In Free Gifts, Alyssa Battistoni explores capitalism’s persistent failure to value the natural world. Yet the lesson of this exploration is much broader: that capitalism imposes fundamental limits on our collective freedom.
In today’s polarized political discourse, it is easy to forget that the Bible’s economic values align better with LPE’s market critiques than with the neoliberal right’s twentieth-century synthesis. And it would be a mistake to surrender these resources to the post-liberal right.
As public-private partnerships become central to modern governance, FOIA’s Exemption 4 has evolved into a powerful tool for corporate secrecy. After Argus Leader, government agencies and private firms can thwart transparency through confidentiality pacts, shielding significant public spending and regulatory decision-making from democratic oversight.
Law and political economy scholarship, immersed in a particular history of Northern law and capitalism, has tended to focus on US law and policy, with occasional excursions into Europe. But in a world where imperialist ideas and technologies tend to circle back to the metropole, and where the periphery appears to be the future of the center, the Global South has much to teach LPE about law, capitalism, and development.
While legal clinics have long been vulnerable to pressure from outside forces, recent attacks by the federal government represent an alarming new level of interference. Protecting clinical work now requires not only legal and institutional defenses, but collective preparation and solidarity across the profession.
Antitrust may promise to tame corporate power, but it leaves untouched the deeper logic of capitalism that compels production for profit’s sake. In this sense, antitrust is not voluntarist enough, choosing to fight capital with one hand tied behind its back. At the same time, however, antitrust places too much faith in law as a source of normative authority and in an administrative state whose legitimacy is evaporating before our eyes.
Even as the Trump administration seeks to dismantle DEI in the name of “merit,” the law it distorts still harbors possibilities for resistance. Title VII prohibits retaliation against employees who oppose discrimination, and workers purged for their past DEI efforts should consider pursuing retaliation claims against their employers. Such lawsuits would raise the costs of anticipatory capitulation, while also providing some measure of relief to workers already harmed.
While some have cast the U.S. government’s $8.9 billion equity stake in Intel as the first step on the road to socialism, upon closer examination it looks more like a distinctive form of American state capitalism: one that entrenches corporate power while foreclosing more democratic and effective alternatives.
As fascist tendencies intensify across the United States, social movements continue to organize against the forces of state repression. Legal scholars must stand with these movements, grounding our analysis in struggle and supporting those fighting on the frontlines with our relative social power and institutional resources.
Some on the left dismiss anti-monopolism as a distraction from the core conflict between labor and capital. But this view misunderstands both history and strategy: antitrust has long been a tool for democratizing economic power, and it remains essential for resisting attempts to control economic production wherever and whenever it occurs.
In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is seen as legitimate, and it is precisely the erosion of legitimacy in the eyes of the public that has enabled Trump to carry out his deconstructive agenda.
Genevieve Lakier on weaponizing antidiscrimination law, Sanjukta Paul on laws and markets, and Ally Coll and Justin Gravlee on NIH v. APHA. Plus, an incredible online conference on Capitalism and Socialism (happening today!), a cool new book by Jamila Michener and Mallory E. SoRelle, and new pieces by Erik Baker, Olúfẹ́mi O. Táíwò, and Jamelle Bouie.
The Supreme Court’s NIH v. APHA decision creates a harmful “two-track” litigation process, forcing plaintiffs to file duplicative lawsuits in different courts to obtain relief. Echoing the Pennhurst ruling of 50 years ago, the Court’s procedural maneuvering threatens to obstruct justice for those challenging discriminatory government actions.
Antitrust law is important not only for its potential in reforming our current economic system, but also analytically, because of law’s irreducible role in structuring economic competition and coordination. Contra any picture of markets operating via quasi-automatic mechanisms, the organization and operations of any market are as much a product of contingent rules as any law of nature.
Title VI of the Civil Rights Act of 1964 was a crowning achievement of the Civil Rights Movement. Today, however, it has become one of the most powerful forces against desegregation. How did this vertigo-inducing inversion come about? And how might we prevent similar civil rights perversions in the future?
