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LPE Originals

Have You Heard the Good News About Consumer Protection?

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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

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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

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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.
LPE Originals

All Power To The Tenants

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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

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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

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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.
LPE Originals

The Chamber of Commerce’s Moral Panic

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Soon after the 2020 Black Lives Matter protests, the news filled with panicked complaints about “retail theft.” This manufactured crisis replicates the longstanding strategy of the Chamber of Commerce in nurturing a conservative backlash to social movements.
LPE Originals

Transnational Law as a Battle of Position

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American courts exercise authority beyond U.S. borders, including over foreign governments, all the time. To most observers, this is simply a consequence of increasing economic globalization and legal modernization, which untethered jurisdiction from territory. But this is a mistake. Law has not become divorced from territory but instead actively remapped it; it has not merely responded to globalization, but actively produced it.
LPE Originals

Genocide Trade-offs

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While governments in both the west and global south have become increasingly critical of Israel’s ongoing genocide in Gaza, these states have nearly all maintained normal trade relations with Israel. How should we understand this mismatch between political rhetoric and economic policy? And where might we look for signs of more material anti-imperial responses on the horizon?
LPE Originals

Why Has the Rule of Law Become So Fragile?

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The rule of law is inherently fragile, as law’s legitimacy ultimately depends on politics. Yet as demonstrated by the successful referendum in Berlin to expropriate more than 250,000 apartments from corporate landlords, this very dependence can empower democratic mobilization and redirect the conservative nature of the law towards a progressive future.
LPE Originals

After Chevron: Political Economy and the Future of the Administrative State

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The Supreme Court’s recent administrative law decisions represent a fundamental shift in both political and economic power. In response, we must not settle for simply restoring the status quo ante. Instead, the task for an LPE approach to the administrative state requires answering a more foundational question: what would effective, equitable, and democratic governance look like?