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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?
Weekly Roundup

Weekly Roundup: September 12

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Jonathan Harris on how states are rewriting the rules on worker mobility, Kate Jackson on the rise of populism in corporate governance, and your final reminder to submit a proposal to the upcoming ALPE conference. Plus, Luke Herrine on the weaponization of the FTC, Kate Mackenzie and Tim Sahay on an uninsurable planet, Todd Tucker on public-minded state. . .
Essay

A Populist CEO in Corporate Law’s Court?

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Recent amendments to Delaware’s corporate code have tilted the playing field toward powerful tech CEOs and private equity representatives. Beneath these reforms lies a deeper political shift — the rise of populist corporate governance that threatens both shareholder rights and the rule of law.
Weekly Roundup

Weekly Roundup: September 5

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A Labor Day special: Michael Wishnie on faculty unions, and Eamon Coburn on reviving long-eroded social norms against union busting. Plus, upcoming deadlines for the ALPE conference and the Political Economy of Work Junior Scholar Workshop, a new syllabus from Sanjukta Paul, a thread of helpful student-focused LPE materials, an interview with Lev Menand on. . .
Essay

Why Not a Faculty Union?

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Despite a recent surge in campus organizing, tenured faculty at private universities haven’t unionized. Why is this? The conventional answer is that the Supreme Court said they can’t. Fortunately, the conventional answer is wrong.
Announcement

Gone Fishin’

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Before the Blog goes on our annual August hiatus, we offer a final plug for the upcoming ALPE conference, count down the ten most read posts of 2025 so far, say a fond farewell to our departing editorial board members and student editors, and welcome two new additions to the team.

LPE Masthead

Managing Editor James Brandt Editoral Board Zohra Ahmed Corinne Blalock Veena Dubal Luke Herrine Amy Kapczynski Aziz Rana Kate Redburn Ntina Tzouvala Lisa Washington Noah Zatz Student Editors Liz Brown Edie Conekin-Tooze Eve Zelickson
Student Editor Emeriti Sam Aber Ashraf Ahmed Will Bloom Adam H. Bradlow Matthew Buck Brett Davidson Isabel Echarte Tariq El-Gabalawy Berto Elysee Molly Gordon Jeff Gordon Ruthie Lazenby Talya Lockman-Fine Chloe Miller Andrew Miller Roxana Moussavian Lydia Nicholson Ure Obioma