Category Archives: Employment

News Article: How to ensure everyone a guaranteed basic income

News Article: Steven Pearlstein, How to ensure everyone a guaranteed basic income, Washington Post (Mar. 24, 2017).

Article: What Diversity Contributes to Equal Opportunity

Article: Stephen M. Rich, What Diversity Contributes to Equal Opportunity, 89 S. Cal. L. Rev. 1111 (2016).

The ideal of diversity so pervades American public life that we now speak of diversity where we once spoke of equality. Yet we seldom pause to consider the costs that have accompanied this shift. In Grutter v. Bollinger, the Supreme Court held that a public university’s use of racial preferences in student admissions will not violate equal protection if the challenged admissions policy is narrowly tailored to achieve the university’s compelling interest in student body diversity. Rather, however, than quieting public controversies about affirmative action, the decision has been a frequent target of legal and political attack. Grutter and the Court’s subsequent decisions in Fisher v. University of Texas at Austin have established the dominant legal conception of diversity, but they have also left many questions unanswered concerning the applicability of Grutter’s diversity rationale outside of the educational context. This Article rejects Grutter’s rationale, but not the relevance of diversity to the goal of equal opportunity. It demonstrates that Grutter’s rationale underserves equal opportunity by deferring to institutional constructions of diversity’s benefits, naively equating the achievement of numerical diversity with the accomplishment of those benefits, and failing to distinguish between exploitative and egalitarian uses of diversity. This Article uses the popular conception of diversity found in business settings and managerial literature as a foil for the legal conception. On the one hand, by conceiving of diversity as a business resource, managerial discourse advocates for exploitative uses of diversity, thereby widening the gap between diversity and equal opportunity. On the other hand, because the value of diversity as a business resource turns in part on the professional growth and achievement of individual workers, managerial discourse sometimes invokes the concept of diversity in order to promote new institutional practices that extend professional opportunities to all persons, regardless of social status. Managerial discourse thus reveals important dangers and possibilities inherent within the concept of diversity that have yet to be explored in legal discourse. This Article marshals those lessons to propose a reconstruction of Grutter’s diversity rationale to fulfill its potential as an instrument of equal opportunity, even outside of the educational context and even when an institution does not rely on affirmative action.

Blog Post: What happens to poor people if there is no affordable legal aid?

Blog Post: Kendra Allen, What happens to poor people if there is no affordable legal aid?, The Daily Wrag (Mar. 21, 2017).

 

 

News Article: Trump Budget Proposal Reflects Working-Class Resentment of the Poor

News Article: Eduardo Porter, Trump Budget Proposal Reflects Working-Class Resentment of the Poor, N.Y. Times (Mar. 7, 2017).

News Article: Democrats can’t win until they recognize how bad Obama’s financial policies were

News Article: Matt Stoller, Democrats can’t win until they recognize how bad Obama’s financial policies were, Washington Post (Jan. 12, 2017).

News Article:

News Article: John Bouman, What’s at Stake in the States, The Shriver Brief (Feb. 23, 2017).

News Article: The biggest beneficiaries of the government safety net: Working-class whites

News Article: Tracy Jan, The biggest beneficiaries of the government safety net: Working-class whites, Washington Post (Feb. 16, 2017).

Series: The New Face of American Unemployment

Series: Jeanna Smialek and Patricia Laya, The New Face of American Unemployment, Bloomberg (2017).

News Article: The Adults a Medicaid Work Requirement Would Leave Behind

News Article: Abby Goodnough, The Adults a Medicaid Work Requirement Would Leave Behind, New York Times (Feb. 25, 2017).

News Article: Can Miami Convince The Supreme Court That Subprime Loans Hurt Cities, Too?

News Article: Amelia Thomson-DeVeaux, Can Miami Convince The Supreme Court That Subprime Loans Hurt Cities, Too?, FiveThirtyEight (Nov. 8, 2016).