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Essay

The American Media Polycrisis: Cascading Layers of Capture

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In countries facing democratic backsliding, attention often centers on state capture of the press. Recent U.S. media failures, however, demand a wider lens. Authoritarian encroachment here rests on deeper layers of capitalist and oligarchic capture. Understanding how these different layers interact and reinforce one another is a necessary first step toward. . .
Weekly Roundup

Weekly Roundup: Feb 13

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Vincent Joralemon on the flawed legal architecture behind drug pricing, Eamon Coburn on the anti-worker character of “no taxes on overtime,” and Emmanuel Mauleón on the gradual erosion of law preceding recent events in Minnesota. Plus, a cool new paper from Laura Portuondo, Amna Akbar on what’s happening in South Minneapolis, JW Mason. . .
Essay

Whistling at the Edge of Law

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The whistle is sounding in Minneapolis. The question before the legal profession is whether we will hear it, amplify it, and act accordingly, or instead insist that the ground eroding beneath our feet is temporary and manageable.
Essay

What is the Point of Overtime Laws?

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When Congress eliminated taxes on overtime last summer, it framed the move as a win for workers. However, by encouraging people to spend more time on the job, the policy runs directly counter to the original purpose of overtime laws: to protect workers’ personal time and give them greater control over their lives. A better agenda would involve shortening the. . .
Essay

Martin Shkreli Had a Point

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A decade ago, Martin Shkreli became the most hated man in America by raising the price of Daraprim – an antiparasitic essential for immunocompromised patients – from $17.50 to $750 per pill. Though Shkreli’s conduct was lambasted in the court of public opinion, the legal framework that allowed this 4,000 percent increase remains in place. And Daraprim?. . .
Weekly Roundup

Weekly Roundup: Feb 6

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Patrick Driessen on Big Pharma’s exit strategy, and Serena Mayeri on her recent history of marital privilege. Plus, Jake Grumbach and Adam Bonica on the scourge of moderation, JS Tan and Kathleen Thelen on cloud capitalism, Jessica Shoemaker & James Fallows Tierney on Wall Street’s arrival at rural America’s gate, and the third installment of. . .
Essay

Writing a History of Marital Privilege in an Age of Retrenchment

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As the government seeks to erase the past injustices and achievements of marginalized groups, it is worth recalling how those gains were made. Parents, partners, students, and lawyers pursued a more just future at significant personal and institutional risk. Their courage offers a lesson for the present. At stake is whether this moment marks a temporary break. . .
Essay

Big Pharma’s Get-Out-of-U.S.-Tax-Free Card

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While many industries excel at not paying U.S. corporate taxes, the pharmaceutical industry takes the cake – despite $400 billion in prescription drug sales in 2022, Big Pharma claimed to have close to zero taxable income. One of their principal methods for maintaining this charade is the constant threat of exit, moving their headquarters abroad to. . .
Weekly Roundup

Weekly Roundup: Jan 30

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Edie Conekin-Tooze on hidden foster care as neoliberal family governance, an open letter from seventy-two UMN law faculty, and Luke Farrell on the means-testing industrial complex. Plus, Aslı Bâli and Aziz Rana on the roots of the Trump Doctrine, Sandeep Vaheesan and Brian Callaci on building democratic state capacity, Luke Herrine on the institutional foundations. . .
Essay

The Means-Testing Industrial Complex

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As Republicans tightened work requirements and eligibility rules for Medicaid and SNAP last year, Equifax’s CEO openly celebrated the profits to be made from administering this deprivation. Means-testing and administrative complexity have turned America’s safety net into a lucrative revenue stream for monopolistic private contractors, underscoring the. . .
Weekly Roundup

Weekly Roundup: Jan 23

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Nathan Yaffe on the immigration agencies openly defying federal courts, and Sabeel Rahman and Jocelyn Simonson on the Part IV problem in legal scholarship. Plus, Michael Macher traces the bipartisan origins of Trump’s immigration crackdown; Eric Blanc, Claire Sandberg, and Wes McEnany advocate targeting ICE’s corporate collaborators; David Austin. . .

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