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Full-Text Articles in Law

Stimulus And Civil Rights, Olatunde C.A. Johnson Jan 2011

Stimulus And Civil Rights, Olatunde C.A. Johnson

Faculty Scholarship

Federal spending has the capacity to perpetuate racial inequality, not simply through explicit exclusion, but through choices made in the legislative and institutional design of spending programs. Drawing on the lessons of New Deal and postwar social programs, this Essay offers an account of the specificfeatures offederal spending that give it salience in structuring racial arrangements. Federal spending programs, this Essay argues, are relevant in structuring racial inequality due to their massive scale, their creation of new programmatic and spending infrastructures, and the choices made in these programs as to whether to impose explicit inclusionary norms on states and localities. …


Can Joe The Plumber Support Redistribution? Law, Social Preferences, And Sustainable Policy Design, Gillian Lester Jan 2011

Can Joe The Plumber Support Redistribution? Law, Social Preferences, And Sustainable Policy Design, Gillian Lester

Faculty Scholarship

How does one win popular support for laws designed specifically to redistribute economic wealth? One can hardly gainsay that this is a – perhaps the – defining issue for domestic policy in the age of President Obama. Even as the recent financial crisis has exposed the need for a reliable social safety net, attempts to respond through the political and legislative arenas have triggered increasingly hostile responses among conservatives, populists, Massachusetts voters, and incipient tea partiers. The puzzle of how to attract and preserve public support for law reform aimed at redistribution – of both income and risk – is …


Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity, Gillian Lester Jan 2011

Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity, Gillian Lester

Faculty Scholarship

Trade unions in both North American and Europe have long embraced — at least rhetorically, but often manifestly — participation in the civic and political spheres as part of their mission. In recent years, however, unions — especially in America — have come to be seen by many, rightly or wrongly, as pursuing their own ‘special interests’. Unions possess the technology of social mobilization, but have often (and not unreasonably) focused their resources on grassroots organizing and local bargaining strategies. At a time when unions are seeking levers for revitalization, a promising path is for them to use their mobilization …