This post is part of our series on the political economy of labor & the constitution. You can find all of our posts on this topic here.
At the end of September, labor law scholars gathered at a conference focused on “Labor and the Constitution: Past, Present, and Future.” There, a group of us considered the problem of “Political Economy and the Constitution”—and the extent to which the Law and Political Economy (LPE) analytical frame can be useful in building a more democratic and egalitarian future for workers.
As readers of this blog know, LPE represents an emerging approach in legal scholarship—or at least a return to an old approach that had long been dormant. Yet, in contrast to other areas of the legal academy, attention to questions of economic power never disappeared from view in labor law. Maybe more than in any other field, people who study the history of the workplace and workers’ position in society have long recognized the importance of power. They have been acutely aware of connections between the political and the economic, between markets and law. Continue reading