LPE Blog

Ferment is Abroad: Techlash, Legal Institutions, and the Limits of Lawfulness

By Salomé Viljoen

As critiques of the centrality of neoliberal economic logic gain traction, we must take care that such work does not simply clear the path for an emerging hegemony of neoliberal computational logic. Instead, we must be attentive to proponents of the epistemic and political dominance of computational mechanisms, and we must critique them on similar grounds. . .

Weekly Roundup

Weekly Roundup: April 16, 2021

By LPE Editors

We’re hiring! Posts on class in the military, on Indian market governance and state legitimacy! Events galore!

Essay

Paradoxes of Neoliberal Governance: How Markets Make States

By Amy Cohen, Jason Jackson

In a recently published article, we use the case of agricultural market liberalization in India to explore what we see as a counter-intuitive aspect of neoliberal governance: that paradoxically, states may desire particular kinds of markets – and hence market actors – to strengthen their political control.

Announcement

We’re Hiring a New Managing Editor!

By LPE Editors

Our current Managing Editor will be stepping down this summer to weather the gantlet of the academic job market. But the Blog must go on! And we need a new Managing Editor to ensure it does so.

Essay

Liberal Internationalist Wars, the American War Dead, and What Elites Say About Them

By Cory Isaacs

The United States ended the draft in 1973, a year that coincides roughly with the beginning of the wage stagnation that has afflicted lower and middle-income American workers ever since. As inequality ballooned, military service likely became a relatively more appealing option for many. Put another way, rational actors who know their own interests and. . .

Weekly Roundup

Weekly Roundup: April 9, 2021

By LPE Editors

At the Blog Shirley Lin kicked off the week with a summary of her argument that the EEOC has undermined the collective commitment to disability accommodations in the workplace by making the accommodation a matter of individual bargaining between highly unequal actors. Then Robert Post argued, in response to Genevieve Lakier and Nelson Tebbe’s earlier…. . .

Essay

Exit, Voice, and the First Amendment Treatment of Social Media

By Robert Post

Would reconsidering the state/private action divide in First Amendment jurisprudence just unleash a torrent of endlessly abusive communications and misinformation of all kinds? Can antitrust categories help to solve the problem?

Essay

The Law & Political Economy of Disability Accommodations

By Shirley Lin

The touchstone of contemporary disability law, the Americans with Disabilities Act of 1990, was a victory of the militant disability rights movement, and was drafted with the social model in mind. However, Congress essentially delegated the design for this mandate to the Reagan-era EEOC, which in turn operationalized accommodations through private exchanges. . .

Weekly Roundup

Weekly Roundup: April 2, 2021

By LPE Editors

The Democracy Beyond Neoliberalism conference takes its first blogged form!

Interview, Symposium

Producing Subjects: Rethinking Productivity, Subjectivity, and Value Part 2

By Susan Dianne Brophy, Anastasia Tataryn

In part two of this series, Susan Dianne Brophy interviews Anastasia Tataryn. Continuing their discussion on how law and markets intersect to produce subjects, and ways to rethink subjectivity in scholarship.

Interview, Symposium

Producing Subjects: Rethinking Productivity, Subjectivity, and Value Part 1

By Susan Dianne Brophy, Anastasia Tataryn

In part one of this series, Anastasia Tataryn interviews Susan Brophy regarding the importance of rethinking productivity, subjectivity, and value.

Weekly Roundup

Weekly Roundup: March 26, 2021

By LPE Editors

At the blog: data governance, information fiduciaries, and countervailing power. In LPE Land: OSLJ’s workers’ rights symposium, 2 LPE 101 sessions, the conference continues, and more!

Essay

Law and Organizing for Countervailing Power

By Kate Andrias, Benjamin Sachs

Readers of this blog need no reminder of the pervasive inequalities that define American society. Nor do readers need to be convinced that a perverse concentration of wealth has had profoundly corrosive effects on the viability of American democracy. In a recent article published in the Yale Law Journal, we argue that the traditional approaches to combatting. . .

Symposium

A General Defense of Information Fiduciaries

By Andrew Tuch

Whether or not an information fiduciary model would be the best way to regulate data governance, it is not guilty of many of the accusations that Lina Khan and David Pozen lob at it.

Essay

Data Governance for a Society of Equals

By Salomé Viljoen

Rather than seeing data as person-like or property-like entity, egalitarians should focus on data relations: the way data’s collection and use puts people (or entities) into relation with one another.

LPE Masthead

Managing Editor James Brandt Editoral Board Zohra Ahmed Corinne Blalock Veena Dubal Luke Herrine Amy Kapczynski Aziz Rana Kate Redburn Ntina Tzouvala Lisa Washington Noah Zatz Student Editors Liz Brown Edie Conekin-Tooze Eve Zelickson

Student Editor Emeriti Sam Aber Ashraf Ahmed Will Bloom Adam H. Bradlow Matthew Buck Brett Davidson Isabel Echarte Tariq El-Gabalawy Berto Elysee Molly Gordon Jeff Gordon Ruthie Lazenby Talya Lockman-Fine Chloe Miller Andrew Miller Roxana Moussavian Lydia Nicholson Ure Obioma

Steffi Ostrowski Sohum Pal Alyssa Peterson Derrick Rice Michaeljit Sandhu Ann Sarnak Elliot Setzer Sarang Shah Isra Syed Zoe Tucker Emily Villano Henry Weaver Nick Werle Anna Wherry Jesse Williams Kate Yoon