Market-Based Law Development
To understand courts’ relation to the reproduction of economic domination requires close investigation of how they actually work for different types of litigants.
To understand courts’ relation to the reproduction of economic domination requires close investigation of how they actually work for different types of litigants.
On Monday, Christopher Ali argued that the history of rural electrification has more radical things to teach us about expanding access to rural broadband than is commonly assumed. On Tuesday, Erika Wilson compared the reproduction of school segregation–and “white island districts” in particular–to monopolization of an essential facility, drawing out several policy implications. On Thursday,…
More so than blind faith in the market, U.S. family policy embraces the principle that government should not intrude into parents’ choices on whether and how to raise children.
The LPE Project is teaming up with the American Constitution Society (ACS) to offer an online course introducing students to LPE analysis. This course will pair lectures and short readings that illustrate how LPE frameworks can help us examine law’s role in the perpetuation of racial and gender injustice, the devaluation of social and ecological…
The LPE Project is teaming up with the American Constitution Society (ACS) to offer an online course introducing students to LPE analysis. This course will pair lectures and short readings that illustrate how LPE frameworks can help us examine law’s role in the perpetuation of racial and gender injustice, the devaluation of social and ecological…
In this post, we specifically consider liberal defenses of private property in the “means of production”. This focus allows us to put the liberal defense of private property into dialogue with Marxism, with which it shares a broad humanistic heritage and many particular normative framings. Our focus also connects liberal property theory with a variety of later critiques of private property in certain productive resources, including those of the progressive and realist lawyers who generated American doctrines concerning “public utility” and other modes of resource governance that are neither strictly “private property” nor strictly matters of state control.
Mari Matsuda is a central scholar within the critical traditions of legal scholarship: in particular Critical Legal Studies, Critical Race Theory, and feminist legal theory. Amna Akbar sat down with her virtually, on December 3, 2020, to ask some questions about her insights on where we are today, where we have been, and where we might go. Today’s part of the conversation focuses on the origins and the legacy of CRT.
Join us for the third session of the LPE Project & ACS’s online course introducing students to LPE analysis. This course pairs lectures and short readings (from our own LPE Blog) that illustrate how LPE frameworks can help us examine law’s role in the perpetuation of racial and gender injustice, the devaluation of social and…
It is an exercise in futility to accept the legitimacy of colonial constructs such as race, gender, property, and state sovereignty, and then work to equalize relations defined in these terms. These constructs are, themselves, the “master’s tools,” designed to perpetuate relations of domination and subordination. Moreover, a more equitable division of the spoils of conquest, should that be possible, wouldn’t change the underlying power dynamics. This is because settler sovereignty has been defined precisely to prevent those under the state’s claimed jurisdiction from exercising self-determination, the right of all peoples to “freely determine their political status and freely pursue their economic, social and cultural development.”
The LPE Project is teaming up with the American Constitution Society (ACS) to offer an online course introducing students to LPE analysis. This course will pair lectures and short readings (from our own LPE Blog) that illustrate how LPE frameworks can help us examine law’s role in the perpetuation of racial and gender injustice, the…
The LPE 101 lectures pair video recordings and short readings from the blog that illustrate how LPE frameworks can help us examine law’s role in the perpetuation of racial and gender injustice, the devaluation of social and ecological reproduction, and the violence of the carceral state under capitalism. The lectures also look at how LPE…
The LPE Project is teaming up with the American Constitution Society (ACS) to offer an online course introducing students to LPE analysis. This course will pair lectures and short readings (from our own LPE Blog) that illustrate how LPE frameworks can help us examine law’s role in the perpetuation of racial and gender injustice, the…
The Law and Political Economy (LPE) Project brings together a network of scholars, practitioners, and students working to develop innovative intellectual, pedagogical, and political interventions to advance the study of political economy and law. Our work is rooted in the insight that politics and the economy cannot be separated and that both are constructed in essential respects by law. We believe that developments over the last several decades in legal scholarship and policy helped to facilitate rising inequality and precarity, political alienation, the entrenchment of racial hierarchies and intersectional exploitation, and ecological and social catastrophe. We aim to help reverse these trends by supporting scholarly work that maps where we have gone wrong, and that develops ideas and proposals to democratize our political economy and build a more just, equal, and sustainable future.
Adrian Vermeule recently made a stir with his proposal for a “common-good constitutionalism.” He argued that originalism had “outlived its utility” now that the right had gained power on the federal bench. Instead it was time for a “substantively conservative approach to constitutional law and interpretation.” We got only a few peaks at the substance,…
If “law and political economy” examines the role of law in constituting and regulating marketcraft and statecraft, one way of “doing” LPE is to look for the role of law in managing the processes by which capitalists extract value from activity putatively outside “the economy.”