LPE Originals

Coronavirus and the Politics of Care

It is now clear that we are entering a new phase of the global COVID-19 pandemic. The virus appears in new countries around the world each day. New cases are now regularly reported in the United States, and as testing is scaled up, that number will increase, probably substantially. It is clear now that the…

LPE Originals

The Curative Power of Law and Political Economy

Ask not for whom the First Amendment tolls: It tolls for you.  Or so I argue in an essay just published at the Columbia Law Review online.  It’s called “The Lochnerized First Amendment and the FDA: Toward a More Democratic Political Economy”—a boring title for a vital and urgent problem.  Courts, speaking in the name…

LPE Originals

A Neoliberal Masterpiece?

In our market supremacist era, is anyone allowed to bring their full self to the marketplace and the workplace?  Or must we all be “everywhere and only homo oeconomicus,” as Wendy Brown put it?  One of the more arresting aspects of the Supreme Court’s recent Masterpiece Cakeshop case is how neoliberal it isn’t. If neoliberalism casts us…

LPE Originals

Partisan Warriors and Political Courts

Thursday’s Supreme Court confirmation hearing was a stomach churning, nauseating affair. Christine Blasey Ford laid her life on the tracks, knowing full well that trains delivering important men can rarely be stopped.  That was enough, but then came the turn:  Brett Kavanaugh, partisan warrior.  He tore into Democrats for a process almost entirely dictated by Republicans.  He…

LPE Originals

What Comes After Not Enough?

What might a new human rights movement look like after Occupy, Brexit, Piketty, and Trump?   Sam Moyn’s new book brings us deftly to the edge of this question, and it’s here that I want to jump in.   Not Enough offers important insights into some of the failures of the existing movement, at least in its…

LPE Originals

Law and the Political Economy of Technology

In April, Jack Balkin, Yochai Benkler and I convened a workshop on the law and political economy of technology at Yale Law School. Participants drafted thought papers, which we spent the better part of two days discussing.  In the coming weeks, many participants will post revised papers or reflections in a series of posts that…