Skip to content

LPE Blog

From the Vault: LPE & Antitrust

To kick off a new series – From the Vault – we dip into the archive and highlight some of our favorite posts on antitrust. Featuring classics by Sanjukta Paul, Sandeep Vaheesan, Marshall Steinbaum, Brian Callaci, and John Mark Newman.

Gone Fishin’

Before the Blog goes on our August hiatus, we say a fond farewell to our departing student editors and welcome a fresh batch of starship troopers. Plus, to tide you over until September, we count down the top ten most read posts of 2024.

Genocide Trade-offs

While governments in both the west and global south have become increasingly critical of Israel’s ongoing genocide in Gaza, these states have nearly all maintained normal trade relations with Israel. How should we understand this mismatch between political rhetoric and economic policy? And where might we look for signs of more material anti-imperial responses. . .

Why Has the Rule of Law Become So Fragile?

The rule of law is inherently fragile, as law’s legitimacy ultimately depends on politics. Yet as demonstrated by the successful referendum in Berlin to expropriate more than 250,000 apartments from corporate landlords, this very dependence can empower democratic mobilization and redirect the conservative nature of the law towards a progressive future.. . .

The Judiciary, Self-Governance, and the Rule of Law

Earlier this year, in an effort to limit judge-shopping, the Judicial Conference adopted a policy requiring judges to be assigned through a district-wide random selection process. The rejection of this policy by judges in the Northern District of Texas is one sign among many that the judiciary is unfit to regulate itself.

Weekly Roundup: July 19

Shahd Hammouri on the state duty not to facilitate the transit of weapons to Israel, Helen Hershkoff, Luke Norris, and Judith Resnik on LPE & Civil Procedure, and Kathryn Sabbeth on the one-sided concern for efficiency in eviction court. Plus, an upcoming student info session with Amy Kapczynski and Corinne Blalock on everything you always wanted to. . .

Who Says Evictions Should Be Efficient?

Eviction courts are ruthlessly efficient, with the average trial lasting less than two minutes. Yet this speed comes at the expense of tenants’ due process and other rights, while its benefits primarily accrue to landlords. When civil justice reform is taken up in the name of efficiency, eviction courts challenge us to ask: what, or whom, does efficiency. . .

Procedure, Inequality, and Access

Civil procedure is political economy all the way down. Helen Hershkoff, Luke Norris, and Judith Resnik kick off a symposium on the subject by describing the promise of procedure to further equal treatment and accountable decision-making, as well as how such aspirations are undercut by resource disparities and efforts to replace the use of courts with private. . .

Weekly Roundup: July 12

J. Benton Heath on boycotts and sanctions, Moira Birss on the home insurance crisis, Ivana Isailović on the political economy of abortion law in the EU, Elizabeth Sepper and Lindsay Wiley on religious liberty threats to the ACA, and Lenore Palladino on the rise of private financial markets. Plus, an upcoming LPE info session for students with Amy Kapczynski. . .

Private Financial Markets Are Eating the World

Over the past decade, private financial markets – the domain of venture capital, private equity, and private credit funds – have grown to the point where they now dominate financial activity. This shift has undermined the protections afforded by existing securities laws and, because pensions are one of the largest contributors to these private. . .

The Political Economy of Abortion Law in the EU

In the aftermath of Dobbs, EU institutions and leaders have started to mobilize to defend reproductive freedom. However, the EU’s current approach to abortion access – which regulates it through economic and human rights frameworks – not only contributes to a stratified system of care, but also risks privatizing and depoliticizing the. . .