LPE Blog
@LPEblog
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A blog that explores the co-constitution of law and political economy. Part of @lpe_project . Subscribe to our newsletter:
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A friendly reminder that before twitter crashes directly into the 🌞, you can safeguard your access to the hottest LPE
#content
by subscribing to our newsletter:
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Conservatives in 2021: $600 weekly UI will entirely change the behavior of millions of workers.
Conservatives in 2023: How dare you suggest that hundreds of thousands of dollars in gifts could influence a single belief of Clarence Thomas.
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One key failing of the ADA is its reliance on individual enforcement, rather than universal design. As a result, it does little to address mass-produced inaccessibility. To see how even victories under the ADA result in defeat, consider the case of Yasmin Reyazuddin. 1/
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Today, Melinda Cooper kicks off a fresh year at the blog by explaining how two rival schools of neoliberal thought — Virginia school public choice and supply side economics — converged on the imperative to rein in redistributive uses of public spending.
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Are you a law student interested in how law facilitates inequality and domination, and how we might bring about a genuinely egalitarian democracy?
Law & Political Economy might be for you! The following 🧵 offers some helpful resources for those new to this burgeoning movement.
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As
@RaulACarrillo
has warned, this is a disaster waiting to happen:
"Every day, 'fintech' companies, data brokers, and banks combine forces to create new forms of 'shadow money' which avoid substantive banking law and lack critical consumer protections."
Over a third of GenZ and Millenials are using "peer to peer" fintech, digital banks -- PayPal, Venmo, Cash app, Zelle etc. -- as their primary checking account provider. That's nearly a trillion dollars in total of completely uninsured deposits.
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How did Virginia School neoliberals turn the tax-collecting state on its head? How complete was their victory? And are they still winning?
Today, Quinn Slobodian (
@zeithistoriker
) continues our symposium on Melinda Cooper's *Counterrevolution.*
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"most of the outstanding balances won’t ever be repaid. In the meantime... student debtors delay or forgo marriage and family formation, homeownership, retirement and their children’s education: a profound failure of social reproduction." -
@Econ_Marshall
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Today,
@ntinatzouvala
argues that South Africa’s genocide case against Israel at the ICJ should be seen as an effort to make a political-economic understanding of genocide legible within the restrictive framework of the Genocide Convention.
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Congratulations to
@KeeangaYamahtta
's Race for Profit named a Pulitzer finalist! Our symposium from waaaay back in January on the book:
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Yesterday, we concluded our symposium on the hottest topic in macroeconomics: INFLATION! We laughed, we cried, we quoted Milton Friedman. Here were some of the highlights 🧵👇
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Today,
@MadisonECondon
explains why she is mad at climate economists: their reliance on overly simplistic models and tools radically underestimates the likely damage from climate change.
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Today, we share David Pozen's recent thoughts about the increasing power of university presidents, and the need to develop a more democratic model of internal governance.
A must-read to understand what is unfolding on campuses across the country.
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Announcing the new Law & Political Economy Project! cc
@akapczynski
,
@JedediahSPurdy
,
@ksabeelrahman
, David Grewal,
@corinneblalock
,
@kateredburn
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Welcome new followers. If you've poked around the blog, you'll notice that we publish on a wide variety of topics - housing policy, care work, antitrust, criminal justice, and more!
What unites these issues, and what exactly is "Law and Political Economy"?
A 🧵 for the curious
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Congrats to
@KeeangaYamahtta
on being selected as a MacArthur Fellow!
ICYMI: We held a symposium on her book *Race for Profit* in early 2020, featuring posts by Taylor and three other LPE geniuses:
@MehrsaBaradaran
,
@RPhillipsEsq
, & K-Sue Park.
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Look forward to new LPE t-shirts: "Dissenting is for losers. We want to govern."
liberals will only start actually addressing the problem with the courts when they, stop. glorifying. dissents.
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Today,
@samuelmoyn
kicks off a fresh year at the blog by asking whether LPE needs deeper theoretical foundations than it has so far been willing to articulate.
