Networks and norms: Social justice lawyering and social capital in post-Katrina New Orleans

Harvard Civil Rights-Civil Liberties Law Review

Volumn 44, Issue 1, 2009, Pages 255-274

  Tye, John N ^a   Williams, Morgan W ^b  

^a New Orleans Legal Assistance ^*

^b Greater New Orleans Fair Housing Action Center

Author keywords

[No Author keywords available]

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EID: 61849163323     PISSN: 00178039     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (121)

1. See Hon. Sarah S. Vance, Justice After Disaster: What Hurricane Katrina Did to the Justice System in New Orleans, 51 HOW. L.J. 621, 644-5 (2008).
2. We are not the first to suggest that disasters such as levee failures can have devastating effects on local social capital. See, e.g., Liesel Ashley Ritchie & Duane A. Gill, Social Capital Theory as an Integrating Theoretical Framework in Technological Disaster Research, 27 Soc. SPECTRUM 103 (2007).
3. See also Golam M. Mathbor, Enhancement of Community Preparedness for Natural Disasters, 50 INT'L SOC. WORK 357, 360 (2007) (suggesting that a focus on building social capital can help preparation for and response to natural disasters);
4. DeMond Shondell Miller, Visualizing the Corrosive Community: Looting in the Aftermath of Hurricane Katrina, 9 SPACE & CULTURE 71 (2006) (arguing that Katrina hurt civic trust and social capital in New Orleans);
5. Claire H. Procopio & Steven T. Procopio, Do You Know What It Means to Miss New Orleans? Internet Communication, Geographic Community, and Social Capital in Crisis, 35 J. APPLIED COMMC'N RES. 67 (2007) (arguing that Katrina survivors used the internet to rebuild and sustain pre-existing social capital damaged by Katrina).
6. Morgan W. Williams et al., The Post-Katrina New Orleans Social Justice Docket (2008), http://www.law.harvard.edu/students/orgs/crcl/Katrina/Docket.pdf [hereinafter Docket].
7. For a comparison chart of twenty different definitions of the term, see Tristan Claridge, Definitions of Social Capital, http://www.gnudung.com/ literature/definition.html (last visited Aug. 26, 2008). For a discussion of different conceptions of social capital, see Glenna Colclough & Bhavani Sitaraman, Community and Social Capital: What is the Difference?, 75 Soc. INQUIRY 474 (2005). For a historical look at the concept,
8. see James Fair, Social Capital: A Conceptual History, 32 POL. THEORY 6 (2004).
9. See also Emily Chamlee-Wright, The Structure of Social Capital: An Austrian Perspective on its Nature and Development, 20 REV. POL. ECON. 41 (2008) (an analysis of social capital theory). For a concise summary of the concept of social capital,
10. see Russell Mannion & Huw T. O. Davies, Taking Stock of Social Capital in the Production of Health Care, 10 J. HEALTH SERV. RES. & POL. 129, 129 (2003).
11. See also Eva Cox, The Functional Value of Social Capital, 42 AUSTRALIAN J. SOC. ISSUES 503 (2007) (arguing that social capital is a useful concept even if we cannot reach consensus on its proper definition and operationalization);
12. Gregory M. Fulkerson & Gretchen H. Thompson, Fifteen Years of Social Capital (1988-2002): An Analysis of Definitions and Trends in Sociological Journal Articles (Aug. 14, 2004) (unpublished manuscript, online at http://www.allacademic.com/meta/p 108985-index.html).
13. For a discussion of some of the problems of measurement of social capital in Europe, see Frane Adam, Mapping Social Capital Across Europe: Findings, Trends and Methodological Shortcomings of Cross-National Surveys, 47 SOC. SCI. INFO. 159 (2008).
14. See also Peter Knorringa & Irene van Staveren, Beyond Social Capital: A Critical Approach, 65 REV. SOC. ECON. 1, 2-5 (2007) (describing ways in which measurement of social capital is contested).
15. John Brehm, Book Review, 32 CONTEMP. SOC. 345, 345 (2003) (reviewing SOCIAL CAPITAL AND POOR COMMUNITIES (Susan Saegert, J. Phillip Thompson, & Mark R. Warren eds., 2001)).
