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Law and the Political Economy of Technology

In April, Jack Balkin, Yochai Benkler and I convened a workshop on the law and political economy of technology at Yale Law School. Participants drafted thought papers, which we spent the better part of two days discussing.  In the coming weeks, many participants will post revised papers or reflections in a series of posts that…

Guns and Privatized Sovereignty

Like many of you, we’ve been moved by the voices of the student activists from Marjory Stoneman Douglas High School. With fierce focus and astonishing political savvy, they’ve unleashed an urgent new national debate about gun control. America today has the highest per capita gun ownership in the world, and evidence suggests that this is…

Why Civil Disobedience, and Why Now?

On December 5th, I joined hundreds of people from 32 states in Washington D.C to protest the Republican tax bill.  We packed the hallways outside of the offices of seven key members of Congress, and mic-checked one another so that people’s stories about the bill’s devastating consequences could be heard.   A group of us –…

Your Money or Your Life?

High drug prices are a major problem in the United States. In the Washington Post today, Aaron Kesselheim and I have an op-ed about what President Trump could do – immediately – to lower drug prices, if he had any intention of following through on all of those campaign promises and tweets. (We also explain…

Why “Intellectual Property” Law?

When I entered law school in 1999, I was primarily interested in two things: HIV/AIDS, and critical approaches to human rights. I was also young and queer, and Bowers v. Hardwick was the law of the land. Sodomy was illegal in many states, and so, it seemed, was I. So, I was also deeply interested…

Law and Political Economy: Toward a Manifesto

This is a time of crises. Inequality is accelerating, with gains concentrated at the top of the income and wealth distributions. This trend – interacting with deep racialized and gendered injustice – has had profound implications for our politics, and for the sense of agency, opportunity, and security of all but the narrowest sliver of…