Recent amendments to Delaware’s corporate code have tilted the playing field toward powerful tech CEOs and private equity representatives. Beneath these reforms lies a deeper political shift — the rise of populist corporate governance that threatens both shareholder rights and the rule of law.
In a stunning betrayal of 30 million workers, the Federal Trade Commission has abandoned its nationwide ban on non-compete agreements. Fortunately, states are filling the void with remarkable creativity — drawing on both new legislation and existing competition and consumer laws to enhance worker mobility.
As legal protections for labor organizing face existential threats, the American labor movement must confront a deeper challenge: the erosion of social norms that once condemned union-busting as morally wrong.
Despite a recent surge in campus organizing, tenured faculty at private universities haven’t unionized. Why is this? The conventional answer is that the Supreme Court said they can’t. Fortunately, the conventional answer is wrong.
On July 9, 2025, UN Special Rapporteur Francesca Albanese became the latest target of unilateral U.S. sanctions. These sanctions are an unjustified assault on Albanese, the United Nations, and international law. At the same time, they shed light on the true nature of unilateral sanctions — revealing what they aim to achieve and whose interests they ultimately serve.
From lending to stock trading to crypto, leading fintech companies have gained an edge not through actual technological innovation, but by using tech-driven narratives to obscure how they profit from bending and breaking financial regulations. What makes this especially troubling is that the public is propping up these firms by subsidizing Silicon Valley’s VC industry.
According to President Trump, Chuck Schumer is “not Jewish anymore.” Nor are Jewish Americans who vote for the Democratic Party. Nor are Jewish college students who oppose the Israeli government’s genocide in Gaza. In making these claims, Trump and his administration are attempting to reshape the contours of Jewish identity, dividing “real Jews” and “good Jews” from “Un-Jews” and “bad Jews.” And they are increasingly using law and economic power to materialize these distinctions.
Thomas Emerson is often remembered as a leading scholar of the First Amendment, but his deeper legacy lies in his defiant stand against political repression during the Second Red Scare. Looking back on his life, we can see valuable lessons about how to navigate the treacherous waters of political persecution and rising authoritarianism.
The MAGA movement has preyed on the economic decay and social malaise plaguing America’s neighborhoods, offering a suite of real and imagined villains to drive Trump’s ascension. The left must get back to basics, rebuilding the trust lost by the Democratic Party through genuine community building and connection across difference.
While the Administrative Procedure Act could constrain the worst abuses of the Trump administration’s immigration regime, the Supreme Court has shown little appetite for such administrative review.
New Uber-style firms like CareRev and Clipboard Health use algorithmic scheduling, staffing, and management technologies to match understaffed medical facilities with nearby nurses and nursing assistants looking for work. These companies, while promising flexibility, are facilitating a race to the bottom among healthcare workers and contributing to the erosion of America’s already-strained health care system.
By misstating the holding of SFFA in a recent dear colleague letter, the Department of Education has created a gap between what the law requires and the agency’s interpretation of the law. This gap, in addition to inviting anticipatory overcompliance, risks giving rise to inconsistent policies at different colleges and universities.
The Trump administration is simultaneously dismantling, weaponizing, and centralizing state capacities in order to enact a reactionary vision of administration — one which seeks to roll back efforts by prior generations to equalize economic and social relations. In contrast to this vision, progressives ought to aspire to a regulatory state whose purpose is to prevent domination. This alternative vision can guide us in deciding which forms of administrative power we should build and which we should actively work to restrain.
Legal scholars must grapple with the emergence of a new state capitalism — defined by expanded modalities of statist intervention, growing state-held capital, and intensifying geoeconomic rivalries.
Tech elite’s turn towards far-right politics should be understood as part of a broader effort to suppress collective power and worker activism. Organized labor is crucial to challenging the influence tech oligarchs wield across society and within the tech industry.
