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LPE Originals

On Judging Cases in the Context of Crisis

I thank the Law and Political Economy Project for inviting me to participate in this blog symposium on capitalism and the courts. I begin by stating the obvious: that we live in a capitalist economic system and a political system that aspires to being democratic. There is clearly considerable tension between these systems. Most capitalists…

LPE Originals

Courts and Constitutional Political Economy

If history is any guide, the long-term solution when the courts are aligned against liberal and progressive causes is not to “reform” the politics out of the courts, but, rather, to confront the courts through politics itself.

LPE Originals

On Courts, Exchanges, and Rights

If CLS was right to point out that law is a form of politics, why does the separation between law and politics exist and persist in our contemporary capitalist society, practically and institutionally if not conceptually?