Democracy, domination, and the challenge of economic governance -- Managerialism and the new deal legacy -- The progressive critique of the market -- Economic domination and democratic action -- Structuring democratic agency -- Anti-domination as regulatory strategy -- Democratic agency as...

In the summer of 2010, Congress considered legislation responding to two very different policy crises: the Dodd-Frank financial reform bill responding to the 2008-9 financial crisis, and the CLEAR Act responding to the Deepwater Horizon oil spill in the Gulf of Mexico. While addressing different...

From too-big-to-fail financial firms to net neutrality to internet platforms and the water crisis in Flint, Michigan, we now face a variety of legal and public policy problems which all share a common structure. While covering vastly different subject matter areas, these disputes are similar in...

Over the last few years, the Government of British Columbia (Canada) has initiated a variety of practices and policies aimed at providing more legitimate and effective governance. Leveraging advances in technology, the Government of British Columbia (BC) has focused on changing the way it...

The power and influence of dominant tech platforms — Google, Facebook, and Amazon, in particular — have become a central topic of debate. In this paper, I argue that these firms are best understood as the core infrastructure of our 21st century economy and public sphere. Whether it is...

Many forms of economic, social, and political inequality are the product not of individual actors but rather of larger systemic and structural arrangements. How should we conceptualize and then respond to such structural inequalities? This paper highlights two areas of current debate in legal...

This Review engages Jon Michaels's important new work, Constitutional Coup, situating it in context of wider battles over social and economic inequality and the crisis of democracy. The defense of the administrative state, this Review argues, is not just about assuring checks and balances; it is...

Regulatory reforms are not only the product of policy innovations; they are also shaped by the particular narratives, discourses, and arguments advanced in favor of or against reform. This paper examines the discourse of banking reform around the Glass-Steagall Act of 1933. The debate around the...

What gaps exist in the justice system that result in a need for services provided by community economic development attorneys? What is the evidence that those gaps actually exist? How do we know that community economic development practitioners fill those gaps, and in what way? These are merely...