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Criminalizing Work And Non-Work: The Disciplining Of Immigrant And African American Workers, Shirley Lung
Criminalizing Work And Non-Work: The Disciplining Of Immigrant And African American Workers, Shirley Lung
University of Massachusetts Law Review
The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility between low-income United States citizens—especially African Americans—and undocumented immigrants. Perceived competition for jobs and racist stereotypes are exploited by opportunistic politicians and employers as well to produce frictions between workers who face similar conditions. Still, there is a strong basis for undocumented and African …
"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee
"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee
University of Massachusetts Law Review
In this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution—a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and underlies the logic of popular sovereignty at the core of our system. Section I develops a conceptual sketch of fundamental law and its features. Section II then turns to the content of “Black Lives Matter” as a constitutional principle and traces its position in the arc …