This is part of our symposium on the legal representation of poor people. Students often ask how they can put “LPE into practice.” Earlier this year (before law schools went remote because of COVID), Professor Angela Harris spoke at NYU Law and addressed this question, emphasizing three key features of moving from theory to practice:…
This week at the blog… the conversation on the relationship between socialism and constitutionalism (started by Willy Forbath last week) continued. Sanjukta Paul explored the implication of the inevitably constitutive role of law in economic coordination for the relationship between economic regulation and structural constitutionalism, providing a drive-by revisionist account of the National Industrial Recovery…
This post was originally published at Jacobin. Last Monday, the Supreme Court ruled that employment discrimination on the basis of sexual orientation or gender identity is prohibited by Title VII of the Civil Rights Act of 1964. The decision brings employment law in line with public opinion: a majority of Americans favor employment protections for LGBT…
Constitutionalism sits at the commanding heights of law. That framework of governing structures, rights, and ideals shouldn’t be abandoned to right-wing and liberal-centrist construction. Socialists and progressives instead ought to embrace a constitutional vision in which legislative and executive power give effect to the spirit of democratic equality that underlies but outruns the Constitution’s text.
Centering the constitutive power of law destabilizes the usual public/private distinction and enables a vision of socialism that incorporates transformative reforms to “private” entities—and that has room for localism and decentralization, where appropriate.
This week, The Blog hosted the first part of a symposium on socialist constitutionalism. Willy Forbath kicked off the series with a two–part post revisiting the Weimar constitution and its efforts to create a structure for worker participation in multiple levels of government, including in the firm. Sam Moyn responded with notes of skepticism about…
In Forbath’s telling, Weimar is not a cautionary tale but an opportunity for a do over. There’s much to like, and learn, from rekindling this vision of social democracy. In what follows, I invite other characters to this story, drawing from Mexico’s constitutional history, and raise a few questions about the limits of the social democratic bequest as a compass for our imagination.
In my last post, I began a discussion of the Weimar Constitution as one of the first constitutions containing provisions for social and economic rights (SER), and perhaps the very first one, in which socialists had an important hand drafting and expounding. The literature on constitutional SER misses a great deal when it casts the Weimar Constitution as a weak, infant version of later SER constitutions, which grew stronger over time.
Happy Juneteenth, everybody. See y’all in the streets. Look, we’re doing our second weekly roundup in a row! Surely this will last forever. This week at the blog: Brian Highsmith (returning LPE champion) explored the promise of and barriers to restructuring state budgets in this abolitionist moment. Amna Akbar reflected on the abolitionist moment at…
Fiscal structures and funding priorities that local public finance experts have long taken to be intractable are being challenged by a new generation. Although the scale of these actions certainly is new, community groups and local activists have long used tax and budget advocacy as a means for abolitionist organizing.
The price of food increased 2.6% in April, the largest single-month increase since 1974, but food industry executives are insisting that the country has enough food. So why are prices going up? The explanation provided by the industry is that consumers are buying more than they need, creating shortages. But a shortage is not a…
Dear Readers, When Amy Kapczynski introduces law and political economy, she often begins by describing a paradigmatic law student who arrives ready to fight injustice and is quickly sucked into an alienating vortex of efficiency-seeking and cost-benefit analyses. I was that student when I started law school, and by chance stumbled into the nascent LPE…
The Law and Society Association is holding its massive annual meeting online this year, and Law and Political Economy scholars will be there! The meeting takes place beginning this Thursday, May 28. Here is the link to the LSA conference page, where you can access sessions (LSA has said that only registered attendees may do…
This post is part of our ongoing coverage of the COVID-19 Crisis from an LPE Perspective. Sam Hull– As the COVID-19 pandemic continues, debate has begun over when and how to restart society. Some proposals, such as those that call for seniors to sacrifice themselves for the good of “the economy,” expose the inherent inhumanity…
As part of our ongoing effort to bring you the best LPE work on COVID-19, today we bring you this piece from John Whitlow, followed by a roundup of LPE COVID writing published elsewhere. The poet Langston Hughes once wrote, “I wish the rent was heaven sent.” With a record 10 million Americans filing for…
