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The Law and Political Economy Project
Weekly Roundup

Weekly Roundup: September 26

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Mehrsa Baradaran on neoliberalism’s unlikely victors, Angela Harris on the assault on academic freedom, and David Boehm and Lynn Ta on the forgotten promise of the Norris-LaGuardia Act. Plus, an upcoming event with Sandeep Vaheesan, a CFP on Neoliberalism and the Capitalists, and new pieces by Amy Kapczynski, JW Mason, Matthew Dimick, Yochai Benkler, Eva Nanopoulos, Talha Syed, and Evenlyn Douek and Genevieve Lakier.

Symposium

The Unlikely Victors

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The intellectuals of the neoliberal movement are best understood as the losers of societal change — rearguard protectionists who decided that rather than concede to democracy, they would subvert and delegitimize it.
Weekly Roundup

Weekly Roundup: September 13

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Quinn Slobodian on Melinda Cooper’s Counterrevolution, Shaina Potts on the concept of Judicial Territory, and Christopher Ali on the looming threat of Private Equity to affordable broadband. Plus, a new LPE book series, a new issue of the JLPE, a new book by Lenore Palladino, upcoming events on The Constitutional Bind, public pharma in CT, and whether capitalism is defensible, as well as new pieces by Henry Farrell, Jed Britton-Purdy, Sandeep Vaheesan and Brian Callaci, and Wendy Brown.
Essay

Transnational Law as a Battle of Position

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American courts exercise authority beyond U.S. borders, including over foreign governments, all the time. To most observers, this is simply a consequence of increasing economic globalization and legal modernization, which untethered jurisdiction from territory. But this is a mistake. Law has not become divorced from territory but instead actively remapped it; it has not merely responded to globalization, but actively produced it.
Symposium

The Rise of Neoliberal Public Finance

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How did the American state come to be so extravagant in its recourse to public debt issuance, yet so selectively austere in its public spending choices? To answer this question, we need to understand how two rival schools of thought — Virginia school public choice and supply side economics — converged around the imperative to rein in the redistributive uses of public spending.
Essay

Why Has the Rule of Law Become So Fragile?

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The rule of law is inherently fragile, as law’s legitimacy ultimately depends on politics. Yet as demonstrated by the successful referendum in Berlin to expropriate more than 250,000 apartments from corporate landlords, this very dependence can empower democratic mobilization and redirect the conservative nature of the law towards a progressive future.
Symposium

The Judiciary, Self-Governance, and the Rule of Law

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Earlier this year, in an effort to limit judge-shopping, the Judicial Conference adopted a policy requiring judges to be assigned through a district-wide random selection process. The rejection of this policy by judges in the Northern District of Texas is one sign among many that the judiciary is unfit to regulate itself.
Weekly Roundup

Weekly Roundup: July 19

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Shahd Hammouri on the state duty not to facilitate the transit of weapons to Israel, Helen Hershkoff, Luke Norris, and Judith Resnik on LPE & Civil Procedure, and Kathryn Sabbeth on the one-sided concern for efficiency in eviction court. Plus, an upcoming student info session with Amy Kapczynski and Corinne Blalock on everything you always wanted to know about LPE (but were too afraid to ask). And, as always, the best of LPE from around the web, including new pieces by Veena Dubal, Sandeep Vaheesan, Jake Grumbach, Lev Menand & Morgan Ricks, and Victor Pickard!
Symposium

Who Says Evictions Should Be Efficient?

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Eviction courts are ruthlessly efficient, with the average trial lasting less than two minutes. Yet this speed comes at the expense of tenants’ due process and other rights, while its benefits primarily accrue to landlords. When civil justice reform is taken up in the name of efficiency, eviction courts challenge us to ask: what, or whom, does efficiency sacrifice?
Symposium

Procedure, Inequality, and Access

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Civil procedure is political economy all the way down. Helen Hershkoff, Luke Norris, and Judith Resnik kick off a symposium on the subject by describing the promise of procedure to further equal treatment and accountable decision-making, as well as how such aspirations are undercut by resource disparities and efforts to replace the use of courts with private arbitration.
Essay

The Political Economy of Abortion Law in the EU

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In the aftermath of Dobbs, EU institutions and leaders have started to mobilize to defend reproductive freedom. However, the EU’s current approach to abortion access – which regulates it through economic and human rights frameworks – not only contributes to a stratified system of care, but also risks privatizing and depoliticizing the issue.
Essay

Meddling with International Relations

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Boycotts and international sanctions both represent alternative means of lawmaking that challenge the liberal legal order. But while the disruptive potential of boycotts has largely been contained, international sanctions have evaded the constraints of international law. By looking to the social-movement roots of international sanctions, we might be able to imagine an alternative to today’s world of unfettered unilateral economic coercion.