| Personal blog | https://thesanjuktablog.com/ |
| Papers & pubs | https://michigan.law.umich.edu/faculty-and-scholarship/our-faculty/sanjukta-paul |
| Personal blog | https://thesanjuktablog.com/ |
| Papers & pubs | https://michigan.law.umich.edu/faculty-and-scholarship/our-faculty/sanjukta-paul |
If you teach medieval english literature and you don't dress like this, can you be a good professor?
The #studentloan cases at the Supreme Court today purport to be about who has the power to forgive student loans; the conservative Justices say they are protecting Congress's authority.
It's the opposite. They're out to destroy Congress's authority to enact laws that give the executive branch flexibility and discretion, e.g. to respond to emergencies.
The branch of government they're actually empowering is themselves—the Supreme Court—not coincidentally the branch their party now controls.
I was just on AirTalk with Larry Mantle here in Southern CA talking about these cases and the other guest, conservative law professor Josh Blackman, said something I think is true, which is that this "major questions doctrine" that purports to safeguard Congressional authority is really, at bottom, about the "nondelegation doctrine."
The nondelegation doctrine, part of right-wing constitutionalism since the 1930s, is about disabling Congress from delegating power to the executive branch.
B. didn't advance his ideas in an academic style so people lose sight of the quite distinctive & robust, if implicit, theory of markets in his work.
He supported trade associations as an alternative to big, dominant firms: He understood coordination is a constant--but also didn't believe coordination necessarily *eliminates* competition.
That idea is hard to grasp from the marginalist, unidimensional perspective on competition! It's either there or it isn't; institutional detail disappears.
Competition is not only housed alongside specific forms of coordination--sort of like the intertwined muscular and fascia systems of the body--but also takes qualitatively distinct forms, about which legal & social choices present themselves.
This is not a conception of competition that fits with the uni-dimensional Marshallian idea of competition that was gaining ground at the time- but had hardly yet won the day. (It did match the labor institutionalists' idea of competition.)