16. Social capital has been correlated with the performance of government institutions at the regional and local levels. See, e.g., ROBERT PUTNAM ET AL., MAKING DEMOCRACY WORK (1993);
17. Hilde Coffé & Benny Geys, Institutional Performance and Social Capital: An Application to the Local Government Level, 27 J. URB. AFF. 485 (2005);
18. see also Kenneth Newton, Social Trust: Individual and Cross-National Approaches, 3 PORTUGUESE J. SOC. SCI. 5, 15 (2004) (arguing that social capital is associated with "societal characteristics that underpin democratic development and stability").
19. See generally Sara Ferlander, The Importance of Different Forms of Social Capital for Health, 50 ACTA SOCIOLOGICA 115, 120-24 (2007);
20. Jennifer M. Mellor & Jeffrey Milyo, State Social Capital and Individual Health Status, 30 J. HEALTH POL. POL'Y & L. 1101, 1101-03 (2005). Social capital may reduce mortality rates.
21. See, e.g., Robert R. Weaver & Robert Rivello, The Distribution of Mortality in the United States: The Effects of Income (Inequality), Social Capital, and Race, 54 OMEGA-J. DEATH & DYING 19, 21-23 (2006). It also may increase access to and satisfaction with healthcare.
22. See, e.g., Megan Perry et al., Social Capital and Health Care Experiences Among Low-Income Individuals, 98 AM. J. PUB. HEALTH 330, 333 (2008);
23. see also Mikael Rostila, Social Capital and Health in European Welfare Regimes: A Multilevel Approach, 17 J. EUR. SOC. POL'Y 223, 223 (2007) (arguing that "social trust could explain health differences between European welfare regimes"). The conclusion that social capital has positive impacts on health has also been challenged. See, e.g., Howard I. Kushner & Claire E. Sterk, The Limits of Social Capital: Durkheim, Suicide and Social Cohesion, 95 AM. J. PUB. HEALTH 1139 (2005).
24. See, e.g., Eric M. Hampton & Stephen Gruenert, Social Capital and School Success: Combining Internal and External Commitment with School Functioning Factors, 2 J. ETHNO-GRAPHIC & QUALITATIVE RES. 163, 163-64 (2008) (arguing that social capital may explain why some high-poverty, high-minority schools exceed expectations);
25. Glenn D. Israel & Lionel J. Beaulieu, Laying the Foundation for Employment: The Role of Social Capital in Educational Achievement, 34 REV. REGIONAL STUD. 260 (2004) (reporting that some forms of social capital increase test scores);
26. Peter John, The Contribution of Volunteering, Trust and Networks to Educational Performance, 33 POL'Y STUD. J. 635, 635 (2005) (arguing that certain types of social capital increase educational attainment).
27. Evonne Miller & Laurie Buys, Does Social Capital Predict Happiness, Health and Life Satisfaction in an Urban Australian Community?, 3 KÔTUITUI: NEW ZEALAND J. SOC. SCI. ONLINE 15 (2008), http://www.royalsociety.org.nz/Site/ publish/Journals/kotuitui/2008/002. aspx;
28. see also Carey Leigh Usher, Trust and Well-Being in the African American Neighborhood, 6 CITY & COMMUNITY 367 (2007) (arguing that generalized trust is a predictor of wellbeing among a group of African Americans).
29. Kathy Lemon Osterling, Social Capital and Neighborhood Poverty: Toward an Ecologically-Grounded Model of Neighborhood Effects, 16 J. HUM. BEHAV. SOC. ENV'T. 123 (2007) (attempting to model how lack of social capital could account for negative "neighborhood effects," including high unemployment, depression, teen pregnancy, and others).
30. See Susan D. Bennett, Creating a Client Consortium: Building Social Capital, Bridging Structural Holes, 13 CLINICAL L. REV. 67, 95-109 (2006) (arguing that lawyers should seek to build social capital);
31. Willie Brown, The Forgotten Type of Capital: Addressing the Social Capital Deficiency in the Inner City, 11 GEO. J. ON POVERTY L. & POL'Y 527 (2004) (arguing that efforts to eliminate inner-city black poverty should incorporate creation of social capital).
