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11Malevolent Legalities: Discriminatology and the Specters of ScaliaRowman & Littlefield University Press Copublishing Division / Fairleigh Dickinson University Press. 2024.Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful fo…Read more
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26Anti-discrimination jurisprudence: US v. Carrillo-LopezInternational Journal of Discrimination and the Law 1 (August 2022): 1-8. 2022.In August 2021, a U.S. Federal District Court ruled that §1326 of the Immigration Naturalization Act (INA) which criminalizes illegal reentry violated the Equal Protection clause of the Fifth Amendment because it has disparate impact upon and discriminatory intent against Mexican and Latinx individuals. While §1326 has been unsuccessfully challenged in numerous other federal courts, US v. Carrillo-Lopez stands out in its originality of interpretation regarding the discriminatory intent of a fede…Read more
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388The jurisprudence of universal subjectivity: COVID-19, vulnerability and housingInternational Journal of Discrimination and the Law 21 (3): 254-271. 2021.Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal ratio…Read more
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384"Houselessness"In Joseph S. Biehl, Samantha Noll & Sharon M. Meagher (eds.), The Routledge Handbook of the Philosophy of the City, Routledge. pp. 203-215. 2019.When we take into consideration all those who fall under the UN-Habitat’s definition of “houseless” or at risk of houselessness, we see that the central issue of homelessness is not the specific problems or failings of the various subpopulations of the houseless, but rather the structural causes of houselessness themselves: social, political, economic, and ecological factors which deprive and dispossess people of their livelihoods, their labor, their security, and their dignity. However, when de…Read more
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11Policing the Demos: Foucault, Hegel and Police Power in Waller v. City of New YorkNew Formations: A Journal of Culture/Theory/Politics 84 92-129. 2015.This paper traces the contradictions of liberal ‘police’ power from Hegel’s analysis of modern polizei to a Foucauldian analysis of the 2011 judicial ruling on the police eviction of Occupy Wall Street protestors from Zucotti Plaza in New York. In the first section, I develop insights from Hegel and Foucault’s analysis of the contradictions of liberal police, whereby power in liberal government incorporates an ‘internal principle of limitation’ that distinguishes it from the unlimited internal o…Read more
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Foucault and ancient polizei: a genealogy of the military pastorateJournal of Political Power 1 (8): 21-37. 2015.While Foucault claimed that biopower, as a form of political pastorate, did not exist in ancient Greece, he did take the view, following Hegel, that the ancient ‘ethical community’ [sittlichkeit] constituted a kind of ‘political technology of the individual’, an ancient form of ‘police’. In this paper, I trace Foucault’s conception of ‘police’ in his Tanner Lectures to Hegel’s analysis of politeia as the origin of the modern polizei. Through an examination of politeia in ancient political and mi…Read more
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1214"The Coloniality of Homelessness"In G. John M. Abbarno (ed.), The Ethics of Homelessness: Philosophical Perspectives, Rodopi. 1999.This chapter introduces the notion of the coloniality of homelessness as a way to make sense of how the anthropological imaginaries of Euro-American sovereignty were mapped onto a political economy of homelessness and nomadic forms of life and labor. By tracing the conceptual mapping of homelessness through the colonial encounters of anthropology and urban ethnography, we can see how constructions of homeless culture are bound up with the racial logics of Eurocentrism that distinguished superior…Read more
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43Foucault and the Telos of PowerCritical Horizons 18 (3): 191-213. 2017.In this paper, I argue that the unique contributions of Foucault’s late work to critical social theory can be identified in the ways in which power relations are refined as the material condition of “politics” as distinguished from that of law, where “politics”: includes both competitive and goal-oriented strategic actions and interactions, excludes the coercive technologies of law embodied in State institutions, presupposes “incomplete” reciprocity between actors engaged in directing others, al…Read more
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