Overrating Under-determination; Underrating Capitalism (A Reply to Karl Klare)

Overrating Under-determination; Underrating Capitalism (A Reply to Karl Klare)

Klare speaks to the virtues of post- and non-marxist social theory. My impression is that these literatures are long on the kind of disaggregation that the theory of underdetermination permits. Marxist critical theory tends to place more emphasis on aggregating, finding patterns. That kind of thought and past socialists who held to only minimally appear in Klare’s text and do so largely as foils. I would like to suggest that marxist social theory and the identification of patterns that persist over time – such as structural domination – is at least equally valid for left purposes and for understanding the relationship between law and political economy.

The Market Does Not Bind Us

The Market Does Not Bind Us

NB: This post is part of a debate on the Loan Shark Prevention Act, a bill that would create a federal usury cap. Anne Fleming’s argument against the bill is here. The central fallacy of the arguments against the Loan Shark Prevention Act, including Professor Fleming’s, is the limitation of regulation to merely attempting to…

A Single Federal Usury Cap is Too Blunt an Instrument

A Single Federal Usury Cap is Too Blunt an Instrument

NB: This post is part of a debate on the Loan Shark Prevention Act, a bill that would introduce a federal usury cap. Emma Caterine’s response is here. In May 2019, Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez unveiled the Loan Shark Prevention Act, a bill that would cap the cost of consumer credit nationwide.…

The Uber/Lyft “Workers’ Association” Debate: A Response to Dubal

The Uber/Lyft “Workers’ Association” Debate: A Response to Dubal

N.B.: Benjamin Sachs penned this response to Part I of Veena Dubal’s post on comparing solidarity unionism with company unions earlier this week. In the spirit of debate, we’re cross-posting from On Labor.  Veena Dubal writes an important piece that raises concerns about Uber and Lyft’s suggestion that drivers in California form a “workers’ association.” Dubal worries…

Is Labor’s Future in Labor’s Capital? A Debate

Is Labor’s Future in Labor’s Capital? A Debate

This is Part I of a conversation between David H. Webber and Michael McCarthy on the prospect of combating neoliberal corporate governance through the shareholder activities of workers’ pension funds. Workers’ retirement savings make up a substantial share of the capital invested in the public stock market and the private equity market. If shareholder primacy…