Traditional interpretations of the Genocide Convention construe the crime of genocide in notoriously limited terms. By contrast, South Africa’s genocide case against Israel at the ICJ represents an effort to construct a historically-grounded and political economy-informed understanding of genocidal violence.
Tal Rothstein on collective organizing at the law reviews, and Scott Cummings on the role of lawyers in democratic backsliding. Plus, a new open-access book on radically legal politics, a piece on the history of racist plunder through local tax codes, and a forum on dethroning fossil capital.
While scholars have recently highlighted the role of law in democratic backsliding, they have largely ignored the actors who wield this tool: lawyers. Yet as the guardians of the legal legitimacy upon which autocratic legalism depends, the profession is a critical arena of democratic struggle that merits special attention.
The uncompensated work that law students perform to run the field’s journals is best understood as part of an economy of prestige: an opportunity to burnish one’s resume in hopes of landing a lucrative or high-status job after graduation. Among other problems with this arrangement, it leaves American legal scholarship vulnerable to repression. Recently,. . .
Ethan Ris on why you should ignore the Ivy League, Greta Krippner on the puzzling persistence of gender discrimination in insurance markets, and Grace Li on the role of associative life in prisons. Plus, the final session in our series on What To Do About the Courts, a cool job at the Roosevelt Institute, a new series on Twail and economic sanctions, a. . .
Formal and informal associations in prisons are vital providers of food, financial support, physical security, education, news, legal representation, and more. The volume and scope of associations in prisons lay bare the diversity and extremity of needs that the state fails to meet, while also suggesting shortcomings with a patchwork approach by civil society. . .
Even though gender classifications have been eliminated from most market domains, they stubbornly persist in the insurance context. To understand this puzzling persistence, we must examine the traditions of mutualism that have shaped insurance as a social institution, and how these traditions embed gender in the tools used to price risk.
Despite the outsized attention they receive, “Ivy Plus” schools are ultimately a footnote in the larger story of higher education. The American system, while stratified, developed in such a way that stratification does not forestall opportunity. To understand this situation, we need to look back at a (failed) crusade to restrict access to college.
Maryam Jamshidi on the securitization of the university, and Sarena Martinez on the quasi-sovereign power of insurers. Plus, a handful of must-attend LSA panels and events (including our happy hour!), a new report by Sabeel Rahman on State Capacity, Tim Wu and Lev Menand on the FTC’s non-compete ban, the first LPE NYC happy hour of the summer, an. . .
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.. . .
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.
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. . .
In Florida, insurers increasingly rely on external capital to prepare for the possibility of high loss climate events. Sophisticated financial tools such as insurance-linked securities provide a temporary solution to growing climate risk in coastal regions, but in the long run, they do not address the fundamental causes of the insurability crisis.
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. . .
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. . .
