Part of the left/critical pedagogical project involves teaching “with and against the frame.” This might be thought of as teaching with, past, around and against various forms of “common sense” about law, including prevailing ideas about the normal legal structure of market societies and the place of human and constitutional rights in liberal political orders. In international economic law and the subfield of law and development, one task is to examine how this common sense informs two interlinked projects: first, the liberalization of trade; and second, the promotion of global economic integration through the convergence around particular regulatory objectives, the transplantation or diffusion of legal rules and doctrines, and the harmonization or modification of legal regimes.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
Mandatory arbitration for guestworkers, a uniquely vulnerable group, will result in class inequality and worse conditions for all workers.
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.