Reviving Progressive Constitutional Political Economy

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When

Friday, November 18, 2022 9:30AM - 5:00PM EST

Where

Georgetown University Law Center

McDonough 201
600 New Jersey Ave NW
Washington, DC
20001

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Event Registration

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Event Details

In-person registration for the conference is now closed. You can livestream the conference here.

For most of our history, when Americans argued and fought about how to organize our political economy—the role of government, the extent and reach of redistribution, the tension between democracy and concentrated private wealth and power—advocates on all sides of these questions made constitutional arguments. For generations, a main current in American constitutional thought held that oligarchy—too much economic and political power concentrated in too few hands—threatens the “Republican form of government” at the heart of the Constitution.


The main arenas for all these constitutional arguments were the political branches and the public sphere. Today, the dominant mode of constitutional argument is different: it is far more focused on—and far more deferential to—the Supreme Court, which is now busy reviving the reactionary, anti-redistributive outlook of the Lochner Era.

Spurred by the publication of Joseph Fishkin and William E. Forbath’s book The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard 2022), this conference brings together cutting-edge thinkers and scholars working in a variety of areas to explore what it would mean to put constitutional arguments at the core of Law & Political Economy (LPE), and to return political economy arguments to the heart of constitutional politics.

This conference explores the provocative question: what if we revived this progressive tradition of constitutional political economy? What work could anti-oligarchy principles and arguments do in our current moment? How can legislators, executive branch officials, and ordinary Americans draw on these traditions to challenge and counter, check and balance an out-of-control Supreme Court.

Logo of ACS, the Hewlett Foundation, and the Law & Political Economy Project

Schedule of Events

Introductions
9:30 – 9:45 a.m.

Panel I: Is it a Good Idea to Constitutionalize Political Economy?
9:45 – 11:30 a.m.

E.J. Dionne, Jr., Distinguished University Professor, Georgetown University
Willy Forbath, Lloyd M. Bentsen Chair in Law; Associate Dean for Research, UT Austin Law
Caroline Fredrickson, Distinguished Visitor from Practice, Georgetown University Law Center
Michael Kazin, Professor of History, Georgetown University
Sabeel Rahman, Associate Professor of Law, Brooklyn Law School
Bertrall Ross, Justice Thurgood Marshall Distinguished Professor of Law; Director, Karsh Center for Law and Democracy, UVA Law

Coffee Break
11:30 – 11:45 a.m.

Panel II: Legislative & Administrative Constitutional Political Economy
11:45 a.m. – 1:30 p.m.

Josh Chafetz, Professor of Law, Georgetown University Law Center
Ryan Doerfler, Professor of Law, Harvard Law School
Victoria Nourse, Ralph V. Whitworth Professor in Law, Georgetown University Law Center
Ganesh Sitaraman, New York Alumni Chancellor's Chair in Law; Director, Program in Law and Government, Vanderbilt Law School

Lunch
1:30 – 2:15 p.m.

Keynote Speech
2:15 – 2:45 p.m.

Jamie Raskin, U.S. Representative, Maryland's 8th Congressional District

Panel III: New Directions in Constitutional Political Economy
3:00 – 4:45 p.m.

Yochai Benkler, Jack N. and Lillian R. Berkman Professor for Entrepreneurial Legal Studies; Faculty Co-Director, Berkman Klein Center for Internet and Society, Harvard Law School
Sanjukta Paul, Professor of Law, Michigan Law
Brishen Rogers, Professor of Law, Georgetown University Law Center
Dorian Warren, President, Community Change
Felicia Wong, President and CEO, Roosevelt Institute

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Instructions for Visiting Georgetown University:

Georgetown University looks forward to your upcoming visit.

To help protect the health and safety of the Georgetown community, including our guests, all visitors ages 12 and older to University-owned or operated buildings must be up to date on COVID-19 vaccination (i.e., primary series and, when eligible, an additional dose), or attest to having a medical or religious exemption from being vaccinated.


Please follow the steps below that are required before your visit.


Step #1: Anytime between now and the day before your visit, please submit documentation showing you are up to date on COVID-19 vaccination with a vaccine authorized for emergency use or granted approval by the U.S. Food and Drug Administration (FDA) or the World Health Organization (WHO). Acceptable proof of vaccination includes, but is not limited to:
o CDC COVID-19 Vaccine Card
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o Documentation provided by a healthcare organization or country


Note: If you are not up to date on COVID-19 vaccination but attest to having an appropriate medical or religious reason for not being vaccinated, you will be able to indicate this as part of Step #1 and proceed with the process required to visit our campus. You will be required to submit to the University proof of a negative PCR test taken within 48 hours prior to your arrival time on our campus when you submit your health attestation on the day of the event.


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Click Here to Complete Step #1: https://gucovid.force.com/visitor/s/?event=VE5863


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