Look forward to responses from Jed Purdy,
@ntinatzouvala
, and Talha Syed.
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"She offers such a breakthrough set of theoretically-inflected descriptions of how law serves “capital,” and so often fulfills the interests of the rich rather than the rest." .
@samuelmoyn
on
@KatharinaPistor
's Code of Capital -
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Today,
@NoahZatz
argues that when employers conflate calls for Palestinian freedom with antisemitism, they rely on anti-Muslim stereotypes and thus violate federal law’s prohibitions on employment discrimination.
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Monica Bell makes her LPE debut by pointing out that police brutality is only one emanation of the multiple overlapping forms of structural violence that policing inflicts on Black people and communities.
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Today, Darryl Li (
@dcli
) examines how the United States facilitates the global flow of 155mm artillery shells, and the role that these weapons have played in the destruction of Gaza.
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Today public school teacher
@nataliyabrgnsky
argues that in light of the reality of a "racial capitalist chasm" in education, talk of "achievement gaps" is a way for white and elite parents to clothe their priorities in the rhetoric of justice
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The obvious solution to this kind of mass-produced inaccessibility problem is to require all software to meet accessibility standards before it can be made available for purchase in the private marketplace. 7/
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Today,
@LDHerrine
pins down one of the most confusing concepts in law: efficiency.
He covers its various meanings, how legal scholars frequently shift between these meanings, and why one should never be afraid to ask, "but what do you mean by efficiency?"
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Yet, as
@RuthColker
argues in her recent post (from which this story is drawn), the ADA almost never requires this kind of pro-active, universal design approach. 8/
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Today,
@sanjuktampaul
,
@rddoerfler
and twenty other LPE scholars call for institutional leaders to stand up for their students, faculty, and staff by affirming that advocacy for Palestinian rights is squarely within the sphere of legitimate discourse.
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Today, students involved with the protests at Columbia, CUNY, Yale, and NYU explain the demands behind the encampments and share their perspectives on what has unfolded over past two weeks.
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Today,
@clairemdunning
looks back at the emergence of the nonprofit industrial complex, and explains why government grants are a poor vehicle for reinforcing fundamental rights.
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Today,
@ikuziemko
,
@NLonguetMarx
, and
@snaidunl
argue that the Democratic Party's shift on economic policy - from predistribution to redistribution - played a significant role in their loss of less-educated, working-class voters.
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New to law school? Experiencing a dizzying process of personal and moral decontextualization?
In their very brief field guide, Sam Aber and
@CarolineLParker
distill some of the most useful LPE insights that they wish they had at the start of 1L.
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Today, the blog asked seven law and tech experts -
@johnmarknewman
,
@veenadubal
,
@salome_viljoen_
,
@iajunwa
,
@nikenberger
,
@Elibietti
,
@JasonBJackson
, &
@organizejs
- to share their initial reactions to Biden's recent executive order on AI.
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Today,
@epopppp
kicks off a symposium on *Thinking Like an Economist* by explaining how such thinking has unduly limited our vision of governance.
Look forward to responses from
@Econ_Marshall
,
@FrankPasquale
, Landon Storrs,
@heinzerlaw
, &
@ErikPeinert
.
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Today,
@DorothyERoberts
kicks off a symposium on her recent book *Torn Apart* and
@wendyabach
's *Prosecuting Poverty, Criminalizing Care,* by describing the long intellectual journey that led her to call for the abolition of the family policing system.
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Tomorrow, the Supreme Court hears Grants Pass v. Johnson, the most consequential homeless rights case in decades. To understand what's at stake, check out these three recent posts:
(1)
@ProfSaraRankin
on how cities seek to hide homelessness from view.
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What if, rather than confront the Court and force them to take unpopular positions, we just preemptively adapt our preferences to their bad faith views? Can’t imagine how that might go badly.
The president's legal obligation is to what he believe the constitution says, not what 6 extremist GOP court members *might* rule. If the 14A compels the president not to default and to mint the coin before violating debt ceiling, that's what he must do.
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Big changes at the Blog today.
