Sessions Information

  • May 5, 2024
    9:00 am - 10:30 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: Marriott St. Louis Grand
    Room: Gateway B
    Floor: Grand Tower, Gateway Level

    Group 6: Building Community Power

    Alt-Legal Services: Re-visioning Lawyers’ Role in the Fight for Worker Power
    Elizabeth Ford, Seattle University School of Law

    Can litigation build worker power? This question is the subject of a long-running debate about lawyers’ roles in the labor movement as a whole, and particularly within the community-based worker advocacy and service organizations known as worker centers. On one side, scholars argue that legal services undermine worker power, “atomizing” workers by encouraging them to focus on individual solutions. But others respond that legal services – especially recovering workers’ unpaid wages through wage-and-hour litigation – is essential to improving workers’ material conditions and demonstrating status quo vulnerability. While many organizations have worked hard to harmonize these two perspectives, the argument has served as stumbling block, stoking internal conflict between organizers and lawyers and in the worst case undermining the organization itself.

    In this article, I argue that the two sides of this debate are talking past each other because they are assuming different understandings of worker power. Thus, the article first develops a taxonomy of worker power, focusing on countervailing power (power over) and community organizing power (power with). Building on this more precise understanding of worker power, I argue that it is possible to construct a worker-center affiliated law office that both exerts power over employers to force them to stop stealing workers’ wages and builds individual and collective power within communities of workers. Far from rejecting individual representation, I argue that worker centers and other community-based organization can strategically embrace this work through a function I call “Alt-Legal Services.” An Alt-Legal Services office is a law office dedicated to ending wage theft by using legal tools to impose countervailing power on employers and by supporting community campaigns that elevate workers’ collective agency.

    Finally, I provide some concrete approaches to representation and funding that an Alt Legal Services operation can take.

    Community Legal Education: Charting New Futures of U.S. Legal Power
    Antonio Coronado, Innovation for Justice

    This essay serves as an urgent cause of/for action and open call to radically reimagine the American law school. Across this piece, I argue that U.S. legal education’s current manifestation serves as a unique site of lawyer socialization, given the ways that our law schools normatively advance pedagogical, structural, and ideological harms in service of the settler nation-state. Through a historically grounded analysis of the law school as a distinct project of formal legal power, this piece insists that we work across
    silos,  jurisdictions, and time to build blueprints for "community legal education."

    Drawing from movements of scholarship-activism in critical pedagogy, rhetoric, and abolitions, this piece proposes radical reforms to the U.S. law school as footholds toward freedom. In situating the law school as a critical zone of abolitionist struggle, I make the case that all educators, scholars, and advocates aligned with the work of liberation must jointly envision “non-reformist reforms” to U.S. legal education in order to more forcefully contribute to the abolition of oppressive formations of power everywhere. Only through collective processes of (re)imagination--I contend--can we dream of and develop liberatory futures where a shared right to legal power is the reality for all.

    Discussant and Moderator: Jason Parkin, City University of New York School of Law

Session Speakers
Innovation for Justice
Works-in-Progress Presenter

Seattle University School of Law
Works-in-Progress Presenter

City University of New York School of Law
Moderator and Discussant

Session Fees

Fees information is not available at this time.