All content categorized with: Social Commentary
Filter
Post List
Abolition Economics
Over the past several decades, Law & Economics has established itself as one of the most well-known branches of interdisciplinary legal scholarship. The tools of L&E have been applied to a wide range of legal issues and have even been brought to bear on Critical Race Theory in an attempt to address some of CRT’s perceived shortcomings. This Article seeks to reverse this dynamic of influence by applying CRT and related critical perspectives to the field of economics. We call our approach Abolition Economics. By embracing the abolitionist ethos of “dismantle, change, and build,” we seek to break strict disciplinary habits of modelling and identification, destabilize value systems implicit in mainstream economics, model society more fully as made up of interconnected humans, and develop a richer and more realistic understanding of racialized economic inequality, hierarchy, and oppression. We argue that, contrary to accepted disciplinary conventions, such an endeavor does not introduce new (inappropriate) ideological content into (objective) economics; rather, this endeavor is necessary to fully reveal the ideological content already embedded in mainstream economics as it is currently practiced, and the consequences of that embedding in supporting the functioning of systems of racial capitalism and racial injustice. We believe that imagining the possibility of a different economics—an Abolition Economics—can be an act not only of resistance but, crucially, of freedom-making.Reviving Indian Country: Expanding Alaska Native Villages’ Tribal Land Bases Through Fee-to-Trust Acquisitions
For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and still is cited as the primary prohibition to trust acquisitions in Alaska. Essentially, ANCSA both reduced Indian Country in Alaska and prohibited any opportunities to create it, leaving Alaska Native Villages without the significant territorial jurisdiction afforded to Lower 48 tribes. However, recent policy changes from the Department of Interior reaffirmed the eligibility of trust acquisitions post-ANCSA and a proposed rule from the Bureau of Indian Affairs signals a favorable presumption of approval for Alaska Native fee-to-trust applications. This Note reviews the history and controversy of trust acquisitions in Alaska, and more importantly, it demonstrates the methods in which Alaska Native Villages may still acquire fee land for trust acquisitions after ANCSA.Racism Pays: How Racial Exploitation Gets Innovation Off the Ground
Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because they have monopsony power to do so. Workers of color have far fewer outside options than white workers, owing to intentional and structural discrimination against workers on the basis of their race. In the emerging digital economy, racial exploitation has paid off by giving innovators a workforce that is cheap, easy to scale, flexible, and productive—the kind of workforce that is especially useful in digital markets, where a first-mover advantage often translates to winner-take-all. This Paper argues that these workers should be paid the marginal revenue product of their labor, and it proposes a number of potential ways to do so: by increasing worker compensation or worker power. More generally, I argue that we should value the essential contributions of workers of color and immigrant workers who make innovation possible.Unraveling the International Law of Colonialism: Lessons From Australia and the United States
In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In this Article we examine how the Doctrine of Discovery was adapted and applied in Australia and the United States. As Indigenous peoples continue to press for a re-examination of their relationships with governments, we also consider whether and how the international law of colonialism has been mitigated or unraveled in these two countries. While we find that the Doctrine lingers, close examination provides several important lessons for all Indigenous nations and governments burdened by colonization.Africana Legal Studies: A New Theoretical Approach to Law & Protocol
“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg CarrMJRL Statement on SCOTUS Overturning Roe v. Wade
On Friday, the Supreme Court officially overturned Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women’s Health Organization. Dobbs eradicates what has been the law of the land for nearly half a century: that the Constitution protects the fundamental right to an abortion. This decision has…Reappropriation and USPTO[i]
By: Kathy Jara, Associate Editor, Vol. 27 Linguistic reclamation[ii] of racist slurs has been described as “the process of taking possession of a derogatory label – usually introduced by a dominant group – by stigmatized group members.”[iii] Scholars believe this practice can empower marginalized groups because…BLOG 2: Runaway Slave Advertisements & Counting Violent Extremism
By: Rihan Issa, Executive Articles Editor, Vol. 27 In part one of the blog series, I presented an overview of Simone Browne’s argument in Dark Matters. She argues that one cannot understand the history of surveillance without examining its racial past. She presents a few examples of the racial roots…
International Tax Law and the Legacy of Colonialism
By: Madelyn Hughes, Associate Editor, Vol. 27 During the 1884 Berlin Conference, European powers including Britain, France, Spain, and Belgium met to carve up the African continent to create colonies in what was known as the “Scramble for Africa.”[i] For decades after this conference, African countries were stripped…BLOG 1: Dark Matters: On the Surveillance of Blackness & Countering Violent Extremism
By: Rihan Issa, Executive Articles Editor, Vol. 27 Government surveillance is inevitable in our current reality. So present, it seems it is a fact of life rather than a direct invasion into the lives of marginalized communities. Government surveillance obstructs marginalized communities’ growth and transformation into healthy, safe, and vibrant…
