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Home2017 Workshop Program

ENGAGED SCHOLARSHIP IN LAW & ECONOMICS
WORKSHOP

Co-sponsored by the University of Maryland, Francis King Carey School of Law and
the Association of Promotion of Political Economy and the Law (APPEAL)

University of Maryland, Francis King Carey School of Law
Krongard Room, 500 W Baltimore St, Baltimore, MD 21201
June 15 – 16, 2017

 


Thursday, June 15

 

11 – 11:45 p.m.           Registration

 

11:45 – noon               Welcome and Introductions

                                   

                                    Host:

Frank Pasquale, Professor of Law, University of Maryland, Francis King Carey School          of Law School

                                   

Co-Organizers:

Martha McCluskey, Professor, William J. Magavern Faculty Scholar, State University of New York at Buffalo School of Law

 

                                    Jennifer Taub, Professor of Law, Vermont Law School

 

12 – 12:30 p.m.           Lunch Reception at the Law School

 

12:30 – 2:00 p.m.        Session I: Developing Political Economic Policy

How to we overcome the policy precepts that limit bolder solutions to current problems?  Specifically, what insights can support policy advancing affordable, comprehensive healthcare (such as Medicare for all), full employment, a healthy, sustainable environment, and safe, fair banking and business?

 

Part A.  Political Economy of Targeting Public Support: Discussion will include how targeting economic support to those ranked most needy (e.g., in public support for education and health) fails to address broader political-economic costs of divisive and complex categorization.

Reading materials:

  • Excerpt from, Peter H. Schuck and Richard J. Zeckhauser, Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples (Brookings 2006) (Thesis: “The political and programmatic success of social programs requires improved target efficiency: directing resources where they do the most good.”)
  • Mark K. Siegel, What the Republican Health Plan Gets Right, N.Y. Times, May 6, 2017 (“Why shouldn’t a patient who is risk-averse pay more for coverage she might never need, while that construction worker be allowed to choose a cheaper insurance plan that might cover only the essentials?”)

 

Moderator:
Frank Pasquale, Professor of Law, University of Maryland, Francis King Carey School of Law School

James Boyce, Professor of economics, University of Massachusetts, Amherst, and director of the environment program at the Political Economy Research Institute.

 

Allison Hoffman, Professor of Law at UCLA School of Law

 

Katherine Moos, Assistant Professor of Economics, UMass Amherst

 

Mark Paul, Postdoctoral Associate at the Samuel DuBois Cook Center on Social Equity at Duke University.

 

K. Sabeel Rahman, Assistant Professor, Brooklyn Law School

 

2:00 – 2:15 p.m.          Break

 

2:15 - 3:45 p.m.          Part B. Regulating Market Power

 

                                    Reading Materials

  • Excerpt from Hester Pierce & Benjamin Klutsey, “Introduction: Market-Based Financial Regulation” in Reframing Financial Security: Enhancing Stability and Protecting Consumers (Mercatus 2016).

 

                                    The central thesis of Reframing Financial Security is that “private market participants” necessarily produce “knowledge” superior to the judgments of government regulators. That influential premise persists despite extensive analysis and experience showing how “markets” often operate to drive out legitimate information in favor of fraud, alternative-facts, prejudice, unsound speculation, and other forms of destructive irrationality.

 

How do assumptions about legal and economic rationality shape how law governs economic power (e.g. in financial regulation, antitrust, corporate governance, white collar crime, government corruption)?  How can we challenge and change these fundamental assumptions to open up the possibilities for fairer and more effective markets and government?

 

                                    Moderator:

Jennifer Taub, Professor of Law, Vermont Law School

 

Panelists:

 

Stephen Hall, Legal Director and Securities Specialist, Better Markets

 

Lina Khan, Yale Law School J.D. 2017; Open Markets Project Fellow, New America Foundation           

 

Komal Vaidya, Clinical Teaching Fellow, University of Baltimore

           

Sandeep Vaheesan, Regulations Counsel, Consumer Financial Protection         Bureau 

 

James (Jay) Varellas, J.D., Berkeley PhD candidate in Political Science

 

Lua Kamal Yuille, Assoc. Professor of Law, University of Kansas

 

 

3:45 – 4:00 p.m.         Break

 

4:00 – 5:30 p.m.          Part C. Re-Orienting Fiscal Policy: What Visions, Values and Measures?

How can we better analyze the affordability of major public investments in health, education, jobs, environment, or infrastructure?   What flawed political or economic assumptions, institutions, policies, or accounting measures stand in the way of using federal fiscal policy to better advance shared prosperity?  

 

Even if we differ on the role of taxation (see Modern Money analysis), can we agree on sound reasons and strategies for shifting the emphasis of fiscal policy away from fears of inflation and deficit spending?  How can fair and effective taxation help address problems such as concentrated power, inequality, instability, corruption, or environmental harm?

 

Moderator:

Martha McCluskey, Professor, William J. Magavern Faculty Scholar, State University of New York at Buffalo School of Law

 

Mike Konczal, Fellow, Roosevelt Institute

 

Michael Linden, Policy and Research Director at the Hub Project Fellow at the Roosevelt Institute. Tax policy expert who took a red pen to the President’s tax “proposal.”

