Uniting the Working Class Across Racial Lines

Uniting the Working Class Across Racial Lines

Daria Roithmayr – 

The Democratic Party is once again dividing into a left versus center configuration, just in time for the November Election. The catalyst for this renewed debate appears to be Alexandria Ocasio-Cortez’s massive primary upset in New York’s fourteenth district. Ocasio is a democratic-socialist who has focused on her district’s predominantly Latino and black working class, campaigning on a platform of Medicare for all, a federal job guarantee, and the dismantling of ICE. More than almost any other candidate this season, she has developed an affirmative vision of economic, social and racial dignity for all working-class Americans.

The daughter of Puerto Rican parents, she has argued that the interests of people of color should be represented in the district. Remarkably, some of her strongest support came from predominantly-white Astoria. To those who accused her of playing identity politics, she responded:

“I can’t name a single issue with roots in race that doesn’t have economic implications, and I cannot think of a single economic issue that doesn’t have racial implications. The idea that we have to separate them out and choose one is a con.”

This post serves as a follow-up to an earlier post in which I issued a call to unify the old and new working classes. In this post, I want to accomplish two things. First, I want to further uncover the relationship between race and class. In particular, I want to explore the argument that race segments the working class into less-free workers of color and more-free white labor. Second, I want to strengthen the call to unite the old and new working classes across the race-class divide.

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Police Surveillance Machines: A Short History

Elizabeth Joh –

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The year 2015 witnessed a dramatic rise in demands for police surveillance machines. After a number of widely shared incidents of police violence against often unarmed civilians, public protests and media attention led to calls for the adoption of surveillance machines by the police.  Advocates of surveillance machines, including the family of Michael Brown, argued that these technologies would increase transparency and accountability surrounding police interactions with civilians by collecting and preserving data for public review.  Indeed, the most contentious police-civilian interactions often came down to public disputes as to the alleged threat posed by the civilian, versus the propriety of the police response. Surveillance machines promised a technological layer of accountability by rendering these hidden interactions public. Now that they are being implemented, however, the political economy of police technologies raises new concerns about concentrated private power, consumer platform protection, and adequate regulation of data in the future of policing.

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The Political Economy of Immigration Enforcement: Part II

Sameer Ashar and Amna Akbar— 

In our first post, we made the case for studying immigration enforcement through a political economy lens. Without political economy, we are left with an ahistorical and inadequate understanding of the challenges and realities of immigration enforcement, which implicate both state and market, and not just Donald Trump and Barack Obama, but our colonial past as well. In this second post, we elaborate on three central insights of a political economy and racial capitalism lens: the rise of “guard labor” in the neoliberal, austerity state; lopsided bargaining power between workers and their bosses; and the persistently colonial dynamics of labor extraction.

First, immigration enforcement is a key part of the expansion of guard labor in the United States: the sector of the modern U.S. economy devoted to ensuring conformity to public and private institutional imperatives. This includes everything from police and private security to detention facilities, jails, and prisons to parole, probation, and surveillance. Consider how immigrant detention facilities are marketed as economic development projects, especially in areas without other sources of jobs and income. Private prison companies, especially, have used underdevelopment and deindustrialization in parts of the United States to make the case for new facilities. Those companies have also marketed detention facilities as providing much-needed jobs for veterans returning from years of extended American military engagement in Afghanistan and Iraq. Municipal and county governments have provided carceral capacity for immigrant detention, at a cost. Immigrant detention brought federal dollars to localities starved for funds during the extended austerity regime of the Bush and Obama administrations.

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The Political Economy of Immigration Enforcement: Part I

Sameer Ashar and Amna Akbar— 

Liberals and progressives bemoan the problems of immigration enforcement and deportation along the vectors of racialization and criminalization. Their critique goes something like this: the immigration enforcement system is unfair in how it targets Black and Latinx and other immigrants of color, and this targeting has worsened as immigration enforcement has become increasingly entangled with criminal law enforcement. (A related concern has been that “immigrants are not criminals”: but both immigrant rights and racial justice movements have deconstructed and debunked this idea, since the meaning of what it is to be a criminal is just as raced and historically contingent as being an immigrant.) These concerns are played out in a field of celebratory narratives about the United States as a nation of immigrants, erasing the settler colonial routes of the country’s political and economic power.  By failing to consider questions of political economy—specifically how racial capitalism has shaped our present—these critiques lack explanatory power and historical grounding.

In this two-part series, joining colleagues such as Tendayi Achiume, Angélica Cházaro, César Cuauhtémoc García Hernández, and Sherally Munshi, we make the case that political economy and racial capitalism are central to any thoroughgoing understanding of immigration enforcement. We write in opposition to race-neutral law-and-economics descriptions of interior enforcement, such as that of Adam Cox and Eric Posner. Immigration enforcement provides a lens for understanding the global and historical relationships between the state, the market, and workers. Immigration enforcement, after all, emerged as a post-colonial tool in white settler nations like the United States and Canada as a way to limit and exclude the arrival of former colonial subjects. Here, we introduce questions and concerns that come into play when viewing immigration enforcement through a political economy lens.

