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Symposium

Making Families Great Again

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In the resurgence of family fortunes in recent decades, regressive tax cuts tell only half the story. Just as important were trust law reforms that helped family dynasts protect their new gains in ways previously thought impossible.
Weekly Roundup

Weekly Roundup: September 13

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Quinn Slobodian on Melinda Cooper’s Counterrevolution, Shaina Potts on the concept of Judicial Territory, and Christopher Ali on the looming threat of Private Equity to affordable broadband. Plus, a new LPE book series, a new issue of the JLPE, a new book by Lenore Palladino, upcoming events on The Constitutional Bind, public pharma. . .
Essay

Transnational Law as a Battle of Position

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American courts exercise authority beyond U.S. borders, including over foreign governments, all the time. To most observers, this is simply a consequence of increasing economic globalization and legal modernization, which untethered jurisdiction from territory. But this is a mistake. Law has not become divorced from territory but instead actively remapped it;. . .
Weekly Roundup

Weekly Roundup: September 6

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Melinda Cooper on the rise of neoliberal finance, Darren Bush, Mark Glick, and Gabriel Lozada on the blight that Law & Economics has visited upon our society, and a new series highlighting some of our favorite posts from the archive. Plus, upcoming events with Talha Syed on antitrust and Aziz Rana on The Constitutional Bind, as well as new. . .
Symposium

From the Vault: LPE & Antitrust

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To kick off a new series – From the Vault – we dip into the archive and highlight some of our favorite posts on antitrust. Featuring classics by Sanjukta Paul, Sandeep Vaheesan, Marshall Steinbaum, Brian Callaci, and John Mark Newman.
Symposium

The Rise of Neoliberal Public Finance

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How did the American state come to be so extravagant in its recourse to public debt issuance, yet so selectively austere in its public spending choices? To answer this question, we need to understand how two rival schools of thought — Virginia school public choice and supply side economics — converged around the imperative to rein in the redistributive uses. . .
Essay

Gone Fishin’

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Before the Blog goes on our August hiatus, we say a fond farewell to our departing student editors and welcome a fresh batch of starship troopers. Plus, to tide you over until September, we count down the top ten most read posts of 2024.
Essay

Genocide Trade-offs

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While governments in both the west and global south have become increasingly critical of Israel’s ongoing genocide in Gaza, these states have nearly all maintained normal trade relations with Israel. How should we understand this mismatch between political rhetoric and economic policy? And where might we look for signs of more material anti-imperial responses. . .
Essay

Why Has the Rule of Law Become So Fragile?

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The rule of law is inherently fragile, as law’s legitimacy ultimately depends on politics. Yet as demonstrated by the successful referendum in Berlin to expropriate more than 250,000 apartments from corporate landlords, this very dependence can empower democratic mobilization and redirect the conservative nature of the law towards a progressive future.. . .
Symposium

The Judiciary, Self-Governance, and the Rule of Law

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Earlier this year, in an effort to limit judge-shopping, the Judicial Conference adopted a policy requiring judges to be assigned through a district-wide random selection process. The rejection of this policy by judges in the Northern District of Texas is one sign among many that the judiciary is unfit to regulate itself.
Weekly Roundup

Weekly Roundup: July 19

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Shahd Hammouri on the state duty not to facilitate the transit of weapons to Israel, Helen Hershkoff, Luke Norris, and Judith Resnik on LPE & Civil Procedure, and Kathryn Sabbeth on the one-sided concern for efficiency in eviction court. Plus, an upcoming student info session with Amy Kapczynski and Corinne Blalock on everything you always wanted to. . .