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The Law and Political Economy Project
Weekly Roundup

Weekly Roundup: February 2, 2024

By LPE Editors

Victor Pickard on taking media out of the market, as well as the launch of our hit reading group, What To Do About the Courts. Plus, a feast of upcoming events: Administering a Democratic Political Economy (today!), LPE Night School (Tuesday), Two LPE@HLS event series (on supply chains and social reproduction), a private law series on globalization, RebLaw 2024, a conference on Neoliberalism and Capitalism in Contemporary History, and an LPE in Europe summer academy.
Announcement

No One Court Should Have All That Power

By LPE Editors

Here’s the terrifying reality: our power-hungry, ultra-conservative Supreme Court will stifle attempts by the government to address climate change, gun violence, racial inequality, and many other pressing problems. Democrats, meanwhile, are unlikely to win back control of the Court until 2065. Given this, it’s past time to take seriously the following question: what to do about the courts? Thankfully, we have just the open course for you.
Weekly Roundup

Weekly Roundup: January 26, 2024

By LPE Editors

Brian Callaci on the limits of anti-monopsony antitrust, and Julia Tomassetti on the political economy of employment status disputes. Plus, a call for applications for the 2024 Law and Organizing Academy, T-3 days until the launch of our open course on the Supreme Court, a new podcast on the CIO, a new global LPE syllabus in our syllabus bank, two amici curiae for NetChoice v. Paxton, and new pieces by Moyn-Doerfler, Fernando Quintana, and Charlotte Rosen.
Essay

The Political Economy of Employment Status Disputes

By

Regulators at both the NLRB and Department of Labor have recently rolled back Trump-era employment status rules. To an outsider, these changes can seem pedantic and inconsequential. A political economy perspective, however, reveals a deeper logic to the new rules, which address three pernicious trends in employment classification — the ability of businesses to manipulate the inherent ambiguity in treating employment like a contract, the ascension of the ideology of human capital, and the norm of the arbitrage economy.
Weekly Roundup

Weekly Roundup: January 19, 2024

By LPE Editors

Zohra Ahmed concludes our symposium on non-reformist reforms, and the blog’s editors highlight some of their most anticipated books for 2024. Plus, the launch of What To Do About the Courts, an interview with Corinne Blalock about the left’s ideological infrastructure, an upcoming event with Sanjukta Paul and Nathan Tankus, John Mark Newman on a(nother) recent FTC win, Sandeep Vaheesan on Uber and the failed political economy of the 2010s, and our friends at Just Money kick off a new symposium on the Moral Economies of Money.
LPE Originals

The Problem of the Court with Nikolas Bowie

By LPE Editors

The first session of our 6-part open course/reading group “What To Do About The Courts,” cohosted with the People’s Parity Project, will take place on January 30th at 8pm ET/ 5pm PT. This session will be lead by Professor Nikolas Bowie. TOPIC: Over the past few years, the Supreme Court has struck down laws and…
Symposium

The Demand for Transparency as Non-Reformist Reform

By

The heuristic of non-reformist reform can help avoid ultra-leftism and create the possibilities for coalition, such as across groups who care about transparency. It can help us salvage the transformative potential of demands that seem to have lost their teeth. But to realize these ends without falling back into reformist pieties, the framework demands rigorous, context-specific thinking that eschews dogmatism.
Essay

Heterodox Corporate Laws in the Global South

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In the face of increasing inequality, legal regimes in the Global North have started to grapple with the distributive consequences of corporate law. They would do well to look to the Global South, where several jurisdictions have pioneered heterodox approaches to corporate law that take into account a broad range of public policy and distributional objectives.
Essay

Upon the Conviction of the Villain Sam Bankman-Fried

By

Earlier this month, Sam Bankman-Fried was found guilty of seven counts of fraud and conspiracy. His conviction should not, however, be seen as any kind of victory. For the past three years, SBF successfully exploited a financial regulatory system stuck in older ways of thinking and increasingly incapable of averting illicit finance in the platform economy. To prevent such predation in the future, LPE scholars must help accelerate the turn to proactive planning, including via the day-to-day, direct supervision of major financial institutions.
Weekly Roundup

Weekly Roundup: November 3, 2023

By LPE Editors

Ryan Martínez Mitchell on China’s developing sanctions regime, Yochai Benkler on the role of law in capitalism, and Elettra Bietti on how not to regulate big tech. Plus, upcoming events with Saule Omarova, Marshall Steinbaum, Veena Dubal, Luke Herrine, Hendrik Theine, Tamara Nopper, Eve Zelickson, and Raúl Carrillo; an interview with Amy Kapcynski and Chris Morten; new pieces from Amna Akbar, Zoë Yunker, James Rowe, and Jessica Dempsey; and a CFP for junior scholars on re-imagining the public-private divide.

Announcement

Early Edition: (More of) the Best New LPE and LPE-Adjacent Scholarship

By

Some people head to the pumpkin patch. Others drink from the unholy fountain of the pumpkin spice latte. But here at the Blog, our favorite autumnal activity is decidedly less gourd-based: we scour the internet for the most exciting forthcoming LPE and LPE-adjacent articles. Covering tech, labor, housing, the administrative state, criminal justice, family law, religious freedom, finance, legal theory, and so much more, this scouting report is not to be missed.
Weekly Roundup

Weekly Roundup: October 20, 2023

By LPE Editors

Talha Syed on the poverty of theory in CLS, Douglas Kysar on climate change and the neoliberal imagination, and Bernard Harcourt on the relationship between legal theory and radical political practice. Plus, an open letter from legal scholars urging an immediate cease-fire in Gaza, an event next week with Stephen Vladeck about the shadow docket, and last call to submit your recently accepted LPE papers.
LPE Originals

The Shadow Docket with Steve Vladeck, Samuel Moyn, and Judith Resnik

By LPE Editors

Please join the LPE Project on Tuesday, October 24th at 12:10 for a lunch talk with legal scholar, Supreme Court expert, and Charles Alan Wright Chair in Federal Courts, Stephen Vladeck about his latest best-selling book, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”  In recent…