From too-big-to-fail financial firms to net neutrality to internet platforms and the water crisis in Flint, Michigan, we now face a variety of legal and public policy problems which all share a common structure. While covering vastly different subject matter areas, these disputes are similar in that they all involve the same root problem: how should law and public policy operate to prevent the arbitrary and unaccountable control over basic infrastructure? Water, finance, internet access-these are examples of goods and services which are foundational and infrastructural.

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