32. For applications of social capital theory to other areas of the law, see Jason Mazzone, When Courts Speak: Social Capital and Law's Expressive Function, 49 SYRACUSE L. REV. 1039, 1060-61 (1999) (arguing that courts in communities with low social capital are less likely to express opinions on society beyond the facts of the case before them, while courts in communities with high social capital are more likely to do so);
33. Richard H. Pildes, The Destruction of Social Capital Through Law, 144 U. PA. L. REV. 2055 (1996) (discussing the relationship between law and aspects of social capital norms).
34. 14PUTNAM, MAKING DEMOCRACY WORK, supra note 7, at 177-78. Other scholars have used the concept of feedback cycles to explain the mechanism by which social activism and protest may have harmful effects on social capital. Successful interactions tend to generate virtuous self-reinforcing feedback cycles - the actors tend to trust each other the next time they interact. Conversely, distrust and negative interactions tend to create vicious self-reinforcing cycles as well, confirming to actors that they should not rely on each other in the future.
35. See John Brehm & Wendy Rahn, Individual-Level Evidence for the Causes and Consequences of Social Capital, 41 AM. J. POL. SCI. 999, 1014-15 (1997) (discussing virtuous and vicious feedback cycles of trust). Due to these self-reinforcing feedback cycles, the emphasis on conflict in social protest and activism may reduce generalized societal trust, which may in turn generate more problems and conflict.
36. Steven F. Messner, Eric P. Baumer & Richard Rosenfeld, Dimensions of Social Capital and Rates of Criminal Homicide, 69 AM. SOC. REV. 882, 896 (2004).
37. ROBERT PUTNAM, BOWLING ALONE (2000).
38. Id.
39. BARBARA ARNEIL, DIVERSE COMMUNITIES: THE PROBLEM WITH SOCIAL CAPITAL (2006).
40. 19Id.;
41. see also RODNEY HERO, RACIAL DIVERSITY AND SOCIAL CAPITAL: EQUALITY AND COMMUNITY IN AMERICA (2007) (criticizing social capital theory from a structural racism perspective).
42. Robert J. Sampson et al., Civil Society Reconsidered: The Durable Nature and Community Structure of Collective Civic Action, 111 AM. J. SOC. 673, 711 (2005).
43. See J. FIELD, SOCIAL CAPITAL 74 (2003) (describing ways that social capital can be related to inequality).
44. Eduardo Bonilla-Silva & Gianpaolo Baiocchi, Anything But Racism: How Sociologists Minimize the Significance of Racism 20 (Aug. 16, 2003) (unpublished manuscript, online at http://www.allacademic.com/meta/p108127-index.html);
45. see also Jane Edwards & Brian Cheers, Is Social Capital Good for Everyone?: The Case of Same-Sex Attracted Women in Rural South Australian Communities, 16 HEALTH SOC. REV. 226, 226 (2007) ("[S]ocial capital is unequally distributed and experienced in different ways .... [B]lanket claims to increase and enhance social capital should be treated cautiously because of the adverse consequences for some groups.").
46. See Christopher R. Browning, Seth L. Feinberg & Robert D. Dietz, The Paradox of Social Organization: Networks, Collective Efficacy, and Violent Crime in Urban Neighborhoods, 83 SOC. FORCES 503, 523 (2004) ("While networks promote neighborhood cohesion and informal social control orientations, they also generate network-based social capital for [criminal] offenders that may inhibit more consequential forms of social control.").
47. Cf. Sangyoub Park, From Bowling Alone To Lattes Together: A Reinvestigation of the Alleged Decline of Social Capital in the United States 13 (Aug. 10, 2006) (unpublished manuscript, online at http://www.allacademic.com/meta/pl04570-index.html). Park suggests that if social tolerance is added to social trust as a component of social capital, then there has been no overall decline in social capital in the United States. Rather, the "main source of social capital has shifted from social trust in individuals to social tolerance."
