It’s not particularly surprising that ten years after the financial crisis, the Senate is poised to pass a deregulatory banking bill. In the world of banking regulation, memories are remarkably short. In fact, armies of lobbyists have been slowly chipping away at Dodd- Frank since its passage. But there is something sinister in the way…
Most years, I teach an introductory course on International Trade Law. And every year since I began I’ve included a session on the international financial architecture, on the view that this architecture is intimately bound up with the functioning of the trade regime. I begin the course predictably enough with a series of sessions on…
“[T]ax policy is…human rights policy.” – Philip Alston, UN Special Rapporteur on Extreme Poverty and Human Rights On the eve of December 1, 2017—as members of the United States Senate prepared for a late night of political contestation—Senator Bernie Sanders made the Republican tax bill a human rights issue. Senator Sanders drew attention to UN…
Are prices the sort of thing that can be fair or unfair? It seems to be common to assume so. Health care is said to cost too much, unhealthy foodstuffs to cost too little. Air and water, we say, should be free. Maybe college and health insurance should be as well? Yet while we frequently…
Paying for corporate tax cuts with revenue raised from grad students and universities sounds like a parody of a Republican tax bill. Unfortunately–like many seeming parodies these days–it was all too real. The tax bill that originally passed the House would have taxed both graduate student tuition waivers and university endowments above a certain level,…
How might we come to better understand the complex, multilevel, and interdependent world in which we live? This is a particular challenge for international and global legal scholars whose methods of analysis typically are confined to empirically observable legal phenomena in the form of international conventions, treaties, custom, and the like. In this post, I…
Economists tend to characterize the scope of regulation as a simple matter of expanding or contracting state power. But a political economy perspective emphasizes that social relations abhor a power vacuum. When state authority contracts, private parties fill the gap. That power can feel just as oppressive, and have effects just as pervasive, as garden…
Over the weekend, CVS announced a proposal to acquire Aetna. The $69 billion merger would be the biggest deal ever in the health insurance industry, consolidating in a single entity the role of insurer, pharmacy, and pharmacy benefit manager. There’s good reason to think the deal—if approved by the Justice Department—would harm the public. To…
If the details of the House and Senate tax bills under consideration in Washington make your eyes glaze over, it’s because they’re supposed to. The tax-writers, as they often do, are using the technicalities of the tax law to mask major changes in national economic policy. It’s fairly well-known that both bills are stacked in…
Entrepreneurship and innovation are not good in themselves. The toxic assets at the core of the financial crisis were innovative in many ways, but ultimately posed unacceptable risks. Entrepreneurial arms dealers could easily provide massively destructive weapons to terrorists. Many less troubling products and services have shadow sides that outweigh their ostensible benefits. Until law and economics places such concerns at the core of its inquiry—rather than relegating them to backwater arenas of externality correction and transfers—it will fail to account for core economic dynamics. Law and political economy addresses these issues directly, as an intersecting realm of monetary value and social values.
In September of 2017, I attended the First International Conference of Modern Monetary Theory (MMT) at the University of Missouri, Kansas City. Subtitled “Economics for a New Progressive Era,” the conference displaced the university’s annual Post-Keynesian Conference, signaling a growing enthusiasm for MMT among academics, advocates, students, and regular people. Reporters from Bloomberg and the…
