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LPE Originals

The Deficit Myth: Banking Between The Lines

“Now, the rest is up to us because we are responsible for each other and to each other.  We are responsible to the future, and not to Chase Manhattan Bank.” –– James Baldwin This post is part of our symposium on Stephanie Kelton’s The Deficit Myth. You can find the full symposium here.  Several commenters have argued that…

LPE Originals

Breadth and Taxes

Emma Caterine explains why taxation does not need to be the bitter salve taken with every spoonful of sugar – it is and always has been a way to provide for the general welfare, and how C.J. Roberts in Sebelius may have unwittingly opened the door to an MMT approach to understanding taxation.

LPE Originals

An Abolitionist Horizon for Child Welfare

This post is part of a series on Black Lives Matters. The COVID-19 pandemic and police killings of George Floyd and other Black men and women have starkly revealed society’s race and class-based inequality and brought unprecedented attention to the excesses of the carceral state. One arm of punitive state regulation, however, has gone largely undiscussed:…

LPE Originals

The Clean Sea Breeze of Bad Men

This is part of our symposium on the legal representation of poor people. In Professor Hershkoff and Loffredo’s post contextualizing their comprehensive handbook within the LPE movement, we can detect a certain irony. As they acknowledge, many lawyers, particularly those trained at elite institutions, eschew the representation of low-income communities for a host of reasons amounting…

LPE Originals

LPE Praxis for Intergenerational Joy

The question of how to put LPE into practice in legal services work naturally raises questions around methodology: who should elucidate and fulfill an agenda for life-affirming social change, and how should we go about it? More specific to lawyering, who should occupy the role of a lawyer fighting alongside her clients for racial and economic justice?

LPE Originals

Politics and Poverty Law

This is part of our symposium on the legal representation of poor people. This past February, I was asked, along with several of my colleagues at CUNY School of Law, to remark on Helen Hershkoff and Stephen Loffredo’s forthcoming book, Getting By. This was a supreme honor, given my admiration for Helen and Stephen’s work…

LPE Originals

LPE in Practice: Why We Wrote Getting By

This is part of our symposium on the legal representation of poor people. Students often ask how they can put “LPE into practice.” Earlier this year (before law schools went remote because of COVID), Professor Angela Harris spoke at NYU Law and addressed this question, emphasizing three key features of moving from theory to practice:…

LPE Originals

The Constitution of Social Progress

Constitutionalism sits at the commanding heights of law. That framework of governing structures, rights, and ideals shouldn’t be abandoned to right-wing and liberal-centrist construction. Socialists and progressives instead ought to embrace a constitutional vision in which legislative and executive power give effect to the spirit of democratic equality that underlies but outruns the Constitution’s text.

LPE Originals

Socialism Past and Future – or Socialism is Past, and the Future?

In Forbath’s telling, Weimar is not a cautionary tale but an opportunity for a do over. There’s much to like, and learn, from rekindling this vision of social democracy. In what follows, I invite other characters to this story, drawing from Mexico’s constitutional history, and raise a few questions about the limits of the social democratic bequest as a compass for our imagination.

LPE Originals

The Relevance of Weimar

Willy Forbath’s return to the Weimar Constitution is inspiring. I will just point out of a couple of limits to turning back to it in the present — limits that strike me as difficult to overcome.

LPE Originals

Socialism Past and Future (Part II of II)

In my last post, I began a discussion of the Weimar Constitution as one of the first constitutions containing provisions for social and economic rights (SER), and perhaps the very first one, in which socialists had an important hand drafting and expounding. The literature on constitutional SER misses a great deal when it casts the Weimar Constitution as a weak, infant version of later SER constitutions, which grew stronger over time.