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LPE Originals

The Making of a Caregiving Crisis

A system of employer-based health benefits created not only a fragmented health care financing structure but also an extremely powerful and consolidated industry that now resists changes to that structure.

LPE Originals

Labor Law and Employer Domination: From Steel to Care

Postwar steelworkers and contemporary healthcare workers inhabited strikingly different economic circumstances. Yet in both eras, courts allocated to companies various powers they could use to impose market discipline on workers, thereby facilitating the degradation of work.

LPE Originals

The Making of a New Working Class

What happens when the factory is gone and the working class has been rendered dispersed and invisible? In this post, Gabriel Winant kicks off a symposium on his recent book, The Next Shift: The Fall of Industry and the Rise of Health Care in Rust Belt America.

LPE Originals

Lessons for Legal Mobilization

What role do lawyers play in advancing progressive social change? Examining the recent history of labor activism in Los Angeles, Scott Cummings distills some lessons for legal mobilization in contemporary social movements.

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

Economic Democracy at Work

Workers should have enough representation on corporate boards to influence major decision making. Questions of institutional design should not stand in the way of this common sense reform.

LPE Originals

Labor Bargaining and the “Common Good”

In recent years, unions have experimented with a strategy of “bargaining for the common good”. But, as we have seen with teachers unions and school opening in the pandemic, unions and the general public do not always agree on what the “public good” is. What follows?

LPE Originals

Coalminers and Coordination Rights

In the two decades before the Hepburn Act’s enactment, two entities vied for the right to coordinate the price and distribution of coal. The first—a group known as the Joint Conference of Miners and Operators of the Central Competitive Field—was the child of the United Mine Workers.The second—a group of coal-hauling railroads known as the Seaboard Coal Association—was the child of J. P. Morgan and the Pennsylvania Railroad. Understanding their struggle for power (and why capitalists rather than workers won), can help us better understand the stakes of antitrust.

LPE Originals

Where is the Political Economy?

Embracing the terms “economy” and “political economy,” as LPE has done, risks invoking just the kind of separate, reified realm that we are trying to critique. In our view, defining “the economy,” and studying how legal institutions have done so, should be central issues that LPE scholarship aims to address.

LPE Originals

On Law and Racial Capitalism in Palestine

The anti-discrimination framework imagines a situation where authorities unjustifiably favor some categories of its population over others. While this analysis is not wrong, it obscures how Zionism – the political movement for a state for all Jews in the world and Israel’s official ideology – privileges even foreign Jews, to varying extents, over indigenous Palestinians. The systemic harm here is not merely discrimination; it is one of colonialism. And when we speak of colonialism – and especially settler colonialism, which seeks not only to rule native populations but to replace them – the logic of racial capitalism is seldom far behind.

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.