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Symposium

The Reactive Model of Reasonable Accommodation

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The concept of reasonable accommodations at the heart of the ADA severely undercuts the efficacy of the law. Employers, public entities, and private businesses are allowed to ignore the inaccessible nature of their programs or activities until an individual with a disability seeks (or begs) for access. This reactive, individualized model does little to. . .
Symposium

Moral Equality, Marxism, and Outraged Empathy

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In her earlier work, Marta Russell called readers attention to the economy as a factor producing disablement and argued that we needed to re-embed the market in society, to tame businesses’ need to profit via the social policies of an interventionist state. By the end of her career, however, Russell had gone further, focusing on capitalism itself. Her. . .
Weekly Roundup

Weekly Roundup: October 7, 2022

By LPE Editors

Beatrice Adler-Bolton, Artie Vierkant, and Karen Tani blow the doors off a new symposium on Marta Russell and the Political Economy of Disability, while Rick Weinmeyer calls attention to our public reliance on privately owned toilets. Plus, a new issue of the JLPE, as well as articles by Aziz Rana, Sanjukta Paul, and about the noble work that Sabeel Rahman. . .
Essay

The Public Reliance on Private Toilets

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When most people consider the crisis of American infrastructure, they imagine crumbling roads and bridges, decrepit schools and hospitals, or dysfunctional railways and power grids. This post calls attention to a different, often overlooked component of American infrastructure — public restrooms. Specifically, it argues for a constitutional right to. . .
Symposium

Capitalism & Disability as Research Agenda

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The late Marta Russell is not a well-known figure among legal scholars and practitioners. She should be. Running throughout her writings is a powerful thesis: in many respects, law works to enable profit-seeking, and disability, as a concept, is crucial to that work.
Weekly Roundup

Weekly Roundup: September 30, 2022

By LPE Editors

Ruth Dukes and Wolfgang Streeck on labour law & political economy, Sydney Forde on the economic basis of journalistic “objectivity,” and William Novak on the rise of the modern American administrative. Plus, upcoming events with Sara Nelson, Tim Wu, Sanjukta Paul, and more!
Essay

The Political Economy of Journalistic Objectivity

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Often lauded as the cornerstone of American journalism, the ideal of journalistic objectivity enshrined in corporate newsrooms primarily serves the bottom line, rather than an informed public. Fixing the industry’s misguided attachment to neutrality thus requires addressing its driving force: the economic incentives of news organizations.
Essay

Labour Law and Political Economy

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As a field of law, labour law draws it legitimacy from its capacity to impose a stable order on a conflictual relationship of power and exploitation, and to institutionalize such order as one of justice between classes. Because of this function, labour law is and must be open to contestation and change by those affected by it, responsive to pressures not. . .
Weekly Roundup

Weekly Roundup: September 23, 2022

By LPE Editors

Luke Herrine discusses student debt cancellation and the politics of legal interpretation, Lisa Heinzerling reflects on the persistence of the economic style in regulatory policy, and Erik Peinert argues that the economic style has provided cover for fundamentally reactionary arguments. Plus, a forthcoming event with Sara Nelson & Amy Kapczynski!
Symposium

The Economics of Reaction

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The economic style of thinking has undeniably constrained progressive ambitions. Yet this framing overlooks a secondary role that the economic style plays in political life: it provides cover for explicitly conservative and reactionary arguments by cloaking them in seemingly apolitical, technical expertise.
Symposium

Thinking like a President

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For fifty years, presidents of both parties have offered a vision of regulatory policy that takes the economic style of reasoning as its North Star. Republican and Democratic presidents have differed, however, in their willingness to sacrifice economic purity when it disrupts their larger policy agendas. While Republican administrations have tended to. . .
Weekly Roundup

Weekly Roundup: September 16, 2022

By LPE Editors

Frank Pasquale considers what could replace the “economic style,” Landon Storrs tells the darker history behind the rise of the “economic style,” and Alvin Velazquez explains why the NLRB needs to adopt a more protective joint employer standard. Plus, an LPE event on torts you won’t want to miss!

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