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.
When vacant land and structures fall into the hands of the state, new possibilities emerge. How can local governments transform these assets into co-governed spaces?
Hot dogs are not sandwiches, work meetings are not retreats, and shareholders are not investors. Yet only one of these conceptual mistakes illicitly lends support to the idea that all corporate activity should benefit shareholders.
Over the past four decades, a tidal wave of corporate mergers has resulted in industry concentration, higher prices, and reduced productive capacity. The U.S. wireless industry in the 2010s offers a case study of the public benefits of strong anti-merger law.
Jobs have come roaring back since the big losses of 2020, GDP has grown at its fastest annual rate in nearly four decades, and family balance sheets have become much stronger. Why, then, are Americans so unhappy about the economy?
In Braddock, Pennsylvania – home to America’s first mill for the mass production of steel – more than a third of residents now live beneath the poverty line. How did Braddock go from a steel town to a hospital town to broke?
We live in a condition in which capital drives significant social reforms while also undermining their impact and longevity by leaving destabilizing matters of economic inequality unaddressed. From this perspective, current LGBTQ+ victories are built on a shoddy foundation.
In the wake of a historic victory by India’s farmers, Veena Dubal and Navyug Gill reconvene to discuss the events that have unfolded over the past year, how to understand Modi’s capitulation, and what lessons other social movements can draw from this victory.
Muscles and arteries. Hammers and parasites. Addictions and complexes. Destin Jenkins concludes our Bonds of Inequality symposium by reflecting on the political implications of the metaphors we use to describe municipal debt.
Powerful monopolies have captured our core communication infrastructures, subjected them to the unbridled pursuit of advertising revenues, and generated profound social harms. Media democracy, as a political and intellectual project, seeks to provide solid theoretical foundations from which to understand and respond to this worsening crisis.
To ensure support for its Global War on Terror, the United States has exploited the Pakistani government’s reliance on foreign credit to guarantee cooperation in US counterinsurgency operations. In leveraging its role as a lender to provide Pakistan with short-term financial relief, the United States has deepened Pakistan’s economic dependency, undermined the nation’s chance for a more equal domestic political and economic arrangement, and consolidated the power of its domestic military elite.
Supply chains, properly understood, are political entities seeking to govern us. Once we appreciate this fact, it becomes easier to see how we might hold this form of corporate power to account.
Conservatives have used cost-benefit analysis much more strategically than liberals to advance underlying political goals. Rethinking CBA within an LPE framework will require not only critique of its technical assumptions, but a willingness to be similarly strategic in thinking about its deployment.
Replacing the liberal subject with the vulnerable one, and the responsive state with the restrained one, exposes the ways in which current corporate jurisprudence is blind to the allocation of resilience in society. Introducing vulnerability theory to corporate law may therefore help to ensure that all stakeholders have equal access to the corporation’s resources and assets.
The laws that apply to market activities have long catered to the interests of seasoned market actors. Who, then, is to watch out for us lay market users?