48. Id. While perhaps true, it is unclear that social tolerance has the same consequences for society as social trust.
49. In light of the recent rush to apply social capital to a wide variety of social ills, some scholars have noted that the concept can be misapplied. Cf. Kate Bezanson, Gender and the Limits of Social Capital, 43 CANADIAN REV. SOC. & ANTH. 427 (2006) (arguing that an insufficiently nuanced application of social capital theory can miss important gender structures);
50. Kuntala Lahiri-Dutt & Gopa Samanta, Constructing Social Capital: Self-Help Groups and Rural Women's Development in India, 44 GEOGRAPHICAL RES. 285 (2006) (arguing that an uncritical attempt to maximize social capital among rural Indian women backfired because it did not take account of local religious, caste, and political differences). An example of misapprehensions that can arise in applying social capital concepts may be found in Jason Mazzone, The Social Capital Argument for Federalism, 11 S. CAL. INTERDISC. L.J. 27, 37-42 (2001). Mazzone argues (without any empirical data) that a federal system of government is better than a single national government at promoting social capital, because it creates numerous levers of power in different locations and therefore creates opportunities for stronger and more diversified civic networks. But it is just as likely that by creating numerous dispersed pockets of power, a federal system could hurt overall social capital, if those smaller pockets are more easily captured by interest groups or individuals. Further, even if a federal system increases opportunities for political interaction, there is no guarantee that those interactions would generate cooperation and trust instead of conflict and distrust.
51. See Clare Farrell, Thinking Critically about Social Capital, IRISH J. SOC., Dec. 2007, at 27, 28 (arguing that social capital on the societal level "is no substitute for old fashioned ideas like empowerment or advocacy or mobilization for social change: ideas which are core to community development yet are challenged by social capital's often functionalist (and conservative) orientation and its consequent emphasis on social cohesion at the expense of social change." (citations omitted)).
52. For instance, one author believes that social capital's effects on society are "more important ]" than benefits to individuals. Jason Mazzone, Toward a Social Capital Theory of Law: Lessons from Collaborative Reproduction, 39 SANTA CLARA L. REV. 1, 6 (1998). Even if true, this is irrelevant in a client-centered view of social capital.
53. Cf. Robert Putnam, E Pluribus Unum: Diversity and Community in the Twenty-First Century, 30 SCANDINAVIAN POL. STUD. 137 (2007), available at http://www3.interscience. wiley.com/cgi-bin/ fulltext/118510920/PDFSTART [hereinafter Putnam, E Pluribus Unum] (arguing that contact with different ethnicities can have short-run negative impacts on social capital, but can lay the groundwork for more inclusive identities with positive long-term effects).
54. Id. at 137.
55. Bowling with Robert Putnam: A Conversation with the Author of Bowling Alone, AM. INT., Jan./Feb. 2008, at 42, 45, available at http://www.the-american-interest.com/ai2/article.cfm?Id= 374&MId=17.
56. Putnam, E Pluribus Unum, supra note 28, at 140-41 (identifying the long-run benefits of diversity and immigration).
57. See Stephen J. Caldas et al., A Case Study of Teachers' Perceptions of School Desegregation and the Redistribution of Social and Academic Capital, 39 EDUC. & URB. SOC'Y 194 (2007) (arguing that busing black students to white schools is a bad idea because it hurts the social capital of the white students).
58. William Galston believes that "[a]lthough the civil rights movement is widely acknowledged to have righted ancient wrongs, epidemics of crime, drugs and teenage pregnancy have exacted a fearful toll." WILLIAM A. GALSTON, LIBERAL PURPOSES: GOODS, VIRTUES AND DIVERSITY IN THE LIBERAL STATE 273 (1991),
59. quoted in Dorothy E. Roberts, The Moral Exclusivity of the New Civil Society, 75 CHI.-KENT L. REV. 555, 569 (2000).
60. Some argue that diversity does not reduce social trust. See, e.g., Christian Bjørnskov, Social Trust and Fractionalization: A Possible Reinterpretation, 24 EUR. SOC. REV. 271 (2008) (arguing based on a large, international data sample that ethnic diversity does not reduce social trust).
61. See, e.g., Melissa J. Marschall & Dietlind Stolle, Race and the City: Neighborhood Context and the Development of Generalized Trust, 26 POL. BEHAV. 125, 146 (2004) (suggesting that some disadvantaged groups can benefit from heterogeneous interactions, even if not all groups do).
62. This is not a quantitative article, and we do not have readily available, real-time measurements of social capital in New Orleans. Therefore, we must speculate in our assessments of how legal strategy decisions might affect social capital.
63. Greater New Orleans Fair Hous. Action Ctr. v. St. Bernard Parish, No. 06-7185-HGBSS, 2008 WL 2510092, at *1 (E.D. La. June 17, 2008) (award of attorney fees following consent order); see also Docket, supra note 3.
