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LPE Originals

How Bankruptcy Prioritizes Property Rights Over Public Good

After a recent First Circuit decision, private creditors’ bankruptcy rights pose an existential threat to the only electric utility in Puerto Rico. As this outcome shows, we need a new approach to balancing the interests at stake in bankruptcy proceedings — one that protects private property, but not at the expense of undermining major public goods.

LPE Originals

Is Anyone Afraid of Breaking The Price-Fixing Laws Anymore?

The DOJ’s price-fixing suit against RealPage, which has uncovered brazen collusion among competing landlords across the United States, is a welcome departure from decades of hands-off antitrust enforcement. Yet with prices going up in industry after industry, and so few price-fixing cases brought in recent years, it appears many businesses have determined that the risk of collusion is worth the reward.

LPE Originals

How Should Democrats Respond to the “Migrant Crisis”?

In the wake of their recent defeat, Democrats’ natural tendency will be to concede the issue of immigration to Republicans and embrace cruelty-lite versions of their opponents’ positions — a strategy that is bound to fail. Instead, Democrats need to offer their own agenda for immigration and internal migration. To do so, they should look to institutional experiments from a forgotten past.

LPE Originals

The Political Economy of the Urban-Rural Divide

Though the urban-rural divide can sometimes appear like a primordial fault line in American political life, it is a relatively recent development. The Democratic Party’s collapse in the countryside was the predictable consequence of decisions to prioritize certain constituencies to the neglect of others, as it championed the shift to the metropolitan knowledge economy.

LPE Originals

The Machiavellis of the Market: Entrepreneurs Against Democracy

With Elon Musk plowing his wealth into a pro-Trump super PAC and Jeff Bezos blocking the Washington Post’s endorsement of Harris, it’s easy to overlook the more direct anti-democratic power of the entrepreneurial elite. Their economic power — the ability to shape the future of our society in utterly unaccountable ways — requires no insidious corruption of democratic procedures or public officials. The entrepreneur rules us without ruling through politics.

LPE Originals

Have You Heard the Good News About Consumer Protection?

Recent years have witnessed a sea change in consumer protection, ushered in by a new generation of enforcers who reject many of the basic premises from the neoliberal era. They aim not merely to ensure that consumers have the information necessary to discipline firms through choice, but to prevent businesses from using their power to shape markets in ways that take advantage of consumers.

LPE Originals

On Fascism: An Afrikan Perspective

While current analyses of fascism tend to focus on interwar Europe, for George Jackson and other political prisoners, fascism represented the general tendency of the capitalist class to destroy revolutionary consciousness wherever it threatened the established economic order. On this view, rather than being a twentieth-century ideology, fascism was already present in the practices of colonialism and enslavement.

LPE Originals

Octavia Butler and Afrofuturist Legal Critique

Butler’s speculative fiction uses the freedom dreams of Black Americans to show how the structure of a political economy not only reflects but also shapes legal concepts. By challenging the perceived permanence of existing power structures, Afrofuturism creates space for envisioning new, emancipatory futures.

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All Power To The Tenants

Tracy Rosenthal and Leonardo Vilchis’ new book, Abolish Rent: How Tenants Can End the Housing Crisis, is both a polemic and a guide. Drawing on their experiences organizing with the Los Angeles Tenants Union, Rosenthal and Vilchis envision a world where tenants control housing – a liberatory horizon that legal scholars, lawyers, and law students alike have a clear role to play in reaching.

LPE Originals

Decolonizing Sanctions

Recent calls for the use of boycotts, divestment, and economic sanctions against Israel may seem to stand in tension with another position widely held on the left: the condemnation of economic sanctions as neo-imperial warfare. However, we can resolve this tension by recovering a central insight from the period of anticolonial lawmaking.

LPE Originals

The Promise of America’s Forgotten Labor Law

Given threats to the current system of labor rights protection — as well as unions’ increasing willingness to take an active role in addressing controversial political issues — the often overlooked Norris-LaGuardia Act is primed to take on new relevance in coming years.