The Podvocate by Loyola University Chicago School of Law
202 episodes
3 days ago
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)
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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)
Deprivation as Rehabilitation: The Impact of Beard v. Banks on Inmate Free Speech Claims
The Podvocate
28 minutes 52 seconds
4 weeks ago
Deprivation as Rehabilitation: The Impact of Beard v. Banks on Inmate Free Speech Claims
In this week's episode, associate editor Rachel Urbash begins with a brief discussion of theories underlying incarceration in the US. Next, this episode tracks the evolution of the test created by the Supreme Court in 1987 to assess the validity of prison regulations violating the constitutional rights of inmates. Starting with Turner v. Safley, the episode discusses the creation of the four-factor test. After discussing Turner, this episode discusses Beard v. Banks, a 2006 Supreme Court First Amendment case that called the efficacy of the Turner analysis into question in considering the validity of prison regulations that deprived inmates of virtually all First Amendment rights to encourage rehabilitation. This episode discusses the critiques of the Court's analysis in Beard, and the impact of the decision on circuit courts’ analyses of First Amendment free speech challenges to prison regulations.
If you're interested in this week's topic, please check out these resources to learn more:
Beard v. Banks | 548 U.S. 521 (2006) | Justia U.S. Supreme Court Center
Prisoners' Rights Archives | The Free Speech Center
beard_v_banks_deprivation_as_rehabilitation.pdf
The Podvocate
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)