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The Movement for Black Lives Offers an Abolitionist Approach to Police Reform

Amna Akbar – 

For several years, I have been thinking about the rise of racial justice movements that account for political economy—specifically, those with anti-capitalist commitments. I am thinking of the Movement for Black Lives, and aspects of the immigrant justice movement. These social movements mark the revival of anti-capitalist racial justice politics in the United States in a way that we have not seen since the civil rights, Black power, and Chicano movements of the 1960s and 1970s. As these movements continue to organize in the face of growing global inequality and right-wing populism, they offer another way forward.Black_Lives_Matter_logo.svg.png

To illustrate the creative potential of studying radical social movements, consider the question of policing. The Movement for Black Lives is the leading example of a contemporary racial justice movement with an analysis of political economy and a vision to transform the state. In my forthcoming article, Toward a Radical Imagination of Law, 93 N.Y.U. L. Rev. (forthcoming 2018), I consider policing through the lens of the Movement for Black Lives policy platform, “A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice.”

I compare the Movement’s analysis with the Department of Justice’s (DOJ) Ferguson and Baltimore reports. The Vision and DOJ reports offer alternate conceptualizations of the problem of policing and the appropriate approach to law reform. The comparison offers a study in the difference between an abolitionist approach to police reform, and a more traditional one.

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Is “the Market” the Enemy?: Racial Exploitation in Bailey v. Alabama

Noah Zatz –

vote communist

“In our current moment, anticapitalism and struggles against state violence and incarceration tend to be separate movements.” So wrote renowned historian Robin D.G. Kelley recently in a new preface to his classic book Hammer and Hoe, which examines the largely Black Communists of early-mid 20th century Alabama. Kelley’s protagonists, in contrast, saw struggles against economic inequality and exploitation and also against specifically racialized state violence as “inextricably bound together.” This same milieu produced the groundbreaking 1911 case of Bailey v. Alabama. There, the Supreme Court struck down under the Thirteenth Amendment Alabama’s use of criminal law to hold Black workers in peonage.

This post extends my prior treatment of Bailey. My focus here is on Bailey as a case study in “racial capitalism”, and I want to challenge specifically the common conflation of all things “economic” with the outcomes of “markets,” even markets understood in Legal Realist fashion to be structured by laws of property and contract. Like Kelley, I do this with one eye on the contemporary, and in particular on the separation between critiques of “precarious work” in today’s labor markets and those aimed at our racialized carceral state.

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Where Is Race in Law and Political Economy?

Angela Harris

In their first post on this blog, Amy, David, and Jed assert that “politics and the economy cannot be separated.” Nevertheless, as they also observe, the separation of the two – as, for example, in the idea that economic activity is determined by laws of supply and demand that lie outside the power of governments to influence, other than through misguided “intervention” – continues to influence law and policy. A similar separation runs through scholarship in several disciplines, including law, between the study of economics and the study of race. As the new field of “law and political economy” grows, one of its tasks must be to trouble this separation as well.

We know the separation most familiarly as the “race or class?” question (note the either/or framing). In the affirmative action debate, it manifests as this: Isn’t a poor white kid from Appalachia more deserving of the last spot in a freshman class than a black doctor’s kid? In academic discussions, here’s how it typically goes: All this stuff about race, or more broadly, all of this “identity politics,” is a distraction from the deeper and more fundamental realities of wealth and poverty, production and exchange. Sometimes race distracts because it is considered to be a matter of “culture,” which is “epiphenomenal” to material relations: It’s about exploitation, stupid! Other times, race is considered a distraction for pragmatic reasons, because its appearance is “divisive,” threatening the solidarity of labor, or the electorate, or progressive communities, or women. At still other times, especially within academia, the separation of race from economics looks something like a polite form of intellectual self-segregation: while all the black kids are sitting in the cafeteria together talking about critical race theory, the law and economics kids are at their own table, drawing supply and demand curves and talking about Pareto optimality. To each their own, and everybody’s happy.

But this story of race and racism as either irrelevant to or reducible to the story of production, exchange, and consumption is wrong. Black studies scholars have been saying so for quite some time. In 1935, W.E.B. Du Bois argued that what turned the tide of the Civil War was a mass withdrawal of slave labor, amounting to a “general strike.” In his view, the North’s victory was neither a race story nor a labor story, but a powerful demonstration of how the two were intertwined. Generations later, Cedric Robinson’s Black Marxism provided a similar attempt to take race seriously within a materialist frame, arguing that the Eurocentric origins of Marxist theory left it unable to adequately account for black history.

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