Everyday Eviction

Eviction has become a special burden for low-income African American women, many of whom live in run-down rental housing and are raising children in single-parent homes. University of Wisconsin sociologist Michael Desmond, quoted in an article in the New York Times, argues, “Just as incarceration has become typical in the lives of poor black men, eviction has become typical in the lives of poor black women.”

In Milwaukee, one tenant in every 25 renter-occupied units is evicted annually. Poor African American women constitute 13 percent of the City’s population but 40 percent of those evicted. The impact of evictions on social connections, school enrollments, and credit ratings should not be underestimated.

To the extent it pays attention to housing issues, the media has of late focused almost exclusively on mortgage foreclosures, and, to be sure, the damage subprime lenders have done to the hopes and dreams of the working class has been huge. However, there is a socioeconomic class trying to carry on without even the assets and income of the working class. We might reflect on its plight when we drive through the center-city and see the humble furniture and other possessions of low-income African American women stacked alongside the curb by landlords who have just finished evicting. But, then, how many of us even drive through the center-city?

Continue ReadingEveryday Eviction

Justice Kennedy Goes to the Movies

smith goesThose industrious enough to reach the final paragraphs of the recent opinion of the Court in Citizens United v. Federal Election Commission (2010) might have been surprised to find Justice Kennedy discussing Mr. Smith Goes to Washington (1939).  A Hollywood classic directed by Frank Capra, the film is the fictional story of a handpicked bumpkin Senator played by Jimmy Stewart, who sees the light, dramatically filibusters, and in the end teaches the Congress how to behave.  Justice Kennedy’s argument seems to be that if the campaign-related indictment of Hillary Clinton in the film titled Hillary: The Movie could be suppressed, the same fate could befall a beloved work such as Mr. Smith Goes to Washington.

The two films’ only similarity seems to be that they are indeed films.  One film is fictional, but the other attacks an actual Senator and Presidential candidate.  One is designed to entertain, but the other is designed to influence an election.  And most importantly, one is a work produced by the culture industry designed to make a profit, but the other is a work funded from corporate profits designed to change opinions. 

Are Justice Kennedy and the other members of the Supreme Court majority incredibly unsophisticated in their understanding of popular culture and politics, or is their analogy disingenuous?  Extending the inquiry, might a comparable question be posed regarding the Citizens United opinion as a whole?  The Supreme Court’s majority might be so oblivious as to think that corporations have the full panoply of First Amendment rights and that their financially self-serving broadsides are matters of free speech that enrich democracy.  Then, again, the majority might simply hope it can trick us into believing that.

Continue ReadingJustice Kennedy Goes to the Movies

Recession Injuries Reach the Legal Emergency Room

emergencyroomNo one would be surprised to learn the work of the courts relates to the economy, but it’s nevertheless intriguing to see how the courts have taken up “clean-up” work related to the recent economic collapse.  According to a report in the New York Times on December 28, 2009, the courts have a huge number of new filings related to deals that went awry and also to bad debts.  In addition, there are rapidly increasing claims of domestic violence in homes affected by unemployment and lost wages.

To be specific:  For New York in 2009, contract disputes are up nine percent, and foreclosure filings seventeen percent.  Cases involving charges of assault by family members are up eighteen percent.  In Arizona, eviction cases tripled in 2009, and in Florida there were a staggering 400,000 foreclosure filings during the past year.

Jonathan Lippman, New York’s chief judge, said of the courts, “We are the emergency room for society,” and there seems some connotative truth to his metaphor.  What’s more, cases related to the recession seem likely to keep heading to the legal emergency room.  While the economy itself seems to be rebounding, economic troubles only gradually become legal cases.  Court administrators are bracing for even more filings related to business disputes, foreclosures, evictions, and family violence.

Continue ReadingRecession Injuries Reach the Legal Emergency Room