Universities’ decisions in dealing with the 2008 financial crisis laid the foundation for the current financial and social crisis in higher education.
One in three Americans has a debt that has been handed over to a collection agency. Lawmakers continue to throw credit at the problem and punish borrowers when they struggle to repay. To escape this cycle, we need an approach to debt relief based on the principle of human dignity, a foundational concept in human rights law.
In The Quiet Coup, Mehrsa Baradaran takes the conversation about neoliberalism beyond the realm of economics, focusing instead on legal revolutions, the conservative reaction to the Civil Rights Movement, the legacy of decolonization, and the alliance between libertarians and the Christian Right.
Though the urban-rural divide can sometimes appear like a primordial fault line in American political life, it is a relatively recent development. The Democratic Party’s collapse in the countryside was the predictable consequence of decisions to prioritize certain constituencies to the neglect of others, as it championed the shift to the metropolitan knowledge economy.
Javier Milei aims to dismantle the welfare state and eradicate left-wing social movements. To what extent can the law stop him?
Recent years have witnessed a sea change in consumer protection, ushered in by a new generation of enforcers who reject many of the basic premises from the neoliberal era. They aim not merely to ensure that consumers have the information necessary to discipline firms through choice, but to prevent businesses from using their power to shape markets in ways that take advantage of consumers.
As neoliberal attacks on progressive taxation emptied public coffers, states and municipalities increasingly turned to fines and fees to generate revenue. More fundamentally, criminal punishment became a necessary correlate to a state that must enforce property rights against an ever-growing multitude.
Butler’s speculative fiction uses the freedom dreams of Black Americans to show how the structure of a political economy not only reflects but also shapes legal concepts. By challenging the perceived permanence of existing power structures, Afrofuturism creates space for envisioning new, emancipatory futures.
Academic freedom, a key indicator of the climate of university life, has seen a sharp decline in recent years. This change has been driven by both state and market forces, and reversing it will require not only defending the university we have, but building the university we want.
The intellectuals of the neoliberal movement are best understood as the losers of societal change — rearguard protectionists who decided that rather than concede to democracy, they would subvert and delegitimize it.
Soon after the 2020 Black Lives Matter protests, the news filled with panicked complaints about “retail theft.” This manufactured crisis replicates the longstanding strategy of the Chamber of Commerce in nurturing a conservative backlash to social movements.
In the resurgence of family fortunes in recent decades, regressive tax cuts tell only half the story. Just as important were trust law reforms that helped family dynasts protect their new gains in ways previously thought impossible.
How did Virginia School neoliberals transform the tax-collecting state into an engine of subtractive redistribution? How complete was their victory? And are they still winning in America today?
What role has Law and Economics played in society and in legal scholarship? A Reply to David Bernstein’s recent critique of LPE.
How did the American state come to be so extravagant in its recourse to public debt issuance, yet so selectively austere in its public spending choices? To answer this question, we need to understand how two rival schools of thought — Virginia school public choice and supply side economics — converged around the imperative to rein in the redistributive uses of public spending.
