Economic Justice

by Jordan, Emma Coleman

• ISBN13: 9781587789045
• ISBN10: 1587789043
• Format: Hardcover
• Copyright: 2005-07-22
• Publisher: Foundation Pr

Summary

Economic Justice: Race, Gender, Identity and Economics is a new casebook, offered as a means to further the conversation between critical legal scholarship and law and economics. The phrase ?economic justice? signals the authors? aim to engage these two cultures, and to find the answer to questions, such as: ? What can economics tell us about democracy and the law? ? What can theories of justice tell us about economic theory and the law? ? Why is there no legal language of ?class? in the United States, and what might one look like? Economic Justice: Race, Gender, Identity and Economics also uses the problem of racial and gender injustice as a site to interrogate both critical theory and economic theory. Just as race, gender, and class seem inextricably intertwined, economic and critical analysis both seem crucial to unraveling the knot of racial and gender inequality.

Table of Contents

Introduction	v
Acknowledgements	xi
Table of Cases	xxvii
Race, Markets and Neutrality in Two Disciplines	1	(72)
Introduction and Overview	1	(1)
Critical Race Theory: Narrative, Neutrality and the Marketplace	2	(15)
The Death of the Profane	2	(5)
Notes and Questions	7	(10)
A Law and Economics Challenge to the Neutrality of the Critical Race Narrative Methodology	17	(6)
Nuance, Narrative, and Empathy in Critical Race Theory	17	(6)
Notes and Questions	23	(1)
The Narrative of Post-Modern Racism: The ``Microagressions''	23	(10)
Popular Legal Culture: Law as Microaggression	23	(5)
Notes and Questions	28	(5)
Economics and Law: Two Cultures in Tension	33	(10)
Economics and Law: Two Cultures in Tension	33	(10)
Notes and Questions	43	(1)
Judging Race: The Doctrine of Discriminatory Intent	43	(10)
Note About Neutrality in Form, Discriminatory Impact and the Paradox of Statistical Correlation vs. Motivation	43	(1)
Washington v. Davis	44	(5)
Empirical Evidence	49	(4)
Notes and Questions	53	(1)
Neutrality Challenges From Other Social Science Methodologies	53	(20)
Cognitive Psychology---Scientific Evidence of Cognitive Bias?	53	(2)
Civil Rights Perestroika: Intergroup Relations After Affirmative Action	55	(14)
Sociology and Law: Stigma Theory	69	(1)
Understanding the Mark: Race, Stigma, and Equality in Context	69	(4)
States, Markets and the Problem of Governance	73	(70)
Introduction	73	(1)
Law and Political Economy	74	(36)
Structural Liberalism and Its Critiques	76	(1)
The Family and the Market: A Study of Ideology and Legal Reform	76	(6)
Contract Law, the Free Market, and State Intervention: A Jurisprudential Perspective	82	(3)
Notes and Questions	85	(2)
Structural Liberalism and Constitutional Law	87	(1)
DeShaney v. Winnebago County Dep't of Soc. Servs	87	(4)
State Action Is Always Present	91	(2)
Notes and Questions	93	(4)
Structural Liberalism in ``Private'' Law	97	(1)
Un-Making Law: The Classical Revival in the Common Law	97	(13)
Restructuring Structural Liberalism	110	(33)
International Covenant on Economic, Social and Cultural Rights	111	(2)
Rights in Twentieth--Century Constitutions	113	(2)
Constitution of the Republic of South Africa	115	(5)
Justiciable Social Rights as a Critique of the Liberal Paradigm	120	(11)
The Economic Bill of Rights	131	(1)
The New Deal Constitution in Exile	132	(5)
Forty Acres and a Mule: A Republican Theory of Minimal Entitlements	137	(2)
Notes and Questions	139	(4)
Classic Market Theory and Law and Economics	143	(90)
Classic Market Theory	143	(10)
Adam Smith's View of Man	144	(2)
The Advantages of a Free-Enterprise Price System	146	(2)
Notes and Questions	148	(5)
Libertarianism	153	(15)
Created Equal	153	(11)
Notes and Questions	164	(4)
Law and Economics	168	(65)
The Uses of History in Law and Economics	168	(5)
The Economic Approach to Law	173	(16)
Notes and Questions	189	(4)
