Category Archives: deserving/undeserving

News Coverage of Inequality: Inside the Shadowy, Totally Legal World of High-Priced College Consultants

13college-money-videoLargeNews Coverage of Inequality: Dana Goldstein & Jack Healy, Inside the Shadowy, Totally Legal World of High-Priced College Consultants, NYTimes.com, Mar. 13, 2019.

New Article: The Sharing Economy as an Equalizing Economy

New Article: John O. McGinnis, The Sharing Economy as an Equalizing Economy, 94 Notre Dame L. Rev. (2018). Abstract below:

Economic equality is often said to be the key problem of our time. But information technology dematerializes the world in ways that are helpful to the ninety-nine percent, because information can be shared. This Article looks at how one fruit of the information revolution—the sharing economy—has important equalizing features on both its supply and demand sides.
First, on the supply side, the intermediaries in the sharing economy, like Airbnb and Uber, allow owners of housing and cars to monetize their most important capital assets. The gig aspect of this economy creates spot markets in jobs that have flexible hours and monetizes people’s passions, such as cooking meals in their home. Such benefits make these jobs even more valuable than the earnings that show up imperfectly in income statistics. The law and economics analysis of Hernando de Soto has shown how creating property rights and more formal markets can help those of modest means in the developing world. The sharing economy performs a similar function for people of modest means in the developed world.
Second, on the demand side, the sharing economy also creates gains for consumers that
largely go to the ninety-nine percent. Airbnb finds them cheaper accommodations in places that may have been unaffordable. But the advantages go beyond price. Summoning a ridesharing car almost anywhere with the press of a smartphone is a much closer approximation of having a chauffeur—a hallmark of wealth—than hailing a taxi. The law and economics analysis of Ronald Coase shows how replacing such physical agents with online agents redounds largely to the benefit of those with modest incomes.
If the sharing economy has equalizing as well as efficiency features, regulations must be
careful not to disturb them. But because the sharing economy permits new entry into markets, incumbents will respond with new regulatory efforts to hamper it. This Article provides a taxonomy of the different kinds of regulation to help preserve the equalizing features from being impaired.
The Article ends by showing how the sharing economy more generally problematizes the
conventional story of growing material inequality. The dematerialization of the world provides greater opportunities for broadly shared consumption, like that on Facebook, and improves working conditions, particularly for the middling classes. Only by taking account of these trends can we understand the changing relative material conditions of people.

New Blog Post: Dollar on the Margins

dollar on the marginsNew Blog Post: Matthew Desmond, Dollar on the Margins, The NY Times Magazine.

From the author of “Evicted.”  A living wage is an antidepressant.  It is a sleep aid.  A diet.  A stress reliever.  It is a contraceptive, preventing teenage pregnancy.  It prevents premature death.  It shields children from neglect.

New Blog Post: The most cost-effective way to help the homeless is to give them homes

homeless beds.jpg

New Blog Post: Matthew Yglesias, The most cost-effective way to help the homeless is to give them homes, Vox.com, Feb. 20, 2019.

New Blog Post, Double Feature! Property Law as Poverty Law & The Racial Wealth Gap and the Question of Time Zero

New Blog Post, Double Feature!  Michelle Wilde Anderson, Property Law as Poverty Law & The Racial Wealth Gap and the Question of Time Zero, L. & Pol. Econ. Blog, Feb. 7, 2019.

 

New Article: Improving Outcomes in Child Poverty and Wellness in Appalachia in the “New Normal” Era: Infusing Empathy Into Law

New Article: Jill C. Engle, Improving Outcomes in Child Poverty and Wellness in Appalachia in the “New Normal” Era: Infusing Empathy Into Law, 120 W. Va. L. Rev. (2018).  The article is available for download.

 

New Article: The Child Welfare and Education Gap

New Article: Eric Chung, The Child Welfare and Education Gap, 36 Yale L. & Pol’y Rev. 365 (2018). Abstract below:

Given the overlapping interests between child welfare and education, one might expect federal laws and policies in these two areas to work in tandem. But in the United States, they have not. With food, nutrition, and early childhood programs among the few exceptions, welfare and education laws have largely been embodied in separate statutes and administered by different agencies. Since their advent and evolution from the 1900s to the present, welfare laws have become increasingly and predominantly concerned with regulating mothers and families, while education laws have become increasingly and predominantly concerned with regulating teachers and schools. Neither area of law has prioritized children as its direct beneficiaries. This Article argues that this misdirected attention is responsible for why these two areas remain disconnected: both welfare and education laws have ignored the immediate needs of children, while focusing instead on regulating the institutions surrounding them. If children were placed at the center of public benefits, the importance of linking adequate child welfare and education systems would become more obvious, as it has been for the food, nutrition, and early childhood programs that buck this trend. After analyzing the gap between these two areas of law, this Article proposes a reconceptualization and unification of child welfare and education laws and policies to better serve socioeconomically disadvantaged children and their families.

New Article: Things Fall Apart: Hard Choices in Public Interest Law

New Article: Anthony Victor Alfieri, Things Fall Apart: Hard Choices in Public Interest Law, 31 Georgetown J. L. Ethics 335 (2018).  Abstract below:

This essay frames the dilemmas of law school clinic and public interest law firm triage decision-making against the backdrop of the current national crisis in access to justice. The essay coincides with a moment of renewed academic interest and resurgent legal activism in inner cities for advocates pursuing law reform campaigns, academics studying social justice movements, and activists organizing low-income communities, especially historically burdened communities of color. The essay proceeds in four parts. Part I briefly traces the history of a community-based law reform campaign recently advanced in Miami and the nettlesome public interest legal ethics questions left in its wake. Part II examines the basic form and content of public interest law triage regimes and the difficult dilemmas of lawyer and law firm triage decision-making in the context of community-based advocacy. Part III considers the dominant norms and practices of the community lawyering movement explicated by the founders of the Community Justice Project, a path breaking Florida public interest law firm and a national leader in the field of social justice. Part IV assesses an alternative set of norms and practices of social justice lawyering deduced from current work on the ethics of movement lawyering.

New Article: Another Day Older and Deeper in Debt: Mitigating the Deleterious Effect of Wage Garnishments on Appalachia’s Low-Wage Workers

New Article: Faith Mullen, Another Day Older and Deeper in Debt: Mitigating the Deleterious Effect of Wage Garnishments on Appalachia’s Low-Wage Workers, 120 W. Va. L. Rev. (2018).  The article is available for download.

 

New Report: Unworkable & Unwise: Conditioning Access to Programs that Ensure a Basic Foundation for Families on Work Requirements

New Report: Kali Grant, Funke Aderonmu, Sophie Khan, Kaustubh Chahande, Casey Goldvale, Indivar Dutta-Gupta, Aileen Carr & Doug Steiger, Unworkable & Unwise: Conditioning Access to Programs that Ensure a Basic Foundation for Families on Work Requirements, Economic Security and Opportunity Initiative (Jan. 2019).

Overview: This working paper outlines the ramifications of taking away Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance from those who do not document meeting new work and community engagement requirements. The paper underscores how proposals that take away basic assistance from people who don’t meet work requirements are ill-informed, ineffective, inefficient, and inequitable, while alternative policies would produce far better outcomes.