Animal agriculture relies on cultural myths about farming. The animal rights movement seeks to build countervailing narratives that center the ugly reality. The result is an ongoing legal battle about speech, truth, and visibility.
Big Meat’s rise to power is not the result of entrepreneurial savvy exercised in a free market. Multinational meat conglomerates have flourished because they are massively subsidized at the public’s expense.
While leftists begin to coalesce in opposition to industrial meat production, the imagined left alternative remains ill-defined. The goal of this symposium is to crack open these conversations on the blog.
Like all modern organizations, modern states are subject to a “data imperative”: a mandate to mine data and to decide what to manage based on what can be measured. In service of data-hungry machine learning techniques, the state (and its contractors) find themselves compelled not only to seek and demand new kinds of data, but also to mine it in a somewhat agnostic fashion to find the relations that stick. It is no longer necessary to flatten society to make it legible (as high modernism required); instead, ubiquitous data capture means that categories emerge inductively from regularities observed in the data.
Despite the disproportionate impact of climate change on vulnerable populations who have been largely ignored due to their racialization, legal scholarship on climate displacement has often adopted a doctrinal approach that fails to analyze the underlying systemic causes of the climate crisis and its relationship to race and racism.
The reinterpretation of antitrust in terms of “consumer welfare” has not resulted in bountiful consumer welfare, but oligarchy unleashed. But, as I wrote in the Journal of Law and Political Economy, antitrust can be a force for fairness and democracy again. A reimagined antitrust law that restricts consolidation of business assets and permits certain forms of coordination among small actors would limit domination and disperse power.
American negotiation theory started as, and for a long time remained, an engagement with labor and class relations. When early scholars developed their theories of negotiation in the context of workplace conflict, they did so in a moment when many workers were familiar enough with Marxist theories of class struggle to readily believe that some differences—for example, between management and labor—were not reconcilable, no matter how one performed in a negotiation. In this context, negotiation theorists aimed to open a space for potentially harmonious group relationships by introducing the concept of “integration”— the idea that labor and management could reorient their interests by creating new common values together.
It is an exercise in futility to accept the legitimacy of colonial constructs such as race, gender, property, and state sovereignty, and then work to equalize relations defined in these terms. These constructs are, themselves, the “master’s tools,” designed to perpetuate relations of domination and subordination. Moreover, a more equitable division of the spoils of conquest, should that be possible, wouldn’t change the underlying power dynamics. This is because settler sovereignty has been defined precisely to prevent those under the state’s claimed jurisdiction from exercising self-determination, the right of all peoples to “freely determine their political status and freely pursue their economic, social and cultural development.”
The Editors in Chief of JLPE kick off our series celebrating its first issue!
This letter seeks to acknowledge how legal academia facilitates mass incarceration. Law professors must do more than teach the blackletter law, and we ask scholars for a commitment to situate their teaching of criminal law within the larger history and current context.
Proposals that challenge carceral punishment fail to address the criminal law responses that govern gender-based violence. The failure to include gender violence offenses within progressive reform initiatives often serves to categorize those who have engaged in such harm as unworthy of the benefits of reform.
All defendants need the opportunity to raise complaints with their representation before appeal. Reserving this for only those who were already able to hire counsel of their choice operates to further disenfranchise the most vulnerable people charged with crimes.
The failure to hold police accountable for their toxic culture has and continues to threaten the safety and Constitutional protections of vulnerable communities and disfavored groups.
Announcing our latest symposium on the criminal legal system and the current movement to transform it.
This post is part of our symposium on socialist constitutionalism. The Federalist Society leverages right-wing legal change by promoting constitutional originalism as a seemingly noble and neutral foundation for neoliberal political economy. Without a comparably accessible and compelling contrary first principle, left and centrist law and politics can appear to be a diffuse agenda of contested…
