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From Form to Reform in Law and Finance: Tammy Lothian

As with most topics having to do with our primary modes of production and distribution – “microeconomics,” “macroeconomics,” “industrial economics,” “labor economics,” … – so with “financial economics” there is a well-entrenched orthodoxy that seems to enjoy pride of place in the academy and on the hustings. Indeed, one often hears “the financial markets” described…

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The Mythical Community Bank

It’s not particularly surprising that ten years after the financial crisis, the Senate is poised to pass a deregulatory banking bill. In the world of banking regulation, memories are remarkably short. In fact, armies of lobbyists have been slowly chipping away at Dodd- Frank since its passage. But there is something sinister in the way…

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Guns and Privatized Sovereignty

Like many of you, we’ve been moved by the voices of the student activists from Marjory Stoneman Douglas High School. With fierce focus and astonishing political savvy, they’ve unleashed an urgent new national debate about gun control. America today has the highest per capita gun ownership in the world, and evidence suggests that this is…

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Building on the Fight For $15: Lessons from the West Virginia Strikers

In a week chockful of major news about the American labor movement, no story has captured the imagination of workers and labor activists across the country like the West Virginia teachers’ strike. Despite having no legally protected right to strike or collectively bargain, and despite facing Republican control of both houses of the legislature and…

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Structural Inequality and the Law: part II

In the 2015 case Texas v. Inclusive Communities Project (2014), the Court upheld the application of a disparate impact standard for judging violations of the Fair Housing Act, enabling advocacy groups to challenge urban development policies that (re)produced patterns of racial and economic segregation. In justifying this interpretation of the statute, Justice Kennedy offered in…

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Structural Inequality and the Law: part I

In the 2007 school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court struck down the voluntary school desegregation efforts by Louisville, Kentucky, and Seattle, Washington for employing an overly aggressive mode of racial balancing. In his majority opinion, Chief Justice John Roberts argued that de jure segregation—of…

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There is no necessary trade-off between good work and more work

Mainstream economists tend to frame employment policy as a series of tragic trade-offs. If policymakers raise the minimum wage, they are told, employment will inevitably fall, perhaps precipitously. Requirements for vacations, too, might crash the job market. (Never mind that dozens of other prosperous countries mandate paid vacation time.) Technocrats of the center left complain…

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Environmental Trumpism at Bears Ears

The enormities keep coming. The Trump Administration is especially busy in environmental and natural resources law, where the executive branch can get a lot done without Congress. There’s the elimination of the Clean Power Plan, the revival of offshore drilling, withdrawal from the Paris Agreement on climate change, repeal of rules to protect streams from…

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No Servants, No Masters

Earlier this week, a Politico piece by Eric Posner (Chicago Law) and Glen Weyl (Microsoft Research) started to bounce around in progressive labor and twitter circles. It’s entitled “Sponsor An Immigrant Yourself,” and proposes  a new “Visas Between Individuals” program through which, they assert, “native workers rather than corporations” could reap the benefits of liberalized…

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The dark side of the ‘data-driven’

In her fascinating new book Automating Inequality, Virginia Eubanks recounts that the first “big data” set in the United States “was the Eugenics Records Office in Cold Spring Harbor. It was the public arm of the eugenics movement.” While the systematic collection of data has underpinned many important initiatives, it also has a dark side.…

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Tax policy is human rights policy

“[T]ax policy is…human rights policy.” – Philip Alston, UN Special Rapporteur on Extreme Poverty and Human Rights On the eve of December 1, 2017—as members of the United States Senate prepared for a late night of political contestation—Senator Bernie Sanders made the Republican tax bill a human rights issue. Senator Sanders drew attention to UN…

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Just Transitions?

“Either Way the Outlook is Dire, Especially for the Poor.” So concludes a journalist after reviewing a draft report by the International Panel on Climate Change (IPCC) on the environmental justice and human rights consequences of climate change. The 800-plus page report, which is not yet publicly available, details the effects of a 1.5 degree…

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The Crisis of Progressive Neoliberalism

How should we understand the crisis of the current moment? Is the election of President Trump a temporary aberration or does it reflect deeper political trends—both in the United States and elsewhere? In a recently published essay in American Affairs, I argue that the defining features of Trump’s agenda did not come out of nowhere. What…

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The Movement for Black Lives Offers an Abolitionist Approach to Police Reform

For several years, I have been thinking about the rise of racial justice movements that account for political economy—specifically, those with anti-capitalist commitments. I am thinking of the Movement for Black Lives, and aspects of the immigrant justice movement. These social movements mark the revival of anti-capitalist racial justice politics in the United States in…