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Articles 1 - 27 of 27
Full-Text Articles in Law
Framing Middle-Class Insecurity: Tax And The Ideology Of Unequal Economic Growth, Martha T. Mccluskey
Framing Middle-Class Insecurity: Tax And The Ideology Of Unequal Economic Growth, Martha T. Mccluskey
Martha T. McCluskey
Prevailing tax discourse rationalizes growing economic inequality. Using the example of state and local economic development “subsidy wars,” this article explores how conventional tax ideas present unequal sacrifice and risk as a public responsibility, driven by economic fact rather than unjust politics. Over the last several decades, one contributing cause of inequality has been the escalating tax and spending incentives offered by local governments to attract private business investment. This competition operates to favor wealthy corporations over small businesses, without producing broad or lasting economic gains to communities, and it erodes resources for public education, infrastructure, social services, health care, …
Registered Savings Plans And The Making Of Middle Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps
Registered Savings Plans And The Making Of Middle Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps
Lisa Philipps
Politicians across Canada’s political spectrum strive to position themselves as defenders of the middle class, and tax policy is a prime vehicle for making this pitch. Any tax reform proposal can be examined critically to evaluate its likely distributional impacts and how well these map onto specific definitions of the middle class. This article attempts, however, a different project. Drawing on the ideas of Judith Butler, it analyzes instead how tax policy produces middle-class identity through the very process of claiming to advance middle-class interests. The case study for this purpose is the rise of tax incentives for saving as …
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin
Kim D. Chanbonpin
In the same moment that law schools are embracing neoliberal strategies in response to the economic crisis caused by declining admissions, students in the classroom have begun to agitate for advance content notices (or “trigger warnings”) to alert them to any potentially trauma-inducing course materials. For faculty who have already adopted a defensive posture in response to threats to eliminate tenure, this demand feels like an additional assault on academic freedom; one that reflects a distressing student-as-consumer mentality. From this vantage point, students are too easily cast as another group of adversaries when, in actuality, students are straw targets who …
Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii
Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii
Harold A. McDougall III
Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and …
Book Review: Nichole Georgeou. Neoliberalism Development And Aid Volunteering, Rowan Cahill
Book Review: Nichole Georgeou. Neoliberalism Development And Aid Volunteering, Rowan Cahill
Rowan Cahill
As Nichole Georgeou explains at the start of her book, the gestation of this study was her immersion and experiences in the field of aid volunteering in Japan and North Vietnam (pp.xv-xviii). This was during the early 1990s, when she was in her early twenties; they were experiences that left her asking huge moral, ethical, political questions about volunteering.
Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez
Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez
Carmen G. Gonzalez
Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article …
Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
Justin Schwartz
Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …
Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz
Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz
Justin Schwartz
Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Justin Schwartz
Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …
Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris
Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …
Debtor’S Prison In The Neoliberal State: “Debtfare” And The Cultural Logics Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Linda E. Coco
Linda E. Coco
The enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) of 2005, amending the Bankruptcy Reform Act of 1978, marks a transformation in bankruptcy law and policy that is representative of larger shifts in dominant economic and political models from “embedded liberalism” to free market “neoliberalism.” BAPCPA’s provisions are part of the new practices of the emergent neoliberal state as they relate to the American middle class segment of the population. In disciplining the middle class, BAPCPA shifts the risk and the responsibility of the lending relationship onto consumer debtors. BAPCPA does this by keeping financially distressed individuals …
Debtor’S Prison In The Neoliberal State: “Debtfare” And The Cultural Logics Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Linda E. Coco
Linda E. Coco
The enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) of 2005, amending the Bankruptcy Reform Act of 1978, marks a transformation in bankruptcy law and policy that is representative of larger shifts in dominant economic and political models from “embedded liberalism” to free market “neoliberalism.” BAPCPA’s provisions are part of the new practices of the emergent neoliberal state as they relate to the American middle class segment of the population. In disciplining the middle class, BAPCPA shifts the risk and the responsibility of the lending relationship onto consumer debtors. BAPCPA does this by keeping financially distressed individuals …
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Deborah M. Weissman
Much has been written about transnational feminist networks and their impacts on the local condition of women. Transborder feminist organizing has reshaped discourses and practice from the local to the international. Global feminist endeavors have influenced the development of international legal standards affecting the circumstances of women and contributed to the gender mainstreaming of human rights initiatives. At the same time, feminist transnationalism has often been identified as the source of tension as efforts have at times resulted in support for a neoliberal agenda propounding empowerment and self-esteem issues, which in turn, has raised questions about who is defining the …
Rotten Social Background And The Temper Of The Times, Angela P. Harris
Rotten Social Background And The Temper Of The Times, Angela P. Harris
Angela P Harris
This essay was submitted to the Alabama Civil Rights and Civil Liberties Law review as part of a symposium on Richard Delgado's essay on "Rotten Social Background." Its publication has been delayed by the destruction caused by the Tuscaloosa/Birmingham tornado in the spring of 2011.
