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Market Governance in Trumpworld
Market Governance in Trumpworld

Market Governance in Trumpworld

Over the past year, the much-touted right-wing embrace of anti-monopolism has been reduced to a distant memory. What has emerged instead is a personalist form of market governance, where regulatory authority persists only insofar as it serves the ambitions of political insiders.

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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.

Beginning with Empire

U.S. attacks on alleged drug trafficking boats in the Caribbean have been widely condemned for violating international law. Yet much of this criticism, by focusing narrowly on the Trump administration’s military excesses, risks repeating a familiar mistake: debating how the United States wages war while leaving unquestioned why it wages it at all.

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Weekly Roundup: Feb 27

Sophina Clark on work-spreading as a non-reformist reform, Jason Jackson on the moral orders of capitalist legitimacy, and Amy Cohen on a potential post-moral turn in American capitalism. Plus, Lenore Palladino shines a slight on unregulated private capital, Lev Menand and Joel Michaels dismiss Trump’s latest tariff gambit, Beatrice Adler-Bolton speaks. . .

Capital Without Moral Cover?

Jason Jackson’s Traders, Speculators, and Captains of Industry argues that capitalist societies develop a moral hierarchy of market actors, enabling certain firms to position their interests as good for society and thus deserving of regulatory protection. Though focused on India, the book also invites reflection on the recent return of. . .

Moral Orders of Capitalist Legitimacy

In today’s seemingly deglobalizing economy, policymakers across the world are in a quandary over how to regulate foreign firms. Should policymakers prevent foreign firms from attaining dominant market positions in order to prop up domestic industry? Or should they permit foreign firms to establish ownership and control of domestic markets in the hope. . .

Regulating Hours, Dismantling Work

In recent decades, work hours have sharply diverged: high-wage workers are logging more time on the job, while low-wage workers face shrinking hours. Rather than trying to fix this imbalance by creating more work, policymakers should redistribute work through stronger overtime protections and a shorter workweek. Yet for this approach to succeed, highly paid. . .

Weekly Roundup: Feb 20

Victor Pickard on the American media polycrisis and Mariana Pargendler on Brazil’s forgotten legal innovation. Plus, a fellowship in constitutional law and history, a new report on workplace democracy, an interview with Ahilan Arulanantham on third-country removals, Ivana Isailović on the Serbian student protests, Ilias Alami, Tom Chodor, and Jack Taggart. . .