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Symposium

Marx, Antitrust, and the Logic of Capital

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Antitrust may promise to tame corporate power, but it leaves untouched the deeper logic of capitalism that compels production for profit’s sake. In this sense, antitrust is not voluntarist enough, choosing to fight capital with one hand tied behind its back. At the same time, however, antitrust places too much faith in law as a source of normative authority. . .
Weekly Roundup

Weekly Roundup: Oct 31

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James Goodwin on the rise of OIRA 2.0, Noah Zatz and Jerry Kang on retaliation lawsuits against DEI purges, and Veryl Pow and Mohini Mookim on prefigurative lawyering. Plus, registration and membership for the Association of Law and Political Economy, Lina Khan’s new substack, a new Roosevelt Report on effective governance, a measure of comeuppance for. . .
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. . .
Essay

Movement Law Under Fascism

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As fascist tendencies intensify across the United States, social movements continue to organize against the forces of state repression. Legal scholars must stand with these movements, grounding our analysis in struggle and supporting those fighting on the frontlines with our relative social power and institutional resources.
Essay

Anti-Monopolism as an Ideology of the Left

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Some on the left dismiss anti-monopolism as a distraction from the core conflict between labor and capital. But this view misunderstands both history and strategy: antitrust has long been a tool for democratizing economic power, and it remains essential for resisting attempts to control economic production wherever and whenever it occurs.
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. . .
Essay

Rebuilding State Authority In A Post-Trump America

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In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is seen as legitimate, and it is precisely the erosion of legitimacy in the eyes of the public that has enabled Trump to carry out his deconstructive agenda.

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