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Essay

The New Carceral Public Health Law

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According to recent judicial decisions, the state can criminalize homelessness, ban abortion, and restrict gender-affirming care, all in the name of public health, yet it cannot mandate vaccines nor pause evictions. How should we understand this asymmetry, and how might we realign public health jurisprudence with the pursuit of equality?
Essay

How to Use Endowments to Protect University Missions

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If endowments are fundamentally creatures of restriction, they are also in smaller measure creatures of interpretation and discretion. Universities should use what flexibility they do have to stand up for their programs, employees, and students – for the core constituents in a mission-driven environment – in this time of unprecedented assault.
Weekly Roundup

Weekly Roundup: Feb 28

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Six former members of the Biden Administration on a more progressive future, along with a collection of our most illuminating posts on administrative law and democratic governance. Plus, a call for recently accepted LPE-relevant articles, an upcoming event on Organizing Red States, a lecture by Sanjukta Paul on Economic Coordination and Competition in. . .
Weekly Roundup

Weekly Roundup: Feb 21

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Jedediah Britton-Purdy on the rule of law and the political economy of the current constitutional crisis, and Martin Sybblis on how offshore financial law promotes post-colonial freedom. Plus, a Save the Date for the Inaugural Law and Political Economy Association Conference, a major policy report calling on states to prohibit surveillance wages and prices,. . .
Symposium

Offshore Financial Law as Freedom-Promoting?

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In mainstream American discourse, offshore financial centers are generally regarded as transnational dens of iniquity, where wealthy individuals conceal their assets and attempt to evade taxation. Yet in some post-colonial jurisdictions, offshore financial law has also played an important role in promoting economic independence.
Essay

The Political Economy of the Current Crisis

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The current constitutional crisis offers a new picture of what legitimate government looks like: rule by the boss, where professional civil servants become at-will employees, the threat of prosecution is just another bargaining chip, and statutory, constitutional, and ethical restraints are treated as tokens in a sucker’s game.