New Article: Jedediah S. Purdy, Wealth, Inequality, and Democracy, Nomos forthcoming, SSRN 2015. Abstract below:
The renewed debate over inequality has highlighted a set of deficits in much of the last fifty-plus years of thinking on the topic. The late twentieth-century tradition of thinking about distributive justice largely assumed (1) that market dynamics would produce stable and tolerable levels of inequality; and (2) that a relatively powerful, competent, and legitimate state could effectively redistribute to mitigate what inequality did arise. What was largely overlooked in this thought and has since risen to central attention is the prospect that (1) accelerating levels of market-produced inequality will (2) undermine the legitimacy and efficacy of the state and disable the political community from effectively pursuing distributive justice. This paper explains how the earlier assumptions arose, defined the boundaries of distributive justice for decades, and were undermined by developments from both the political left and the political right. At present, the dynamics of inequality appear to be self-perpetuating and self-accelerating, and much of earlier thinking on the topic has been rendered irrelevant by the erosion of its mistaken premises. Only a democratic effort to reconstitute a competent and legitimate state has any prospect of making inequality a tractable problem subject to effective intervention.
Symposium Issue Published: “Education Equality in the Twenty-First Century” by U. Pa. J. Const. L. (2015). Articles below, from the website, after break:
A comment was recently made on the clinic listserv (for those who police such things, don’t worry, I was not on that listserv, the email was forwarded) asking where poverty law was offered so I thought I should work on such a list. If your school offers the class, please note that in the comments and I will expand the list. The list below is not a complete list at all, it is just a start so my apologies if I did not include your class but should have!
- American University
- Inter American University of Puerto Rico
- Loyola-New Orleans
- Northern Illinois University
- St. Thomas
New Article: Lahny R. Silva, Criminal Histories in Public Housing, 2015 Wis. L. Rev. 375.
New Article: Kevin V. Tu, Mission-Driven Corporations and Shareholder Profit, forthcoming GW L. Rev., SSRN 2015. Abstract below:
What is the proper role of the corporation in society? This question, in its many iterations, has inspired decades of debate. The normative question of whether corporations should be viewed as purely private enterprises with the singular objective of maximizing shareholder wealth or alternatively as possessing broader obligations to the public may never be settled. However, the legal question of the extent to which the traditional corporate form permits the pursuit of both shareholder profit and the pursuit of a social missions has taken on new found importance. In light of increased interest and demand for corporations that are also good citizens, the legal uncertainty about the existence of a duty to maximize profits is increasingly problematic for corporate managers and shareholders. The widespread addition of the Benefit Corporation as a new legal entity capable of facilitating dual objectives of profit and social missions only adds to the immediacy of the need to resolve this question. While Benefit Corporation statutes provide added certainty for those that elect to organize in that form, the broader impact on existing business entities may be significant. This Article evaluates several unintended consequences that may adversely impact the existing legal framework for traditional corporations, and concludes that the adoption of Benefit Corporation statutes without further efforts to clarify the fundamental question of the extent to which traditional corporations may pursue social missions will result in a more complex and inefficient environment for corporate decision-making.