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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.
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. . .
Symposium

The Rising Threat of Antisemitism Investigations

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In the fall of 2023, the Department of Education launched more antisemitism investigations into colleges and universities than in all previous years combined. This record was surpassed in 2024 and is on track to be broken again in 2025. While the Biden administration wielded these investigations as a cudgel to crush student-led protests in support of. . .
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.. . .
Essay

NIH v. APHA and the Inequities of Two-Track Justice

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The Supreme Court’s NIH v. APHA decision creates a harmful “two-track” litigation process, forcing plaintiffs to file duplicative lawsuits in different courts to obtain relief. Echoing the Pennhurst ruling of 50 years ago, the Court’s procedural maneuvering threatens to obstruct justice for those challenging discriminatory government actions.
Symposium

The Laws of the Market: A Response to Winant

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Antitrust law is important not only for its potential in reforming our current economic system, but also analytically, because of law’s irreducible role in structuring economic competition and coordination. Contra any picture of markets operating via quasi-automatic mechanisms, the organization and operations of any market are as much a product of contingent. . .
Symposium

Title VI Turned Upside Down

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Title VI of the Civil Rights Act of 1964 was a crowning achievement of the Civil Rights Movement. Today, however, it has become one of the most powerful forces against desegregation. How did this vertigo-inducing inversion come about? And how might we prevent similar civil rights perversions in the future?
Weekly Roundup

Weekly Roundup: September 19

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Gabe Winant on Marxism and Antitrust, Andrew Bilodeau on labor unions for incarcerated workers, and a collection of some of favorite posts on LPE & Criminal Law. Plus, an upcoming event on antitrust law and oligarchy, a new book by Aziza Ahmed, a new issue of the Journal of Law and Political Economy, and the best new essays from around the web, including. . .
Symposium

From the Vault: LPE & Criminal Law

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We reach into the vault and highlight some of our favorite posts on the entanglements between criminal law, political economy, and social inequality. Featuring Angela Harris, Noah Zatz, Jocelyn Simonson, Joanna Schwartz, Anthony O’Rourke, Guyora Binder, Rick Su, Zohra Ahmed, Dorothy Roberts, Judah Schept, Andrew Crespo, and Amna Akbar.
Symposium

Marxism and Antitrust: A Provocation

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How should we understand the relationship between Marxism and antitrust? To what extent do these traditions involve conflicting methods and assumptions? And, despite their differences, can we imagine a constructive give and take, where the two intellectual programs nonetheless align into a useful division of labor?

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