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LPE Originals

Neoliberalism, Corporate law, and the Reconstruction of the French State

This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. Here is a simple story. France, whose economy was largely in state hands, decides to privatize many state-owned enterprises. This move is inspired both by neoliberal theories promoting the superior economic benefits of markets…

LPE Originals

On Law and Racial Capitalism in Palestine

The anti-discrimination framework imagines a situation where authorities unjustifiably favor some categories of its population over others. While this analysis is not wrong, it obscures how Zionism – the political movement for a state for all Jews in the world and Israel’s official ideology – privileges even foreign Jews, to varying extents, over indigenous Palestinians. The systemic harm here is not merely discrimination; it is one of colonialism. And when we speak of colonialism – and especially settler colonialism, which seeks not only to rule native populations but to replace them – the logic of racial capitalism is seldom far behind.

LPE Originals

How to Vaccinate the World, Part 2

In a previous post, one of us described why we need global cooperation to achieve massively scaled up production of COVID vaccines. The United States must play a key role in this process, because it has the ability to mobilize resources, and powerful leverage over companies that have so far resisted serious participation in global efforts – especially Moderna, Pfizer, and J&J. Some commentators question whether the US has the power to compel this cooperation. Others have doubted the relevance of the demand coming from developing countries to temporarily waive the requirements of the World Trade Organization’s TRIPS Agreement to facilitate more manufacturing. In this post, we explain why existing US law gives the Biden Administration the power to mandate sharing and overcome IP barriers, and how the TRIPS waiver can contribute importantly to efforts to scale up production at a global scale.

LPE Originals

How to Vaccinate the World, Part 1

The shortage of vaccines is a manmade problem, brought on by the false promise of innovation-by-monopoly and by reproduction of colonial dynamics. Our global R&D system layers privatized control and profits for huge firms based in rich countries atop a vast regime of open science and public subsidy. We can scale up production if we force pharma to share.

LPE Originals

LPE in Europe as Critique of Ordoliberalism

The relevance of LPE for Europe might not be instantly obvious. LPE in the U.S. gets part of its conceptual thrust from its opposition to the dominance of Law and Economics, a framework that never achieved the same kind of intellectual hegemony in Europe. But there is a European parallel that could ground critique: the guiding role that ordoliberalism has played in the structuring of the supranational economy. But to get a grip on what LPE has to offer in a critique of ordoliberalism, we must first explore how left legal thought in Europe has engaged with ordoliberalism so far.

LPE Originals

The Regulatory Roots of Inequality in the U.S.

The surge in US economic inequality since the 1970s was powerfully driven by politics and policy. Firms and individuals actively shaped market governance – from corporate governance to labor regulation – in their own favor and then took advantage of that favorable governance in the marketplace. This “inequality snowball” was particularly pronounced in the United States because firms were more aggressive in their business and political strategies and because the political system delivered more winner-take-all policy outcomes than the more consensual political systems of continental Europe and Japan.

LPE Originals

UBI and Immigrants: Lessons from the Pandemic

Surely advocates of such programs do not envision Qatar as their model society. And yet it is too easy to imagine a version of a Gulf state arising from a basic income initiative that provides cash support to citizens, who no longer need to take work that is unsatisfying, while denying it to noncitizens, who are brought in do the difficult and dangerous jobs that remain.

LPE Originals

What the UK Student Rent Strikes Reveal about Financialization

The Bristol Rent Strike, which now has over 1900 students pledging to withhold rent, is one of the many ongoing student strikes across the UK. Over the past few months, students at roughly 20 universities including Manchester, Oxford, and Cambridge have organized mass rent strikes, demanding overall reductions in rent, no-penalty contract releases, and better accommodation conditions. But one significant obstacle stands in their way: Many of these students live in financialized student housing—in buildings owned not by universities but by multi-million-dollar corporations. The financialization of student housing has fundamentally altered the relationship between universities and students and, in so doing, has complicated student resistance against housing injustice.

LPE Originals

Tax Havens: Legal Recoding of Colonial Plunder

The end of European empires during the mid-twentieth century and the independence of former colonies was many things: an oft-violent conflict between unequal opponents, a clash of ideas and ideologies, a struggle over rights and self-determination. Less frequently considered is that decolonization involved a dramatic movement of money and a legal reorganization of access to assets and investments. Having tracked these movements, I have found a surprising connection between decolonization and the expansion of tax havens and tax haven business during the 1950s and 1960s.