Law review articles are expected to conclude with a short section, often “Part IV,” that translates analysis into actionable prescriptions. Though well-intentioned, this convention constrains ambition, sidelines critique, and conflates near-term feasibility with rigor. In a moment of institutional unraveling and authoritarian threat, legal scholars and law review editors should resist the Part IV reflex and make space for bolder analyses, longer horizons, and more collective ways of imagining change.
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.
In the midst of the chaos, an ambitious policy agenda beckons. Elizabeth Wilkins, Chiraag Bains, Bharat Ramamurti, Samuel Bagenstos, Shilpa Phadke, and K. Sabeel Rahman reflect on how to rebuild, rather than merely reproduce, what came before the wreckage.
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?
Last month, the Biden Administration released a long-awaited overhaul of the regulatory review process. Although these changes are aimed at a highly technical and behind-the-scenes process, their importance is hard to overstate. From lowering the social discount rate, to providing a method for income weighting, to incorporating hard-to-quantify impacts into agency decision-making, these revisions will affect government policymaking across nearly every domain. They also signal overdue recognition that an inclusive political economy requires a transformation not just in the substance of public policy, but also in its process, in the machinery of how policy is designed, analyzed, coordinated, and ultimately made impactful.
As the COVID19 pandemic and economic crises continue to ravage the country, it is increasingly clear that the virus is not just a public health challenge: it is also exposing deep systemic failures of governance, and disparities of political power. Black and brown Americans are the most likely to die from this virus, a reflection…