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Weekly Roundup: Oct. 16
Weekly Roundup: Oct. 16

Weekly Roundup: Oct. 16

Katharina Pistor on the Law of Capitalism, and Ntina Tzouvala on capitalism beyond law. Plus, an upcoming event on governing for affordability, Aslı Bâli & Samuel Moyn on peace in a multipolar world, Hanna Folsz & Jake Grumbach on law firms folding and resistance, Sam Bagenstos on the “Nerd Circuit,” Teal Arcadi on the forgotten history of the roadless rule, Pierre-Christian Fink on Hyman Minsky, Mechele Dickerson on student-athlete employment, and Stephen Maher and Scott Aquanno on Trumpism as capitalist triumph.

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What Law Cannot Explain (or Solve) about Capitalism

If capitalism is a legal regime above all else, then legal reform is not only necessary but sufficient in order to achieve democratic self-governance, ecological sustainability, and equality. As the collapse of the WTO and the rise of China suggest, however, law alone does not decide who holds economic power.

Rewriting the Laws of Capitalism

When new constitutional orders came about in the 18th and 19th centuries, they left intact the private legal order that they inherited from feudalism, entrenching property rights and contracts as bulwarks against economic democracy. Reforming this system will require placing private law on a normative foundation that is compatible with democratic self-ordering.

What Could LPE Want from a Method?

Law and economics offers a portable, teachable procedure that students can learn in a semester and apply across fields. Should LPE aim to develop a rival procedure of its own, or should it aspire to a different kind of methodological maturity?

The Neoliberal Grid is in Crisis

To protect customers from rising electricity prices, public officials are urging data center developers to supply their own power. But this approach risks privatizing the power grid, worsening the climate crisis, and eroding electricity’s status as a public good.

Politics, Culture, and Capitalism

How much autonomy does politics have from the prevailing economic order? And what role does culture play in shaping politics? Answers to these questions will help determine law’s potential role in advancing democratic efforts to shape the terms of common life.

A Social Theory of Law in Capitalism

Understanding law’s role in producing the imperatives of capitalism and the relative power of those who occupy different roles in production allows us to identify reforms capable of transforming the structure of those relations.

Recent

Weekly Roundup: Oct. 9

Two new entries in our LPE vs. Law and Economies series: James Tierney considers what LPE could want from a method, and Darren Bush, Mark Glick, and Gabriel Lozada search far and wide for “contemporary” law and economics. Plus, an upcoming LPE Night School event on the NYC housing crisis, Sam Levine on governing AI for consumers and workers, Ben. . .

Weekly Roundup: Oct 2

Marc Shkurovich on the case for public pharma, Katharina Pistor on the challenges of social democratic reform, and Yochai Benkler on taking social relations as the basic unit of analysis. Plus Niko Bowie and Daphne Renan on 5-4, Nate Holdren on Death Panel, new articles by Sanjukta Paul and Sandeep Vaheesan, and more!

Taking Social Relations as the Basic Unit of Analysis

In capitalism, social relations of production exert outsized force on all other domains, distorting and warping relations of reproduction, protection, and meaning-making without fully annihilating their internal capacity to structure relations in their distinct domains. This approach to understanding society, in which social relations are taken as the. . .

The Time for Public Pharma is Now

To make medicines more affordable, policymakers are increasingly turning to price controls and out-of-pocket caps. These measures, while lowering costs, leave decisions about which drugs to manufacture and distribute in private hands. If patients are to have reliable access to the medicines they need, the government must take on a more direct role in. . .