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The rise of for-profit law schools in the United States highlights the interplay of political and moral economy in the reproduction of legal expertise. This article offers ethnographic evidence from one ABA-accredited for-profit law school pseudonymously labeled New Delta School of Law. The article posits New Delta as a case study in market fundamentalism of the kind first theorized by Hungarian economist Karl Polanyi. Polanyi defined global capital as a “double movement” between free...
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Against a backdrop of rapidly evolving crisis management in the European financial and sovereign debt crisis this essay aims both to explore and to re-consider the role of law in the EU integration process: What did law accomplish? Where did it fail? What is law going to endure? What kind of future can it envisage? The essay traces back the evolution of the law-politics relationship in both EU legal scholarship and practice from the foundational period of ‘integration-through-law’ to the...
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Polanyi saw the economy as properly embedded in society and argued that the capitalist free market, in commodifying social relations of production, seeks to disembed the economy from society. The resulting lack of continuity between society and economy, he maintained, created conflict which necessarily required state intervention. The market economy, therefore, in contrast to neoclassical/neoliberal economics’ vision of an autonomous, self-regulating market, required more, not less, state...
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‘Constitutionalisation’ is the key concept in the search for legitimate governance in the European Union and in the international system. This paper suggests the revitalising of a discipline which is widely neglected in European law and international law scholarship. It does not, however, recommend a return to the conflict of laws (private international law) in the traditional sense. The new type of conflicts law that the paper advocates is not concerned with selecting the proper legal...
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Hardly anywhere is the trend towards a perfection of transnational governance arrangements and their “legalization” more visible than in international trade. Governance arrangements established through and alongside WTO law are both practically important and theoretically challenging. They do not just organise international trade relations. They also affect national and regional (European) regulatory policies partly directly, partly more indirectly. How can we explain and how should we...
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Europe continues to search for its - "European" - social model and the search seems to become increasingly urgent. It is no longer just the "democratic deficit", but also and alongside it, the "social deficit" of the EU which needs to be cured. That new concern is, in fact, a rejection of the older answers. According to the ordo-liberal interpretation of the European legal order as an "Economic Constitution" and, successively, in the analyses of the EU as a "Regulatory State", the sphere of...