Sam Moyn has recently suggested that the LPE movement should embrace an underlying account of what law does — and by extension, an account of capitalism and the state. But no single theoretical perspective, however self-consistent and well fortified, can match the complexity of our world. If we are to acknowledge this reality without falling into social-theoretic nihilism, we must take seriously the practice of theoretical pluralism.

In this post, we specifically consider liberal defenses of private property in the “means of production". This focus allows us to put the liberal defense of private property into dialogue with Marxism, with which it shares a broad humanistic heritage and many particular normative framings. Our focus also connects liberal property theory with a variety of later critiques of private property in certain productive resources, including those of the progressive and realist lawyers who generated American doctrines concerning “public utility” and other modes of resource governance that are neither strictly “private property” nor strictly matters of state control.

I wrote a lot about Property between 2005 and 2010. I came to the topic as a new law professor because it struck me as something like constitutional law for the economy: the basic arrangement of power, cooperation, and legitimacy. The writing I did then was about how property law creates the terms on which…

Judge Brett Kavanaugh, now very close to controlling the decisive vote on the Supreme Court, resembles other candidates for high political office. He has a constituency–the Federalist Society, anti-abortion activists, everyone who hopes to see Obamacare weakened and affirmative action ended–and other constituencies in opposition. Lots of money is being raised and spent for and…

This week, I published two pieces about economic power. One, an op-ed in the New York Times, distilled some major themes from the Supreme Court’s neoliberal jurisprudence: allowing private power to colonize public law (arbitration), using constitutional rights to protect economic power (First Amendment restrictions on union dues and campaign finance), and deploying federalism doctrine…

Like many of you, we’ve been moved by the voices of the student activists from Marjory Stoneman Douglas High School. With fierce focus and astonishing political savvy, they’ve unleashed an urgent new national debate about gun control. America today has the highest per capita gun ownership in the world, and evidence suggests that this is…