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LPE Originals

Market Governance in Trumpworld

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Over the past year, the much-touted right-wing embrace of anti-monopolism has been reduced to a distant memory. What has emerged instead is a personalist form of market governance, where regulatory authority persists only insofar as it serves the ambitions of political insiders.
LPE Originals

Regulating Hours, Dismantling Work

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In recent decades, work hours have sharply diverged: high-wage workers are logging more time on the job, while low-wage workers face shrinking hours. Rather than trying to fix this imbalance by creating more work, policymakers should redistribute work through stronger overtime protections and a shorter workweek. Yet for this approach to succeed, highly paid white-collar workers will have to confront their own attachment to a work-based social order.
LPE Originals

When Workers Pierce the Corporate Veil: Brazil’s Forgotten Innovation

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In the early 20th century, foreign companies operating in Brazil would extract profits while using thinly capitalized subsidiaries to directly employ their workers. When things went wrong, workers were left with worthless claims while capital remained safely sheltered in the foreign-located parent companies. To address this issue, in 1937 Brazil adopted a novel legal innovation: imposing joint and several liability on parent companies for labor obligations. Recovering this history reveals that legal innovation often flows from the Global South, that limited liability is neither natural nor universal, and that seemingly technical corporate law doctrines are deeply entangled with questions of distribution, power, and sovereignty.
LPE Originals

The American Media Polycrisis: Cascading Layers of Capture

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In countries facing democratic backsliding, attention often centers on state capture of the press. Recent U.S. media failures, however, demand a wider lens. Authoritarian encroachment here rests on deeper layers of capitalist and oligarchic capture. Understanding how these different layers interact and reinforce one another is a necessary first step toward building a more democratic media system.
LPE Originals

Whistling at the Edge of Law

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The whistle is sounding in Minneapolis. The question before the legal profession is whether we will hear it, amplify it, and act accordingly, or instead insist that the ground eroding beneath our feet is temporary and manageable.
LPE Originals

What is the Point of Overtime Laws?

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When Congress eliminated taxes on overtime last summer, it framed the move as a win for workers. However, by encouraging people to spend more time on the job, the policy runs directly counter to the original purpose of overtime laws: to protect workers’ personal time and give them greater control over their lives. A better agenda would involve shortening the workweek, increasing the overtime premium, and banning mandatory overtime.
LPE Originals

Martin Shkreli Had a Point

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A decade ago, Martin Shkreli became the most hated man in America by raising the price of Daraprim – an antiparasitic essential for immunocompromised patients – from $17.50 to $750 per pill. Though Shkreli’s conduct was lambasted in the court of public opinion, the legal framework that allowed this 4,000 percent increase remains in place. And Daraprim? It still costs $750 a pill.
LPE Originals

Writing a History of Marital Privilege in an Age of Retrenchment

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As the government seeks to erase the past injustices and achievements of marginalized groups, it is worth recalling how those gains were made. Parents, partners, students, and lawyers pursued a more just future at significant personal and institutional risk. Their courage offers a lesson for the present. At stake is whether this moment marks a temporary break in the long arc toward justice, or the beginning of a far grimmer chapter.
LPE Originals

Big Pharma’s Get-Out-of-U.S.-Tax-Free Card

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While many industries excel at not paying U.S. corporate taxes, the pharmaceutical industry takes the cake – despite $400 billion in prescription drug sales in 2022, Big Pharma claimed to have close to zero taxable income. One of their principal methods for maintaining this charade is the constant threat of exit, moving their headquarters abroad to avoid U.S. taxes altogether. In order to collect more much needed tax revenue from corporations, policymakers must first constrain Big Pharma’s ability to simply abandon ship.
LPE Originals

The Means-Testing Industrial Complex

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As Republicans tightened work requirements and eligibility rules for Medicaid and SNAP last year, Equifax’s CEO openly celebrated the profits to be made from administering this deprivation. Means-testing and administrative complexity have turned America’s safety net into a lucrative revenue stream for monopolistic private contractors, underscoring the need for public data infrastructure and simpler eligibility rules.
LPE Originals

Beyond Feasibility in Legal Scholarship

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Law review articles are expected to conclude with a short section, often “Part IV,” that translates analysis into actionable prescriptions. Though well-intentioned, this convention constrains ambition, sidelines critique, and conflates near-term feasibility with rigor. In a moment of institutional unraveling and authoritarian threat, legal scholars and law review editors should resist the Part IV reflex and make space for bolder analyses, longer horizons, and more collective ways of imagining change.
LPE Originals

Immigration Agencies Are Openly Defying Federal Courts

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Federal courts have overwhelmingly rejected the Trump Administration’s radical expansion of mandatory detention. Despite this, ICE continues to arrest and detain tens of thousands of people each month, effectively nullifying judicial oversight through sheer scale.