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LPE Originals

Between Slavery and Incarceration: an Interview with Christopher Muller

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An expert on the history of mass incarceration explains why the Black incarceration rate was lower in the South than in the North for much of the 20th century, why recent decades have witnessed rising class inequality in prison admission rates, and why functionalist explanations of incarceration often cloud our scholarly and political thinking.
LPE Originals

“Business Goes To The Wage Cutter”: Abusive Labor Practices And Unfair Competition

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Antitrust enforcers have recently begun to treat abusive labor practices — such as worker misclassification and noncompete agreements — as unfair methods of competition. But this approach is not new. Since the early twentieth century, labor advocates, legislators, and judges have all recognized that when employers mistreat their workers to obtain cost advantages, they harm both workers and their competitors.
LPE Originals

Did More Competition Make Meatpacking Fairer?

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According to a common antimonopoly narrative, prior to the merger wave of the 1980s, antitrust enforcement kept the meatpacking industry competitive and relatively decentralized — a situation that enhanced farmers’ autonomy and bargaining power. Yet a closer look at the historical record reveals that this fierce midcentury competition also undermined the unionized labor force and New-Deal regulatory regimes that previously dispersed power. Correcting this narrative should encourage antimonopolists not to become too starry-eyed about “competition” as a market regulator.
LPE Originals

The Political Economy of the Urban-Rural Divide

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Though the urban-rural divide can sometimes appear like a primordial fault line in American political life, it is a relatively recent development. The Democratic Party’s collapse in the countryside was the predictable consequence of decisions to prioritize certain constituencies to the neglect of others, as it championed the shift to the metropolitan knowledge economy.
LPE Originals

The Promise of America’s Forgotten Labor Law

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Given threats to the current system of labor rights protection — as well as unions’ increasing willingness to take an active role in addressing controversial political issues — the often overlooked Norris-LaGuardia Act is primed to take on new relevance in coming years.
LPE Originals

Workers of the Law Reviews, Unite!

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The uncompensated work that law students perform to run the field’s journals is best understood as part of an economy of prestige: an opportunity to burnish one’s resume in hopes of landing a lucrative or high-status job after graduation. Among other problems with this arrangement, it leaves American legal scholarship vulnerable to repression. Recently, however, journal workers have begun to organize around the conditions of their labor – an effort that has the potential to transform the landscape of legal publication and, in doing so, contribute to a culture of increased solidarity in law schools themselves.
LPE Originals

Labor’s Constitutional Vision in the Face of Capital’s Attack

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Presented with a conservative supermajority on the Supreme Court, corporations and right-wing trade associations have launched a series of constitutional challenges to worker rights. In response, workers are putting forward a fundamentally different vision for our economy and society — an alternative not only to business’s right-wing constitution but also to the New Deal constitutional settlement.
LPE Originals

(Some of) The Best New LPE and LPE-Adjacent Scholarship

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With the spring submission season nearly in the books, we highlight some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering antitrust, legal theory, climate change, religion, disability, labor, consumer protection, criminal law, and so much more, this scouting report is not to be missed.
LPE Originals

The Necropolitics of Milei’s Labor Governance

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Javier Milei’s labor policies in Argentina highlight two often overlooked features of contemporary capitalism: the emergence of new labor subjects and the role of violence in processes of labor precarization. This production of precarity serves as a mechanism for framing certain lives as disposable and bolsters illegal economies that are increasingly replacing the welfare state’s promise of social inclusion.

LPE Originals

Can Workers Bargain Over Bombs?

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In their statement calling for a ceasefire between Israel and Palestine, the UAW International Executive Board raised a tantalizing possibility: What if UAW workers were to divest their labor from the construction of weaponry? Under current labor law, how might workers make their complicity in the military-industrial complex a mandatory subject of bargaining?
LPE Originals

Territorial Labor and the Political Economy of American Empire

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From Afro-Diasporic laborers building the Panama Canal to contemporary Micronesians trafficked to work in Iowa’s pork industry, the labors of “territorial peoples” have been central to America’s economic rise. This often overlooked history is both an indictment of our constitutional tradition and a harbinger of the tactics of legal disempowerment deployed against labor writ large.