Skip to content

Implications of Cedar Point Nursery

Nikolas Bowie, Veena Dubal, and Amy Kapczynski discuss the potential implications of the Cedar Point Nursery for workplace democracy, as well as legal and non-legal strategies for overcoming this concerning turn in Takings Clause jurisprudence.

Seven Reactions to the Eviction Moratorium Decision

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…

Where is the Political Economy?

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.

How to Vaccinate the World, Part 2

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.