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Essay

On Justice Ginsburg and the Political Economy of the Family

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The argument that gender stereotypes structured law, and therefore shaped social identities and practices, is relatively familiar to historians and legal scholars. Less widely discussed is how gender ideologies influenced the development in the United States of what sociologist Gøsta Esping-Andersen termed a liberal welfare state. How did Ruth Bader Ginsburg’s. . .
Symposium

Climate Change and Racial Capitalism

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Despite the disproportionate impact of climate change on vulnerable populations who have been largely ignored due to their racialization, legal scholarship on climate displacement has often adopted a doctrinal approach that fails to analyze the underlying systemic causes of the climate crisis and its relationship to race and racism.
Symposium

The Functional Logic of Antitrust: Oligarchy vs. Democracy

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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. . .
Symposium

A Labor Theory of Negotiation: From Integration to Value Creation

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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,. . .
Symposium

Different Paths: Colonization is More than Exploitation

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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. . .
Essay

Planting an Orchard

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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.
Essay

Toward a Democratic Political Economy for the First Amendment

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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. . .

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