LPE Originals

Seven Reactions to NFIB v. Department of Labor

Luke Herrine, Noah Zatz, Veena Dubal, Blake Emerson, Diana Reddy, Nate Holdren, and Caroline Grueskin offer their initial reactions to the Court's decision blocking OSHA's vaccine-or-test mandate.

LPE Originals

A Tribute to David Graeber

The importance of Graeber's work goes well beyond money and debt. In my view, anybody interested in building up a renewed legal realism that can stand up to not just law-and-economics but also the updated formalism of liberal analytic moral/legal theory would be well served to familiarize themselves with his writings.

LPE Originals

Historicizing Consumer Protection

Learned Hand once described the task of the Federal Trade Commission as “discover[ing] and mak[ing] explicit those unexpressed standards of fair dealing which the conscience of the community may progressively develop.” In a previous post, I argued that moving consumer protection law beyond consumer sovereignty requires recovering this way of thinking, common among Progressives and…