Last week, the Supreme Court struck down the Biden Administration’s most recent moratorium on evictions. The decision, along with an anemic federal rental assistance effort, has put millions of people at risk of being removed from their homes. To offer our readers different ways into this important ruling, we asked Amy Kapczynski, Nikolas Bowie, Tara…
Embracing the terms “economy” and “political economy,” as LPE has done, risks – unless we are careful – invoking just the kind of separate, reified realm that we are trying to critique. In our view, defining “the economy,” and studying how legal institutions have done so, should be central issues that LPE scholarship aims to address.
In a previous post, one of us described why we need global cooperation to achieve massively scaled up production of COVID vaccines. The United States must play a key role in this process, because it has the ability to mobilize resources, and powerful leverage over companies that have so far resisted serious participation in global efforts – especially Moderna, Pfizer, and J&J. Some commentators question whether the US has the power to compel this cooperation. Others have doubted the relevance of the demand coming from developing countries to temporarily waive the requirements of the World Trade Organization’s TRIPS Agreement to facilitate more manufacturing. In this post, we explain why existing US law gives the Biden Administration the power to mandate sharing and overcome IP barriers, and how the TRIPS waiver can contribute importantly to efforts to scale up production at a global scale.
The shortage of vaccines is a manmade problem, brought on by the false promise of innovation-by-monopoly and by reproduction of colonial dynamics. Our global R&D system layers privatized control and profits for huge firms based in rich countries atop a vast regime of open science and public subsidy. We can scale up production if we force pharma to share.
It is now clear that we are entering a new phase of the global COVID-19 pandemic. The virus appears in new countries around the world each day. New cases are now regularly reported in the United States, and as testing is scaled up, that number will increase, probably substantially. It is clear now that the…
Ask not for whom the First Amendment tolls: It tolls for you. Or so I argue in an essay just published at the Columbia Law Review online. It’s called “The Lochnerized First Amendment and the FDA: Toward a More Democratic Political Economy”—a boring title for a vital and urgent problem. Courts, speaking in the name…