We begin our series celebrating JLPE!Continue Reading
The reinterpretation of antitrust in terms of “consumer welfare” has not resulted in bountiful consumer welfare, but oligarchy unleashed. But, as I wrote in the Journal of Law and Political Economy, antitrust can be a force for fairness and democracy again. A reimagined antitrust law that restricts consolidation of business assets and permits certain. . .
American negotiation theory started as, and for a long time remained, an engagement with labor and class relations. When early scholars developed their theories of negotiation in the context of workplace conflict, they did so in a moment when many workers were familiar enough with Marxist theories of class struggle to readily believe that some differences—for example,. . .
It is an exercise in futility to accept the legitimacy of colonial constructs such as race, gender, property, and state sovereignty, and then work to equalize relations defined in these terms. These constructs are, themselves, the “master’s tools,” designed to perpetuate relations of domination and subordination. Moreover, a more equitable division of. . .
The Editors in Chief of JLPE kick off our series celebrating its first issue!
In which the launch of the Journal of Law and Political Economy is announced!
Through a progressive approach to designing policy feedback loops with communities and their organizations, we can create and win policies that both meet the immediate material needs and redistribute political and economic power more equitably.
This letter seeks to acknowledge how legal academia facilitates mass incarceration. Law professors must do more than teach the blackletter law, and we ask scholars for a commitment to situate their teaching of criminal law within the larger history and current context.
Suing China for the harms wrought by COVID may seem in contrast to a global justice approach of shared responsibility. But there’s no way to assess blame for COVID–or anything else–independently of how to allocate the burdens of prevention and mitigation.
The key to understanding the connection between rights and material conditions is a conception of democracy…. people who are suffering from certain basic forms of deprivation and disadvantage will find it impossible to exercise fundamental rights and they will be unable to participate meaningfully in the project of cooperative government. Liberties may. . .
A roundup of this week’s posts…and more
In Part 1 of this two-part post, I explained that, owing to its endogeneity and consequent vulnerability to what I call Recursive Collective Action Predicaments, monetized public capital must, if it is to be productively rather than merely speculatively deployed, be publicly managed, while privately intermediated capital may be privately managed.I then. . .
The only way to get public capital allocation right, and thus to get credit modulation and long-term productive investment right, is to manage public capital publicly and private capital privately.
Automated hiring systems are paradoxical. Although often the stated reason for adopting them is to curtail human bias, they frequently end up exacerbating the biases they’re meant to correct. Even as employment discrimination continues to morph with the introduction of new technologies, so, too, should the law change to meet it head to head.
Some exciting developments in LPE land amidst the widening gyre! A new Deputy Director, a new LPE101 Course…
Proposals that challenge carceral punishment fail to address the criminal law responses that govern gender-based violence. The failure to include gender violence offenses within progressive reform initiatives often serves to categorize those who have engaged in such harm as unworthy of the benefits of reform.