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LPE Originals

Of LPE and Legislative Supremacy

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Beau Baumann’s case for legislative supremacy offers a compelling vision for the left. However, branding it as a form of “constitutional politics” risks obscuring its deeper claim: that nothing, not even the Constitution, should stand above democratic lawmaking. His vision will also face significant opposition from liberals and progressives, many of whom remain tempted by courts and presidential power.
LPE Originals

Regulating Hours, Dismantling Work

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In recent decades, work hours have sharply diverged: high-wage workers are logging more time on the job, while low-wage workers face shrinking hours. Rather than trying to fix this imbalance by creating more work, policymakers should redistribute work through stronger overtime protections and a shorter workweek. Yet for this approach to succeed, highly paid white-collar workers will have to confront their own attachment to a work-based social order.
LPE Originals

The American Media Polycrisis: Cascading Layers of Capture

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In countries facing democratic backsliding, attention often centers on state capture of the press. Recent U.S. media failures, however, demand a wider lens. Authoritarian encroachment here rests on deeper layers of capitalist and oligarchic capture. Understanding how these different layers interact and reinforce one another is a necessary first step toward building a more democratic media system.
LPE Originals

Beyond Feasibility in Legal Scholarship

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Law review articles are expected to conclude with a short section, often “Part IV,” that translates analysis into actionable prescriptions. Though well-intentioned, this convention constrains ambition, sidelines critique, and conflates near-term feasibility with rigor. In a moment of institutional unraveling and authoritarian threat, legal scholars and law review editors should resist the Part IV reflex and make space for bolder analyses, longer horizons, and more collective ways of imagining change.
LPE Originals

Why Antitrust Reform Matters

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In the recent exchange between the Marxists and the antitrusters, much of the disagreement has turned on different understandings of the project of antitrust reform. What is its animating goal? Is antitrust a substitute or complement to other forms of regulation? And how does antitrust relate to broader political movements? Identifying rival stances that one might take on these questions can help clarify this debate, while also showing how antitrust law can serve as an instrument for democratizing economic life.
LPE Originals

Facing the Limits

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In Free Gifts, Alyssa Battistoni explores capitalism’s persistent failure to value the natural world. Yet the lesson of this exploration is much broader: that capitalism imposes fundamental limits on our collective freedom.
LPE Originals

Is Climate Change an Externality?

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Environmental harms are often cast as externalities, even by those seeking to emphasize their urgency. Yet the major modern environmental statutes, written before America’s neoliberal turn toward Coasean thinking, expressly rejected the use of economic analysis in designing pollution regulation. What does this history teach us, and how might our thinking shift if we rejected the idea that climate change is best thought of as an externality?
LPE Originals

What Can Politics Make of Nature?

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Alyssa Battistoni’s Free Gifts argues that capitalism limits our freedom to decide how to value the nonhuman world. Politics, as the domain in which we choose the terms of our collective life, has a special role to play in moving beyond these limitations. But what is Battistoni’s conception of politics, and how big is the effective space that the turn to politics opens up for such choice?
LPE Originals

LPE Without Borders: Lessons from the Global South

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Law and political economy scholarship, immersed in a particular history of Northern law and capitalism, has tended to focus on US law and policy, with occasional excursions into Europe. But in a world where imperialist ideas and technologies tend to circle back to the metropole, and where the periphery appears to be the future of the center, the Global South has much to teach LPE about law, capitalism, and development.
LPE Originals

When Nature is Worthless

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Under capitalism, the social domination of nature occurs through and is mediated by the commodity form. Certain portions of non-human nature can be valued, but only when they are transformed into commodities in the course of the capitalist production process. Other portions are not even commodifiable; the biological and physical processes subtending our existence are largely illegible to capitalist subjects qua capitalist subjects, and so are ignored or disdained even as they collapse.
LPE Originals

In the Shadow of Commodification

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While capitalism is typically said to commodify everything, much of what makes up our world isn’t commodified at all. It instead appears as a free gift: a social form that describes the condition of usefulness lacking value. The idea of the free gift can give us a deeper understanding of the environmental problems that plague contemporary capitalism. It can also help us better understand capitalism itself.
LPE Originals

Marx, Antitrust, and the Logic of Capital

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Antitrust may promise to tame corporate power, but it leaves untouched the deeper logic of capitalism that compels production for profit’s sake. In this sense, antitrust is not voluntarist enough, choosing to fight capital with one hand tied behind its back. At the same time, however, antitrust places too much faith in law as a source of normative authority and in an administrative state whose legitimacy is evaporating before our eyes.