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LPE Originals

How Anti-Trans Attacks Forge the Anti-Social State

The Trump Administration’s anti-trans policies should be seen as central, rather than peripheral, to the creation of what Melinda Cooper has called “an anti-social state” — a state that would abandon every duty to serve its citizens and residents, whose sole purpose would be to amplify presidential executive power.

LPE Originals

The Political Economy of Trans Healthcare Bans

Much as Reagan invoked the welfare queen as a diversion to absorb public outcry against devastating cuts to the social safety net, Trump today offers trans people – with their supposedly abundant, easily accessible healthcare – as scapegoats to justify a broader conservative health policy agenda.

LPE Originals

From the Vault: LPE & Administrative Law

A collection of our most illuminating posts on administrative law and democratic governance, featuring Sabeel Rahman, Karen Tani, Sophia Z. Lee, Kate Jackson, Daniel Walters, Blake Emerson, and more.

LPE Originals

Offshore Financial Law as Freedom-Promoting?

In mainstream American discourse, offshore financial centers are generally regarded as transnational dens of iniquity, where wealthy individuals conceal their assets and attempt to evade taxation. Yet in some post-colonial jurisdictions, offshore financial law has also played an important role in promoting economic independence.

LPE Originals

The Not-So-Secret Lives of Trusts

One common critique of trust law is that it exacerbates wealth inequality by creating layers of financial secrecy for families with substantial assets. Yet in facilitating the purchase of high-end real estate, private jets, and super-yachts, trust law also produces visible, even mappable effects on our physical landscape.

LPE Originals

The Anti-Democratic Rise of Super-Property

Trust law, originally devised as a way to protect the assets of vulnerable parties, has undergone a wholesale transformation in the past half-century. It now primarily serves the rich by providing them with a new form of super-property, insulated from taxation, reporting requirements, and creditor claims. How did this perversion of trust law come about? And why did it confront so little democratic resistance?

LPE Originals

From the Vault: LPE & Tech

To accompany your new holiday gizmos and gadgets, we reach into the vault and highlight some of our favorite posts on technology, featuring Salomé Viljoen, Veena Dubal, Frank Pasquale, Yochai Benkler, Raúl Carrillo, Meredith Whittaker, Genevieve Lakier & Nelson Tebbe, Matthew Bodie, Elizabeth Joh, and Julie Cohen.

LPE Originals

Enough! The Spanish Fight to Limit Housing Speculation

Throughout Spain, social movements are fighting against a chronic housing crisis caused by an influx of tourists and international capital. In this struggle, law is often a reflection of the existing neoliberal power structure, but with the support of sustained popular mobilizations, it has also served as a tool for emancipation.

LPE Originals

The Role of Coercion in the Neoliberal Economy

As neoliberal attacks on progressive taxation emptied public coffers, states and municipalities increasingly turned to fines and fees to generate revenue. More fundamentally, criminal punishment became a necessary correlate to a state that must enforce property rights against an ever-growing multitude.

LPE Originals

Tunisia: A Case Study in Democratic Backsliding

Once hailed as a beacon of democratic hope, Tunisia has rapidly descended into autocracy over the past three years. The failure of its decade-long democratic transition offers crucial lessons for democracies old and new in this era of rising authoritarianism.

LPE Originals

Movement Lawyering in Times of Rising Authoritarianism

In a time of rising authoritarianism and neoliberal hegemony, movement lawyers understand that the law and legal institutions primarily serve to protect capitalism, rather than everyday people. Nevertheless, as this symposium will show, from Argentina and Brazil to Palestine, Spain, and Tunisia, movement lawyers are devising creative legal tactics in defense of democracy, pluralism, and self-determination.