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LPE Originals

Consumer Protection after Consumer Sovereignty

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The consumer is at the center of the neoliberal’s moral universe. For both neoclassical welfarists and Hayekian moralists, the consumer is the Everyman. For, whatever else we do, we are all consumers. The “free market” has value because it forces the firms that control the process of production and distribution to compete for our business.…
LPE Originals

Progressive Democracy and Legislative Form

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Adrian Vermeule recently made a stir with his proposal for a “common-good constitutionalism.” He argued that originalism had “outlived its utility” now that the right had gained power on the federal bench. Instead it was time for a “substantively conservative approach to constitutional law and interpretation.” We got only a few peaks at the substance,…
LPE Originals

Money in Context: Part 2

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This is the second post on ‘Money in Context.’ You can read the first post here.  The observation with which I closed Part 1 implicates a challenge – or perhaps better put, it extends an invitation. In light of the inherently infrastructural role played by payment systems and their associated monies in any ‘exchange economy’…
LPE Originals

Money in Context: Part 1

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This is the first of two posts on Money in Context. Read Part II here.  We’ve all heard the adage. ‘Time is money.’ The utterer usually means that time can be spent earning money, so that to ‘waste time’ is to incur a pecuniary opportunity cost. But there’s another sense in which money is time – or…
LPE Originals

Two Timelines of Covid Crisis

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We often hear that the current COVID crisis came “out of the blue,” that “nobody” was expecting it.* But anyone with a decent grasp of pressing issues in public health knew the risks of pandemics. As I wrote in 2014: [R]eduction in hospital facilities and other resources, although “efficient” in normal times, may prove disastrous if there…
LPE Originals

Gideon and the Promise of Right to Counsel

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This week, we’re sharing two discussions on John Whitlow’s recently published article reflecting on New York’s right to counsel in evictions proceedings. Our contributors share visions of right to counsel that move beyond due process rights. The contributors show that right to counsel campaigns are part of broader movements that seek to address the material deprivation underlying the…
LPE Originals

Moving Beyond Liberal Legal Rights: An Expansive Vision of Right to Counsel

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This week, we’re sharing two discussions on John Whitlow’s recently published article reflecting on New York’s right to counsel in evictions proceedings. Our contributors share visions of right to counsel that move beyond due process rights. The contributors show that right to counsel campaigns are part of broader movements that seek to address the material deprivation underlying the…
LPE Originals

The Truth about Buybacks

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People claim to be worried about stock buybacks. In fact, the buybacks are a stand-in for what we can all see: business in this country works for wealthy shareholders, not workers, customers, or communities.
LPE Originals

LPE on COVID (vol 2)

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Today, as part of our ongoing effort to bring you the best LPE work on COVID-19, we’re reposting a letter from Professor Noah Zatz to his City Counsel regarding evictions during the pandemic.
LPE Originals

Enriching the Narrative Economics of Public Options

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Inspired by Anne Alstott & Ganesh Sitaraman’s The Public Option, this post suggests that it is time to tell new stories about the nature and purpose of economic institutions, and that infrastructural investments should be put to work to ensure there is a world we can retire into.

LPE Originals

Coronavirus and the Politics of Care

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It is now clear that we are entering a new phase of the global COVID-19 pandemic. The virus appears in new countries around the world each day. New cases are now regularly reported in the United States, and as testing is scaled up, that number will increase, probably substantially. It is clear now that the…
LPE Originals

In Defense of Rent Control and Rent Caps (Part II of II)

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Yesterday, we posted the beginning of Duncan Kennedy’s testimony before the Massachusetts State Legislature’s Joint Committee on Housing. Below is the second half of the testimony. Claim 3: State provision of more section 8 certificates and subsidized affordable projects can resolve the housing crisis. More section 8s and more rent-restricted affordable subsidized units could in…
LPE Originals

In Defense of Rent Control and Rent Caps (Part I of II)

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The Massachusetts State Legislature’s Joint Committee on Housing is currently considering two bills that would revive rent control in the state. The first bill caps rent increases for not-owner-occupied residential housing at the CPI not to exceed 5%, with an income eligibility proviso. The second much more ambitious bill authorizes localities to choose among a…
LPE Originals

LPE Approaches to Migration and the Labor Market

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This post comes out of the early career workshop ‘Law and Political Economy in Europe’, which took place at the Centre for Socio-Legal Studies, at the University of Oxford, on the 7th of October 2019. Plenty of leftists continue to make the case for limiting migration and enforcing border restrictions. For example, in the UK, union…