Law and Economics in Judicial Reasoning	193	(1)
An Early Precursor	193	(1)
United States v. Carroll Towing Co.	193	(4)
Modern Cases	197	(1)
Chicago Board of Realtors, Inc. v. City of Chicago	198	(2)
Indiana Harbor Belt R.R. Co. v. American Cyanamid Co.	200	(5)
90-Day Hazmat Ban Is Passed; Measure Will Bar Shipments in D.C.	205	(2)
Notes and Questions	207	(2)
The Problem of Incompatible Property Uses: The Roles for Private Bargaining and Judicial Injunctions	209	(1)
Boomer v. Atlantic Cement Co.	209	(3)
Fontainebleau Hotel Corp. v. Forty-Five Twenty--Five, Inc	212	(3)
Notes and Questions	215	(1)
The Problem of Redistribution	216	(1)
Efficiency and Equity	217	(3)
Efficiency and Equity Reconsidered	220	(5)
Politics	225	(1)
Public Choice and the Future of Public-Choice-Influenced Legal Scholarship	225	(8)
Beyond Classic Market Theory-Internal Critiques	233	(90)
Beyond Price Theory	234	(35)
Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law	234	(3)
Everything for Sale	237	(7)
Notes and Questions	244	(1)
Keynesian Economics and Critique of First Fundamental Theorem of Welfare Economics	245	(4)
The Failure of Market Failure	249	(6)
Notes and Questions	255	(1)
Freedom in the Commons: Towards a Political Economy of Information	255	(13)
Notes and Questions	268	(1)
Beyond the ``Rational Actor''	269	(33)
Social Norms and Social Roles	270	(9)
Law and Behavioral Science: Removing the Rationality Assumption From Law and Economics	279	(12)
Notes and Questions	291	(2)
Libertarian Paternalism Is Not an Oxymoron	293	(9)
Beyond Traditional Macroeconomics: ``Ecological Economics''	302	(21)
Sustainability, Distribution, and the Macroeconomic Analysis of Law	303	(19)
Notes and Questions	322	(1)
Beyond Classic Market Theory: External Critiques	323	(97)
An Overview	324	(11)
Whatever Happened to Law and Economics?	324	(9)
Notes and Questions	333	(2)
Normative Critiques of Economic Analysis	335	(85)
Beyond: Rational Choice	336	(1)
The Elusive Nature of Discrimination: By Valdes, Culp, and Harris	336	(8)
Notes and Questions	344	(2)
Beyond: Wealth Maximization and Price Theory	346	(1)
Humanism vs. Materialism	346	(1)
Economics and Law: Two Cultures in Tension	346	(5)
Notes and Questions	351	(1)
The Commodification Critique	352	(1)
Justice and the Market Domain	352	(11)
Note on Market Commodification	363	(1)
Notes and Questions	364	(6)
A Feminist Critique of Both Commodification Theory and Law and Economics	370	(1)
Commodification and Women's Household Labor	370	(9)
Beyond: Cost-Benefit Analysis	379	(1)
Myths and Markets	379	(3)
Notes and Questions	382	(2)
Beyond: Market Theory	384	(1)
Why Markets Don't Stop Discrimination	384	(17)
Note on Civic Republicanism	401	(1)
Notes and Questions	402	(8)
Marxism and Socialism	410	(1)
The Condition of Postmodernity: An Enquiry Into the Origins of Cultural Change	410	(4)
Socialism	414	(1)
A Future for Socialism	414	(4)
Note on Radical Theory	418	(1)
Notes and Questions	418	(2)
Wealth and Inequality	420	(82)
Introduction	420	(1)
Defining ``Class''	421	(14)
Class-Based Affirmative Action: Lessons and Caveats	421	(12)
Notes and Questions	433	(2)
The Constitution: Wealth and Class	435	(8)
San Antonio Independent School District v. Rodriguez	435	(8)
Notes and Questions	443	(1)
Class and Inequality---Historical Perspectives	443	(12)
Income Inequality	443	(1)
Economic Development in Indian Country: Will Capitalism or Socialism Succeed?	443	(5)
Black Wealth/White Wealth: New Perspectives on Racial Inequality	448	(4)
Race, Gender & Work: A Multicultural Economic History of Women in the United States	452	(3)
Wealth, Class and Economic Mobility---The Intergenerational Effects	455	(47)
The Sticky Ladder	456	(1)
Economic Scene; The Apple Falls Close to the Tree, Even in the Land of Opportunity	457	(3)
The Sons Also Rise	460	(1)
For Richer	461	(11)
Notes and Questions	472	(1)
Wealth Inequality	473	(1)
Wealth and Inequality in America	473	(1)
