Neither Congress nor the Court have called for a one-size-fits-all approach to regulatory analysis, yet CBA continues to loom large in environmental policymaking. Agencies should reach for other tools that better capture the advantages and disadvantages of regulatory alternatives.
The Fair Housing Act, as written, provides several tools to challenge inequitable urban development. Yet the courts have been reluctant to enforce the law.
The logic of the Court’s recent TransUnion decision should make it harder, perhaps impossible, for corporations to enforce various forms of so-called “intellectual property” against competitors and the public. Could and should the legal left wield TransUnion for our own purposes?
The laws that apply to market activities have long catered to the interests of seasoned market actors. Who, then, is to watch out for us lay market users?
Last week, the Supreme Court struck down the Biden Administration’s most recent moratorium on evictions. The decision, along with an anemic federal rental assistance effort, has put millions of people at risk of being removed from their homes. To offer our readers different ways into this important ruling, we asked Amy Kapczynski, Nikolas Bowie, Tara…
As we promised in our post on Monday, below is a list of recommended readings—mostly, but not entirely, from the blog—that helped orient us to the critical and constructive moves of LPE. Our choices are highly partial and subjective, and there is a vast literature on the Blog and elsewhere that can help to orient…
Two 3L LPE fans (and Blog editors) reflect on what LPE has to offer to new law students.
If you’re an egalitarian, why are you only playing the hits?
Today is a big day at the Blog.
At the Blog We hosted the second and final part of our symposium on Courts and Capitalism, which is part of the Democracy Beyond Neoliberalism conference: Joey Fishkin wrote about the long history of the Supreme Court’s opposition to democracy, drawing on his forthcoming book The Anti-Oligarchy Constitution. Judge Lynn Adelman wrote about judges’ role…
I thank the Law and Political Economy Project for inviting me to participate in this blog symposium on capitalism and the courts. I begin by stating the obvious: that we live in a capitalist economic system and a political system that aspires to being democratic. There is clearly considerable tension between these systems. Most capitalists…
At the Blog We started a symposium on Courts and Capitalism, carried over from the Democracy Beyond Neoliberalism conference. Kathryn Sabbeth initiated the proceedings with a detailed meditation on the many points at which our system of litigation privileges the development of rich people’s law and underdevelops poor people’s law. Matthew Dimick turned the conversation…
To understand courts’ relation to the reproduction of economic domination requires close investigation of how they actually work for different types of litigants.
In the two decades before the Hepburn Act’s enactment, two entities vied for the right to coordinate the price and distribution of coal. The first—a group known as the Joint Conference of Miners and Operators of the Central Competitive Field—was the child of the United Mine Workers.The second—a group of coal-hauling railroads known as the Seaboard Coal Association—was the child of J. P. Morgan and the Pennsylvania Railroad. Understanding their struggle for power (and why capitalists rather than workers won), can help us better understand the stakes of antitrust.
In my new article, Monopolizing Whiteness, I examine the causes and consequences of “white island districts,” i.e. those that enroll predominantly white and affluent student bodies, despite being in racially and economically diverse metropolitan areas. I theorize that white student segregation in districts like GPSD is a product of (what sociologists refer to as) social closure— a process of subordination whereby an in-group works to curtail an out-group from accessing resources constructed as scarce. I suggest that the “essential facilities” framework of antitrust law can help to illustrate what a legal framework looks like that could appropriately recognize and address the process and harms of social closure.
