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Weekly Roundup: June 25, 2021

At the Blog Angela Harris, Amy Kapczynski, and Noah Zatz argued that LPE analyses are incomplete without tracking the way law shapes what counts as “the economy” and what is not. We began a symposium on Antoine Vauchez and Pierre France’s book The Neoliberal Republic on the emergence of French neoliberalism. Vauchez himself kickstarted the…. . .

On Law and Racial Capitalism in Palestine

The anti-discrimination framework imagines a situation where authorities unjustifiably favor some categories of its population over others. While this analysis is not wrong, it obscures how Zionism – the political movement for a state for all Jews in the world and Israel’s official ideology – privileges even foreign Jews, to varying extents, over. . .

Government Failures and Private Options

Increasingly progressives are championing “public options” as a response to various market failures. Public options in the all-important health care space stand in for old-school regulation of private providers and old-school redistribution (to better support those struggling to pay for private insurance and medical services). Public options in. . .

Antimonopoly Is About Democratizing the Food System (and the Rest of the Economy)

The goal of antimonopoly policy is not simply to help farmers. Antimonopoly law seeks to redistribute decision making power systematically down the supply chain. Expanding workers’ rights and enacting antimonopoly laws must go together. Establishing more rights for labor without also restructuring this system is unlikely to do more than make marginal improvements. . .

Democracy against Proceduralism

If political morality is to inform our analysis of legal institutions, it must account for the way that these institutions construct coalitions and endow them unequally with power. Theories that focus on fairness or political equality do not sufficiently account for these dynamic and iterative aspects of institutions. What is needed is a democratic morality. . .