The New Gospel of Wealth: On Social Impact Bonds and the Privatization of Public Good

Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of “the Rich and the Poor,” as termed by Andrew Carnegie in his famous essay, remains unsolved. Socially conscious investors have recently called for America to reimagine a new “gospel of wealth”, one that not only grapples with the what of social injustice, but also explores the how and the why of systemic social and economic inequality. An emerging social finance tool, the social impact bond (“SIB”), has been praised as a promising platform that can help solve many of our social challenges by targeting impact investments toward traditionally underfunded social welfare programs. This Article sets forth a critical examination of the new SIB model, highlighting some of the opportunities for the social finance tool to promote social impact, while also revealing several of its challenges that may hinder its broader adoption in communities across America. In the process, this Article exposes key flaws inherent in the design of the SIB model, including its neoliberal emphasis on market-based economic development strategies and its disregard for the primary role of government in the protection and advancement of the public good. It concludes by calling for a more progressive economic development framework to guide the implementation of the SIB model, one that can help development practitioners, philanthropists, and impact investors wrestle with the deficiencies of our global capitalist economic system and overcome the entrenched systemic barriers to economic justice in America

Dismantling the Master’s House: Toward a Justice-Based Theory of Community Economic Development

Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging funding from private impact investors to finance social welfare programs within marginalized communities. SIBs seemingly answer the call of local government law scholars of the New Regionalists movement who advocate for governmental mechanisms that facilitate regional cooperation, address equity concerns, and respect local government autonomy. However, this Article argues that the SIB model of impact investing will struggle to advance metropolitan equity due to its grounding in the politics of neoliberalism. After highlighting limitations of the SIB, this Article links contemporary debates about CED theory to historical contestations within the black community about economically-oriented racial uplift strategies. Placing historical figures, such as W.E.B. Du Bois and Booker T. Washington, in conversation with more contemporary theorists of political philosophy, this Article offers an alternative conceptual framework of CED. Termed justice-based CED, this framing distinguishes a typology of social change that places democracy at the epicenter of the development debate and points toward the political principles of the solidarity economy as guideposts for law reform. The justice-based approach rests upon three core values: social solidarity, economic democracy, and solidarity economy. Taken together, this perspective reflects a vision of political morality that embodies one of America’s most foundational democratic values—human moral dignity

The Miseducation of Public Citizens

The American Bar Association Model Rules of Professional Conduct calls upon lawyers, as public citizens, to embrace a special responsibility for the quality of justice in the legal profession and in society. Yet, some law professors have historically adopted a formalistic and doctrinally neutral approach to law teaching that elides critical perspectives of law, avoids the intersection of law and politics, and tends to overlook the way law can construct the very social injustices that it seeks to contain. The objective, apolitical, and so-called “colorblind” jurisprudential stance in many law classrooms inflicts intellectual violence upon law students who discover a legal doctrine in conflict with their own lived experiences, yet who feel silenced and unprepared to reckon with the moral legitimacy of unjust laws. Perhaps as a result, in recent years, law schools have begun to rethink legal education altogether, devising anti-racist curricula, professional identity trainings, and novel experiential learning programs to produce a new generation of critically conscious lawyers for the crises of our modern age. Building upon such efforts, alongside recent scholarship in legal education and philosophical legal ethics, this Essay proposes foundational pedagogical principles to teach public citizenship lawyering. This Essay defines public citizenship lawyering as a democratic conception of professional responsibility whereby lawyers engage in routine critique of their lawyering practice through the lens of justice as a moral virtue. This pedagogy finds normative grounding in the ABA Model Rules based upon the contention that a skewed vision of professional lawyering identity has hindered a justice-oriented interpretation of the lawyer’s public citizen charge. Specifically, this Essay articulates four pedagogical principles: (1) deconstructive framing, which guides the law professor in teaching the lawyer’s ethical duty of candor; (2) ethical reposturing, which guides the law professor in teaching the lawyer’s ethical duty of competence and professional judgment; (3) reconstructive ordering, which guides the law professor in teaching the lawyer’s ethical duty to improve the law; and (4) liberatory lawyering, which guides the law professor in teaching the lawyer’s ethical duty to assist the client and others in gaining competence. Collectively, these principles assert a counter-cultural vision of practice readiness that empowers law students to affirmatively challenge social and economic injustice in the legal profession and the rule of law. More than exalting a democratic conception of professional lawyering identity, these principles affirm the legal academy as law’s laboratory for progressive social change

