Law and Structuring Individual and Institutional Responsibility: Beyond Equality and Freedom

Below you will find working chapter titles for our upcoming collection to be published by Routledge. These papers were presented at a VHC workshop in January titled “Re-Conceiving Equality and Freedom: Vulnerability, Dependency, and the Responsive State.”

Part I centers the vulnerable subject in place of the liberal subject in constitutional law and legal theory. Part II uses vulnerability theory to rethink traditional approaches to law. Part III reconceives state responsibility in the context of health care, including public health emergencies. The chapters that comprise Part IV use vulnerability theory to explore the inadequacies of legal rules that structure our economic lives. The final chapter will explore the potential for vulnerability theory to shift approaches to access to justice.

  • Restructuring the Constitution for Human Resilience | Martha McCluskey (Professor of Law and Magavern Faculty Scholar, University of Buffalo)
  • Everything Old is New Again: The Pandemic and the Vulnerable Subject | Kathryn Abrams (Herma Hill Kay Distinguished Professor of Law, Berkeley Law School)
  • Nondiscrimination as a Property Right| Xiaoqian Hu (Associate Professor of Law, University of Arizona)
  • Housing Trusts and Resilient Cities: Solving Property Problems Through a Vulnerable Lens | Marc Roark (Louisiana Outside Counsel of Health and Ethics Endowed Professor of Law, Southern University Law Center)
  • Using Vulnerability Theory to Reconceive the Relationships Between Indigenous Nations and the United States | Laura Spitz (Professor of Law, University of New Mexico), Nazune Menka (Tribal Cultural Resources Policy Fellow, UC Berkeley School of Law)
  • Market Citizenship and Resilience Allocation | Hila Keren (Associate Dean for Research and Paul E. Treusch Professor of Law, Southwestern Law School)
  • The State’s Role in the Social Contract: Vulnerability Theory and the Workplace | Jonathan Fineman (Associate Dean for Student Learning & Assessment and Professor of Law, Florida Agricultural and Mechanical University)
  • Vulnerability and Health Law after COVID-19: From Entitlement to Obligation| Matthew Lawrence (Associate Professor of Law, Emory University)
  • Vulnerability, Disability, and Public Health Emergencies | Ani Satz (Professor of Law, Emory University)
  • The Elder Catch: Engineering the Future of Caregiving | Jessica Dixon Weaver (Robert G. Storey Distinguished Faculty Fellow, Gerald J. Ford Research Fellow, and Professor of Law, SMU Dedman School of Law)
  • Gender, COVID, and Care | Naomi Cahn ( Justice Anthony M. Kennedy Distinguished Professor of Law, University of Virginia), June Carbone (Robina Chair in Law, Science and Technology and Professor of Law, University of Minnesota)
  • Manufacturing Resilience | Lua Kamál Yuille (Professor of Law, Northeastern University)
  • The State’s Use of Law and Public Policy to Support and Strengthen Unionization and the Labor Movement | Risa Lieberwitz (Professor of Labor and Employment Law, Cornell University)
  • Vulnerability Theory and Access to Justice: Elaborating Possibilities for Legal System Design | Andrew Pilliar (Assistant Professor of Law, Thompson Rivers University)

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