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LPE Originals

Doing Applied Administrative Law

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Administrative law is often described as “transsubstantive”: in understanding, evaluating, and articulating the rules governing federal agency action across public health, environmental regulation, national security, and sundry other domains, law schools and legal scholarship treat administration as a single enterprise. What would it take to move beyond transsubstantivity and make administrative law more attentive to context? A recent project on drug scheduling offers some insights.
LPE Originals

American Kafala

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When seen through the prism of the kafala system, it appears that the Trump administration seeks to consolidate and formalize the most extractive features of the U.S. migration regime.
LPE Originals

Cradle to the Grave

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As Sam Moyn has recently argued, “class reductionism” fails to explain differentiation along the generational gradient — a pattern clearly visible in economics, politics, and ideology. Yet a clear picture of how age mediates class would reveal not gerontocracy, but capitalism and the fractionated class system it produces.
LPE Originals

Theorizing Discrimination for the Bad Jobs Economy

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Employment discrimination law is primarily concerned with exclusion from good jobs. Yet this leaves unaddressed a corresponding problem: employers seeking out marginalized workers in order to reduce worker pay, degrade working conditions, and minimize the chance of unionization.
LPE Originals

Property, Sabotage, and the Origins of Anti-Left Repression

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Between 1917 and 1921, twenty-one states passed criminal syndicalism laws. These laws, which were intended to help eliminate the Industrial Workers of the World, have largely faded from public memory. Looking back, however, we can see a formula for anti-left repression that has proven durable and widely appealing: the limitation of political speech and organizing in the name of property protection.
LPE Originals

Against Legislative Primacy

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On this blog and elsewhere, Congress has recently been cast as a cure for our decrepit democracy. This push for legislative primacy is a mistake: it valorizes a deeply undemocratic institution, relies on a selective reading of the past, and distracts us from vital debates about the policies we should be pursuing and persuading others to support.
LPE Originals

The Dilemma of Picking Winners

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Industrial policy will often require picking winners: if there were already many domestic firms capable of producing the desired output, there would be no compelling reason for subsidy or special treatment. Yet in doing so, the government risks locking in dominant firms and foreclosing the competition it ultimately needs. How might policymakers avoid this trap?
LPE Originals

Affordability Politics Needs a Power Analysis

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A renewed focus on the cost of living crisis is a welcome and potentially unifying frame for the political left. Yet unless we confront the Trump administration’s consolidated economic, cultural, and bureaucratic power, any attempt to deliver an affordability agenda is bound to fail.
LPE Originals

Age and the Lure of Class Reductionism

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Gerontocracy in America has elicited a common refrain from critics: that class, not age, is the real problem. Yet this kind of class reductionism has largely been rejected when it comes to gender and race, and age should be no exception.
LPE Originals

Dispatches from the ALPE Convention Floor

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This past February, hundreds of scholars converged in downtown Richmond for the inaugural Association of Law and Political Economy conference. As interest in the field grows, a larger question looms: can a loose coalition on the academic left turn shared critiques of the status quo into a durable movement?