Category Archives: Books

New Book: “Wealth NOMOS LVIII”

New Book: Wealth NOMOS LVIII (Jack Knight and Melissa Schwartzberg eds. 2017).

New Book: “The Poverty of Privacy Rights”

KBNew Book: Khiara M. Bridges, The Poverty of Privacy Rights (Stanford Univ. Press, 2017). Overview below:

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy.

The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have “weak versions” of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers’ experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers’ privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers’ lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

The introduction is also available on SSRN here.

Book: “Dream Hoarders: How the American Upper Middle Class Is Leaving Everyone Else in the Dust, Why That Is a Problem, and What to Do about It”

Richard V. Reeves, Dream Hoarders: How the American Upper Middle Class Is Leaving Everyone Else in the Dust, Why That Is a Problem, and What to Do about It, (2017).

 

New Book: “White Working Class: Overcoming Class Cluelessness in America”

WWC BookNew Book: Joan C. Williams, White Working Class: Overcoming Class Cluelessness in America (2017).

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New Book: “Toxic Inequality: How America’s Wealth Gap Destroys Mobility, Deepens the Racial Divide, and Threatens Our Future”

New Book: Thomas M. Shapiro, “Toxic Inequality: How America’s Wealth Gap Destroys Mobility, Deepens the Racial Divide, and Threatens Our Future” (2017). 

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New Book: “The Color of Law: A Forgotten History of How Our Government Segregated America”

New Book: Richard Rothstein, “The Color of Law: A Forgotten History of How Our Government Segregated America” (2017). 

Article: Racial Subjugation by Another Name? Using the Links in the School-to-Prison Pipeline to Reassess State Takeover District Performance

Article: Steven L. Nelson, Racial Subjugation by Another Name? Using the Links in the School-to-Prison Pipeline to Reassess State Takeover District Performance, 9 Geo. J. L. & Mod. Crit. Race Persp. (2017).

The state takeover of locally governed schools in predominately black communities has not disrupted the racial subjugation of black people in the United States. Using proportional analyses and the cities of Detroit, Memphis, and New Orleans as sites, the researcher finds that state takeover districts have not consistently disrupted the school-to-prison pipeline for black students in urban settings. Furthermore, the researcher found little evidence that would support broader and more intentional efforts to combat the over disciplining of black students in the United States Department of Education’s proposed rules for implementing the Every Student Succeeds Act, the most recent reauthorization of the Elementary and Secondary Education Act. In fact, the legislation perpetuates strategies that have aided the creation of the school-to-prison pipeline and supplies only strong recommendations to replace strategies that have compounded the harm of the school-to-prison pipeline. This finding is important in the context of education reform, particularly as researchers begin to question the motives and results of contemporary education reform. Moreover, this work is important to the current scholarly discussions that consider the many civil rights that black communities are required to exchange for the prospect of better schools.

Jotwell Review of The Poverty Industry

Ezra Rosser, Robbing the Poor, JOTWELL (Nov. 23, 2016) (reviewing Daniel L. Hatcher, The Poverty Industry: The Exploitation of America’s Most Vulnerable Citizens (2016))

Photography Book about Poverty in the United States: “American Realities”

Photography Book about Poverty in the United States: Joakim Eskildsen, American Realities (2014).  Sample of photos in this article.

Personal Reaction to “The New Trail of Tears”

the-new-trail-of-tears-how-washington-is-destroying-american-indians-307x460I decided to briefly respond to Naomi Schaefer Riley’s The New Trail of Tears (2016).  I had thought about doing a (scathing) book review on it, but the guru of all things Indian law, Matthew Fletcher, did a six part take down of the book on The Turtle Talk Blog that says much of what I would say.  As Fletcher writes, “DO NOT READ THIS BOOK if you are a supporter of tribal interests and the future of Indian people, unless you’re interested in learning about a game plan to send 21st century Indian people on a new trail of tears.”  He goes on:

The trap for readers is that TNToT seems like a reform minded book with deep sympathy for Indian people, with the federal government as the bad guy. It’s not. At best, TNToT is paternalism, termination era- and allotment era-style liberalism. NSR characterizes the Indians that live in Indian country as poor, alcoholic, suicidal rapists. Or really, really sad people who are always slowly shaking their heads (classic Vanishing Indian stuff). 

At worst, this is paid propaganda for conservative organizations that tend to support the view that the federal government is a terrible thing. For NSR, Indians are either victims or perpetrators, and need to be saved or punished. Finally, and in my view most importantly, TNToT throughout ignores tribal and Indian property rights, which is ironic given that NSR will frequently refer to property rights as a justification for her conclusions.

It is an incredibly bad book.  It is racist, it’s level of analysis is quite shallow, and it is something that I am surprised got published.  There are scholars who share some of the author’s views regarding the causes of the problems on Indian reservations but their work tends to be less problematic and better reasoned.  I couldn’t help but think as I read the book that if Donald Trump becomes President, the author is someone he might call to set Indian policy.  And for people of this mindset, setting Indian policy means embracing once again allotment and termination.  In other words, the book is filled with recommendations that involve stepping away from self-determination in favor of some of the worst moments in a history filled with bad moments in the relationship between Washington and Indian nations.  Naomi Schaefer Riley’s ultimate goal seems to be similar to that of Andrew Jackson’s, to have Indians go away or melt into the larger American society.  As I said, it is not a good book.