On the Editorial Board, Angela Harris and Sanjukta Paul's watch has ended 😭. And we welcome aboard
@kmtani
,
@veenadubal
, and Aziz Rana 🥳
On staff, Ann Sarnak and
@CarolineLParker
have graduated; Kate Yoon joins the team!
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Today our ME
@LDHerrine
summarizes his work with
@NathanTankus
that builds out an anti-Coasian theory of market governance on the foundations laid by
@sanjuktampaul
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"Whether living constitutionalist or originalist, all the judges are institutional players who have drunk deeply from the well of U.S. exceptionalism."
-Aziz Rana in
@DissentMag
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Was deregulation such a big deal? Did Law & Econ really play a major role in the legal academy? Has LPE exaggerated the victory of neoliberalism?
Today, Darren Bush, Mark Glick, and Gabriel Lozada respond to David Bernstein's recent critique of LPE.
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Today, Paul Gowder argues that rather than break up big tech, we should subject it to public control instead.
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If you haven't seen this yet, worth a watch. Terrific investigation related to LPE scholars' research.
-
@veenadubal
on algorithmic wage discrimination:
-
@Econ_Marshall
on the antitrust case against gig platforms:
NEW: We put 7 Uber & Lyft drivers in one room and had them open their apps.
We found Uber paying different drivers different amounts for the same ride. Lyft too.
It’s proof corporations are using secret algorithms to pay workers less. And all of our jobs could be next.
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Are you a public university with $4.5 billion to invest?
Today,
@CharmaineSChua
,
@FieldsDesiree
, and
@DavidpStein
explain why you shouldn't use it to strengthen the hand of corporate landlords, thereby fueling the housing crisis afflicting your students.
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Given the manifest flaws of the U.S. Constitution, how did Americans come to idolize this document? And how might we push beyond this confined vision?
Today, Aziz Rana kicks off a symposium on his new book, *The Constitutional Bind.* 📕🔥
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Today, a scouting report on some of the hottest LPE and LPE adjacent articles from the spring submission cycle. Congrats to all the authors on such wonderful placements 🎉🎉
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This argument was available to the County only because Reyazuddin had to frame her request as an accommodation in a reactive rather than pro-active lawsuit. 5/
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Today, our spring scouting report on some of the hottest LPE and LPE-adjacent articles. Congrats to all the authors on such wonderful placements 🎉
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Her victory, however, means nothing to the employees around the country who are required to perform their job with the inaccessible software that this call center purchased, as use of the software was not discontinued. 6/
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"private universities have not become meaningfully more egalitarian, while public universities, which at one time really did offer opportunities for social mobility, have increasingly been transformed into country clubs for the children of the well-off."
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Today,
@DavidpStein
continues our symposium on *The Bonds of Inequality* with a discussion of the racialized bond market and what we can learn from those who resisted it. (An LPE x
@justmoneyorg
collab!)
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Inside every economist are two wolves, one that refuses to do any background reading, and one that just wildly makes shit up.
😂😂😂
I guess they assume since they bought their way into law schools we did too
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Say it with me: algorithmic 👏 wage 👏 discrimination. Cc
@veenadubal
.
“Uber has developed algorithms for tailoring customer prices based on what they believe individual customers would be willing to pay and tailoring payments to individual drivers so they are as low as possible to get them to accept trips.” 👀👀👀👀
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We're thrilled to announce the inaugural LPE Project Conference: Democracy After Neoliberalism, April 3-4 2020 at Yale Law School! Call for papers:
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Hot dogs are not sandwiches, work meetings are not retreats, and shareholders are not investors.
Today,
@lenorepalladino
explains how one of these conceptual mistakes perpetuates the view that all corporate activity should benefit shareholders.
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Yesterday, we concluded our symposium on the future of cost-benefit analysis. We laughed, we cried, we begged for the adoption pragmatic decision-making tools. Here were some of the highlights 🧵👇
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Today,
@jkkusiak
argues that radically legal tactics - embodied in Berlin's recent referendum to expropriate 250,000 apartments from corporate landlords - can redirect the conservative nature of the law towards a progressive future.
