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LPE Originals

The Carceral Conjuncture in Central Appalachia

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As a result of jail and prison expansion in Eastern Kentucky, the region has become a center of gravity in the fight over the future of the carceral state. To understand this carceral boom, we need to appreciate how multiple crises have converged in Eastern Kentucky to produce a historical moment – a conjuncture – in which prisons and jails serve as putative solutions to a variety of social and economic problems.
LPE Originals

Terrorism Torts and the Right to Colonize

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The D.C. Circuit appeals court heard arguments last month in a bizarre case: the Jewish National Fund is leading a lawsuit against the U.S. Campaign for Palestinian Rights, a nation-wide coalition of groups advocating for Palestinian liberation, on accusations of supporting terrorism. A look at the political economy of terrorism tort litigation shows how this lawsuit is not merely an instance of terrorism laws potentially trampling human rights; it is also an aggressive assertion of a right to colonize, and to do so in peace and quiet.
LPE Originals

Reconsidering the Future

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Reconsidering Reparations offers several sound policy proposals about how to pursue reparations and climate justice. Yet its main contribution to the realm of climate politics has little to do with policy. Rather, it’s about a way of situating oneself in historical time. Unlike ordinary philosophical parables that freeze time and abstract away from specific places (think of the “trolley problem” or the “veil of ignorance”), Táíwò is arguing that the big picture is always historical, and always spatially complex. This shift in orientation will change how we see environmental or climate issues, but it will also change how we see much else.
LPE Originals

Where the Law Falls Short: The Value of an Interdisciplinary Approach to Problem Solving

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Many of us went to law school in the hopes of acquiring the tools necessary to contest and overhaul systems of oppression that have harmed our families and communities. The law, as we saw it, was the means or site of resolution. Yet for the increasingly complex and interconnected social problems that face our communities, traditional means of lawyering through direct services and litigation are often insufficient and ill-fitting. By taking an interdisciplinary approach, Berkeley’s Policy Advocacy Clinic is able to locate creative, non-litigation strategies to address systemic racial, economic, and social injustice.
LPE Originals

Designing an Emancipatory Clinic

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By helping students understand the broad extractive forces that shape the lives of precarious communities under racial capitalism, CUNY’s Community & Economic Development Clinic seeks to train not just technicians, but movement lawyers who partner with grassroots organizing groups.
LPE Originals

Leveraging Law School Clinics Against Family Policing

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Every year, the American family policing system separates roughly half a million children from their parents. This system, though long overlooked, is increasingly being recognized for what it is: a way to control and terrorize politically marginalized communities. To date, however, challenges to family policing have largely focused on state agencies as the primary actors in this system, and courtrooms as the primary battleground, while paying less attention to other driving forces like capitalism, public-private relationships, and the powerful investigative and administrative structures in which the judicial venue is nested. Taking the lead from abolitionist’s broader work that seeks to fundamentally re-draw relationships and the distribution of resources, law school clinics should similarly expand their advocacy beyond now well-trod legal paths.
LPE Originals

Law Clinics and Racial Capitalism

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Law schools are disorienting spaces, particularly for those who arrive seeking tools for justice and transformation. The basic 1L curriculum is steeped in our country’s history of settler colonialism and slavery, and the law taught in the first year largely constitutes a legal infrastructure that has fostered and protected racial capitalism. This symposium highlights how law clinics can disrupt that infrastructure and build toward emancipatory futures.
LPE Originals

International Law and (the Critique of) Political Economy

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International law has a thriving critical scene, arguably bigger and more institutionally established than any other field. Yet political economy has been an unstable point of focus for critical international lawyers, in part because the justifications of the status quo in the international domain never coalesced into anything akin to a ‘21st-century synthesis.’ This picture of fragmentation and instability helps explain why Marxism provides a useful set of intellectual tools for approaching law, in particular, and social formations in general.
LPE Originals

Trans Emancipation Through Challenging the State

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With unrelenting devastation, the lives of transgender people are being targeted in prisons, streets, schools, and state capitals. This all-encompassing violence toward trans/queer people is often framed as a product of individual hate and transphobia, a cynical political ploy, or both. And the solution to such violence is often framed as recognition of trans identities by the state. Two new books by leading scholars of gender and political science broaden our understanding of the source of this violence, underscoring the degree to which it represents a defining feature of government and governing more broadly.

LPE Originals

A Conversation about Marta Russell with Liat Ben-Moshe and Dean Spade

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For the final contribution to our symposium on Marta Russell, Beatrice Adler-Bolton interviews Liat Ben-Moshe and Dean Spade about the connections between their work and Russell’s political economic analysis of disability and law. They outline how Russell’s work fits within Critical Disability and Legal Studies and explore what her critiques have to offer current movements for liberation and economic justice.
LPE Originals

Disability and the Cisgender State

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In the escalating wave of anti-trans legislation and administrative violence sweeping the United States over the past several years, the credo on the left has often been that political violence against trans people is mere pretense: a right wing culture war meant to distract from issues more properly political-economic, or a cynical ploy to motivate a conservative voting base. This superficial reading is as naïve as it is dismissive of trans people’s material circumstances. What we need, instead, is a materialist critique that identifies state transphobia as dedicated to the broader neoliberal goal of dismantling public goods and modes of care in the name of cost reduction.

LPE Originals

The Reactive Model of Reasonable Accommodation

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The concept of reasonable accommodations at the heart of the ADA severely undercuts the efficacy of the law. Employers, public entities, and private businesses are allowed to ignore the inaccessible nature of their programs or activities until an individual with a disability seeks (or begs) for access. This reactive, individualized model does little to prevent mass-produced inaccessibility.

LPE Originals

Moral Equality, Marxism, and Outraged Empathy

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In her earlier work, Marta Russell called readers attention to the economy as a factor producing disablement and argued that we needed to re-embed the market in society, to tame businesses’ need to profit via the social policies of an interventionist state. By the end of her career, however, Russell had gone further, focusing on capitalism itself. Her solution expressed not a Polanyian ideal of a somewhat more egalitarian capitalism, but a Marxist aspiration to a vastly better and more egalitarian society, achievable only by ending capitalism through collective action.
LPE Originals

Capitalism & Disability as Research Agenda

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The late Marta Russell is not a well-known figure among legal scholars and practitioners. She should be. Running throughout her writings is a powerful thesis: in many respects, law works to enable profit-seeking, and disability, as a concept, is crucial to that work.
LPE Originals

Capitalism & Disability: A Symposium on the Work of Marta Russell

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The modern disability rights movement has been primarily oriented around seeking labor inclusion through the expansion of civil rights statutes. Despite this, few disability theorists have approached the study of disability from an explicitly political economic perspective. Marta Russell, the author of several groundbreaking but lesser-known works on disability and capitalism, is one of the rare exceptions. This symposium celebrates her work and encourages the rediscovery of the political economy of disability.