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …
Inscripción Automática Y Voto Voluntario, Pablo Marshall
Inscripción Automática Y Voto Voluntario, Pablo Marshall
Pablo Marshall
Este trabajo analiza las implicancias legales y políticas de la reforma del sistema de votación. La primera parte, jurídica, expone los cambios que se siguen de la transformación del voto obligatorio en voluntario y de la inscripción voluntaria en automática, observando algunos problemas que deberán ser abordados en el futuro. La segunda parte, política, presenta una tesis interpretativa de la reforma que sugiere que ella es un avance de la lógica liberal sobre la lógica democrática en nuestra Constitución y, sobre todo, del proyecto político neoliberal, cuyo objetivo es la completa despolitización de nuestra comunidad.
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
Carmen G. Gonzalez
The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social …
Is It Greek Or Déjà Vu All Over Again?: Neoliberalism, And Winners And Losers Of International Debt Crises, Tayyab Mahmud
Is It Greek Or Déjà Vu All Over Again?: Neoliberalism, And Winners And Losers Of International Debt Crises, Tayyab Mahmud
Tayyab Mahmud
The global financial meltdown and the Great Recession of 2007-09 have brought into sharp relief the uneven distribution of gain and pain in economic crises. The 2009-10 debt crisis of Greece has resulted in a windfall for financial institutions at the expense of tax-payers, a rollback of welfare systems, and impoverishment of the working classes. This result is in tune with a pattern evidenced by the ubiquitous international debt crises of the last three decades, including the Latin American crisis of the 1980s, and the Asian crisis of 1990s. The recurrent international debt crises of the last three decades and …
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
Carmen G. Gonzalez
The articles collected in this volume critically examine the hegemony of market fundamentalism in law, politics, and social theory. They question the underlying premises of market fundamentalism as well as the social, economic, cultural and environmental consequences of policies inspired by this ideology. The authors represent several disciplines (law, economics, anthropology) and various countries (Argentina, Brazil, Colombia, Mexico, the United States, and Venezuela). The topics covered include free trade agreements, Argentina's financial crisis, deregulation in Brazil, the judicial enforcement of economic and social rights, climate change, and the impact of trade liberalization on violence against women. The articles were originally …
Notas Sobre El Derecho El Poder Y La Familia, Pablo Marshall
Notas Sobre El Derecho El Poder Y La Familia, Pablo Marshall
Pablo Marshall
In these notes attempts to explain the constitutional model of family in Chile and discuss some implications that follow this model in light of the influence of law in relations of power into the family. Discusses the relationship of the family with the principle of subsidiarity, the understanding of this relationship by a neoliberal interpretation of this principle and the need for state intervention in intra-family relations, founded on a conception of freedom as non-domination.
Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo
Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo
Bocconi Legal Papers
The ‘rule of law’ has traditionally been conceived as an intrinsically positive and politically neutral ‘tool’, universally valid and capable of being ‘exported’ everywhere. This paper—which represents a synthetic exposition of the ideas expressed in Ugo Mattei and Laura Nader, Plunder: When the Rule of Law is Illegal (Blackwell Publishing, Oxford 2008)—asserts that such an ambiguous concept has a bright and a dark side, the latter being excluded from any public discussion. The rhetoric of the ‘rule of law’ has been used by Western powers in order to justify interventions (mainly) into the ‘developing’ world, that ultimately turned into practices …
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Sefik Tatlic
Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Carmen G. Gonzalez
Giving the poor legal title to the lands they occupy extra-legally (informally) has been widely promoted by the World Bank and by best-selling author Hernando de Soto as a means of addressing both poverty and the scarcity of affordable housing in the urban centers of the global South. Using Bogotá, Colombia, as a case study, this article interrogates de Soto’s claims about the causes of informality and the benefits of formal title. The article concludes that de Soto’s analysis is problematic in three distinct respects. First, de Soto exaggerates the benefits of formal title and fails to consider its risks. …
Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez
Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez
Carmen G. Gonzalez
In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …
Is Nafta A Good Model For China? Lessons From Mexico And The United States, Carmen G. Gonzalez
Is Nafta A Good Model For China? Lessons From Mexico And The United States, Carmen G. Gonzalez
Carmen G. Gonzalez
In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …