On Tuesday, the Federal Trade Commission enacted one of the most significant regulations of the Biden years: a comprehensive ban on non-compete clauses. Now the FTC must defend its rule in court.
With the spring submission season nearly in the books, we highlight some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering antitrust, legal theory, climate change, religion, disability, labor, consumer protection, criminal law, and so much more, this scouting report is not to be missed.
Before we move to further concentrate global surveillance and propaganda power in the hands of the United States, we should be clear-eyed about the threats to speech and privacy that emanate from within.
A ruling that tech companies don’t have to comply with neutral regulations would not just block two sloppy laws, it would put a block on politics itself. This is a moment for the Court to stand back and allow democracy to work its clumsy, painful magic.
Why have less-educated Americans, long the base of the Democratic Party, flocked to Republicans in recent decades? New research shows that much of this change can be explained by the Democratic Party’s evolution on economic policy, as the party gradually moved away from its traditional emphasis on “predistribution policies” (favored by less-educated Americans), instead embracing redistributive tax-and-transfer policies (favored by more-educated Americans).
This morning, the Supreme Court will hear arguments in the most anticipated cases of the year for the future of regulating tech platforms. While much of the debate will focus on whether the platforms are best analogized to publishers, there is another important argument that the Supreme Court will confront: whether platforms are “common carriers.”
An interview with Ganesh Sitaraman about the corrosive effects of deregulation on the airline industry, the American tradition of regulated capitalism, and how to think about the use of history in addressing contemporary problems.
Regulators at both the NLRB and Department of Labor have recently rolled back Trump-era employment status rules. To an outsider, these changes can seem pedantic and inconsequential. A political economy perspective, however, reveals a deeper logic to the new rules, which address three pernicious trends in employment classification — the ability of businesses to manipulate the inherent ambiguity in treating employment like a contract, the ascension of the ideology of human capital, and the norm of the arbitrage economy.
The Biden administration’s antitrust policy has been the most pro-labor in decades. And yet, the response from labor advocates and the labor movement has been rather muted. Why the disconnect? And what can it teach us about the limits of antitrust policy that takes the ideal of perfect competition as its normative benchmark?
Twelve titles that the Blog’s editors can’t wait to read in the months to come.
In the face of increasing inequality, legal regimes in the Global North have started to grapple with the distributive consequences of corporate law. They would do well to look to the Global South, where several jurisdictions have pioneered heterodox approaches to corporate law that take into account a broad range of public policy and distributional objectives.
President Biden’s recent executive order on artificial intelligence addresses a wide array of concerns about the nascent technology: risks to national security, the use of deceptive AI-generated content, market concentration, and much else. To help sort through the meaning and implications of these various directives, we asked seven experts for their initial reactions.
Earlier this month, Sam Bankman-Fried was found guilty of seven counts of fraud and conspiracy. His conviction should not, however, be seen as any kind of victory. For the past three years, SBF successfully exploited a financial regulatory system stuck in older ways of thinking and increasingly incapable of averting illicit finance in the platform economy. To prevent such predation in the future, LPE scholars must help accelerate the turn to proactive planning, including via the day-to-day, direct supervision of major financial institutions.
Though dominant features of the American economy for most of the 20th century, corporations have become less numerous in the past three decades. Meanwhile, neglected alternatives to the public corporation have proven surprisingly durable. Given the manifest pathologies of shareholder capitalism, the combination of these two trends may suggest pathways out of our current dilemma.
In Paul Gowder’s recent blog post, as well as in his new book, he argues that we should democratize, rather than dismantle or restructure, Big Tech platforms. However, this familiar framing obscures more than it reveals, relying upon an impoverished account of the political economy of technology, of the co-evolution of politics and production, and of the core role of material infrastructure in digital settings.