Black Urban Ecologies and Structural Extermination

Residents of low-income, metropolitan communities across the United States frequently live in “food apartheid” neighborhoods—areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America’s political economy influences the uneven development of such Black urban ecologies. Accordingly, food justice scholars have called for local governments to develop urban agricultural markets that combat racism in global corporatized food systems by localizing food development. These demands have only amplified during the COVID-19 pandemic, which has ravaged Black communities where residents suffer from preexisting health conditions and weakened immune systems associated with food insecurity. However, while local governments are increasing development of urban agriculture in Black urban spaces, in some instances, this has only driven Black and minoritized residents to compete against one another for access to healthy food and scarce farmland. Thus, the development of urban agriculture may function to recreate the very problems of racial capitalism and neoliberalism embedded in America’s political economy that animate food insecurity in the first place. This Article argues that urban agriculture imbued with racial capitalist norms and neoliberal politics—e.g., “neutral” and “colorblind” policies that ignore historic state-sponsored racial discrimination, limit governmental market interventions, and promote individualistic competition and private ownership—will fail to mitigate the structural oppression that drives food insecurity in Black urban landscapes marred by environmental degradation, or Black urban ecologies. Instead, such forces distort urban agriculture into a weapon of exploitation, expropriation, and erasure, each foundational elements of a social theory of ecological systems change this Author calls structural extermination. This Article illustrates the theory of structural extermination, which has broad explanatory power, by examining Washington, D.C.’s history of urban farming legislation, beginning with the passage of the Food Production and Urban Gardens Program Act of 1986 and continuing, most recently, with the Urban Farming Land Lease Amendment Act of 2019. By documenting a visible shift in political discourse about Washington, D.C.’s urban farming program, from a community-oriented initiative for gardening and food donation to a market-centered program for land leasing and tax abatement, this analysis reveals how decontextualized and dehistoricized urban agriculture risks legitimating and rationalizing competitive market structures that enact violence upon the poor, and push low-income residents out of the city altogether. Finally, this Article calls for the democratization of ecological placemaking in Black urban geographies, a decolonial praxis that would embrace a justice-based vision of community economic development premised upon the principles of social solidarity, economic democracy, and solidarity economy

Blackness as Fighting Words

The resurgence of worldwide protests by activists of the Movement for Black Lives (BLM) has ushered a global reckoning with the meaning of this generation’s rallying cry – “Black Lives Matter.” As citizens emblazon their streets with this expression in massive artistic murals, the Trump administration has responded with the militarized policing of non-violent public demonstrations, revealing not merely a disregard for public safety, but far worse, a concerted dismantling of protestors’ First Amendment rights. Nevertheless, BLM protests have persisted. Accordingly, this Essay considers the implications of this generation’s acclamation of Black humanity amidst the social tensions exposed during the era of COVID-19. What does the Trump administration’s militarized response to BLM protests mean in a world mutilated by the scars of racial oppression, a wound laid bare by America’s racially biased, aggressive, and supervisory culture of policing? In response, much in the way Cheryl Harris revealed Whiteness as Property, this Essay suggests and defends Black identity itself, or Blackness – whether articulated by the pure speech of racial justice activists who affirm Black humanity, or embodied by the symbolic speech of Black bodies assembled in collective dissent in the public square – as “fighting words” in the consciousness of America, a type of public speech unprotected by the Constitution. The very utterance of the phrase “Black Lives Matter” tends to incite imminent violence and unbridled rage from police in city streets across America. Discussions of “Black Lives Matter” by pundits conjure images of subversion, disorder, and looting, the racialized narratives of social unrest commonly portrayed by the media. Yet, the words “Black Lives Matter” and the peaceful assembly of Black protestors also encapsulate the fire of righteous indignation burning in the hearts of minoritized citizens. This dynamic reflects unresolved tensions in the First Amendment’s treatment of race relations in America. Even more, it exposes the role of policing in smothering the Constitutional rights of Black and Brown citizens. This Essay provides three contributions to the ongoing discourse on policing in the United States. First, it reveals how unresolved racial tensions in the First Amendment – focusing specifically on ambiguities in the fighting words doctrine – perpetuate the racially biased, aggressive, and supervisory culture of American policing. Second, it analyzes how such unresolved racial tensions cast a dark shadow over the liberty of Black and Brown citizens who experience racism at the hands of police officers, yet avoid acts of protest for fear of bodily harm or arrest. Third, it illuminates the embeddedness of racism in American policing culture, more generally; a culture that not only constructs and reconstitutes the racial social order, but also degrades the dignity of Black and Brown citizens. Collectively, these insights lend support toward demands for police abolition from BLM activists. As this Essay concludes, until we as a nation wrestle with the unresolved racial subtext of modern policing – a racist culture woven into law that not only silences the legitimate protests of minoritized citizens in violation of their First Amendment rights, but also rationalizes callous violence at the hands of law enforcement – Black America will remain a peril to the veil of white supremacy that looms over the American constitutional order

