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Introduction: The 2021 Law and Political Economy Writing Prize 简介:2021年法律与政治经济学写作奖
Journal of Law and Political Economy Pub Date : 2021-11-12 DOI: 10.5070/lp62155391
Katie Super, Miriam Shestack, A. Saunders, Kurt Walters
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引用次数: 0
Economic Law: Anatomy and Crisis 经济法:剖析与危机
Journal of Law and Political Economy Pub Date : 2021-06-20 DOI: 10.5070/lp61353766
Peer C. Zumbansen
{"title":"Economic Law: Anatomy and Crisis","authors":"Peer C. Zumbansen","doi":"10.5070/lp61353766","DOIUrl":"https://doi.org/10.5070/lp61353766","url":null,"abstract":"This article revisits the improbable concept of “economic law,” which originated in earlyand mid-twentieth-century debates in search of a magical triad: a legal-political framework for a capitalist economy under democratic control. In analyzing its composite elements both in retrospect and in the current pandemic context, it becomes obvious how the elements generate complicated, potentially destructive dynamics with one another. The recently resurgent interest in the relationship between law and political economy provides a valuable opportunity to reimagine economic law at a time when many frameworks of the twentieth-century nation and post-welfare state have been exposed as vulnerable and fleeting—making the need for a critical legal methodology the more urgent. The analysis seeks to provide some starting points for such a methodology by taking a closer look inside the toolboxes that lawyers tend to open in times of crisis.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131094879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
What Do Franchisees Do? Vertical Restraints as Workplace Fissuring and Labor Discipline Devices 加盟商做什么?垂直约束作为工作场所的裂缝和劳动纪律装置
Journal of Law and Political Economy Pub Date : 2021-06-20 DOI: 10.5070/LP61353764
B. Callaci
{"title":"What Do Franchisees Do? Vertical Restraints as Workplace Fissuring and Labor Discipline Devices","authors":"B. Callaci","doi":"10.5070/LP61353764","DOIUrl":"https://doi.org/10.5070/LP61353764","url":null,"abstract":"Author(s): Callaci, Brian | Abstract: Applying a simple model to a data set created from 530 franchise contracts, this article shows that the loosening of antitrust restrictions on vertical restraints—competition restrictions in agreements between firms at different levels of the production and distribution process—allows trademarked brands to control wages and working conditions across the boundaries of the firm, at legally separate franchised establishments. Some vertical restraints reduce the bargaining power of franchisees, causing them to exert extraordinarily high effort levels. Other vertical restraints limit franchisee discretion and focus their efforts on labor cost and labor discipline for their profit margins. By monitoring the franchisees who monitor workers, franchisors control wages at franchised establishments without incurring the legal responsibilities and liabilities of traditional employment. To properly regulate franchising and other similar contracting arrangements, antitrust and labor law should be brought together rather than considered in isolation.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129403262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Review of Jennifer Lander, Transnational Law and State Transformation: The Case of Extractive Development in Mongolia 《跨国法与国家转型:以蒙古采掘业发展为例》
Journal of Law and Political Economy Pub Date : 2021-06-20 DOI: 10.5070/LP61353769
A. Fourie
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引用次数: 0
Review of Julian Germann, Unwitting Architect: German Primacy and the Origins of Neoliberalism 朱利安·格尔曼:《不知情的建筑师:德国的首要地位和新自由主义的起源
Journal of Law and Political Economy Pub Date : 2021-06-20 DOI: 10.5070/LP61353767
Pavlos Roufos
{"title":"Review of Julian Germann, Unwitting Architect: German Primacy and the Origins of Neoliberalism","authors":"Pavlos Roufos","doi":"10.5070/LP61353767","DOIUrl":"https://doi.org/10.5070/LP61353767","url":null,"abstract":"","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123946416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 10
Vol 1 Issue 3 Front Matter 第一卷第三期封面
Journal of Law and Political Economy Pub Date : 2021-06-20 DOI: 10.5070/lp61353762
Editors Jlpe
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引用次数: 0
Prudence and the Use and Abuse of the New Learning About Salience 审慎性与突出性新学的运用与滥用
Journal of Law and Political Economy Pub Date : 2021-06-20 DOI: 10.5070/lp61353765
Darien Shanske
{"title":"Prudence and the Use and Abuse of the New Learning About Salience","authors":"Darien Shanske","doi":"10.5070/lp61353765","DOIUrl":"https://doi.org/10.5070/lp61353765","url":null,"abstract":": We have learned that tax policy preferences are sensitive to how questions are presented to voters (their salience). If one believes, reasonably, that there is also evidence that voters do not vote for their preferred tax policy, then manipulating salience could help voters arrive at their preferred outcome. Such manipulation has been strongly criticized as not only impinging on voter autonomy as to their legitimate policy preferences, but also likely to be worse than ineffective because it would violate norms of procedural justice and possibly engender blowback. In this article, I will sketch the line between what is permissible and what is not. Choosing the right level of salience is a practice in prudence. Prudence is the virtue of mind associated with making better decisions when there are many reasonable options to choose from. A prudent salience engineer will use the new learning about salience to present the information a citizen needs to make a decision using her own practical judgment.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130928393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Bound by the Economic Constitution: Notes for “Law and Political Economy” in Europe 受经济宪法约束:欧洲“法律与政治经济学”注释
Journal of Law and Political Economy Pub Date : 2021-01-09 DOI: 10.5070/LP61251589
Ioannis Kampourakis
{"title":"Bound by the Economic Constitution: Notes for “Law and Political Economy” in Europe","authors":"Ioannis Kampourakis","doi":"10.5070/LP61251589","DOIUrl":"https://doi.org/10.5070/LP61251589","url":null,"abstract":"Author(s): Kampourakis, Ioannis | Abstract: The aspiration of this article is to start a conversation about the possible contribution of a Law and Political Economy research agenda in Europe. I first unpack the role of law in structuring the economy at the supranational level by examining the legacy of ordoliberalism and the Economic Constitution of the EU as the normative project of insulating the internal market from political contestation. I then attempt to map the critical approaches that challenge the depoliticization of the economy and constitute the backdrop for an emerging LPE agenda. In particular, I discuss negative universalism, which focuses on the legal form as a limit to power and as enabling particular causes to make claims in universal terms; instrumentalism, which favors politicizing the law to advance egalitarian agendas; and counter-hegemony, which looks to civil society and to social transformation beyond the state. Concluding with a call for pragmatic and contextual critical practice, I attempt to carve out a space for an LPE in Europe agenda rooted in the normative commitment to democracy and equality as a form of immanent critique, in the aspiration to use institutions for social transformation, and in an orientation towards democratic power-building.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128656326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
The Road to Free-Market Family Policy 通往自由市场家庭政策之路
Journal of Law and Political Economy Pub Date : 2021-01-09 DOI: 10.5070/lp61251590
M. Eichner
{"title":"The Road to Free-Market Family Policy","authors":"M. Eichner","doi":"10.5070/lp61251590","DOIUrl":"https://doi.org/10.5070/lp61251590","url":null,"abstract":"","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127149022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Regulatory Roots of Inequality in America 美国不平等的管制根源
Journal of Law and Political Economy Pub Date : 2021-01-09 DOI: 10.5070/lp61251588
Steve Vogel
{"title":"The Regulatory Roots of Inequality in America","authors":"Steve Vogel","doi":"10.5070/lp61251588","DOIUrl":"https://doi.org/10.5070/lp61251588","url":null,"abstract":": Why has US income inequality surged to unprecedented heights since the 1970s? The rise in inequality was not simply the natural result of differential rates of return but was powerfully driven by politics and policy. This article explores the underlying mechanisms with a focus on market governance, including corporate governance, financial regulation, labor relations, antitrust, sector-specific regulation, and intellectual property rights. Firms and individuals actively shaped market governance in their own favor and then took advantage of that favorable governance in the marketplace. This “inequality snowball” was particularly pronounced in the United States because firms were more aggressive in their business and political strategies and because the political system delivered more winner-take-all policy outcomes than the more consensual political systems of continental Europe and Japan.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116438824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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