Category Archives: Socio-Economic Rights

New Article: “Fines, Fees, and Forfeitures”

Beth A. Colgan, Fines, Fees, and Forfeitures, SSRN, August 15, 2107.  Abstract below:

The use of fines, fees, and forfeitures has expanded significantly in recent years as lawmakers have sought to fund criminal justice systems without raising taxes. Concerns are growing, however, that inadequately designed systems for the use of such economic sanctions have problematic policy outcomes, such as the distortion of criminal justice priorities, exacerbation of financial vulnerability of people living at or near poverty, increased crime, jail overcrowding, and even decreased revenue. In addition, the imposition and collections of fines, fees, and forfeitures in many jurisdictions are arguably unconstitutional, and therefore create the risk of often costly litigation. This chapter provides an overview of those policy and constitutional problems and provides several concrete solutions for reforming the use of fines, fees, and forfeitures.

 

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Op-Ed: “In California, poor people go to jail, rich people go free. How long will this go on?”

Editorial Board, In California, poor people go to jail, rich people go free. How long will this go on?, The Sacramento Bee, August 28, 2017. [A look into California’s cash bail system and its disparate effect on California’s less fortunate.]

Op-Ed: “People who get Medicaid are made to feel powerless. That pushes them out of politics and toward fatalism.”

Jamila Michener, People who get Medicaid are made to feel powerless. That pushes them out of politics and toward fatalism.People who get Medicaid are made to feel powerless. That pushes them out of politics and toward fatalism.People who get Medicaid are made to feel powerless. That pushes them out of politics and toward fatalism., Washington Post Aug. 17, 2017. [An empirical approach to the emotional and psychological effects of Medicaid reception.]

Op-Ed: “Fran works six days a week in fast food, and yet she’s homeless: “It’s economic slavery””

Dominic Rushe, Fran works six days a week in fast food, and yet she’s homeless: “It’s economic slavery”, The Guardian Aug. 21, 2017. [An account of the experiences of Fran Marion and others who are leading the charge for a raised minimum wage.]

Forthcoming Book: “Fragmented Democracy: Medicaid, Federalism, and Unequal Politics”

Jamila Michener, Fragmented Democracy: Medicaid, Federalism, and Unequal Politics, Cambridge University Press. Preface Below:

 

Op-Ed: “What a Revived Poor People’s Campaign Needs to Do in the Trump Era”

Amanda Abrams, What a Revived Poor People’s Campaign Needs to Do in the Trump Era, Yes Magazine Aug. 18, 2017. [“For the new movement to gain national traction, it will need to draw in poor and working-class Whites.”]

New(ish) Symposium Published: “Law and Inequality”

I missed the publication of this symposium by the Yale Law and Policy Review so here it is a bit dated:

Law and Inequality: An American Constitution Society Conference at Yale Law School
October 16 and 17, 2015

FEATURE
Martha T. McCluskey, Frank Pasquale & Jennifer Taub
FEATURE
Frank Pasquale

News Article: “States with Large Black Populations are Stingier with Government Benefits”

Alana Samuels, “States with Large Black Populations are Stingier with Government Benefits“, The Atlantic, June 6, 2017.

New Article: “After Flint: Environmental Justice as Equal Protection”

New Article: David A. Dana & Deborah Tuerkheimer, After Flint: Environmental Justice as Equal Protection, 111 Nw. U. L. Rev. 879 (2017).  Abstract below:

This Essay conceptualizes the Flint water crisis as an archetypical case of underenforcement—that is, a denial of the equal protection of laws guaranteed by the U.S. Constitution. Viewed as such, the inadequacy of environmental regulation can be understood as a failure that extends beyond the confines of Flint; a failure that demands a far more expansive duty to protect vulnerable populations.

Article: Rights and Queues: On Distributive Contests in the Modern State

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.