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Symposium

The Unlikely Victors

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The intellectuals of the neoliberal movement are best understood as the losers of societal change — rearguard protectionists who decided that rather than concede to democracy, they would subvert and delegitimize it.
Weekly Roundup

Weekly Roundup: September 20

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Allison Tait on trust law and family fortunes, Kate Redburn on Trad Dad Populism, and Sandeep Dhaliwal on the manufactured crisis of “retail theft.” Plus, an upcoming event on Labor Law & the Carceral State, a new Balkinization series on (gasp) Marxism, an upcoming NYC Happy Hour, a new article by David Pozen and Nikhil Menezes, and an. . .
Essay

The Chamber of Commerce’s Moral Panic

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Soon after the 2020 Black Lives Matter protests, the news filled with panicked complaints about “retail theft.” This manufactured crisis replicates the longstanding strategy of the Chamber of Commerce in nurturing a conservative backlash to social movements.
Symposium

Making Families Great Again

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In the resurgence of family fortunes in recent decades, regressive tax cuts tell only half the story. Just as important were trust law reforms that helped family dynasts protect their new gains in ways previously thought impossible.
Weekly Roundup

Weekly Roundup: September 13

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Quinn Slobodian on Melinda Cooper’s Counterrevolution, Shaina Potts on the concept of Judicial Territory, and Christopher Ali on the looming threat of Private Equity to affordable broadband. Plus, a new LPE book series, a new issue of the JLPE, a new book by Lenore Palladino, upcoming events on The Constitutional Bind, public pharma. . .
Essay

Transnational Law as a Battle of Position

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American courts exercise authority beyond U.S. borders, including over foreign governments, all the time. To most observers, this is simply a consequence of increasing economic globalization and legal modernization, which untethered jurisdiction from territory. But this is a mistake. Law has not become divorced from territory but instead actively remapped it;. . .
Weekly Roundup

Weekly Roundup: September 6

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Melinda Cooper on the rise of neoliberal finance, Darren Bush, Mark Glick, and Gabriel Lozada on the blight that Law & Economics has visited upon our society, and a new series highlighting some of our favorite posts from the archive. Plus, upcoming events with Talha Syed on antitrust and Aziz Rana on The Constitutional Bind, as well as new. . .
Symposium

From the Vault: LPE & Antitrust

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To kick off a new series – From the Vault – we dip into the archive and highlight some of our favorite posts on antitrust. Featuring classics by Sanjukta Paul, Sandeep Vaheesan, Marshall Steinbaum, Brian Callaci, and John Mark Newman.
Symposium

The Rise of Neoliberal Public Finance

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How did the American state come to be so extravagant in its recourse to public debt issuance, yet so selectively austere in its public spending choices? To answer this question, we need to understand how two rival schools of thought — Virginia school public choice and supply side economics — converged around the imperative to rein in the redistributive uses. . .