Cryptocurrency Mining Games with Economic Discount and Decreasing Rewards

In the consensus protocols used in most cryptocurrencies, participants called miners must find valid blocks of transactions and append them to a shared tree-like data structure. Ideally, the rules of the protocol should ensure that miners maximize their gains if they follow a default strategy, which consists on appending blocks only to the longest branch of the tree, called the blockchain. Our goal is to understand under which circumstances are miners encouraged to follow the default strategy. Unfortunately, most of the existing models work with simplified payoff functions, without considering the possibility that rewards decrease over time because of the game rules (like in Bitcoin), nor integrating the fact that a miner naturally prefers to be paid earlier than later (the economic concept of discount). In order to integrate these factors, we consider a more general model where issues such as economic discount and decreasing rewards can be set as parameters of an infinite stochastic game. In this model, we study the limit situation in which a miner does not receive a full reward for a block if it stops being in the blockchain. We show that if rewards are not decreasing, then miners do not have incentives to create new branches, no matter how high their computational power is. On the other hand, when working with decreasing rewards similar to those in Bitcoin, we show that miners have an incentive to create such branches. Nevertheless, this incentive only occurs when a miner controls a proportion of the computational power which is close to half of the computational power of the entire network

Knowledge-preserving Certain Answers for SQL-like Queries

International audienceAnswering queries over incomplete data is based on finding answers that are certainly true, independently of how missing values are interpreted. This informal description has given rise to several different mathematical definitions of certainty. To unify them, a framework based on "explanations", or extra information about incomplete data, was recently proposed. It partly succeeded in justifying query answering methods for relational databases under set semantics, but had two major limitations. First, it was firmly tied to the set data model, and a fixed way of comparing incomplete databases with respect to their information content. These assumptions fail for reallife database queries in languages such as SQL that use bag semantics instead. Second, it was restricted to queries that only manipulate data, while in practice most analytical SQL queries invent new values, typically via arithmetic operations and aggregation. To leverage our understanding of the notion of certainty for queries in SQL-like languages, we consider incomplete databases whose information content may be enriched by additional knowledge. The knowledge order among them is derived from their semantics, rather than being fixed a priori. The resulting framework allows us to capture and justify existing notions of certainty, and extend these concepts to other data models and query languages. As natural applications, we provide for the first time a well-founded definition of certain answers for the relational bag data model and for valueinventing queries on incomplete databases, addressing the key shortcomings of previous approaches

Toward relevant answers to queries on incomplete databases

Incomplete and uncertain information is ubiquitous in database management applications. However, the techniques specifically developed to handle incomplete data are not sufficient. Even the evaluation of SQL queries on databases containing NULL values remains a challenge after 40 years. There is no consensus on what an answer to a query on an incomplete database should be, and the existing notions often have limited applicability. One of the most prevalent techniques in the literature is based on finding answers that are certainly true, independently of how missing values are interpreted. However, this notion has yielded several conflicting formal definitions for certain answers. Based on the fact that incomplete data can be enriched by some additional knowledge, we designed a notion able to unify and explain the different definitions for certain answers. Moreover, the knowledge-preserving certain answers notion is able to provide the first well-founded definition of certain answers for the relational bag data model and value-inventing queries, addressing some key limitations of previous approaches. However, it doesn’t provide any guarantee about the relevancy of the answers it captures. To understand what would be relevant answers to queries on incomplete databases, we designed and conducted a survey on the everyday usage of NULL values among database users. One of the findings from this socio-technical study is that even when users agree on the possible interpretation of NULL values, they may not agree on what a satisfactory query answer is. Therefore, to be relevant, query evaluation on incomplete databases must account for users’ tasks and preferences. We model users’ preferences and tasks with the notion of regret. The regret function captures the task-dependent loss a user endures when he considers a database as ground truth instead of another. Thanks to this notion, we designed the first framework able to provide a score accounting for the risk associated with query answers. It allows us to define the risk-minimizing answers to queries on incomplete databases. We show that for some regret functions, regret-minimizing answers coincide with certain answers. Moreover, as the notion is more agile, it can capture more nuanced answers and more interpretations of incompleteness. A different approach to improve the relevancy of an answer is to explain its provenance. We propose to partition the incompleteness into sources and measure their respective contribution to the risk of answer. As a first milestone, we study several models to predict the evolution of the risk when we clean a source of incompleteness. We implemented the framework, and it exhibits promising results on relational databases and queries with aggregate and grouping operations. Indeed, the model allows us to infer the risk reduction obtained by cleaning an attribute. Finally, by considering a game theoretical approach, the model can provide an explanation for answers based on the contribution of each attributes to the risk

