This post explores “extraction” as a keyword for analyzing the social and ecological world. Like “reproduction,” “extraction” has a Marxist pedigree, but it also carries at least four connotations that “reproduction” doesn’t. The first is non-renewability; the second is corruption; the third is waste; and the fourth is violence.
Economic policy must take seriously the social and ecological functions that have been treated as external to the economy altogether
As a historian working in a law school, I think often about what history adds to the study of law and the training of future lawyers. Rarely does history provide an obvious road map to solving new legal problems, but it does at least two other things well: (1) it helps explain why the legal…
My earlier post on for-profit colleges discussed a special instance the limits that a neoliberal lens places on a progressive vision for higher education. In this post I discuss the more general phenomenon and an alternative approach to thinking about higher education. In doing so, I draw from a nascent project that Frank Pasquale and…
In our market supremacist era, is anyone allowed to bring their full self to the marketplace and the workplace? Or must we all be “everywhere and only homo oeconomicus,” as Wendy Brown put it? One of the more arresting aspects of the Supreme Court’s recent Masterpiece Cakeshop case is how neoliberal it isn’t. If neoliberalism casts us…
Thursday’s Supreme Court confirmation hearing was a stomach churning, nauseating affair. Christine Blasey Ford laid her life on the tracks, knowing full well that trains delivering important men can rarely be stopped. That was enough, but then came the turn: Brett Kavanaugh, partisan warrior. He tore into Democrats for a process almost entirely dictated by…
This is a time of crises. Inequality is accelerating, with gains concentrated at the top of the income and wealth distributions. This trend – interacting with deep racialized and gendered injustice – has had profound implications for our politics, and for the sense of agency, opportunity, and security of all but the narrowest sliver of…
To design the right program for capitalism’s legal transformation, we must begin with the right theory of capitalism.
If capitalism is a legal regime above all else, then legal reform is not only necessary but sufficient in order to achieve democratic self-governance, ecological sustainability, and equality. As the collapse of the WTO and the rise of China suggest, however, law alone does not decide who holds economic power.
What the history of multilevel marketing can teach us about our political moment.
What is LPE? Is it a reaction to law and economics? Does it have a method? What is its normative north star? At this year’s ALPE conference, Amy Kapczynski, Corinne Blalock, Aslı Bâli, Sabeel Rahman, Angela Harris, and Yochai Benkler offered their best answers to these questions in two sentences or less.
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.
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.
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?
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.
