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When Workers Pierce the Corporate Veil: Brazil’s Forgotten Innovation
When Workers Pierce the Corporate Veil: Brazil’s Forgotten Innovation

When Workers Pierce the Corporate Veil: Brazil’s Forgotten Innovation

In the early 20th century, foreign companies operating in Brazil would extract profits while using thinly capitalized subsidiaries to directly employ their workers. When things went wrong, workers were left with worthless claims while capital remained safely sheltered in the foreign-located parent companies. To address this issue, in 1937 Brazil adopted a novel legal innovation: imposing joint and several liability on parent companies for labor obligations. Recovering this history reveals that legal innovation often flows from the Global South, that limited liability is neither natural nor universal, and that seemingly technical corporate law doctrines are deeply entangled with questions of distribution, power, and sovereignty.

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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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The American Media Polycrisis: Cascading Layers of Capture

In countries facing democratic backsliding, attention often centers on state capture of the press. Recent U.S. media failures, however, demand a wider lens. Authoritarian encroachment here rests on deeper layers of capitalist and oligarchic capture. Understanding how these different layers interact and reinforce one another is a necessary first step toward. . .

Weekly Roundup: Feb 13

Vincent Joralemon on the flawed legal architecture behind drug pricing, Eamon Coburn on the anti-worker character of “no taxes on overtime,” and Emmanuel Mauleón on the gradual erosion of law preceding recent events in Minnesota. Plus, a cool new paper from Laura Portuondo, Amna Akbar on what’s happening in South Minneapolis, JW Mason. . .

What is the Point of Overtime Laws?

When Congress eliminated taxes on overtime last summer, it framed the move as a win for workers. However, by encouraging people to spend more time on the job, the policy runs directly counter to the original purpose of overtime laws: to protect workers’ personal time and give them greater control over their lives. A better agenda would involve shortening the. . .

Martin Shkreli Had a Point

A decade ago, Martin Shkreli became the most hated man in America by raising the price of Daraprim – an antiparasitic essential for immunocompromised patients – from $17.50 to $750 per pill. Though Shkreli’s conduct was lambasted in the court of public opinion, the legal framework that allowed this 4,000 percent increase remains in place. And Daraprim?. . .

Weekly Roundup: Feb 6

Patrick Driessen on Big Pharma’s exit strategy, and Serena Mayeri on her recent history of marital privilege. Plus, Jake Grumbach and Adam Bonica on the scourge of moderation, JS Tan and Kathleen Thelen on cloud capitalism, Jessica Shoemaker & James Fallows Tierney on Wall Street’s arrival at rural America’s gate, and the third installment of. . .

Writing a History of Marital Privilege in an Age of Retrenchment

As the government seeks to erase the past injustices and achievements of marginalized groups, it is worth recalling how those gains were made. Parents, partners, students, and lawyers pursued a more just future at significant personal and institutional risk. Their courage offers a lesson for the present. At stake is whether this moment marks a temporary break. . .