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Symposium

Facing the Quasi-Sovereignty of Insurers

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Insurers are quasi-sovereign actors that can determine the price and terms of economic inclusion. State insurance commissioners have little leverage over insurers that threaten to withdraw coverage when faced with unfavorable regulations. The story of Prop 103 in California suggests that popular mobilization might serve as a counterweight to insurers’ power.. . .
Symposium

Securitizing the University

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At both the state and federal level, there are legislative efforts underway to depict students, faculty, and the university itself as potential enemies of the U.S. national security state that must be disciplined and controlled. If enacted, these laws will upend how universities function, who they welcome, and how they teach their students.
Weekly Roundup

Weekly Roundup: May 31

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William Boyd on our broken system of toxics regulation, and Zac Taylor on the limits of property insurance in Florida. Plus, a new paper by Sanjukta Paul on labor law and the firm, an interview with Mehrsa Baradaran about her new book, a policy report by Suzanne Kahn on investing in the care economy, and a review of Aziz Rana’s The Constitutional Bind. . .
Essay

How Environmental Law Created a World Awash in Toxic Chemicals

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Of the estimated 350,000 chemicals now on the global market, only a handful have been properly tested. And as the looming crises with forever chemicals and micro-plastics make clear, we are only just beginning to grasp the enormous toll that these novel entities are taking on human health. How did our environmental law allow this to happen? And what can. . .
Weekly Roundup

Weekly Roundup: May 24

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Kate Andrias on labor’s constitutional vision, Kate Yoon on the LPE of insurance, and Anthony O’Rourke, Guyora Binder, and Rick Su on municipal insurers as an obstacle to democratic control over policing. Plus, the next session of What To Do About Those Pesky Courts with Ryan Doerfler, Aslı Bâli talks international law and Israel-Palestine, Karen. . .
Essay

Labor’s Constitutional Vision in the Face of Capital’s Attack

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Presented with a conservative supermajority on the Supreme Court, corporations and right-wing trade associations have launched a series of constitutional challenges to worker rights. In response, workers are putting forward a fundamentally different vision for our economy and society — an alternative not only to business’s right-wing constitution but. . .
Weekly Roundup

Weekly Roundup: May 17

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Jeff Gordon clarifies the debate over derisking, while Davarian Baldwin examines how universities monetize their tax-exempt status. Plus, an upcoming session of our hit series What To Do About the Courts (with Ryan Doerfler), a new issue of the JLPE, Adam Gaffney on supply-side healthcare, Josh Eidelson on prison labor in Alabama, and Tim Barker on what. . .
Essay

Can Subsidies Discipline Capital?

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The Biden Administration’s recent foray into industrial policy relies heavily on voluntary inducements to push firms to invest in renewable energy technology and domestic manufacturing. Some observers argue that this approach, commonly known as “derisking,” will yield paltry results: firms will pursue the same priorities they would have. . .
Weekly Roundup

Weekly Roundup: May 10

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Jessica Whyte on the history of “economic peace” in Israel/Palestine, and a double dose of David Pozen: on the presidentialization of university governance, and on Aziz Rana’s The Constitutional Bind. Plus, Adam Tooze on endowments and divestment, Jonathan Masur and Eric Posner on the FTC’s noncompete ban, Aziz Rana on. . .
Symposium

Venerating Constitutional Veneration?

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Aziz Rana’s The Constitutional Bind provides a vital resource for appreciating how the American ideology of constitutional reverence was constructed. Yet insofar as Rana blames such an ideology for thwarting essential democratic reform, we might wonder whether this magisterial work ironically gives its subject too much credit — venerating the. . .
Symposium

Seeing the University More Clearly

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Crisis can be clarifying. Recent events on campuses across the country have forced many of us to look more closely at how our own universities work, including at the decades-long drift toward more powerful university presidents. Reversing this drift, and developing a more democratic model of internal governance, may be a prerequisite not only for rebuilding. . .

LPE Masthead

Managing Editor James Brandt Editoral Board Amna Akbar Corinne Blalock Veena Dubal Luke Herrine Amy Kapczynski Caroline Parker Aziz Rana Kate Redburn Karen Tani Noah Zatz Student Editors Liz Brown Chloe Miller Sohum Pal Elliot Setzer 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 Andrew Miller Roxana Moussavian Lydia Nicholson