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The Law and Political Economy Project

Off with the Lotus Eaters

Before the Blog goes on its annual August hiatus, we count down the ten most read posts of 2026 so far, say a fond farewell to our departing student editors, and welcome three new additions to the team.

Against Legislative Primacy

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.

The Informal Governance of Global Capitalism

The marginalization of international law under the second Trump administration has been a shock to the post-Cold War world order. Yet the impact of this development on the global economy has been far from uniform. Some of the most important sectors to trade — including telecommunications and civil aviation — were already governed primarily through informal, political arrangements.

Outsourcing Deportation: The Expansion of Third Country Removal

As of May 2026, the United States has agreements with at least 27 countries to accept deportees who are neither nationals nor citizens of those countries. Seen from one perspective, this emerging regime looks like a natural extension of efforts by the United States and other countries to externalize refugee obligations and offshore migrant policing. In practice, however, third country deportation is more sinister — more akin to an illegal, “black site” extraordinary rendition than a judicial removal proceeding.

A Tale of Two Seas

For much of the past century, international lawyers have sought to drive a wedge between “economic” matters and the use of military force. Recent events in the Caribbean and the Strait of Hormuz suggest that wedge is no longer viable.

Taking Legislative Primacy Seriously

As we work toward a durable democratic future, a commitment to legislative primacy can serve as an orienting north star. Reaching that goal, however, will require using both legislative and executive tools, especially while we are working with an imperfect, hobbled, and significantly co-opted legislature.

Diversity as Value, Diversity as Risk

Corporate diversity practices, long celebrated for driving revenue growth and stabilizing stock prices, are now being targeted as liabilities by conservative shareholder activists, consumer boycotts, and litigation. This shift from rainbow capitalism to today’s anti-woke agenda reveals how diversity’s value in the marketplace has always been politically and legally constructed.