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LPE Originals

“Business Goes To The Wage Cutter”: Abusive Labor Practices And Unfair Competition

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Antitrust enforcers have recently begun to treat abusive labor practices — such as worker misclassification and noncompete agreements — as unfair methods of competition. But this approach is not new. Since the early twentieth century, labor advocates, legislators, and judges have all recognized that when employers mistreat their workers to obtain cost advantages, they harm both workers and their competitors.
LPE Originals

Did More Competition Make Meatpacking Fairer?

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According to a common antimonopoly narrative, prior to the merger wave of the 1980s, antitrust enforcement kept the meatpacking industry competitive and relatively decentralized — a situation that enhanced farmers’ autonomy and bargaining power. Yet a closer look at the historical record reveals that this fierce midcentury competition also undermined the unionized labor force and New-Deal regulatory regimes that previously dispersed power. Correcting this narrative should encourage antimonopolists not to become too starry-eyed about “competition” as a market regulator.
LPE Originals

How Bankruptcy Prioritizes Property Rights Over Public Good

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After a recent First Circuit decision, private creditors’ bankruptcy rights pose an existential threat to the only electric utility in Puerto Rico. As this outcome shows, we need a new approach to balancing the interests at stake in bankruptcy proceedings — one that protects private property, but not at the expense of undermining major public goods.
LPE Originals

Is Anyone Afraid of Breaking The Price-Fixing Laws Anymore?

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The DOJ’s price-fixing suit against RealPage, which has uncovered brazen collusion among competing landlords across the United States, is a welcome departure from decades of hands-off antitrust enforcement. Yet with prices going up in industry after industry, and so few price-fixing cases brought in recent years, it appears many businesses have determined that the risk of collusion is worth the reward.
LPE Originals

How Should Democrats Respond to the “Migrant Crisis”?

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In the wake of their recent defeat, Democrats’ natural tendency will be to concede the issue of immigration to Republicans and embrace cruelty-lite versions of their opponents’ positions — a strategy that is bound to fail. Instead, Democrats need to offer their own agenda for immigration and internal migration. To do so, they should look to institutional experiments from a forgotten past.
LPE Originals

The Political Economy of the Urban-Rural Divide

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Though the urban-rural divide can sometimes appear like a primordial fault line in American political life, it is a relatively recent development. The Democratic Party’s collapse in the countryside was the predictable consequence of decisions to prioritize certain constituencies to the neglect of others, as it championed the shift to the metropolitan knowledge economy.
LPE Originals

The Machiavellis of the Market: Entrepreneurs Against Democracy

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With Elon Musk plowing his wealth into a pro-Trump super PAC and Jeff Bezos blocking the Washington Post’s endorsement of Harris, it’s easy to overlook the more direct anti-democratic power of the entrepreneurial elite. Their economic power — the ability to shape the future of our society in utterly unaccountable ways — requires no insidious corruption of democratic procedures or public officials. The entrepreneur rules us without ruling through politics.
LPE Originals

Have You Heard the Good News About Consumer Protection?

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Recent years have witnessed a sea change in consumer protection, ushered in by a new generation of enforcers who reject many of the basic premises from the neoliberal era. They aim not merely to ensure that consumers have the information necessary to discipline firms through choice, but to prevent businesses from using their power to shape markets in ways that take advantage of consumers.
LPE Originals

On Fascism: An Afrikan Perspective

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While current analyses of fascism tend to focus on interwar Europe, for George Jackson and other political prisoners, fascism represented the general tendency of the capitalist class to destroy revolutionary consciousness wherever it threatened the established economic order. On this view, rather than being a twentieth-century ideology, fascism was already present in the practices of colonialism and enslavement.
LPE Originals

Octavia Butler and Afrofuturist Legal Critique

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Butler’s speculative fiction uses the freedom dreams of Black Americans to show how the structure of a political economy not only reflects but also shapes legal concepts. By challenging the perceived permanence of existing power structures, Afrofuturism creates space for envisioning new, emancipatory futures.