In recent years, unions have experimented with a strategy of “bargaining for the common good”. But, as we have seen with teachers unions and school opening in the pandemic, unions and the general public do not always agree on what the “public good” is. What follows?
In the two decades before the Hepburn Act’s enactment, two entities vied for the right to coordinate the price and distribution of coal. The first—a group known as the Joint Conference of Miners and Operators of the Central Competitive Field—was the child of the United Mine Workers.The second—a group of coal-hauling railroads known as the Seaboard Coal Association—was the child of J. P. Morgan and the Pennsylvania Railroad. Understanding their struggle for power (and why capitalists rather than workers won), can help us better understand the stakes of antitrust.
In my new article, Monopolizing Whiteness, I examine the causes and consequences of “white island districts,” i.e. those that enroll predominantly white and affluent student bodies, despite being in racially and economically diverse metropolitan areas. I theorize that white student segregation in districts like GPSD is a product of (what sociologists refer to as) social closure— a process of subordination whereby an in-group works to curtail an out-group from accessing resources constructed as scarce. I suggest that the “essential facilities” framework of antitrust law can help to illustrate what a legal framework looks like that could appropriately recognize and address the process and harms of social closure.
The history of rural electrification demonstrates why vital public utilities cannot be left to the machinations of the market. To achieve rural rural broadband, we must empower communities to connect themselves in the absence of private capital.
How can we fight for accountability when privatization is designed to allow the government and private contractors to evade just that? A recent lawsuit—and the campaign behind it—points to one underexplored answer.
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. The Neoliberal Republic offers an insightful portrayal of how neoliberalism has permeated France in the past decades. The book helps us to grasp how the legal universe has been deeply implicated in the power…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. Like many other new shiny things, it ended with disappointment. Emmanuel Macron’s victory in 2017 was hailed as the advent of ‘le nouveau monde’ vis-à-vis the old political elites—a glimmer of hope in the…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. The Neoliberal Transformation of the State Antoine Vauchez and Pierre France take the reader backstage in The Neoliberal Republic, providing empirically rich insights into how neoliberalism has permeated French state institutions. More specifically, their…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. Here is a simple story. France, whose economy was largely in state hands, decides to privatize many state-owned enterprises. This move is inspired both by neoliberal theories promoting the superior economic benefits of markets…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. For most scholars and commentators in France and abroad, the election of Emmanuel Macron as president was met with surprise and dismay. The rapid ascent to the apex of power of a thirty-nine-year-old technocrat…
Embracing the terms “economy” and “political economy,” as LPE has done, risks invoking just the kind of separate, reified realm that we are trying to critique. In our view, defining “the economy,” and studying how legal institutions have done so, should be central issues that LPE scholarship aims to address.
The last few decades have been characterized by the return of market fundamentalism: the belief that society can and should be organized through the institutional mechanism of “self-regulating markets.” Many expected that the 2008 financial crisis might constitute a blow to pervasive market expansion and a check on global dominance of private corporations. Not so.…
Toward a theory of market and firm that rejects the Coasian frame altogether.
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 of empowering the disempowered.
Are social media platforms more like common carriers or newspapers? The answer is neither. And that answer has significant implications for how Courts should treat regulation of content moderation.