64. Greater New Orleans Fair Hous. Action Ctr., 2008 WL 2510092, at *1.
65. The most famous example of this is the NAACP's decades-long strategy to break segregation through a carefully planned series of lawsuits. See RICHARD KLUGER, SIMPLE JUSTICE (1977) (tracing history of desegregation lawsuits).
66. There are real doubts as to whether legal decisions from impact litigation can change society on their own. See, e.g., GERALD N. ROSEN, THE HOLLOW HOPE: CAN COURTS BRING ABOUT SOCIAL CHANGE? (1991) (arguing that they cannot). Nevertheless, court decisions can certainly trigger political debates that do change society. The obvious example is Brown v. Board of Education, 347 U.S. 483 (1954), which triggered debate about the future of race relations, catapulting the country into the height of the civil rights movement and eventually civil rights laws of the mid-1960s. A recent example is Goodridge v. Department of Public Health, 798 N.E.2d 941 (Mass. 2003), in which the Massachusetts Supreme Judicial Court found that the prohibition of same-sex marriage violated the state's constitution. The case triggered national debate and political movements concerning same-sex marriage.
67. For a detailed discussion, see the seminal book GERALD P. LOPEZ, REBELLIOUS LAWYERING (1992), in which the author advocates a new community-based model of lawyering.
68. See Rose Cuison Villazor, Community Lawyering: An Approach to Addressing Inequalities in Access to Health Care for Poor, of Color and Immigrant Communities, 8 N.Y.U. J. LEG. & PUB. POL. 35, 37-38 (2004) (arguing for non-traditional forms of advocacy).
69. See, e.g., David Dominguez, Getting Beyond Yes to Collaborative Justice: The Role of Negotiation in Community Lawyering, 12 GEO. J. ON POVERTY L. & POL'Y 55, 55 (2005) ("[LJawyers are more likely to ensure lasting social change if they help residents of underserved communities articulate their own interests and thereby learn to act as their own longterm advocates.").
70. See, e.g., Sameer M. Ashar, Law Clinics and Collective Mobilization, 14 CLINICAL L. REV. 355 (2008);
71. Luke W. Cole, Empowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law, 19 ECOLOGY L.Q. 619 (1992);
72. Jennifer Gordon, We Make the Road By Walking: Immigrant Workers, the Workplace Justice Project and the Struggle for Social Change, 30 HARV. C.R.-C.L. L. REV. 407 (1995);
73. Lucie E. White, Collaborative Lawyering in the Field? On Mapping Paths from Rhetoric to Practice, 1 CLINICAL L. REV. 157 (1994). For an extensive set of citations to community lawyering scholarship,
74. see Ascanio Piomelli, The Democratic Roots of Collaborative Lawyering, 12 CLINICAL L. REV. 541, 543-45 nn.2-16 (2006).
75. Scott L. Cummings & Ingrid V. Eagly, A Critical Reflection on Law and Organizing, 48 UCLA L. REV. 443, 486 (2001).
76. Id. at 491-92.
77. See, e.g., Bennett, supra note 12, at 95.
78. See, e.g., Villazor, supra note 42, at 49. The author writes that "under a typical strategy grounded in litigation, the lawyer and the litigation process itself become agents of client subordination." While an unhealthy dynamic can exist in any lawyer-client relationship, many impact litigators are able to maintain constructive, empowering relationships with their clients.
79. See Cummings & Eagly, supra note 45, at 516-17 (arguing that community lawyering should be seen not as preempting all other approaches to public interest law, but as one of many tools for public interest lawyers).
80. See, e.g., McWaters v. FEMA, 436 F. Supp. 2d 802 (E.D. La. 2006) (disentangling legal claims against FEMA, ordering FEMA not to require SBA loan applications as a prerequisite for requesting assistance, and placing limits on how quickly FEMA could terminate hotel assistance for some applicants);
81. McWaters v. FEMA, 408 F. Supp. 2d 221, (E.D. La. 2005), modified, 408 F. Supp. 2d 221 (E.D. La. 2006) (same); Settlement Agreement, Brou v. FEMA, No. 06-0838 (E.D. La. 2006), available at http://www.fema.gov/pdf/ library/brou-fema.pdf (settling disability access claims against FEMA);
82. Ridgely v. FEMA, No. Civ.A. 07-2146, 2007 WL 1728725 (E.D. La. June 13, 2007) (granting class certification to plaintiffs who challenged FEMA's arbitrary procedures for recouping overpayments); FEMA Collection of Overpayments Notice, 73 Fed. Reg. 51,831 (Sept. 5, 2008) (suspending recoupment of FEMA overpayments until further notice).