 

                                    Raúl Carrillo, Modern Money Network and New Economy Project

 

                                    David Freund, Assoc. Professor of History, University of Maryland

 

Rohan Grey, Modern Money Network and Appellate Attorney, Children’s Law Center

 

Charles Whalen, Visiting Scholar, Baldy Center for Law & Social Policy at SUNY Buffalo Law School

 

5:30 – 6:00 p.m.          Pre-Dinner Break

 

6:00 – 6:30 p.m           Dinner from Buffet

 

6:30 – 8:00 p.m.          Keynote: Engaged Scholarship
Lee Badgett
, Professor of Economics, UMass Amherst, search director of the Williams Institute on Sexual Orientation Law and Public Policy at UCLA School of Law.

 

                                    Lee will discuss her new book The Public Professor: How to Use Your Research to Change the World (NYU Press, 2016).

 

Commentators:

 

Lenore Palladino, Senior Economist and Policy Counsel at the Roosevelt Institute and Lecturer in Economics at Smith College

 

Faith Stevelman, Professor of Law, New York Law School

 

Martha Mahoney, Professor, University of Miami Law School    

 

 

Friday, June 16         The Education Project

Today will discuss plans to complete and disseminate the Casebook in Law and Political Economy: Contemporary Approaches, our in-progress textbook on political economy and the law.  The project is summarized in:  Martha T. McCluskey, Frank Pasquale, and Jennifer Taub, Law and Economics: Contemporary Approaches, 35 Yale L. & Pol'y Rev. 297 (2016).

 

9:00 – 10:30 a.m.        Session I. Teaching

Part A: Integrating casebook examples into extant courses. Panelists will provide a five-minute sketch of their chapters including suggestions for which courses might include their contribution. Following these brief presentations will be a group discussion.

 

                                   

Moderator:

                                    Jennifer Taub, Professor of Law, Vermont Law School            

 

                                    Panelists:

Frank Pasquale, Health Insurance Law and Policy

Raúl Carrillo Unemployment: A Public Problem of Legal Design (co-authored with Pavlina Tcherneva)

Martha T. McCluskey & Mark Silverman, Assistant Professor, Franklin & Marshall College (Fall  2017), Law, Economics and the Minimum Wage

Kenneth Casebeer, The Public-Private Unity and Myth of Market and State Separateness (Constitutional Law, Labo )

Jamee K. Moudud, Professor of Economics, Sarah Lawrence, Law and Development:  Beyond the Third Moment

Angela Harris, University of California- Davis School of Law, Boochever and Bird Chair for the Study and Teaching of Freedom & Equality, Civil Rights Law (co-authored with Emma Coleman Jordan)

Kristin Johnson, Professor Seton Hall University School of Law and Lily Vo, Attorney, Financial Regulation: OTC Derivatives

Rohan Grey and Robert Hockett, Edward Cornell Professor of Law, Cornell Law School. Legal Architecture of Public and Private Money

 

Frank Pasquale & Sandeep Vaheesan, Regulations Counsel, Consumer Financial Protection       Bureau, Antitrust Law and Economics

 

10:30 -10:45 a.m.        Morning Break

 

10:45 - 12:00 p.m.      Session I. Teaching

Part B: Law and Economics: Contemporary Approaches: Possibilities for educational outreach in stand-alone courses and trainings

 

                                    Moderator:

Martha McCluskey, Professor, William J. Magavern Faculty Scholar, State University of New York at Buffalo School of Law

                                   

                                    Panelists:

Aman Banerji, Senior Program Associate at the Roosevelt Institute

 

Joshua Brody, Univ. of Texas, Austin J.D. candidate

 

John D. Haskell, Senior Lecturer, University of Manchester School of Law

 

Amy Kapcynzski, Professor of Law, Yale Law School and faculty director of the Global Health Justice Partnership

 

Mohamed Obaidy,  ‎PhD candidate in Economics, The New School for Social Research

 

                                    Nick Werle, Yale Law School J.D. 2017

                                                                         

12:00 - 1:15 p.m.        Lunch

                                    Discussion about using social media to advance legal and policy changes

                                    Nicole Gill, Tax March

                                    Jennifer Taub, Professor, Vermont Law School

 

1:15-1:30 p.m.            Break

 

1:30 - 3:00 p.m.          Session II Research: Advancing Legal Economic Theory, Method and                                           Vision

 

                                    Moderator:

Frank Pasquale, Professor of Law, University of Maryland, Francis King Carey School          of Law School

 

Panelists:

 

Reza Dibadj, Professor and Dean’s Circle Scholar, University of San Francisco, School of Law, Beyond Neo-Classical Perspectives:  Promise and Pitfalls

Jedediah Kroncke, Professor, São Paulo Law School, Fundacao Getulio Vargas-Direito SP, Brazil, ESOPS and the Limits of Fractional Ownership

 

Jennifer Taub, Professor, Vermont Law School, Regulation as Contract

 

 

3:00 – 3:15 p.m.          Break

 

3:15 – 4:00 p.m.          Session II Recap, Synthesis and Future Planning

How can we collectively – through APPEAL -- contribute to developing better ideas and action to respond to the current political economic environment?  What topics and initiatives should be the focus of future events? 

 

4:00 – 5:00                  Reception

 

4:30 – 5:00                  Business Meeting:

For those interested in joining an advisory committee to lead future APPEAL events and activities.

 

6:00 p.m.                     Dinner (for those in town Friday evening):  Forno (Italian restaurant)

                                    7 N Eutaw St., Baltimore (2 minute walk from Law School)

 

And/or for those interested (on your own) -- Baseball Game (at 7:05)

Orioles play the Cardinals at Camden Yards, which is about 5 blocks from the law school.