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The Law and Political Economy Project
Symposium

The Demand for Transparency as Non-Reformist Reform

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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

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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

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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…
Essay

The Treatise That Has Misled Antitrust Lawyers for Decades

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Stephen Breyer called it more valuable than circuit court precedents and Supreme Court Justices. Yet the Areeda-Hovenkamp treatise on antitrust law adopts misleading legal interpretations that systematically favor corporate power in at least two key areas: thresholds for exclusive-dealing foreclosure and the efficiencies defense for mergers. Time for a reappraisal of an antitrust staple.
Essay

Cruel, But Not Unusual, Market Foundations

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Private equity firms, cloaked under protective securities laws, have increasingly acquired companies that provide goods and services in U.S. jails and prisons. But it is the legal construction of prisoners’ rights that has enabled this market to take the particular form that it has, turning community ties into steady payment streams. In particular, Eighth Amendment jurisprudence, which has affirmed the constitutionality of pay-to-stay fees, has transformed the prohibition against cruel and unusual punishment into a (subordinating) right to credit.
Weekly Roundup

Weekly Roundup: September 29, 2023

By LPE Editors

Asher Morse on how labor agreements could Trump-proof federal agencies, Talia Rothstein on what the creation of law clinics left behind, and Veena Dubal and Renan Kalil on the push to export exploitative US labor laws to Brazil. Plus, a call (by us) for the best new LPE work, two amazing jobs for 3Ls or recent grads, a video of our event with Bernard Harcourt, an event series on full employment, Erik Baker on what strikes are for, Emily Prifogle on teaching Law in Rural America, and Erik Peinert and Morgan Harper on the high price of asthma inhalers caused by blatant patent manipulation.
Essay

The Latest US Export to Brazil? Legalized Labor Exploitation

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Multinational platform companies, including Uber, iFood, Rappi, and 99, are currently pushing to export the United States’ most exploitative new labor laws to Brazil. Lawmakers should reject these attempts. As empirical evidence from the U.S. context shows, adopting a new “intermediate” worker category would be disastrous for low-income workers, and as Courts around the world have found, platform companies exert high levels of control over their workers and thus should be subject to standard labor and employment regulations.
LPE Originals

LPE NYC: The New School’s LPE Night School

By LPE Editors

‘Law and Political Economy of Social Change‘ is the inaugural session of the New School’s LPE Night School. It is a conversation between Amy Kapczynski (Yale Law School) and Corinne Blalock (Law and Economy Project), moderated by Sandipto Dasgupta (NSSR) on law’s relationship to social change, and how law structures our political and economic lives. The Night School…