The 1980s and Beyond Bigger Shares for the Wealthy	474	(4)
Access to Assets	478	(3)
Notes and Questions	481	(1)
Hidden Cost of Being African American	482	(1)
The Price of Segregation---Unconventional Wisdom: New Facts From the Social Sciences	483	(1)
The Failures of Integration, How Race and Class are Undermining the American Dream	484	(1)
Notes and Questions	485	(5)
Your Stake in America	490	(10)
Notes and Questions	500	(2)
Life in a Class Society	502	(100)
Down and Out	502	(15)
Number of People Living in Poverty Increases in U.S.	502	(3)
Just Trying to Survive	505	(6)
Mathematics	511	(1)
Homelessness and the Issue of Freedom	512	(2)
Notes and Questions	514	(3)
Relations of (Re)production	517	(57)
The Working Poor: Invisible in America	517	(6)
Down and Out in Discount America	523	(6)
Notes and Questions	529	(3)
Nanny Diaries and Other Stories: Imagining Immigrant Women's Labor in the Social Reproduction of American Families	532	(11)
The Hidden Injuries of Class	543	(4)
Notes and Questions	547	(4)
The Overworked American: The Unexpected Decline of Leisure	551	(3)
Life.com	554	(5)
The Law and Economics of Critical Race Theory	559	(13)
Notes and Questions	572	(2)
Class and Consumption	574	(28)
The Overspent American: Why We Want What We Don't Need	574	(3)
No Scrubs	577	(2)
Dress As Success	579	(5)
Notes and Questions	584	(2)
Advertising At the Edge of the Apocalypse	586	(13)
Uneasy Ryder! Jury Finds Winona Guilty in Shoplift Case	599	(1)
Notes and Questions	600	(2)
Defining Family	602	(64)
Introduction	602	(1)
Nuclear Family vs. Extended Family	603	(16)
Moore v. City of East Cleveland, Ohio	603	(14)
Notes and Questions	617	(2)
Unmarried Heterosexual Couples	619	(12)
Marvin v. Marvin	619	(10)
Notes and Questions	629	(2)
Same--Sex Couples	631	(8)
Whorton v. Dillingham	631	(7)
Domestic Partner Ordinance Quashed: Atlanta to Appeal in Second Defeat	638	(1)
Notes and Questions	639	(1)
Sex Between Consenting Adults	639	(18)
Lawrence v. Texas	639	(16)
Notes and Questions	655	(2)
A Family Based on Same Sex Marriage	657	(9)
Goodridge v. Department of Public Health	657	(7)
Notes and Questions	664	(2)
Culture and Identity	666	(133)
Introduction	666	(1)
Culture and Identity	667	(73)
Economics and Identity	667	(18)
Identity in Mashpee	685	(30)
Whiteness as Property	715	(22)
Notes and Questions	737	(3)
Racial Discrimination: Two Competing Theories and Empirical Evidence of Disparate Racial Impact	740	(59)
A Rational Choice Theory of Racial Discrimination in the Marketplace	741	(1)
The Forces Determining Discrimination in the Market Place	741	(3)
A Sociological Theory of Racial Discrimination in the Marketplace	744	(1)
Cooperation and Conflict: The Economics of Group Status Production and Race Discrimination	744	(32)
Notes and Questions	776	(1)
An Empirical Study of Racial Discrimination	777	(1)
Fair Driving: Gender and Race Discrimination in Retail Car Negotiations	777	(22)
The Market Value of Culture	799	(119)
Introduction	799	(1)
Accents	799	(23)
Voices of America: Accent, Antidiscrimination Law, and a Jurisprudence for the Last Reconstruction	800	(21)
Notes and Questions	821	(1)
English---Only Rules	822	(13)
Garcia v. Spun Steak Co.	822	(7)
Yniguez v. Arizonans for Official English	829	(5)
Notes and Questions	834	(1)
Cultural Property	835	(13)
Protecting Folklore of Indigenous Peoples: Is Intellectual Property the Answer?	835	(12)
Notes and Questions	847	(1)
Business--Like Image	848	(11)
Rogers v. American Airlines, Inc.	848	(3)
A Hair Piece: Perspective on the Intersection of Race and Gender	851	(7)
Notes and Questions	858	(1)
The Market Value of Popular Images	859	(4)
Madonna: Plantation Mistress or Soul Sister?	859	(2)
Notes and Questions	861	(2)
Market Value of Sexual Differences	863	(10)
The Sexual Continuum: Transsexual Prisoners	863	(7)
Refusal to Hire, or Dismissal From Employment, on Account of Plaintiff's Sexual Lifestyle or Sexual Preference As Violation of Federal Constitution or Federal Civil Rights Statutes	870	(2)
