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The Law and Political Economy Project

LPE Originals

Sticking Together in Tough Times with Dean Spade 

Please join the LPE Project on Thursday, January 30th, from 12:10 to 1:30 PM ET, for a lunch talk with Dean Spade titled Sticking Together in Tough Times. Dean Spade is a Professor at Seattle University School of Law, where he teaches courses in Administrative Law, Poverty Law, Gender and Law, Policing and Imprisonment, Professional…

Presidents Are Strong, But Super-Groups Can Be Stronger

Is the power wielded by interests groups ultimately good or bad? To answer this question, we need to distinguish ordinary interest groups from super-groups, like the American Medical Association, whose legal empowerment makes them legitimate targets for democratic contestation and provides a principled basis on which to assess their political influence.

Weekly Roundup: Dec. 13

Beau Baumann and James Goodwin on the LPE of Congress, Shai Karp on landlords as petty tyrants, and a listicle of our favorite LPE posts on technology. Plus, Tara Raghuveer and Ruthy Gourevitch on tenant unions, Suzanne Kahn on feminist progressive populism, good news from the trenches of the EPA and FTC, Alvin Velazquez on bankrupt cities and federal disaster spending, and new book symposia at Legal Form and the American Political Economy Blog (inside you there are two wolves).

Rent Strikes as a Righteous Form of Resistance

Landlords wield significant power over tenants — including the power to set prices, surveil, neglect, harass, and evict — while legal processes offer little to tenants in terms of protection or means of redress when their rights are violated. Withholding rent in response to mistreatment is one righteous way of resisting such domination.

What Does LPE Have to Say About Congress?

In recent years, the LPE movement has generated compelling positions on the limits of the courts and the promise of the administrative state. Yet it is striking how little it has had to say about about legislative procedure and politics. By focusing on how power can be durably built in Congress, LPE scholars could help envision democratic alternatives to our current institutional doom spiral.

How Bankruptcy Prioritizes Property Rights Over Public Good

After a recent First Circuit decision, private creditors’ bankruptcy rights pose an existential threat to the only electric utility in Puerto Rico. As this outcome shows, we need a new approach to balancing the interests at stake in bankruptcy proceedings — one that protects private property, but not at the expense of undermining major public goods.

(Some of) the Best New LPE and LPE-Adjacent Scholarship

With the fall 2024 submission season in the books and our Twitter feeds abuzz with placement announcements, the LPE Blog highlights some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering tech, labor, housing, admin law, family law, consumer protection, legal theory, local government law, and so much more, this scouting report is not to be missed.

Have You Heard the Good News About Consumer Protection?

Recent years have witnessed a sea change in consumer protection, ushered in by a new generation of enforcers who reject many of the basic premises from the neoliberal era. They aim not merely to ensure that consumers have the information necessary to discipline firms through choice, but to prevent businesses from using their power to shape markets in ways that take advantage of consumers.

Weekly Roundup: Oct. 25

Zohra Ahmed on the role that criminal fines and fees play in financing the state, Miguel Ruiz on the role of law and social movements in the fight against Spain’s chronic housing crisis, and Matthew Glover and Joshua Ingram on fascism from an Afrikan perspective. Plus, a call for (your!) recently accepted LPE scholarship, an internship with the Movement Law Lab, a workshop on the LPE of Social Reproduction, new articles by Nicole Summers and Alyssa Battistoni, an analysis of Trump’s likely judicial appointments, and a look at the new lobbying industry spawned by economic sanctions.

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.

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.