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Essay

The Algorithmic Capture of Employment and the Tertius Bifrons

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Automated hiring systems are paradoxical. Although often the stated reason for adopting them is to curtail human bias, they frequently end up exacerbating the biases they’re meant to correct. Even as employment discrimination continues to morph with the introduction of new technologies, so, too, should the law change to meet it head to head.

fat capitalist cartoon
Weekly Roundup

Weekly Roundup, September 25, 2020

By LPE Editors

This week at the blog… …we began a symposium on the deep problems with the criminal legal system. On Monday, Tariq El-Gabalawy introduced the symposium. On Tuesday, Marcelo López and Alejandra Gutiérrez discussed the intergenerational impacts of incarceration on their own families and communities and how that has guided their thinking through. . .
Essay

Coordination Rights Beyond Nation States

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Conversations about progressive possibilities for economic policy and political economy often undertheorize or ignore international trade. The international economy is often seen as a free-for-all between countries, a space where powerful multinational firms are able to play governments off one another, resulting in a race to the bottom of domestic laws. . .
Symposium

Countering the Neoliberal Structural Constitution

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This post is part of our symposium on socialist constitutionalism. The Federalist Society leverages right-wing legal change by promoting constitutional originalism as a seemingly noble and neutral foundation for neoliberal political economy.  Without a comparably accessible and compelling contrary first principle, left and centrist law and politics. . .
Essay

A Tribute to David Graeber

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The importance of Graeber’s work goes well beyond money and debt. In my view, anybody interested in building up a renewed legal realism that can stand up to not just law-and-economics but also the updated formalism of liberal analytic moral/legal theory would be well served to familiarize themselves with his writings.