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: Eviction Companies Pay the Homeless Illegally Low Wages to Put People on the Street

News Article: Elizabeth Flock, Eviction Companies Pay the Homeless Illegally Low Wages to Put People on the Street, Washington City Paper (Feb. 23, 2017).

New Article: “Evolving Contours of Immigration Federalism: The Case of Migrant Children”

New Article: Elizabeth Keyes, Evolving Contours of Immigration Federalism: The Case of Migrant Children, 19 Harv. Latino L. Rev. 33 (2016).

News Article: Jason Chaffetz’s iPhone comment revives the ‘poverty is a choice’ argument

News Article: Philip Bump, Jason Chaffetz’s iPhone comment revives the ‘poverty is a choice’ argument, Washington Post (Mar. 7, 2017).

New Article: “Bail Nullification”

New Article: Jocelyn Simonson, Bail Nullification, 115 Mich. L. Rev. 585 (2017).  Abstract below:

This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be true: that although bail is ostensibly a regulatory pretrial procedure, for indigent defendants it often serves the function that a real trial might, producing guilty pleas and longer sentences when an individual cannot afford to pay their bail. By examining the ways in which community bail funds serve the functions that a nullifying jury might—allowing popular participation in an individual case to facilitate larger resistance to the policies and practices of state actors—this Article argues that community bail funds have the potential to change how local criminal justice systems operate on the ground, shifting and shaping political and constitutional understandings of the institution of money bail. Community bail funds give a voice to populations who rarely have a say in how criminal justice is administered, especially poor people of color. And the study of bail funds helps point toward other ways in which bottom-up public participation can help create a criminal justice system that is truly responsive to the communities that it is ultimately supposed to serve.

News Article: Ten Examples of Resistance to Government Raids

News Article: Bill Quigley, Ten Examples of Resistance to Government Raids, Huffington Post (Feb. 22, 2017).

New Article: “Under-Propertied Persons”

New Article: Marc Roark, Under-Propertied Persons, forthcoming Cornell J. L. & Pub. Pol’y.  Abstract below:

Property shapes the way we talk about our communities and ourselves. It also, unintentionally, shapes the way we talk about the poor. Within property, the doctrine of waste reinforces notions of autonomy, privacy, and boundary-making for property owners, while leaving those without property searching for other ways to assert these self-defining protections. Likewise, nuisance assists owners’ participation in their communities by dictating when individuals must account for harms their property use causes to neighbors. The law, however, provides few legal remedies for poor persons who are harmed by owners’ sanctioned use of property. Through the language of ownership, property doctrines facilitate special benefits for those with property, while forcing those outside of property to seek other means to assert similar benefits. Owners — landlords of gap rentals, public housing authorities, and cities — often treat their poorest residents as problems to be managed rather than residents deserving autonomy and community. Housing units are destroyed, families are displaced, and homeless are forced further out of sight. The doctrines and rules that encourage these outcomes focus on the improper, the impaired, or the imperfect instead of facilitating discourse about how living environments promote human flourishing for these residents. In this way, our property system’s rules and language create a class of persons who are under-propertied, under-housed, and under-valued.

Video: Gunner’s Journey

Video: Gunner’s Journey, by Jeremy Meek with Dine Policy Institute.

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).