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Today,
@sanjuktampaul
argues that LPE scholars should eschew high-altitude legal and social theory, and instead focus on contesting and clarifying the mid-level legal and economic concepts that have the most effect in the world.
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Today, in response to
@samuelmoyn
, Jed Purdy argues that because our social world overruns any given theoretical perspective, we should adopt a practice pluralism -- if not on the individual level, then at least on the collective plane.
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Do you ever wake and think: if only there were a quick, easy way to browse all 64 symposia published on the LPE Blog???
Well, my friend, you're in luck: our brand new page displays all of our series, from chimpan-a to chimpan-z.
Check it out!
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Today is a big day at the Blog.
@j_e_brandt
is our new ME.
@LDHerrine
moves on...to the job market.
@orangebegum
and
@sanjuktampaul
join the Editorial Board.
Molly Gordon and Ann Sarnak added as Lead Editors.
And August hiatus begins.
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Today, Greg Baltz reviews
@tracyrosenthal_
and
@VilchisLeonardo
's *Abolish Rent,* which he argues contains important lessons for legal scholars and tenant attorneys about how best to support and represent organized tenants.
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When the County decided to transition to a centralized call center in 2008 and update their software, she reminded them to use software that would be accessible with JAWS. Rather than comply with this request, the County purchased inaccessible software. 3/
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Today an interview between
@veenadubal
and
@navyuggill
on the farmer rebellion in India and the agricultural reforms that led to it.
Because this is so undercovered in the US, a longer than usual post.
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In the wake of a historic victory by India's Farmers,
@veenadubal
and Navyug Gill 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.
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This fall,
@ZephyrTeachout
warned that algorithmic wage differentiation would soon enter the formal employment sector.
With new reports that fast-food restaurants have started deploying such techniques, it's a good day to revisit her prescient piece.
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Reyazuddin was hired by Montgomery County in 2002 as an information and referral specialist. Reyazuddin is blind. For six years, she performed her job well using JAWS (Job Access with Speech). 2/
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She filed suit in 2011 to argue that the County should be required to provide her with accessible software. Because the County had purchased software already, she had to make her request as a “reasonable accommodation,” after the workplace had become inaccessible. 4/
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Today
@dianareddy
examines the possibilities and pitfalls of the emerging union strategy of "bargaining for the common good". What to do when, as in the case of school reopening during COVID, labor's conception of the "common good" is unpopular?
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Today,
@lenorepalladino
explains how the explosive growth of private financial markets – which have eclipsed public markets – has undermined the protections afforded by existing securities laws and introduced new systemic risks into our financial system.
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Following years of litigation and years spent performing make-work within the County, she won limited relief in court. The county’s chief defense was that retrofitting the software they had chosen would be too expensive. 5/
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Today,
@mddimick
explains why capitalism is neither merely a set of legal institutions, nor a consequence of ineluctable laws of nature, human or otherwise.
It is, rather, the convergence of a peculiar constellation of social relations and institutions.
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Today,
@veenadubal
explains how firms use data extracted from labor to produce personalized, variable pay. These schemes violate long-established norms of fairness and make it nearly impossible for workers to predict or understand their compensation.
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Today
@akapczynski
,
@NoahZatz
, and Angela Harris (i.e. three of our editorial board members) argue that LPE cannot proceed without problematizing the borders of "the economy"
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Today, Tina Lee examines the deep roots in U.S. culture linking punishment with the provision of care for marginalized groups.
The latest installment in our symposium on *Torn Apart* and *Prosecuting Poverty.*
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Today, a fall scouting report on some of the hottest forthcoming LPE and LPE-adjacent articles.
Congrats to all the authors on such wonderful placements 🎉
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Today, the one and only Alyssa Battistoni (
@alybatt
) continues our symposium on
@OlufemiOTaiwo
's *Reconsidering Reparations,* by probing what worldmaking reparations might require, and what political formations might plausibly advance them.
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Today, Ruth Dukes & Wolfgang Streeck argue that by studying labour law within the context of a theory of capitalist political economy, we are better able to grasp its political nature and function.
