LPE Originals

Root and Branch Reconstruction in Antitrust: A Symposium

Given the shortcomings of the prevailing antitrust framework, a growing chorus of voices is calling for a ground-up reconstruction of competition law and policy. But what would that look like? This symposium offers an affirmative vision of the new antitrust.

LPE Originals

The Dawn of Antitrust: An Egalitarian Interpretation of the Sherman Act

The conventional interpretation of American antitrust law has neglected its democratic and egalitarian origins. As the Sherman Act's legislative history makes evident, its primary target was the concentration of economic power, rather than coordination among workers, farmers, and other smaller producers.

LPE Originals

On Socializing the Constitution of Economic Coordination

This post is part of our symposium on socialist constitutionalism. Professor Forbath’s essay, drawing from his research into the Weimar Constitution, urges us to reconsider what we mean both by socialism and by constitutionalism. He recovers and makes vivid a socialist vision that is neither about (simply or necessarily) “nationalizing” industry nor only about redistributing the…

LPE Originals

The Constitutional Role of Economic Coordination Rights

There’s a common notion that pervades legal and policy debate—including among fairly liberal Democrats—that collective bargaining mechanisms, and even public coordination of markets through minimum wages and working conditions, distort market outcomes and are therefore inefficient (though they may be justified by countervailing considerations). This position immediately sets up a kind of presumption against labor…

LPE Originals

Labor Relationships & and the Legal Vision of 1L Contracts

Contracts is more than an area of law; it is a key piece of the vision we lawyers bring to many other areas of law. The 1L Contracts course supplies a foundation-stone of the “pre-analytic vision” with which lawyers will eventually think about many other things, including labor relationships. Labor regulation as such is addressed…

LPE Originals

The Allocation of Economic Coordination Rights

The concept of economic competition is central to policymaking deliberation in this country. Yet even as our understanding of that concept evolves to take better account of corporate power, our thinking about competition retains a fundamental blind spot. Simply, the boundaries of the business firm insulate many instances of economic coordination that would be deemed anti-competitive…