The Neglect of Long-Term Care

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(via USA Today)

Click here to read all posts in our Care Work series. 

Allison K. Hoffman—

Caregiving has long been shunted aside and undervalued in the United States. Long-term care (LTC) is no exception. Sometimes called “long term services and supports,” LTC is the help that over 40 million Americans who are sick or disabled need every day to complete basic tasks like bathing, eating, getting dressed, going to the bathroom, paying bills, or buying groceries.

American social welfare policy has largely ignored LTC, and families, who are largely left to manage it on their own, increasingly strain to meet loved ones’ needs. This problem will only worsen with the collapse of private insurance for long-term care and the large number of people with dementia-related conditions.

Resistance to developing social policy to help people with LTC comes in two main forms: First, some people say the problem of designing public support for LTC is too big to solve. Second, others suggest that it’s not a problem at all—caregiving is just what families do, so the state need not intervene. Neither of these arguments holds up well. Continue reading

Making Care Work Green

Click here to read all posts in our Care Work series. 

Eileen Boris—

“Domestic workers arrive to smoke, ash,” the headline in the Los Angeles Times read on October 29, 2019. Unaware of mandatory evacuations from a fire sweeping through exclusive enclaves near the Getty Museum, domestic workers had trudged up deserted streets and through particle-filled air not wanting to be late to their jobs; losing even one day’s pay could make it impossible to afford housing, food, or medicine. They discovered that their employers had fled hours earlier without notifying them or advising them to stay away from the evacuation zone.

Such scenes have become more salient in recent years. Similarly, in 2018, amid a massive mudslide that stranded hundreds of people and killed over twenty, home aides in affluent Montecito, CA, sheltered in place to care for the elderly. Domestic workers remained behind to clean and tend to the grounds. Some were directed to guard property while everyone who could escaped. For all the reporting on structures destroyed and neighborhoods uprooted, few have questioned what happens to household workers when their workplaces are in the middle of disaster zones. Most only get paid when they show up. Many lack health insurance. Those who are undocumented may be afraid to enter evacuation centers. Some cannot access or understand emergency alerts, since governments have failed to address linguistic and cultural gaps in their response systems. Those who are live-in employees depend on their jobs for shelter.

While care workers—predominantly immigrants and women of color—play a critical role in the economy by enabling their employers’ own economic participation, their low wages compel them to labor even amid grave danger. Thus, domestic workers themselves have built a movement to improve health and safety protections in their workplaces, and disseminate information to workers. While some narrowly associate the “Green New Deal” with clean manufacturing and environmentally friendly infrastructure, domestic and care workers draw important links between environmental and economic justice. They bring sustainability into the home—both figuratively by maintaining daily life and aiding elders, and materially by doing so healthfully. Their efforts to eliminate toxic household cleaning products and improve fire safety communicate a message at the heart of the Green New Deal: that better working conditions and environmental protection are intertwined. Continue reading

Financial Regulation and Social Reproduction

Financial Regulation and Social Reproduction

NB: This post is part of the “Piercing the Monetary Veil” symposium. Other contributions can be found here.

Donatella Alessandrini —

Even amongst critical scholars, there is a tendency to treat international regulation of money and finance as “strictly economic”, distinct from the “social” domains of labor, the environment, and socio-economic rights. This conceptual separation cedes the realm of finance to the “neutral” neoliberal technocracy while occluding interrelationships between finance, production, and social reproduction. Placing social reproduction at the center of our analysis forces us to overcome these false dichotomies and confront finance’s role in the shaping of the “social”.

Continue reading

The Public Law of Private Promising, And Not Even That: LPE 101 for Contracts

Noah Zatz—

What would a 1L Contracts course look like from a law and political economy perspective? I can’t claim to have designed my course from the ground up to answer that question—and indeed I am intentionally more eclectic than that. Nonetheless, several of my choices—about how to thematize the material and what to include at all—clearly reflect an LPE approach.

From start to finish, I present Contracts—perhaps the quintessential “private law” topic—as a study in public power. That is among the main reasons to start with remedies (as many Contracts professors do). Ultimately, the question is whether a government institution (a court) will render a judgment and back it up with the threat of publicly authorized violence: seizing property to satisfy a judgment or throwing someone in jail for contemptuously defying a court order. I underline this point on the first day of class by assigning a recent ACLU report on incarceration for nonpayment of private consumer debt. This reading also challenges conventional field boundaries, enabling students to follow a thread of debt and poverty that connects their Contracts class to Ferguson and racialized mass incarceration.

The publicness of Contracts goes beyond the brute fact that it is law. Rather, the field reflects policy judgments about when to make the force of law available to private parties. Although invocations of party intent typically submerge this point, it actually appears on the surface of the most conventional place to start Contracts: the very first section of the Restatement (Second) of Contracts. “A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.”  Well then, when and how does “the law” (speaking for we, the people) choose to transform private promises into legal duties? Continue reading