Recent amendments to Delaware’s corporate code have tilted the playing field toward powerful tech CEOs and private equity representatives. Beneath these reforms lies a deeper political shift — the rise of populist corporate governance that threatens both shareholder rights and the rule of law.
In a stunning betrayal of 30 million workers, the Federal Trade Commission has abandoned its nationwide ban on non-compete agreements. Fortunately, states are filling the void with remarkable creativity — drawing on both new legislation and existing competition and consumer laws to enhance worker mobility.
As legal protections for labor organizing face existential threats, the American labor movement must confront a deeper challenge: the erosion of social norms that once condemned union-busting as morally wrong.
Despite a recent surge in campus organizing, tenured faculty at private universities haven’t unionized. Why is this? The conventional answer is that the Supreme Court said they can’t. Fortunately, the conventional answer is wrong.
On July 9, 2025, UN Special Rapporteur Francesca Albanese became the latest target of unilateral U.S. sanctions. These sanctions are an unjustified assault on Albanese, the United Nations, and international law. At the same time, they shed light on the true nature of unilateral sanctions — revealing what they aim to achieve and whose interests they ultimately serve.
Powerful health care companies shape the informational environments around their products. As part of this playbook, companies avoid or thwart the generation and dissemination of accurate information on the true value of their products. Consequently, Americans spend too much on health care with dubious or even negative value.
While the Administrative Procedure Act could constrain the worst abuses of the Trump administration’s immigration regime, the Supreme Court has shown little appetite for such administrative review.
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.
By misstating the holding of SFFA in a recent dear colleague letter, the Department of Education has created a gap between what the law requires and the agency’s interpretation of the law. This gap, in addition to inviting anticipatory overcompliance, risks giving rise to inconsistent policies at different colleges and universities.
Attempts to solve the affordable housing crisis rely on a flawed understanding of housing economics and landlord business practices. In reality, landlords are colluding to manipulate the market. Antitrust law could be the answer.
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.
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!
Recent Supreme Court decisions threaten to undermine administrative efforts to achieve housing justice, including the mandate to affirmatively further fair housing and a loan program that provides affordable rural rental housing to disadvantaged families.
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.
With summer just around the corner, are you looking to indulge in some juicy, page-turning scholarship? As always, the Blog has you covered with our biannual roundup of some of our favorite forthcoming LPE and LPE-adjacent articles.
