What is this thing called capitalism? What, if anything, is the use of legal theory in understanding capitalist society? Is anything gained, or anything lost, if we replace the phrase “Law and Political Economy” with “Legal Theory and Capitalism”? Answers to these questions (and more!) in a hot new double issue of Law & Contemporary Problems.
As we work toward a durable democratic future, a commitment to legislative primacy can serve as an orienting north star. Reaching that goal, however, will require using both legislative and executive tools, especially while we are working with an imperfect, hobbled, and significantly co-opted legislature.
As New York’s Rent Guidelines Board weighs a possible rent freeze, the real significance of its annual hearings lies beyond the final vote. These public proceedings serve as a crucial engine for tenant organizing, building the collective power needed to overcome the real estate industry’s next wave of opposition.
Corporate diversity practices, long celebrated for driving revenue growth and stabilizing stock prices, are now being targeted as liabilities by conservative shareholder activists, consumer boycotts, and litigation. This shift from rainbow capitalism to today’s anti-woke agenda reveals how diversity’s value in the marketplace has always been politically and legally constructed.
What if the price you see isn’t the price, but your price? As personalized pricing and consumer profiling spread, hidden patterns of advantage and disadvantage threaten to undermine the shared conditions that make collective action possible.
Coined by a German economist in 1926, Fordism came to describe the dominant political-economic order of the mid-twentieth century. Could “Muskism” play a similar role in the twenty-first? How should we understand its distinctive regime of accumulation, and what kind of social contract does it propose?
For over a century, fixed prices have made markets more transparent. Surveillance pricing threatens to reverse that progress by allowing corporations to secretly tailor prices using personal data. While states are beginning to respond to these practices, their efforts face growing First Amendment headwinds.
By targeting the addictive design features of social media platforms, K.G.M. v. Meta marks a breakthrough in product liability law. Yet the case also reveals a neglected class dimension: the harms of addictive platform design fall most heavily on those with the fewest alternatives. In addition to regulating these harmful products, we must build a world in which children do not so desperately need them.
At the core of the U.S. banking system is the public’s choice to delegate money-creation privileges to private actors. But what is the public getting in exchange? An ever-swelling suite of predatory credit products and few basic services. It’s time to reset the terms of the bargain.
While student loan repayment has resumed, stability is an illusion. Beneath the surface, mounting delinquency, administrative chaos, and the potential dismantling of federal loan management point to a deeper crisis in the governance of higher education finance.
The conviction of Anti-ICE protestors on terrorism charges represents a dangerous new front in the Trump administration’s war against the left. Yet it also highlights a longer history: over the past several decades, legislatures and courts have enacted a form of guilt by association that is antithetical to collective political action.
Over the past fifty years, corporate advocates have co-opted the language and tactics of modern social movements to graft identity-based attributes onto the corporate entity. These new, personalized dimensions are deployed to weaken corporate regulations and, unlike more traditional forms of lobbying, endure beyond any single campaign. Taken together, they represent a reinvention of the modern corporation.
Waived overnight in response to a crisis for capital but maintained in the face of protest from former and current territories, the Jones Act has a colonial logic that is impossible to ignore. Yet recent constitutional challenges have done precisely that, refusing to acknowledge the Act’s imperial origins and on-going economic harms.
Unable to realize enough profit from their portfolios to repay their investors, landlords are turning the screws on tenants in the form of rising rents and declining conditions. Understanding this financial distress points us beyond questions of supply to a more nuanced analysis of the political economy of rental housing, revealing the market interventions needed to unlock tenant power.
In Argentina’s recent debt renegotiations with the IMF, the overriding goal has been to ensure the government can meet all future payment obligations. Yet the conditions imposed to achieve this aim have deepened a crisis of social reproduction, rendering life itself unsustainable.
