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LPE Originals

Losing at Its Own Game: the Right Retreats from Cost-Benefit Analysis

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Over the past four decades, the right wing has painstakingly built an intellectual scheme to try to justify the weakening of regulatory public health protections on the basis of neoliberal economic theory. But a couple of decades ago, when the EPA began to figure out how—at least sometimes—to beat them at their own game, that…
LPE Originals

Medicare for All as a Democratic Movement

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Over the past three decades, the primary policy solution to the mismatch between high spending and poor outcomes has been to turn to consumerism and market competition for a fix. The underlying theory is that if people have options—options for health plans, hospitals, prescription drugs, providers, and so on—they will choose the higher-value options. In turn, competitors will in theory produce higher-value options to win more customers.
LPE Originals

Transportation Justice: from Civil Rights to the Right to the City

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In the year 2000, the writer Joan Wypijewski visited Montgomery, Alabama, to observe the 45th anniversary of the Montgomery bus boycott. Her findings were notable: “Montgomery’s transit system isn’t segregated anymore. It barely exists.” As Wypijewski told readers, the 1990s had not been kind to transit. After two decades of local Republican leadership, and following…
LPE Originals

Restorative Justice and Moral Neoliberalism

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Restorative justice is thus intriguing not only for how left organizers use it to advance prison abolition but also for how libertarian and conservative reformers have fashioned it into a tool of American neoliberalism. 
LPE Originals

Imperium, Dominium, Terra

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In different ways, the seven legal scholars in this symposium all pose questions around description and prescription. Quinn Slobodian concludes the series by arguing that former supply the grounds for the latter – that what we see tells us what to do – and suggests what we are still missing.
LPE Originals

Globalism and the Dialectic of Globalization

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This post is part of our symposium on Quinn Slobodian’s Globalists: The End of Empire and the Birth of Neoliberalism. Read the rest of the symposium here.  Quinn Slobodian’s Globalists has rightly received praise and critical attention as a groundbreaking study of the ideologies operative in the cloistered domains of international economic law. Indeed, the book has been…
LPE Originals

Many Neoliberalisms: Market Logic and Social Values

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This post is part of our symposium on Quinn Slobodian’s Globalists: The End of Empire and the Birth of Neoliberalism. Read the rest of the symposium here.  As many of the other contributors to this symposium have attested, one of the signal achievements of Globalists is the evidence that “neoliberalism” is indeed a coherent set of…
LPE Originals

Neoliberal Encasement Infrastructure: The Case of International Organization Sovereign Immunity

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This post is part of our symposium on Quinn Slobodian’s Globalists: The End of Empire and the Birth of Neoliberalism. Read the rest of the symposium here.  Last month, the Supreme Court handed down a historic decision in Budha Jam v. International Finance Corporation, ruling that, under the International Organization Immunities Act (IOIA), international organizations are…
LPE Originals

European Constitutionalism: The Neoliberal Drift

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This post is part of our symposium on Quinn Slobodian’s Globalists: The End of Empire and the Birth of Neoliberalism. Read the rest of the symposium here.  We have not yet seen the full story of “law and neoliberalism”, even though a number of legal scholars have written on related subjects from slightly different angles. Duncan…