@wstreeckblog
@UofGWorkoD
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Over the next few days, we'll be doing a little roundup of our posts in 2020.
Today, is a list of everything (substantial) that we posted this year. See what you missed! Good to bookmark to come back to later!
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Much to explore on new website (), but one highlight is recordings of our summer series:
ft.
@sandeepvaheesan
@sanjuktampaul
@MehrsaBaradaran
@rohangrey
@kateandrias
@veenadubal
@ProfOsseiOwusu
Jon Simon, Aziz Rana, & Asli Bali.
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In a rare Friday post,
@akapczynski
explains the law & pol econ behind vaccine apartheid and what needs to be done to massively expand production and distribution.
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Blog post: wow, self-righteous economists who ignored scientists really fucked us on climate change.
Economist: this post would be better if it was written by an economist.
Truly incredible stuff here. 10/10 no notes.
@jerometenk
Hm. Similar to the critique by Noah smith. His is better as he was trained as an economist.
I like nordhaus have great respect for weitzman but still believe we should try to model things.
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Today, before the Blog goes on hiatus for August, we say farewell 🥲 to our graduating editors Brett Davidson, Kate Yoon, and Matt Buck.
We also welcome aboard our new editors and count down the 10 most read posts of 2024 so far!
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Today,
@BLMcKean
argues that 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.
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Today,
@JuliaTomassetti
offers a political economy perspective on two new Biden-era rules about who counts as an employee.
The recent employment status wars, she argues, are really about how we contend with the contradictions of late capitalism.
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The LPE Project is thrilled to announce the Anti-Monopoly and Regulated Industries Summer Academy:
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Today, Ivan Kilgore argues that incarcerated people should resist identifying themselves as “workers," as doing so displaces the gravity of their situation and obscures the nature of carceral violence.
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Today, we celebrate the 150+ authors who contributed to the blog in 2023 🎉🎉 by looking back at everything we published.
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Somebody just emailed us offering to pay us to post their work. And it's like...have you read the blog?
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Deliriously chuffed to announce the LPE summer webinar series
MAPPING U.S. LAW AND POLITICAL ECONOMY
Conversations between LPE scholars about the U.S. legal-political order and the political coalitions that have shaped and reshaped them.
Sign up:
with..
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We'll be publishing thoughts on the ongoing uprisings in the coming days, but for now a thread of some things we've published in the past that may help think through what is going on and what lawyers can do:
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Ruth's piece is part of an ongoing symposium on the work of disability theorist and activist, Marta Russell, organized by
@realLandsEnd
,
@avierkant
, &
@kmtani
.
Check it out!
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Today, Amna Akbar (
@orangebegum
) kicks off a symposium on non-reformist reforms, examining how and why left social movements are turning to this framework.
Look forward to posts from Karl Klare,
@taraghuveer
, Fanna Gamal,
@zohraraheem
, &
@JameliaNMorgan
!
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Today,
@j_e_s_s_whyte
explains how, with the rise of neoliberalism and an individualized human rights politics, international law became incapable of seeing the harm caused by economic coercion.
The latest in our series on sanctions with
@YJILonline
.
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Today, Scott Cummings argues that lawyers play a central and often overlooked role in democratic backsliding, and points to regulatory and educational changes that could help build professional resilience in this dangerous political time.
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Be like Jamelle Bouie: watch good movies, hold your pets dear, and read
@EtienneT_Esq
's recent post about the unrealized emancipatory potential of the Reconstruction Amendments.
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Today
@MehrsaBaradaran
kicks off our symposium on her book, The Color of Money, as a case study in the law and political economy of racial capitalism
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Today,
@AmandaH_Parsons
and
@salome_viljoen_
argue that there is a conceptual mismatch between strategies of accumulation in the digital economy and the basic assumptions that underlie the legal regimes tasked with regulating accumulation.
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Today,
@epopppp
argues that the primary goal of CBA reform should not be to produce the best, most morally defensible analysis. It should be to introduce technical changes that tilt the playing field toward outcomes we think are good.
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