Sessions Information

  • April 30, 2023
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Union Square 10
    Floor: 4th Floor

    Group #13: Racial Injustice and States of Emergency

    Black Liberty in Emergency

    Norrinda Brown Hayat, Fordham University Law School

    State and local governments weaponized Covid-19 pandemic orders against Black communities stifling their movement often through violence engaged in by the police. In cities where more than a modest Black population existed, police employed unconstitutional stops and arrests in connection with pandemic orders, including orders to mask, social distance and stay-at-home; imposed fines and fees for violating pandemic orders and prosecutors stacked pandemic violations on top of other charges resulting in enhanced sentences for Black individuals. The modern jurisprudence around quarantine, prior to the coronavirus pandemic, emerges from an early 20th century case Jacobson v. Massachusetts, which had been interpreted to call for deference to states’ decisions made in emergencies. Since Jacobson was decided quarantines have been almost universally upheld and modern constitutional safeguards held inapplicable. The role judicial deference under Jacobson has played in limiting the free movement of people of color during public health emergencies cannot be overstated. This paper challenges the idea that a public health emergency justifies the reduction in Black fundamental rights as normative. And asserts that the strict isolation of Black people in highly segregated areas utilizing police force as was done in the Covid-19 pandemic violates modern constitutional norms just as it would in a non-emergency. The paper interjects race into the scholarly conversation urging for the application of constitutional safeguards to laws passed in public health emergencies. Beyond abolishment of these laws, the article calls for the positive project of proliferating public health interventions that are rooted in distributive justice.

    “Essential” Violence and the Necessary Evils of Imperial Law and Labor

    Antonio Coronado, Georgetown University Law Center

    “If you work in a critical infrastructure industry . . . you have a special responsibility to maintain your normal work schedule.” My dad finished reading the company-issued letter and flashed a proud smile my way. I remember wondering, three years ago now, how important one had to be for the state to mark you for harm. He, like an estimated 45.2% of U.S. workers, had been imposed with a socio-legal duty to maintain what the letter described as the “security and resilience” of the nation. As this paper demonstrates, the state’s designation of both labor and people as “essential” continues a U.S. imperial practice of worker dispensability, one that finds its foundations in chattel enslavement and anti-Indigeneity. This piece makes the case that current U.S. labor policies and emergent surveillance technologies have operated to obscure and deepen workplace disparities along lines of legal agency. Using a lens of racial capitalism, Section I underscores the lasting socio-legal implications of “essential” work. Section II explores several examples of workplace surveillance and coercive labor practices that have developed throughout the pandemic. Lastly, Section III contributes to scholarship at this intersection by proposing opportunities for policy and discursive intervention to persisting legacies of labor exploitation. I join fellow scholar-storytellers of color in naming the ways that essential workers are simultaneously positioned as “heroes” of our economy and “expendable” cogs for labor; they are figured as necessary while disposable, vital but without value.

Session Speakers
Fordham University School of Law
Works-in-Progress Presenter

Georgetown University Law Center
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.