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LPE Blog

The Other Environmental Law: Climate Law’s Police Phase

The adoption of fossil fuels to power the world economy has depended upon a fossil law that arranges a particular type of market and enforces a particular balance of power. One understudied, but central, aspect of this process is the use of state and corporate violence to compel the extraction and consumption of oil, gas, and coal.

Weekly Roundup: June 10, 2022

Why tribal lands aren’t a feasible safe haven from state abortion laws, why international economic law must reinvent itself as an enabler of non-market societal values, and why no one Court should have all that power. Plus, a CFP and online discussion you won’t want to miss!

Embedding Societal Values in International Law

The existing system of international economic law is under great strain. This post offers a reading of the problem and proposes alternative directions for the future. In brief, the system has evolved from what John Ruggie called “embedded liberalism” to what David M. Trubek and I describe as “embedded neoliberalism.” The past couple of decades have. . .

fat capitalist cartoon

Weekly Roundup: June 3, 2022

Housing justice as a crucial predicate for the long-term success of social housing, the importance of tenant unions as a form of countervailing power, a CFP for ClassCrits XIII, and a virtual panel on power and justice in global value chains.

Taking Democracy Seriously in the Administrative State

In a society as deeply divided as our own, it is fanciful to think that we will be able to deliberate our way to a consensus. To resolve the longstanding puzzle of the administrative state’s democratic legitimacy, we need to resist the neoliberal impulse to erase politics and, instead, design opportunities for genuine contestation.