83. See, e.g., Complaint at 2, Navarrete-Cruz v. LVI Envtl. Serv. of New Orleans, Inc., No. 06-0489 (E.D. La. Feb. 1, 2006), available at http://www.splcenter.org/pdf/dynamic/legal/LVI-D&LComplaint-l.pdf (alleging foreign workers not paid properly);
84. Complaint at 3, Daniel Castellanos-Contreras v. Decatur Hotels, L.L.C., No. 06-4340 (E.D. La. Aug. 24, 2006), available at http://www.splcenter. org/pdf/dynamic/legal/Decatur-Amended-Complaint.pdf (same);
85. Second Amended Complaint at 2, Rodrigues v. Belfor USA Group Inc., No. 06-0491 (E.D. La. Jan. 20, 2006), available at http://www.splcenter.org/ pdf/dynamic/legal/belfor-complaint.pdf (same);
86. see also Docket, supra note 3.
87. Litigation in this case is ongoing. Most recently, defendants' motion to dismiss was denied. See David v. Signal Int'l, L.L.C., No. 08-1220, 2008 WL 4266214 (E.D. La., Sept. 11, 2008).
88. Southern Poverty Law Center, SPLC Lawsuit: Indian Guestworkers Defrauded by Recruiters, Forced into Slave-like Conditions, Legal Action (Mar. 10, 2008), http://www. splcenter.org/news/item.jsp?aid=302.
89. Another example of mixing techniques might be the Juvenile Justice Project of Louisiana's ("JJPL") efforts to close juvenile detention facilities around the state. JJPL has worked hard to build networks of families affected by these detention centers and to push for political decisions to close the centers. However, JJPL has often resorted to impact litigation when its organizing efforts stalled. JJPL has been extremely effective in closing detention centers using this combination of community lawyering and impact litigation techniques. See Juvenile Justice Project of Louisiana, What We Do, http://jjpl.org/new/?page-id=3 (last visited Oct. 11, 2008).
90. See, e.g., Taylor v. State Farm Fire & Cas. Co., No. 06-2609, 2007 WL 1237819 (E.D. La. Apr. 25, 2007);
91. Tommaseo v. United States, 80 Fed. Cl. 366 (Fed. Cl. 2008);
92. Orellana v. La. Citizens Prop. Ins. Corp., 972 So. 2d 1252 (La. Ct. App. 2007);
93. see also Docket, supra note 3.
94. For an illustration of non-litigation attempts to create and mobilize community networks around issues relating to levee policy, see the Levees.Org Home Page, http://www.levees.org (last visited Oct. 15, 2008).
95. See, e.g., Bill Reimer et al., Social Capital as Social Relations: The Contribution of Normative Structures, 56 SOC. REV. 256 (2008).
96. Putnam distinguished between bridging and bonding social capital in BOWLING ALONE. See PUTNAM, BOWLING ALONE, supra note 16, at 22. Linking social capital has been articulated separately.
97. See Michael Woolcock, Social Capital and Economic Development: Toward a Theoretical Synthesis and Policy Framework, 27 THEORY & SOC'Y 151, 166 (1998);
98. see also Alan Middleton, Alan Murie & Rick Groves, Social Capital and Neighborhoods That Work, 42 URB. STUD. 1711, 1716 (2005) (discussing three types of social capital).
99. See PUTNAM, BOWLING ALONE, supra note 16, at 22.
100. Id. at 23
101. (quoting Xavier de Souza Briggs, Doing Democracy Up Close; Culture, Power, and Communication in Community Building, 18 J. PLAN. EDUC. & RES. 1-13 (1998)).
102. Nicola Morrison, Neighborhoods and Social Cohesion: Experiences from Europe, 8 INT'L PLAN. STUD. 115, 135 (2003) ("[L]ocalized, inward-looking initiatives may even start to reinforce the processes which keep the neighbourhood as a whole cut off from mainstream society.").
