Today, @katharinapistor.bsky.social explains how three features of our private law—private legal empowerment, decentralized access to the centralized means of coercion, and legal arbitrage—allow capitalists to circumvent public regulation.
James Brandt
@jamesbrandt.bsky.social
Managing editor @lpeblog.bsky.social. Freelance academic editor. Posting from the land of enchantment.
How to track the effects of Trump's mismanagement? Look at a) emergencies and b) big, public-facing agencies.
New at Can We Still Govern? @vanessawilliamson.bsky.social & Ellis Chen break down the data of the mess at IRS. 🧵
It would really be great if folks not affiliated with the Trump Administration could stop using "Department of War." The Department of Defense is a statutory creation, and the name is statutorily given--the administration cannot unilaterally change it.
Weekly Roundup: @jamesftierney.bsky.social considers what LPE could want from a method, and Darren Bush, Mark Glick, and Gabriel Lozada search far and wide for “contemporary” law and economics.
Plus, as always, upcoming events, new articles, and essays from around the web. 🧵
Oo, I'd never heard this one! If you find yourself going down a Dylan cover rabbit hole, you should check out this classic episode of Chances with Wolves. They released it on his 70th, and I still find myself putting it on from time to time.
"The way most students (future policy makers) learn about L&E is through its textbooks, and these textbooks continue to present Kaldor-Hicks efficiency as the goal of public policy. This presentation is not defensible on economic theory grounds because it is contradicted by modern welfare economics"
It was a sound strategy! And yeah, that one is so good.
If we're talking about Jamaican covers of Bob Dylan, there's also a clear winner:
"Law and economics has a portable, teachable procedure that a student learns in a semester and carries into any field, generating determinate answers a differently situated analyst can check. That is a genuine achievement, and it is one reason for L&E’s diffusion in law over the decades."
1/ The L&E vs. LPE debate is stuck. One side asks if LPE is rigorous enough to satisfy economists; the other says economists' rigor hides value judgments. At LPE Blog this morning, I offer a way to break the stalemate. 🧵
The OA! A terrible loss after two great seasons.
The week in review: Marc Shkurovich on the case for public pharma, Katharina Pistor on the challenges of social democratic reform, and Yochai Benkler on taking social relations as the basic unit of analysis. Plus, the hottest podcast episodes, essays, and law review articles from around the web.
"In capitalism, social relations of production exert outsized force on all other domains, distorting and warping relations of reproduction, protection, and meaning-making without fully annihilating their internal capacity to structure relations in their distinct domains."
Today, Yochai Benkler concludes our symposium on "Structure and Legitimation in Capitalism," responding to Matthew Dimick, Jed Purdy, and Katharina Pistor. To understand the place of the state in capitalism, he argues, we must take social relations as the basic unit of analysis.
literally the only irreparable harm here is to the people who are fucking getting sent to countries they have no connection to
My response to Yochai Benkler‘s take on transforming capitalism. Sadly, we cannot count on the state
Today, @katharinapistor.bsky.social argues that any program of transformative change must reckon with the fact that capitalists have largely succeeded in de-legitimizing existing institutions, including the state itself.
"transformative change must start with private law, as it is the body of law that empowers holders of capital to build their wealth and wield power over others." - Katharina Pistor seems like the dual class share broligarchs should be making this fairly obvious to people
"Across the world, insulin manufacturers have been shifting their production lines to GLP-1s, after entirely discontinuing some insulin products that were widely used and still profitable – just less profitable than GLP-1s."
