I recently published a new paper critiquing the “Law and Political Economy” Project, which is funded by the Hewlett Foundation and based at Yale Law School. The project is part of a larger effort to combat “neoliberalism.”
In my paper, I discuss the goals and activities of the Law and Political Economy Project. The project aims to bring together scholars, practitioners, and students to develop innovative approaches to studying political economy and law. It seeks to promote ideas for democratizing the political economy and creating a more just, equal, and sustainable future. The project includes a journal, student groups at top law schools, workshops, and events. It also has a network of law professors and non-law professors affiliated with the project. The Project is unique in that it has a clear founding text: Britton, Purdy, Grewal, Kapczynski, & Rahman’s Building a Law-and-Political Economy Framework: Beyond the Twentieth-Century Synthesis.
My paper provides a critical review of this founding text:
The authors of the Law and Political Economy Project movement’s founding text present a somewhat idealistic view of the influence of law professors on public policy. They argue that the legal academy has been dominated by Posnerians in private law and neoliberals in constitutional law, overlooking the leftward leanings of public law scholars. They also criticize the American state for supposedly being “chastened” by neoliberalism, despite increased government spending and regulation. Additionally, they attribute inequality in America primarily to economic policy, ignoring other factors such as changes in family dynamics.
While there may be merit in advocating for a more left-progressive political and economic system, the authors of the Law and Political Economy movement fail to make a convincing case for their proposed changes.
This is just a brief overview of my findings. If you’re interested, you can read the full paper here.
