Douglas: Banding Together: Law Versus People Power in the United States

Benjamin Douglas (Ashcraft & Gerel) has posted Banding Together: Law Versus People Power in the United States, 53 New Mexico Law review (forthcoming 2023). Here is the abstract:

This paper interrogates legal obstacles to forming member-directed, value-supporting associations in the U.S. I examine laws governing political parties, labor unions, nonprofit organizations, and other economic associations, and how law inhibits the scope for internal democracy, the expression of values, or the capacity to build power. This is one key ingredient preserving our system of spectator democracy, where citizens cheer for their designated faction and oppose the rival faction, but seldom actively participate.

Lloyd Mayer