New Article: Llezlie Green Coleman, Rendered Invisible: African American Low-Wage Workers and the Workplace Exploitation Paradigm, 60 Howard L.J. 61 (2016). Abstract below:
The narrative of low-wage worker exploitation has increasingly narrowed in focus to reflect the experiences of undocumented immigrant workers whose immigration status makes them particularly vulnerable to wage theft and other denials of their substantive workplace rights. Indeed, much of the scholarship in this area rests solidly at the intersection of immigrant justice and employment law. This article disrupts this paradigm by arguing that this limited narrative has rendered African American low-wage workers invisible. It also draws from the voices of low-wage worker advocates who have borrowed from current activism to announce that #BlackWorkersMatter. Given the role of paradigms in defining which issues merit our attention, analysis, and assessment, this article argues for a shift in the scholarly conversation to consider not only the historical reasons for the distancing of African Americans from worker advocacy, but also the current dynamics that have facilitated this phenomenon. This article draws from critical race theorists’ black/white binary analysis to consider whether there exists an immigrant/non-immigrant binary paradigm in the analyses of low-wage worker exploitation. Finally, it considers the particular vulnerabilities and disadvantages this paradigm creates for African American workers.
News Article: Patrick Marion Bradley, “The Invisibles: The Cruel Catch-22 of being Poor with No ID“, The Washington Post, June 15, 2017.
New Article: Steven Sacco, In Defense of the Eligible Undocumented New Yorker’s State Constitutional Right to Public Benefits, 40 N.Y.U. Rev. L. & Soc. Change 181 (2016). Abstract below:
Under current New York State law, undocumented New Yorkers, (those residing in the U.S. without the federal government’s permission), are ineligible for most state-funded means-tested public benefits, such as Medicaid and Safety Net Assistance. Articles XVII and I of the New York State Constitution nonetheless create a state mandate to provide for the eligible “needy” and ensure equal protection under the law, respectively. This article proposes that, under these state constitutional provisions, financially eligible undocumented residents of New York State possess an affirmative right to receive state-funded public benefits. Policy arguments against this entitlement are unfounded and barriers to enforcement of the right of undocumented New Yorkers to access state benefits are born of politics, not of the law.
Article: Katharine G. Young, Rights and Queues: On Distributive Contests in the Modern State, 55 Colum. J. Transnt’l L. 65 (2016).
Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique challenge to rights and “rights talk.” In exploring the currency of rights and queues in both political and legal terms, the Article illustrates how participants discuss and contest the right to housing in South Africa, the right to health care in Canada, and the right to asylum in Australia. It argues that, despite its appearance in very different ideological and institutional settings, the political discourse of “queues” and especially “queue jumping” commonly invokes misleading distinctions between corruption and order, markets and bureaucracies, and governments and courts. Moreover, queue talk obscures the first-order questions on which resource allocations in housing, health care, or immigration contexts must rely. By bringing much-needed complexity to the concept of “queues,” the Article explores ways in which general principles of allocative fairness may be both open to contestation and yet supportive of basic claims of rights.
Posted in Articles, Development (and Law), Health, housing, Immigration, Legal Aid, Politics, Socio-Economic Rights, Uncategorized, Urban Issues, Welfare
News Article: Caitlin Dewey, Immigrants are going hungry so Trump won’t deport them, Washington Post (Mar. 16, 2017).
Posted in Charity, Children, Family, Food, Immigration, Measuring Poverty, Politics, Race, Uncategorized, War on Poverty, Welfare
News Article: Bill Quigley, Ten Examples of Resistance to Government Raids, Huffington Post (Feb. 22, 2017).