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LPE Blog

Weekly Roundup: July 19

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. . .

Who Says Evictions Should Be Efficient?

Eviction courts are ruthlessly efficient, with the average trial lasting less than two minutes. Yet this speed comes at the expense of tenants’ due process and other rights, while its benefits primarily accrue to landlords. When civil justice reform is taken up in the name of efficiency, eviction courts challenge us to ask: what, or whom, does efficiency. . .

Procedure, Inequality, and Access

Civil procedure is political economy all the way down. Helen Hershkoff, Luke Norris, and Judith Resnik kick off a symposium on the subject by describing the promise of procedure to further equal treatment and accountable decision-making, as well as how such aspirations are undercut by resource disparities and efforts to replace the use of courts with private. . .

Weekly Roundup: July 12

J. Benton Heath on boycotts and sanctions, Moira Birss on the home insurance crisis, Ivana Isailović on the political economy of abortion law in the EU, Elizabeth Sepper and Lindsay Wiley on religious liberty threats to the ACA, and Lenore Palladino on the rise of private financial markets. Plus, an upcoming LPE info session for students with Amy Kapczynski. . .

Private Financial Markets Are Eating the World

Over the past decade, private financial markets – the domain of venture capital, private equity, and private credit funds – have grown to the point where they now dominate financial activity. This shift has undermined the protections afforded by existing securities laws and, because pensions are one of the largest contributors to these private. . .

The Political Economy of Abortion Law in the EU

In the aftermath of Dobbs, EU institutions and leaders have started to mobilize to defend reproductive freedom. However, the EU’s current approach to abortion access – which regulates it through economic and human rights frameworks – not only contributes to a stratified system of care, but also risks privatizing and depoliticizing the. . .

The Insurance Industry Is Not the Victim

The rapidly worsening home insurance crisis is often understood as primarily a problem for insurers. Yet the overarching policy question should not be, “how do we save the home insurance industry from collapsing?” but rather, “what role should insurance markets play in the broader suite of policies to keep people safely housed?”

Meddling with International Relations

Boycotts and international sanctions both represent alternative means of lawmaking that challenge the liberal legal order. But while the disruptive potential of boycotts has largely been contained, international sanctions have evaded the constraints of international law. By looking to the social-movement roots of international sanctions, we might be able. . .

Weekly Roundup: June 29

Ntina Tzouvala on Genocide and Political Economy at the ICJ, Chloe Thurston and Emily Zackin on the long history of American debtor politics, and James Kilgore, Emmett Sanders, and Kate Weisburd on the many myths of electronic monitoring. Plus, Amy Kapczynski reviews Mehrsa Baradaran’s new book, Noah Zatz discusses the court order enjoining the UC. . .

Can Personal Debt Mobilize Voters?

While recent conventional wisdom has held that it is futile to organize voters around debt relief, a longer view reveals that there is nothing inevitable about the lack of debtor mobilization. Through the nineteenth and into the twentieth centuries, debtors repeatedly demanded protection in times of economic distress — a history that contains important lessons. . .

Weekly Roundup: June 21

Tal Rothstein on collective organizing at the law reviews, and Scott Cummings on the role of lawyers in democratic backsliding. Plus, upcoming LPE events on mobilizing against the courts and the political economy of genocide, a new open-access book on radically legal politics, a piece on the history of racist plunder through local tax codes, and a forum. . .

When Lawyers Attack the Rule of Law

While scholars have recently highlighted the role of law in democratic backsliding, they have largely ignored the actors who wield this tool: lawyers. Yet as the guardians of the legal legitimacy upon which autocratic legalism depends, the profession is a critical arena of democratic struggle that merits special attention.