Blog Post: “2015 Poverty Measures Released: Antipoverty Relief Delivered through the IRC = EITC & CTC”

Blog Post: Francine J. Lipman, “2015 Poverty Measures Released: Antipoverty Relief Delivered through the IRC = EITC & CTC,” The Surly Subgroup, Sept. 18, 2016.

Video Lecture by Matthew Desmond: “The David Grossman Memorial Lecture: Eviction, Displacement, and the Fight to Keep Communities Together”

Available here.

News Article: “Obama’s Trickle-Up Economics”

News Article: Paul Krugman, “Obama’s Trickle-Up Economics,” New York Times, Sept. 16, 2016 [summarizing the Census Bureau report showing Obama’s progressive economic policies have been largely successful].

New Article: “The Divorce Bargain: The Fathers’ Rights Movement and Family Inequalities”

New Article: Deborah Dinner, The Divorce Bargain: The Fathers’ Rights Movement and Family Inequalities, 102 Va. L. Rev. 79 (2016).

News Article: “The Failure to Talk Frankly About Poverty”

News Article: New York Times Editorial Board, “The Failure to Talk Frankly About Poverty,” New York Times, Sept. 13, 2016.

Article: “Rebellious Strains in Transactional Lawyering for Underserved Entrepreneurs and Community Groups”

New Article: Paul R. Tremblay, Rebellious Strains in Transactional Lawyering for Underserved Entrepreneurs and Community Groups, 23 Clinical L. Rev. (forthcoming 2016).

In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald López disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply López’s critiques to the work of those practitioners.

I argue here that transactional legal services, or TLS, on behalf of subordinated clients achieves many of the aims of the Rebellious Lawyering project. I separate TLS on behalf of individual entrepreneurs from a more collective TLS on behalf of community or worker groups. For practitioners working with entrepreneurs, the Essay observes that client power, control, and autonomy are more readily achieved, albeit through what López might describe as quite regnant practices. Those practices, I argue, are fully justified in this context. What TLS for entrepreneurs does not accomplish, though, is community mobilization, a downside that is regrettable but not a reason to eschew that kind of work. Collective TLS provides all of the upsides of entrepreneurial TLS while not sacrificing mobilization goals. That version of TLS, though, does present two of its own challenges, one triggered by the complexity and sophistication of the legal issues involved in may community economic development projects, and the second resulting from the nature of group representation.

New Article: “Employment Rights in the Platform Economy: Getting Back to Basics”

New Article: Brishen Rogers, Employment Rights in the Platform Economy: Getting Back to Basics, 10 Harv. L. & Pol’y Rev. 479 (2016).

The employment status of workers for “platform economy” firms such as Uber, Lyft, TaskRabbit and Handy has become a significant legal and political issue. Lawsuits against several such companies allege that they have misclassified workers as independent contractors to evade employment law obligations. Various lawmakers and commentators, pointing to the complexity of existing tests for employment and the costs of employment duties, have responded with proposals to limit platform companies’ liability. This article steps into such debates, using the status of Uber drivers as a test case. It argues that Uber drivers may not fall neatly into either the “employee” or the “independent contractor” category under existing tests. Nevertheless, an important principle underlying those tests — the anti-domination principle — strongly indicates that the drivers are employees. That principle also indicates that proposals to limit platform economy firms’ liabilities are premature at best and misguided at worst.

 

New Report: “Income, Poverty and Health Insurance Coverage in the United States: 2015” – Census Bureau

New Report: U.S. Census Bureau, Income, Poverty and Health Insurance Coverage in the United States: 2015 (Sept. 13, 2016).  News coverage from the L.A. Times here.

News Coverage: “A Question About Friends Reveals a Lot About Class Divides”

News Coverage: Damon Darlin, “A Question About Friends Reveals a Lot About Class Divides,” New York Times, Sept. 1, 2016.

New Book: “From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America”

hintonNew Book: Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America (2016).