism through which poverty is perpetuated and upward mobility is stunted. The Article provides an …