103. See DENA RINGOLD, ROMA AND THE TRANSITION IN CENTRAL AND EASTERN EUROPE viii (2000), available at http://romanothan.ro/romana//rapoarte/docs/ transi.pdf ("Aspects of Roma culture and living conditions . . . reinforce stereotypes by limiting communication between Roma and non-Roma, and contributing to a vicious circle of isolation and marginalization.").
104. Madeleine Leonard, Bonding and Bridging Social Capital: Reflections from Belfast, 38 SOC. 927, 941 (2004), available at http://soc.sagepub.com/cgi/content/abstract/38/5/927 (arguing that the relationship between bonding and bridging capital is far more complex man Putnam believed).
105. See, e.g., Janet McLellan & Marybeth White, Social Capital and Identity Politics Among Asian Buddhists in Toronto, 6 J. INTL MIGRATION & INTEGRATION 235 (2005) (arguing that Lao refugees needed to build bonding capital before they could effectively build bridges to Canadian society).
106. Mel Edwards & Jenny Onyx, Social Capital and Sustainability in a Community Under Threat, 12 LOC. ENV'T 17 (2007).
107. See Delia Baldassarri & Mario Diani, The Integrative Power of Civic Networks, 3 AM. J. SOC. 735 (2007) (arguing that both types are desirable);
108. see also Nicholas Young & Binod Sundararajan, The Social Structure of Freedom: A Structural Analysis of the New York Underground Railroad as an Entrepreneurial Effort (Aug. 11, 2006) (unpublished manuscript, online at http://www.allacademic.com/meta/p104697-index.html) (arguing that various types of social capital among African Americans were crucial in maintaining the Underground Railroad that freed slaves before the Civil War).
109. See supra note 37, and accompanying text (discussing the St. Bernard case).
110. For a discussion of the broader debate between these positions, see RISA L. GOLUBOFF, THE LOST PROMISE OF CIVIL RIGHTS 233 (2007), and MARK V. TUSHNET, THE NAACP's LEGAL STRATEGY AGAINST SEGREGATED EDUCATION, 1925-1950, at 8-12 (1987).
111. See KLUGER, supra note 39, at 170 (discussing a controversial Du Bois article that argued against integration as a primary strategy).
112. Compare DERRICK BELL, SILENT COVENANT: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004) (arguing that integration is neither necessary nor always desirable to empower blacks) with Shaun R. Harper, Realizing the Intended Outcomes of Brown: High-Achieving African American Male Undergraduates and Social Capital, 51 AM. BEHAV. SCI. 1030, 1050 (2008) (arguing that Brown worked for some, though its benefits still need to be expanded).
113. Derrick Bell, Racism as the Ultimate Deception, 86 N.C. L. REV. 621, 630 (2008).
114. Anderson v. Jackson, No. 06-3298, 2007 WL 4163669 (E.D. La. Nov. 17, 2007);
115. see also Docket, supra note 3.
116. See Judith Browne-Dianis & Anita Sinhha, Exiling the Poor: The Clash of Redevelopment and Fair Housing in Post-Katrina New Orleans, 51 HOW. LJ. 481, 484-85 (2008).
117. Id. at 501 (quoting John O. Calmore, Spatial Equality and the Kerner Commission Report/ A Back-to-the-Future Essay, 71 N.C. L. REV. 1487, 1501, 1505 (1993));
118. see also Susan Greenbaum, Comments on Katrina, 5 CITY & COMMUNITY 109, 111 (2006) (arguing that excluding former public housing residents ignored the value of their prior communities);
119. Susan Greenbaum, Poverty and the Willful Destruction of Social Capital: Displacement and Dispossession in African American Communities, 20 RETHINKING MARXISM 42, 51 (2008) (arguing that programs like HOPE VI improperly ignore the value of bonding capital).
120. While many former residents clearly wished to return to the public housing developments, there were a significant number who supported the demolition plan. The supporters included some of our own clients at New Orleans Legal Assistance, as well as other former residents who spoke publicly in favor of the demolition. See, e.g., Coleman Warner & Gwen Filosa, Unanimous Council Votes To Raze 4,500 Units, NEW ORLEANS TIMES-PICAYUNE, Dec. 21, 2007, at 1, available at 2007 WLNR 25192134.
121. The City Council made movements in this direction after Katrina with two Crime Summits, but this process has apparently been abandoned.