Tag: Courts

John Steppling – Before the Law

Link to an article by John Steppling:

“Before the Law”

 

While fairly detailed in its analysis and proffered support, the asserted parallels with fascist regimes of the past aren’t fully convincing.  Does the current moment not have neo-feudalist (or neo-Bonapartist) aspects?  Doesn’t the present moment have some unique features without complete historical precedent?

Bonus link: The Courts Are Political

Benjamin Fogel – Against “Anti-Corruption”

Link to an article by Benjamin Fogel:

“Against ‘Anti-Corruption'”

 

Curiously, while the author says moralism isn’t an answer, his argument is essentially moral!  He really is saying mere moralistic, individualistic finger-wagging won’t convince political opponents to change their own ways, which is a tactical argument that recognizes that the problem does not lie at an individual level and therefore cannot be solved at the individual level either but glosses over normative/ideological (moral) bases for structural/institutional action.  But isn’t the author simply arguing that instead of criminalizing the political left through “anti-corruption” laws such policies should instead criminalize the political right?  He offers no real explicit argument to this effect, relying instead on implicit ideology and morality/ethics.  This is about a political struggle for hegemony, making certain specific procedural/tactical suggestions along the lines of Rosa Luxembourg’s famous “socialism or barbarism” maxim.

Bonus links: Slavoj Žižek On Political Struggle (technocrats as defenders of hierarchy) and Slavoj Žižek on Populism (populists) and Ibi Rhodus, Ibi Saltus! Quote (ethics/morals are ultimately political)

Jedediah Purdy – The Courts are Political

Link to an interview of Jedediah Purdy conducted by Meagan Day:

“The Courts are Political”

 

Bonus links: Slavoj Žižek On Political Struggle and “Before the Law” and History of the Supreme Court of the United States and “What Is Socialism Nowadays? (Part II)” and “The New Venezuela: An Interview With Supreme Court Justice Fernando Vegas” and “The Kavanaugh Case: Sex, Lies, Privilege (and Plenty of Beer)” and “Ten Items Corroborate Dr. Blasey Ford’s Allegation Kavanaugh Tried to Rape Her” and “Why Conservatives (Still) Like Kavanaugh” and “Kavanaugh Confirmed, Supreme Court Is Instrument of Ruling-class Reaction” and “The Oligarchic Courts”

Erwin Chemerinsky – Arbitration Agreements Ruling Is a Significant Loss for Workers

Link to an article by Erwin Chemerinsky:

“Arbitration Agreements Ruling Is a Significant Loss for Workers”

 

Chemerinsky’s article is well-reasoned, though it should be emphasized that all judges on the U.S. supreme court are pro-capitalist and pro-business, differing only in degree about how many restrictions can be imposed on business.

 

Bonus links: “Stop Calling It an Arbitration Agreement—Employers Are Forcing Workers to Give Up Their Rights” and “Grand Theft Paycheck: The Large Corporations Shortchanging Their Workers’ Wages” and …And the Poor Get Prison

Erin Thompson – Minority Lawyers Hanging From Their Own Bootstraps

Link to an article by Erin Thompson:

“Minority Lawyers Hanging From Their Own Bootstraps: How Law Schools Fail Those Who Seek Justice”

 

Bonus links: The Trouble With Diversity and …And the Poor Get Prison and “The Decline of the Peoplelaw Sector” and “The Echo Chamber: A Small Group of Lawyers and Its Outsized Influence at the U.S. Supreme Court”