Converting sugarcane waste into charcoal for Haiti

Thesis (S.B.)--Massachusetts Institute of Technology, Dept. of Mechanical Engineering, 2007.Includes bibliographical references (leaves 46-47).In Haiti, most families have traditionally relied on wood and wood-derived charcoal as their primary fuel source for indoor cooking. This resource has proven to be unsustainable, however, as over 90% of the Haitian countryside has already been deforested and wood is now in low supply. As a poor country, importing fuel is not a viable option and thus, the ability to utilize renewable energy sources is critical. The work of the Edgerton Development Lab, under the guidance of Amy Smith, has developed a process utilizing an oil drum kiln to convert readily available agricultural waste from sugarcane, known as bagasse, into clean burning charcoal briquettes. In order to improve the efficiency of the existing oil drum kiln, this research will explore the design of a brick kiln that is relevant for the social dynamic of developing countries, inexpensive to manufacture and simple to operate. By defining the best system applicable to the Haitian context, this research will enable the efficient production of charcoal. This research will also define the shape of the chamber and the steps involved in the conversion process, enabling Haitians to make use of their natural resources to address a critical energy need. In addition, the enhanced energy efficiency will reduce the production time of the charcoal briquettes. Lastly, this research will explore how this technology can be best integrated into the existing culture and lifestyle of the Haitian community and propose a strategy for community participation.by Etienne Clement Toussaint.S.B

Of American Fragility: Public Rituals, Human Rights, and the End of Invisible Man

The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services, educational resources, housing stability, environmental security, stable and living wage jobs, generational wealth, and other institutional structures necessary for resilience. Second, government-mandated social distancing in response to the coronavirus has failed to dampen America’s racially biased, violent, and supervisory policing culture, reigniting demands from the Movement for Black Lives for police abolition and, more generally, the dismantling of white supremacy in sociopolitical life. In response, scholars have called for a radical (re)imagination of American democracy. This Article argues that resolving the fragility of American democracy amidst the terrors of COVID-19 warrants a renewed commitment to the emancipatory language of human rights. This assertion rests on three claims, using the challenges of housing insecurity as a guiding explanatory thread. First, the geography of health inequity in Black communities across the United States embodies not merely governmental neglect, but more poignantly, the rituals of white supremacy that create and reconstitute the racial social order. As a result, beyond coordinated public health measures and short-term economic stimulus plans to address human vulnerability, the future of American democracy demands new tools to confront racial ritualization in everyday life. Second, human rights discourse challenges the normative underpinnings of contemporary public policy, which are shaped by liberal assumptions about the human condition that enshrine structural inequality and propagate economic power. Third, human rights discourse expands the social imagination, fostering innovation in lawmaking by deconstructing antiquated valuations of equality and reconstructing contextualized notions of liberty. Taken together, these insights reveal human rights discourse as a project of reimagining legal subjectivity and state responsibility. To further elucidate the benefits of human rights discourse in view of compelling arguments to move beyond rights-based framings of equality and discrimination, this Article places Martha Fineman’s theory of vulnerability in conversation with Ralph Ellison’s articulation of the Black American experience during Jim Crow segregation in his novel, Invisible Man. This dialogue reveals the erasure of “sacrifice” from ongoing discussions of social and economic inequality. As this Article argues, sacrifice is a critical dimension of democratic citizenship that has been rendered invisible in contemporary rights-based discourse and emergent strategies for poverty alleviation. Drawing insights from the Movement for Black Lives and contemporary theorists of political philosophy, this dialogue clarifies the central role of “dignity” in establishing the preconditions for an engaged citizenry in the context of American racial capitalism