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LPE Originals

How Free Trade Threatens Global Democracy

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As we debate matters of near-shoring, friend-shoring, and globalization, we must not forget the lessons of the recent past: from Argentina to India, the pursuit of open economies involved a brutal crack down on labor union resistance. In the process, many governments unleashed dynamics that now threaten the survival of democracy itself. Hope, though, can be found in the recent strengthening of labor movements globally, as well as the potential to bolster unions through industrial policy and the transition to a green economy.
LPE Originals

What the Telegraph Can Teach Us About the Moral Economy

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As we grapple with the law’s ability to address today’s most powerful corporations, one interesting yet largely forgotten set of cases can help us find our bearing: the “death telegram” cases. These suits involved claims for emotional distress against telegraph corporations for failing to deliver telegrams involving the death or illness of a family member. Astonishingly, nearly half the state courts that encountered these claims allowed them, in spite of the long-established common law rule that absent physical injury, mental anguish alone could not be recognized in law. This exception was justified, in part, because the companies were seen as “public service corporations” – a monopolistic business entity that controlled access to a vital public resource and had special emotional duties to its customers. What would it mean to revive such a conception of the corporation today?
LPE Originals

LPE and the Global Food Crisis

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Due to the Russian invasion of Ukraine, food prices are higher in real terms today than at any point since the early 1970s. Yet it is the underlying political economy of the global food system that has created the conditions where hundreds of millions of people don’t get enough to eat.
LPE Originals

Bankruptcy as Social Safety Net

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By paying greater attention to who files bankruptcy, we can learn a great deal about the social and economic disparities that plague our society. By reforming and expanding access to bankruptcy, we can chip away at some of these disparities.
LPE Originals

Embedding Societal Values in International Law

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The existing system of international economic law is under great strain. This post offers a reading of the problem and proposes alternative directions for the future. In brief, the system has evolved from what John Ruggie called “embedded liberalism” to what David M. Trubek and I describe as “embedded neoliberalism.” The past couple of decades have witnessed something of a truce between those who designed the system and those who now are actors within it. But today this truce is largely crumbling.
LPE Originals

Advancing Equity in the Data Economy: The Case for International Taxation

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Companies and their investors extract large amounts of wealth from people’s data. Yet because tax law treats users of digital platforms as consumers, rather than producers, neither these users nor their home countries receive any compensation in return. How might international tax law be used to mitigate the harms of this exploitative arrangement?
LPE Originals

Financial Regulation, Price Stability, and the Future

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Financial regulation lies at the core of sound inflation management. Accordingly, progressives seeking to turn the page on the past few decades of failed macroeconomic policymaking should not hesitate to bring the full scope of financial regulatory tools to bear in the pursuit of just price stability.
LPE Originals

A Just Transition for Finance

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The quest for “non-extractive finance” is filled with legal hurdles. This post examines how lawyers can support organizers working to imagine and build a better financial system.
LPE Originals

Let Them Eat Cake: Inflation Beyond Monetary Policy

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In developing countries, inflation is often driven by the failure of the food supply chain. While economists are well-aware of this, they do not adequately value policies other than monetary policy for responding to inflation. It is time to discard this short-sighted approach.