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Surveillance Pricing: Exploiting Information Asymmetries
Surveillance Pricing: Exploiting Information Asymmetries
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Whistling at the Edge of Law

The whistle is sounding in Minneapolis. The question before the legal profession is whether we will hear it, amplify it, and act accordingly, or instead insist that the ground eroding beneath our feet is temporary and manageable.

The Means-Testing Industrial Complex

As Republicans tightened work requirements and eligibility rules for Medicaid and SNAP last year, Equifax’s CEO openly celebrated the profits to be made from administering this deprivation. Means-testing and administrative complexity have turned America’s safety net into a lucrative revenue stream for monopolistic private contractors, underscoring the need for public data infrastructure and simpler eligibility rules.

Beyond Feasibility in Legal Scholarship

Law review articles are expected to conclude with a short section, often “Part IV,” that translates analysis into actionable prescriptions. Though well-intentioned, this convention constrains ambition, sidelines critique, and conflates near-term feasibility with rigor. In a moment of institutional unraveling and authoritarian threat, legal scholars and law review editors should resist the Part IV reflex and make space for bolder analyses, longer horizons, and more collective ways of imagining change.

Recent

Weekly Roundup: April 17

Ben Kaufman discusses our broken banking bargain, and Vincent Joralemon reflects on the neglected class dimension of addictive platform design. Plus, a call for (your!) hot new LPE scholarship, an upcoming event on the law, politics, and economy of apocalypse, Christine Desan on the constitutional conflict over the power to make money, a new strategic agenda. . .

The Class Politics of the Feed

By targeting the addictive design features of social media platforms, K.G.M. v. Meta marks a breakthrough in product liability law. Yet the case also reveals a neglected class dimension: the harms of addictive platform design fall most heavily on those with the fewest alternatives. In addition to regulating these harmful products, we must build. . .

Banks Have Abandoned Their Public Purpose

At the core of the U.S. banking system is the public’s choice to delegate money-creation privileges to private actors. But what is the public getting in exchange? An ever-swelling suite of predatory credit products and few basic services. It’s time to reset the terms of the bargain.

The Student Loan Conjuncture

While student loan repayment has resumed, stability is an illusion. Beneath the surface, mounting delinquency, administrative chaos, and the potential dismantling of federal loan management point to a deeper crisis in the governance of higher education finance.

Guilt by Solidarity

The conviction of Anti-ICE protestors on terrorism charges represents a dangerous new front in the Trump administration’s war against the left. Yet it also highlights a longer history: over the past several decades, legislatures and courts have enacted a form of guilt by association that is antithetical to collective political action.

Weekly Roundup: April 3

Ruthy Gourevitch and Jacob Udell on financial distress in the rental market, Alaa Hajyahia and Helen Zhao on the scourge known as the Jones Act, and Kathleen Frydl on how corporations hijacked identity politics. Plus, Lina Khan and Lev Menand’s new center for law and the economy, Niko Bowie and Daphna Renan’s new book on judicial supremacy, a. . .