Notes and Questions	872	(1)
The Market for Counterculture	873	(45)
Black But Not Beautiful: Negative Black Stereotypes Abound in Rap Lyrics, on Music Videos, in Movies and on Cable---and Blacks Are Among Those Doing the Stereotyping	873	(3)
Status Censorship Report	876	(1)
A Note on Conflicting Values Within African American Communities	877	(1)
Parks v. LaFace Records	878	(6)
Delores Tucker, Gangsta Busta: She's Playing Defense in Her Offensive Against Rap	884	(3)
Does a Song By Any Other Name Still Sound as Sweet? Digital. Sampling and Its Copyright Implications	887	(9)
A Note on Artistic Reparations	896	(1)
A Session With Little Richard	897	(2)
The Fight Over The Golden Oldies	899	(1)
Merchant v. Levy	900	(3)
Three Wives & The Legacy of ``Love''; A Courtroom Clash Over Frankie Lyman's '56 Song	903	(3)
Lymon's ``Teenagers'' Are No Fools; Win Rights to '50s Hit in Long Fight	906	(1)
Malcolm X and the Hip Hop Culture	907	(2)
The Taming of Malcolm X	909	(4)
The Marketing of Malcolm X; Is Spike Lee's Film Just Capitalizing on an Image?	913	(1)
Notes and Questions	914	(4)
Cash and Carry	918	(26)
The Underground Economy	918	(26)
Cashing in on Domestic Help	919	(2)
Notes and Questions	921	(3)
The Diamonds As a Business Enterprise	924	(8)
Notes and Questions	932	(2)
Carole, Interview with Barbara, in Sex Work: Writings By Women in the Sex Industry	934	(6)
Phyllis Luman Metal, One for Ripley's, in Sex Works: Writings by Women in the Sex Industry	940	(2)
Notes and Questions	942	(2)
Economic Borders to Community	944	(69)
Introduction	944	(1)
The Basics: Citizenship	945	(11)
Patriotism and Cosmopolitanism	945	(10)
Notes and Questions	955	(1)
The Basics: Congressional Power to Exclude, Detain or Deport, Plenary Power?	956	(9)
Fiallo v. Bell	956	(4)
Zadvydas v. Davis	960	(5)
National Borders: Economics and Immigration Policy Debates	965	(19)
Border Crossings in An Age of Border Patrols: Cruzando Fronteras Metaforicas	965	(5)
Undocumented Mexican Migration: In Search of a just Immigration Law and Policy	970	(7)
Notes and Questions	977	(2)
Notes and Questions	979	(5)
Class Borders	984	(29)
Brown v. Artery Organization	984	(8)
Artery's Agreements	992	(1)
Some Tenants Left Out of Lee Gardens Victory	993	(2)
Notes and Questions	995	(2)
From the Punitive City to the Gated Community: Security and Segregation Across the Social and Penal Landscape	997	(14)
Notes and Questions	1011	(2)
Corrective Struggles	1013	(190)
Introduction	1013	(2)
Affirmative Action	1015	(89)
City of Richmond v. J.A. Croson Co.	1015	(19)
Metro Broadcasting, Inc. v. F.C.C.	1034	(12)
Trojan Horses of Race	1046	(7)
Grutter v. Bollinger	1053	(21)
Admissions Rituals as Political Acts: Guardians at the Gates of Our Democratic Ideals	1074	(16)
Notes and Questions	1090	(14)
The Wealth of Communities	1104	(40)
Banking, Finance, and Community Economic Empowerment: Structural Economic Theory, Procedural Civil Rights, and Substantive Racial Justice	1104	(25)
The Hidden Cost of Being African American	1129	(5)
Perdue v. Crocker National Bank	1134	(6)
Notes and Questions	1140	(4)
Rethinking the Family as an Economic Institution	1144	(23)
In Re Marriage of Sullivan	1144	(5)
Beyond the Glass Ceiling: The Maternal Wall as a Barrier to Gender Equality	1149	(6)
Seeking Normal? Considering Same-Sex Marriage	1155	(7)
Notes and Questions	1162	(5)
Reparations	1167	(7)
Atonement and Forgiveness: A New Model for Black Reparations	1167	(7)
Redress in the Global Political Economy	1174	(29)
What Role for Humanitarian Intellectual Property? The Globalization of Intellectual Property Rights	1174	(11)
Civil Resistance and the ``Diversity of Tactics'' in the Anti-Globalization Movement: Problems of Violence, Silence, and Solidarity in Activist Politics	1185	(9)
Notes and Questions	1194	(9)
Copyright Permissions	1203	(12)
Index	1215