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Full-Text Articles in Law
Neoliberal Constitutionalism: Lochnerism For A New Economy, Jedediah S. Purdy
Neoliberal Constitutionalism: Lochnerism For A New Economy, Jedediah S. Purdy
Faculty Scholarship
Neoliberalism has a constitutional face. It figures in judicial and popular interpretations of free speech, due process, equal protection, and federalism, as surely as it does in intellectual property, family law, health policy, and the other areas that our contributors address. In this article, I make the case that there is something special about the constitutional expression of neoliberalism, which arises from three features of constitutional law: its basicness, its breadth, and its integrating tendency.
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Faculty Scholarship
The goal of this Article is to create a way of seeing how market structure is innately political. It provides a taxonomy of ways in which large companies frequently exercise powers that possess the character of governance. Broadly, these exercises of power map onto three bodies of activity we generally assign to government: to set policy, to regulate markets, and to tax. We add a fourth category – which we call "dominance," after Brandeis – as a kind of catchall describing the other political impacts. The activities we outline will not always fit neatly into these categories, nor do all …