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The Law and Political Economy Project

Facing the Limits

In Free Gifts, Alyssa Battistoni explores capitalism’s persistent failure to value the natural world. Yet the lesson of this exploration is much broader: that capitalism imposes fundamental limits on our collective freedom.

When Nature is Worthless

Under capitalism, the social domination of nature occurs through and is mediated by the commodity form. Certain portions of non-human nature can be valued, but only when they are transformed into commodities in the course of the capitalist production process. Other portions are not even commodifiable; the biological and physical processes subtending our existence are largely illegible to capitalist subjects qua capitalist subjects, and so are ignored or disdained even as they collapse.

Marxism and Antitrust: A Provocation

How should we understand the relationship between Marxism and antitrust? To what extent do these traditions involve conflicting methods and assumptions? And, despite their differences, can we imagine a constructive give and take, where the two intellectual programs nonetheless align into a useful division of labor?

How Should Democrats Respond to the “Migrant Crisis”?

In the wake of their recent defeat, Democrats’ natural tendency will be to concede the issue of immigration to Republicans and embrace cruelty-lite versions of their opponents’ positions — a strategy that is bound to fail. Instead, Democrats need to offer their own agenda for immigration and internal migration. To do so, they should look to institutional experiments from a forgotten past.

The Unlikely Victors

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.

The Rise of Neoliberal Public Finance

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.

Weekly Roundup: June 29

Ntina Tzouvala on Genocide and Political Economy at the ICJ, Chloe Thurston and Emily Zackin on the long history of American debtor politics, and James Kilgore, Emmett Sanders, and Kate Weisburd on the many myths of electronic monitoring. Plus, Amy Kapczynski reviews Mehrsa Baradaran’s new book, Noah Zatz discusses the court order enjoining the UC grad students’ strike, Beatrice-Adler Bolton interviews Maryam Jamshidi about securitizing the university, Beatrice Cherrier launches a ten-part series on discounting, Gali Racabi shares a new open-access work law textbook, a new roundtable at Inquest looks at the role of prosecutors in dismantling mass incarceration, Tony Smith reviews a recent collection on Marxism and the Capitalist State, and the Progressive Talent Pipeline is looking for people to train and recommend for staff roles in Congress and government agencies. Could this be your year?

Weekly Roundup: March 22

Sara Rankin on the most consequential homeless rights case in decades, Marshall Steinbaum on the material basis for the culture war over higher education, and Marc-William Palen on recovering the left-wing free trade tradition. Plus, so many upcoming events this excerpt simply can’t do them justice: Empire and Constitutional Law, Historical Approaches to Neoliberal Legality, Participatory Law Scholarship, Heterodox Economics Meets LPE, Digital Identity and Domination, Money-Empire-Law, and much else.

Weekly Roundup: February 23, 2024

Daniel Morales analyzes the “crisis” at the US-Mexico Border, while Ganesh Sitaraman and Matthew Buck discuss the history of airline regulation. Plus, research grants from the HPE project, a CFP on labor and the law, Willy Forbath on the Taft Court, Zephyr Teachout on Netchoice, a new episode from Fragile Juggernaut, a conference on the future of work, and a last call to apply for the LPE in Europe Project’s Summer Academy.

What Non-Reformist Reforms Meant to Us

Amna Akbar’s recent article on non-reformist reforms foregrounds a question that the LPE movement often bypasses: namely, how might systemic social change occur in the 21st century? However, in considering this question, the article erases nearly fifty years of theory-work, which has much to teach the legal left as it recovers the notion of non-reformist reform.