In a society as deeply divided as our own, it is fanciful to think that we will be able to deliberate our way to a consensus. To resolve the longstanding puzzle of the administrative state’s democratic legitimacy, we need to resist the neoliberal impulse to erase politics and, instead, design opportunities for genuine contestation.
If one spends too much time around mainstream economists, one might be inclined to think the whole idea of a state enforcing norms of fair price is either redundant or perverse. But we know better than that.
Gerald Torres reflects on the ideas that animated the life of Lani Guinier.
Birds of a feather. Ships passing in the night. Sister species. How should we understand the relationship between LPE and the critical legal traditions?
Both law and technology have played a foundational role in constructing, maintaining, and extending neoliberal modes of governance. Technological implementations have given new life to the longstanding neoliberal separation of economic and political domains, and legal methods that have facilitated the neoliberal political economy have also enabled new technologies. As critiques of the centrality of neoliberal economic logic gain traction, we must take care that such work does not simply clear the path for an emerging hegemony of neoliberal computational logic. Instead, we must be attentive to proponents of the epistemic and political dominance of computational mechanisms, and we must critique them on similar grounds and with similar urgency. In addition, theories of the legal programs and methods required to democratize the economy must not ignore the role digital technologies may play in achieving these goals.
In part two of this series, Susan Dianne Brophy interviews Anastasia Tataryn. Continuing their discussion on how law and markets intersect to produce subjects, and ways to rethink subjectivity in scholarship.
In part one of this series, Anastasia Tataryn interviews Susan Brophy regarding the importance of rethinking productivity, subjectivity, and value.
The exact trajectory predictive legal analytics will take in the coming years is really anyone’s guess, but we can be fairly sure that the discourse of cost cutting and increased rationality via technology will be coming for the legal system, piece by piece. As such, it is worthwhile for left legal theory to take legal futurism, and even the idea of a legal singularity, seriously. Doing so, even for critics of liberalism, requires revisiting the liberal principle of the rule of law.
In today’s post I explore how the success of those encampments presents a vision of contracting that counters the traditional Lochner-esque “freedom of contract” through the occupation and democratization of the right to contract which, under a commodified housing system, ultimately enlivens the right to housing.
This summer, in the wake of the murder of George Floyd and the corresponding racial justice uprising, a coalition of unhoused people and organizers with the Black and Brown Workers Cooperative and the Workers Revolutionary Collective quietly hitched some tents in a park just off the Benjamin Franklin Parkway in downtown Philadelphia.
Thursday’s Supreme Court confirmation hearing was a stomach churning, nauseating affair. Christine Blasey Ford laid her life on the tracks, knowing full well that trains delivering important men can rarely be stopped. That was enough, but then came the turn: Brett Kavanaugh, partisan warrior. He tore into Democrats for a process almost entirely dictated by Republicans. He…
As questions of economic inequality have taken center stage in American politics, there has been a growing interest among public law scholars in questions of power, institutional design, inequality, and political economy. Scholars like Zephyr Teachout, Larry Lessig, Yasmin Dawood, and others have used concepts like domination and corruption to diagnose problems of oligarchy, inequality,…
The expression “economic liberty” is a form of conceptual doublespeak. The word doublespeak refers to a kind of “language used to deceive usually through concealment or misrepresentation of truth.” This strategy of redefining reality with the clever use of language is central to the way in which power is exercised in Orwell’s dystopian novel 1984.…
In their first post on this blog, Amy, David, and Jed assert that “politics and the economy cannot be separated.” Nevertheless, as they also observe, the separation of the two – as, for example, in the idea that economic activity is determined by laws of supply and demand that lie outside the power of governments…
This is not the first time that a similar moment of crisis has helped spur creative new thinking about the relationships between law, capitalism, and democracy—and it won’t be the last. In this post, I want to sketch a particular aspect of this trajectory: the long legacy of legal realism and its relationship to our current debates around law and political economy.