The LPE Project

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The LPE Project

The LPE Project

@LPE_Project

Legal scholars, students, & practitioners working to expose & transform law's role in the perpetuation of economic, racial, & gender inequality. & @LPEblog

Beigetreten Ağustos 2019
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The LPE Project
The LPE Project@LPE_Project·
If you are migrating to the other place, find us at @lpeproject.bsky.social !
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LPE Blog
LPE Blog@LPEblog·
The week in review: Beau Baumann on the lost art of constitutional politics, @HalSinger on the market definition trap, and Ben Gerstein on the political economy of settler retrenchment. Plus, some LPE 💎s from around the web!
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LPE Blog
LPE Blog@LPEblog·
Today, Benjamin Gerstein examines how governments and corporations often respond to Indigenous legal victories with warnings of economic chaos. These claims are not neutral forecasts but a recurring strategy of settler retrenchment aimed at preserving existing hierarchies.
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Hal Singer
Hal Singer@HalSinger·
In case you missed it, I have a new piece in the LPE blog on how market definition undermines enforcement efforts, even when the enforcer prevails on that issue. As a case study, I use the FTC’s attempt to block the Meta-Within merger—a case in which I served as the FTC’s expert. Here’s the takeaway.
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Hal Singer@HalSinger

There’s a reason that companies like Live Nation and Netflix (before it abandoned its acquisition of Warner Bros.) love to make expansive, sometimes absurd, claims about market definition: as the Supreme Court has narrowed the scope of per se illegality in antitrust law, plaintiffs are required to demonstrate that defendants possess market power. And, as I explain in my first @LPEblog post, one way to make this requirement more burdensome is to turn the trial into a costly, complex fight over market definition. Special thanks to the editors, @j_e_brandt and Liz Brown, for asking the hard questions, as well as to @mypaperboat and @TedTatos for wonderful comments. lpeproject.org/blog/the-marke…

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LPE Blog
LPE Blog@LPEblog·
Today, @HalSinger explains how antitrust defendants are thwarting enforcement by dragging plaintiffs into costly battles over market definition.
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The LPE Project
The LPE Project@LPE_Project·
"Critics who fixate on the FTC’s losses under Lina Khan’s stewardship—while ignoring its many victories—often underestimate just how structurally difficult antitrust litigation has become."
Hal Singer@HalSinger

There’s a reason that companies like Live Nation and Netflix (before it abandoned its acquisition of Warner Bros.) love to make expansive, sometimes absurd, claims about market definition: as the Supreme Court has narrowed the scope of per se illegality in antitrust law, plaintiffs are required to demonstrate that defendants possess market power. And, as I explain in my first @LPEblog post, one way to make this requirement more burdensome is to turn the trial into a costly, complex fight over market definition. Special thanks to the editors, @j_e_brandt and Liz Brown, for asking the hard questions, as well as to @mypaperboat and @TedTatos for wonderful comments. lpeproject.org/blog/the-marke…

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LPE Blog
LPE Blog@LPEblog·
Today, Beau Baumann argues that the Left must recover the lost art of constitutional politics. It's time to dismantle both juristocracy and the modern managerial presidency.
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LPE Blog
LPE Blog@LPEblog·
Week in review: Seven of our favorite labor scholars on a pro-labor vision of the Constitution, @jeenashahesq on Trump’s contradictory treatment of Hernández and Maduro, & @NMaggor on how “good” and “bad” capitalists are not born but made. Plus, new CFPs, talks, and rankings!
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James Brandt
James Brandt@j_e_brandt·
"Morality tales about virtuous entrepreneurs or predatory speculators are less descriptions of economic reality than prescriptive efforts to shape it. To label some capitalists as productive and others extractive is way of trying to direct behavior toward socially desired ends."
LPE Blog@LPEblog

Today, Noam Maggor concludes our symposium on @JasonBJackson's *Traders, Speculators, and Captains of Industry.* Although rooted in Indian history, he argues, the book’s thoroughly global-comparative mode of analysis allows it to resonate far beyond South Asia.

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LPE Blog
LPE Blog@LPEblog·
Today, @jeenashahesq argues that Trump’s contradictory treatment of Hernández and Maduro reveals the consistency of U.S. foreign policy: the War on Drugs serves as a flexible tool for maintaining global capitalism’s necessary periphery.
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LPE Blog
LPE Blog@LPEblog·
How might we revive a pro-labor vision of the Constitution, and how would such a vision relate to the Constitution’s broader democratic purpose? Kate Andrias, Willy Forbath, Jennifer Abruzzo, Keith Bolek, Andrea Hoeschen, Darin Dalmat, and Alvin Velazquez share their thoughts.
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LPE Blog
LPE Blog@LPEblog·
The week in review: @veenadubal and @AzizaAhmed on how feminists transformed the law and science of AIDS, Luke Herrine on market governance in Trumpworld, and Aditya Balasubramanian on the misnomer of modern Indian capital. Plus, the best of LPE from around the web.
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LPE Blog
LPE Blog@LPEblog·
Today, Aditya Balasubramanian continues our symposium on @JasonBJackson's *Traders, Speculators, and Captains of Industry.* Given that Indian firms spend virtually nothing on R&D, he asks, how we should understand the modernity of so-called “modern Indian capitalists”?
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LPE Blog
LPE Blog@LPEblog·
Today, Luke Herrine offers a whirlwind tour of market governance in Trumpworld. While most agencies have embraced a pro-monopolist, pro-corruption reorientation, the lone exception is the FTC. Why is this? And what does it suggest about market regulation under Trump 2.0?
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LPE Blog
LPE Blog@LPEblog·
Today, @veenadubal and @AzizaAhmed discuss the feminist lawyers and activists who transformed the law and science of AIDS, the CDC’s willful ignorance around the disease’s reach, and the adverse public health consequences of carceral feminism.
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James Brandt
James Brandt@j_e_brandt·
Entry 8,735 in the ongoing series: “The Regrettable History of Law & Economics.”
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LPE Blog@LPEblog

Today, @veenadubal and @AzizaAhmed discuss the feminist lawyers and activists who transformed the law and science of AIDS, the CDC’s willful ignorance around the disease’s reach, and the adverse public health consequences of carceral feminism.

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