In this episode, Julian kicks off a new series on Law and Political Economy (LPE) by examining foundational assumptions of how we see the law. Using David Foster Wallace’s “This is Water” as a frame to examine legal consciousness, Julian walks through what LPE scholars call the "Twentieth-Century Synthesis," and how prevailing legal thought has created a split between "market law" and "rights law." He traces how Law and Economics constructed legal common sense, and what that means for law students and lawyers in the critical examination of their field.

If you're interested in this week topic, please check out these resources to learn more:

David Singh Grewal, Amy Kapczynski, and Jedidiah Britton-Purdy, Toward a Manifesto (2017)

Samuel Aber, Neoliberalism: An LPE Reading List and Introduction, LPE Project (Aug. 10, 2020)

Samuel Aber, Legal Realism: An LPE Reading List and Introduction, LPE Project (Aug. 9, 2020)

Kendall Thomas, Law After Neoliberalism (course syllabus, Columbia Law School), LPE Project Syllabi (Jan. 23, 2025)

Amy Kapczynski, Law & Political Economy (course syllabus), LPE Project Syllabi (Sept. 27, 2022)

Luke Norris, Law & Political Economy (course syllabus, Univ. of Richmond School of Law, Fall 2023)