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Symposium

Can DEI Workers Strike Back?

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Even as the Trump administration seeks to dismantle DEI in the name of “merit,” the law it distorts still harbors possibilities for resistance. Title VII prohibits retaliation against employees who oppose discrimination, and workers purged for their past DEI efforts should consider pursuing retaliation claims against their employers. Such lawsuits would. . .
Essay

The Rise of OIRA 2.0

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The Trump Administration’s use of individualized, firm-level waivers and exemptions marks a new frontier in presidential control of the administrative state. This strategy allows the administration to bypass the formal process for repealing regulations while turning deregulation itself into a tool for distributing political favors.
Weekly Roundup

Weekly Roundup: Oct 24

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James Tierney on Intel and American State Capitalism, David Abraham on Capitalism, Democracy, and Weimar Germany, and Rana Jaleel and Risa Lieberwitz on the weaponization of Title VI. Plus, Veena Dubal and Genevieve Lakier on why universities should reject Trump’s Compact, Oren Bracha on IP Law and the shortcomings of originalism and textualism, Chris. . .
Essay

Intel and the New State Capitalism

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While some have cast the U.S. government’s $8.9 billion equity stake in Intel as the first step on the road to socialism, upon closer examination it looks more like a distinctive form of American state capitalism: one that entrenches corporate power while foreclosing more democratic and effective alternatives.
Weekly Roundup

Weekly Roundup: Oct 17

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Marshall Steinbaum on anti-monopolism as an ideology of the left, and Amna Akbar, Sameer Ashar, and Jocelyn Simonson on movement law under fascism. Plus, Dave Pozen and Jed Purdy examine three competing narratives of the Trump Administration, Amanda Shanor & Serena Mayeri explain why universities should reject the Compact for Higher Education, California. . .
Weekly Roundup

Weekly Roundup: Oct 10

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Luke Herrine on neoliberalism and authoritarianism in higher ed, Beau Baumann on losing and regaining administrative legitimacy, and Matthew Dimick on the dreaded double distortion argument against predistribution. Plus, higher ed “compact” reflections from Joey Fishkin, Genevieve Lakier, and Henry Farrell, an upcoming event on tenant unions, a. . .
Essay

Predistribution and the Law and Economics of Income Inequality

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Law and Economics scholars argue that if income redistribution is to happen at all, it should occur exclusively through the tax system, rather than through supposedly less efficient methods, such as the minimum wage, collective bargaining, or housing regulation. Yet even by their own lights, these arguments fail: in many cases, predistributive policies are. . .
Weekly Roundup

Weekly Roundup: Oct 3

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Steffen Seitz on conspiracy law and social movements, Darryl Li on the weaponization of campus antisemitism investigations, and Erik Peinert on the staying power of the antimonopoly movement. Plus, two upcoming events in NYC, a cool internship with the movement law lab, a Big Law organizing guide, and new items from Luke Herrine, Lily Hu, Adam Przeworski, and. . .
Essay

The Staying Power of the Antimonopoly Movement

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In the United States and elsewhere, the forces of monopoly, antitrust, and corporate power tend to follow a certain historical pattern, with long-term swings between strong anti-monopoly policies and pro-business policies. To anticipate the future of anti-monopoly politics, we need to understand the dynamic forces that drive these recurring large-scale shifts. . .
Essay

How Conspiracy Law Threatens Social Movements

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Following the assassination of Charlie Kirk, President Trump and his allies have repeatedly threatened to use conspiracy laws against liberal groups, protesters, and political opponents. These threats reflect a troubling trend: prosecutors are exploiting the vague and expansive nature of conspiracy charges to attack the very relationships and forms of. . .
Weekly Roundup

Weekly Roundup: September 26

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Genevieve Lakier on weaponizing antidiscrimination law, Sanjukta Paul on laws and markets, and Ally Coll and Justin Gravlee on NIH v. APHA. Plus, an incredible online conference on Capitalism and Socialism (happening today!), a cool new book by Jamila Michener and Mallory E. SoRelle, and new pieces by Erik Baker, Olúfẹ́mi O. Táíwò, and Jamelle Bouie.. . .

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