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Cradle to the Grave
Cradle to the Grave

Cradle to the Grave

As Sam Moyn has recently argued, “class reductionism” fails to explain differentiation along the generational gradient — a pattern clearly visible in economics, politics, and ideology. Yet a clear picture of how age mediates class would reveal not gerontocracy, but capitalism and the fractionated class system it produces.

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Theorizing Discrimination for the Bad Jobs Economy

Employment discrimination law is primarily concerned with exclusion from good jobs. Yet this leaves unaddressed a corresponding problem: employers seeking out marginalized workers in order to reduce worker pay, degrade working conditions, and minimize the chance of unionization.

Twilight of the Gods

Contemporary proponents of law and economics claim to have abandoned the idea that law is an instrument for maximizing economic efficiency and wealth. Corporate law scholars haven’t yet heard the good news.

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Weekly Roundup: July 24

Madison Condon and Luke Herrine on the economics that Law & Economics ignores, Jeremy Bearer-Friend and Sarah Polcz on why we should tax AI equity, Matt Bodie on the persistence of shareholder primacy, and Diana Reddy on theorizing discrimination for the bad jobs economy. Plus, two PhD scholarships available at UNSW Law, a set of new papers from the. . .

Weekly Roundup: July 10

Fifteen of our favorite films on law and political economy, Jeff Gordon proposes an anti-entrenchment industrial policy, M. Sandhu makes the case against legislative primacy, Aslı Bâli revisits The Constitutional Bind during the interregnum, and R.H. Lossin looks back at early-20th-century criminal syndicalism laws. Plus, a CFP for the Conference of. . .

Property, Sabotage, and the Origins of Anti-Left Repression

Between 1917 and 1921, twenty-one states passed criminal syndicalism laws. These laws, which were intended to help eliminate the Industrial Workers of the World, have largely faded from public memory. Looking back, however, we can see a formula for anti-left repression that has proven durable and widely appealing: the limitation of political speech and. . .

Against Legislative Primacy

On this blog and elsewhere, Congress has recently been cast as a cure for our decrepit democracy. This push for legislative primacy is a mistake: it valorizes a deeply undemocratic institution, relies on a selective reading of the past, and distracts us from vital debates about the policies we should be pursuing and persuading others to support.

The Dilemma of Picking Winners

Industrial policy will often require picking winners: if there were already many domestic firms capable of producing the desired output, there would be no compelling reason for subsidy or special treatment. Yet in doing so, the government risks locking in dominant firms and foreclosing the competition it ultimately needs. How might policymakers avoid this. . .