Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 77, No. 4, Fall

A Powerless Companion: Human Rights in the Age of Neoliberalism
I INTRODUCTION It is increasingly common to claim that international human rights law is a neoliberal phenomenon. And certainly the common timing is right: the human rights revolution and the victory of market fundamentalism have been simultaneous....
Intellectual Property's Leviathan
Neoliberalism is a complex, multifaceted concept. As such, it offers many possible points of entry into my primary field of study, that of intellectual property (IP) law. We might begin by investigating tensions between IP law and a purely economic...
Law and Neoliberalism
"Neoliberalism" refers to the revival of the doctrines of classical economic liberalism, also called laissez-faire, in politics, ideas, and law. These revived doctrines have taken new form in new settings: the "neo-" means not just that they are back,...
Neoliberal Constitutionalism: Lochnerism for a New Economy
I INTRODUCTION 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,...
Neoliberalism and the Crisis of Legal Theory
I INTRODUCTION In recent years, the legal academy has begun to tell itself the story of how and why legal theory was marginalized in the wake of critical legal studies and the theory debates of the 1970s and 1980s. Despite the volume of work...
Neoliberalism in U.S. Family Law: Negative Liberty and Laissez-Faire Markets in the Minimal State
I INTRODUCTION Neoliberalism permeates U.S. family law. The law protects negative liberty in family life but denies positive rights to the resources that make family life possible. The law endorses laissez-faire market outcomes and portrays the...
Neoliberal Political Law
I INTRODUCTION In the last twenty-five years, the Supreme Court has struck down all limits on campaign expenditures, some limits on campaign contributions, state experiments in open primaries, and the central feature of the Voting Rights Act. The...
Preliberal Autonomy and Postliberal Finance
I INTRODUCTION Even American "founders" whose ambitions for their new nation's future were in large measure mutually antithetical seem to have shared certain salient values in common where financial and economic relations, and their connections...
The Hidden Costs of Health Care Cost-Cutting: Toward a Postneoliberal Health-Reform Agenda
I INTRODUCTION Neoliberals advocate for "marketization," but the transition to markets in pervasively regulated fields like health, defense, and education is complex. There is no way out but through. The state itself must capitulate to (and coordinate)...
The Mainstreaming of Libertarian Constitutionalism
I INTRODUCTION Libertarian constitutional thought is a distinctly minority position among scholars and jurists--one that, at first glance, has little in common with either modern Supreme Court jurisprudence or the liberalism that dominates the...
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