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LPE Originals

A Just Transition for Finance

The quest for “non-extractive finance” is filled with legal hurdles. This post examines how lawyers can support organizers working to imagine and build a better financial system.

LPE Originals

REDD+ as the Stranger-King

In theory, REDD+ is designed to be a win-win: it brings capital to economically struggling communities while ensuring that forests worldwide are protected for the good of the global community. Yet as theory of the Stranger King makes apparent, some colonialist approaches are softer and gentler than others — colonizing as invitees, rather than by force.

LPE Originals

The Contested Boundaries of Just Transitions Law

During the past decade the concept of a “just transition” has expanded far beyond its roots in the labor movement’s concern for protecting displaced fossil fuel workers. Should we welcome this expansion of the concept? Or will this generic use of ‘just transition’ undermine ​its usefulness as a framing device to guide policy and discourse?

LPE Originals

Woke Capital?

Anti-monopolists are right to worry about the concentrated power of institutional investors, but they are wrong to treat them as all bad. Common ownership presents an opportunity for the left to divide the interests of capitalists.

LPE Originals

Reconstructing the Algebra of Race and Rights

I follow Patricia Williams, Angela Harris & Aysha Pamukcu, in arguing universal rights, to basic income and other resources, are insufficient but necessary ingredients for justice. Indeed, I argue for permanent, non-discretionary funding of these rights. No one truly knows how much money the U.S. government spends encoding and encasing private property rights, much less private capital’s rights to coordinate or contract. In many ways, these costs are “baked into” society. So, ultimately, should it be for rights to income, healthcare, housing, education, employment for all.

LPE Originals

Climate Change and Racial Capitalism

Despite the disproportionate impact of climate change on vulnerable populations who have been largely ignored due to their racialization, legal scholarship on climate displacement has often adopted a doctrinal approach that fails to analyze the underlying systemic causes of the climate crisis and its relationship to race and racism.

LPE Originals

Tracking Extraction

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.”

LPE Originals

An Environmentalism for LPE: Jed Purdy’s This Land is Our Land

Law and political economy is on a roll. The Law & Political Economy Project is about to host its inaugural conference. The Association for the Promotion of Political Economy and the Law has launched a journal dedicated to LPE scholarship. LPE student organizations at law schools across the country have sprouted. After two years, this…

LPE Originals

Losing at Its Own Game: the Right Retreats from Cost-Benefit Analysis

Over the past four decades, the right wing has painstakingly built an intellectual scheme to try to justify the weakening of regulatory public health protections on the basis of neoliberal economic theory. But a couple of decades ago, when the EPA began to figure out how—at least sometimes—to beat them at their own game, that…