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The Law and Political Economy Project

Weekly Roundup: June 27

Ilias Alami on the new state capitalism, Sabeel Rahman on anti-domination and the administrative state, and Jonathan Glater on Students for Fair Admissions. Plus, Jacob Hacker and Patrick Sullivan on the lowlights of the Republican budget reconciliation bill, Adam Bonica on the war between the Supreme Court and the rest of the judiciary, Alyssa Battistoni on the free gifts of nature, Sandeep Vaheesan on the revival of non-domination in antitrust, and an interview with Ted Fertik on energy and the OBBB.

Weekly Roundup: June 13

Shelley Welton discusses the political hurdles facing modern public power movements, and Jed Britton-Purdy interviews Shitong Qiao about neighborhood democratization in urban China. Plus, a save the date for the inaugural Association of Law and Political Economy conference, the first LPE NYC happy hour of the summer, an upcoming ACS panel on building worker & tenant power, Sam Moyn on the limitations of freedom as independence, and Delaney Nolan on Louisiana’s “creative” system for funding eviction courts.

From the Vault: LPE & Housing

A collection of our favorite posts about the legal underpinnings of today’s housing crisis, and about what might be done to restore a conception of housing as shelter, not commodity. Featuring Angela Harris, Keeanga-Yamahtta Taylor, David Stein, Kathryn Sabbeth, Duncan Kennedy, Karl Klare, Tara Raghuveer, and more!

Agencies Outflanked

Four Supreme Court decisions concerning the power of the administrative state have left agencies increasingly vulnerable to attack. Each decision is significant on its own, but together they underscore the precarious position of agency action today.

Outrage and Resistance: Abolitionist Lessons for the Present Crisis

The Trump Administration’s open rejection of due process and equal protection echoes some of the darkest aspects of antebellum America, when black Americans were frequently kidnapped and disappeared into the South without recourse. Yet this history also shows that direct legal representation can play a powerful role in mobilizing public opposition to unjust policies and proceedings.

Federal Labor Unions Strengthen the Administrative State

Many unitary executive proponents argue that federal labor rights undermine presidential power. This position is simplistic and short-sighted: labor rights offer the executive a different, more valuable form of power – expanded state capacity – that is necessary for modern presidents to deliver on their political priorities. And they so do in a manner that is more democratically accountable than any of the likely alternatives.

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.

Fossil Capital’s Regulatory Havens in the Carribean

Offshore jurisdictions don’t just hide wealth — they enable the climate crisis by shielding the fossil fuel industry from taxes, environmental regulation, and political accountability. The Caribbean’s role as a hub for regulatory havens underscores the deep entanglement between colonial extraction, global capitalism, and environmental degradation.