In a time of rising authoritarianism and neoliberal hegemony, movement lawyers understand that the law and legal institutions primarily serve to protect capitalism, rather than everyday people. Nevertheless, as this symposium will show, from Argentina and Brazil to Palestine, Spain, and Tunisia, movement lawyers are devising creative legal tactics in defense of democracy, pluralism, and self-determination.
The LPE Blog goes worldwide, bringing you some of our favorite global LPE and LPE-adjacent scholarship from 2024.
Doron Dorfman is a Professor of Law at Seton Hall Law School. His research and teaching focus on health law, disability law, employment law, torts, and family law. His work has won multiple writing awards, was cited by federal courts, and was featured in the New York Times, Washington Post, and Los Angeles Times. Professor…
Tracy Rosenthal and Leonardo Vilchis’ new book, Abolish Rent: How Tenants Can End the Housing Crisis, is both a polemic and a guide. Drawing on their experiences organizing with the Los Angeles Tenants Union, Rosenthal and Vilchis envision a world where tenants control housing – a liberatory horizon that legal scholars, lawyers, and law students alike have a clear role to play in reaching.
The blog post is never dead. It’s not even post. We reach into the vault and highlight some of our favorite posts on LPE and history, featuring K-Sue Park, Luke Herrine, Gabriel Winant, Johanna Fernández, Aziz Rana, Vanessa Ogle, Evelyn Atkinson, William Forbath and Joseph Fishkin, Claire Dunning, Beryle Satter, and Uʻilani Tanigawa Lum and Kaulu Luʻuwai.
Mehrsa Baradaran on neoliberalism’s unlikely victors, Angela Harris on the assault on academic freedom, and David Boehm and Lynn Ta on the forgotten promise of the Norris-LaGuardia Act. Plus, an upcoming event with Sandeep Vaheesan, a CFP on Neoliberalism and the Capitalists, and new pieces by Amy Kapczynski, JW Mason, Matthew Dimick, Yochai Benkler, Eva Nanopoulos, Talha Syed, and Evenlyn Douek and Genevieve Lakier.
Given threats to the current system of labor rights protection — as well as unions’ increasing willingness to take an active role in addressing controversial political issues — the often overlooked Norris-LaGuardia Act is primed to take on new relevance in coming years.
The intellectuals of the neoliberal movement are best understood as the losers of societal change — rearguard protectionists who decided that rather than concede to democracy, they would subvert and delegitimize it.
Quinn Slobodian on Melinda Cooper’s Counterrevolution, Shaina Potts on the concept of Judicial Territory, and Christopher Ali on the looming threat of Private Equity to affordable broadband. Plus, a new LPE book series, a new issue of the JLPE, a new book by Lenore Palladino, upcoming events on The Constitutional Bind, public pharma in CT, and whether capitalism is defensible, as well as new pieces by Henry Farrell, Jed Britton-Purdy, Sandeep Vaheesan and Brian Callaci, and Wendy Brown.
American courts exercise authority beyond U.S. borders, including over foreign governments, all the time. To most observers, this is simply a consequence of increasing economic globalization and legal modernization, which untethered jurisdiction from territory. But this is a mistake. Law has not become divorced from territory but instead actively remapped it; it has not merely responded to globalization, but actively produced it.
How did the American state come to be so extravagant in its recourse to public debt issuance, yet so selectively austere in its public spending choices? To answer this question, we need to understand how two rival schools of thought — Virginia school public choice and supply side economics — converged around the imperative to rein in the redistributive uses of public spending.
The rule of law is inherently fragile, as law’s legitimacy ultimately depends on politics. Yet as demonstrated by the successful referendum in Berlin to expropriate more than 250,000 apartments from corporate landlords, this very dependence can empower democratic mobilization and redirect the conservative nature of the law towards a progressive future.
The Supreme Court’s recent administrative law decisions represent a fundamental shift in both political and economic power. In response, we must not settle for simply restoring the status quo ante. Instead, the task for an LPE approach to the administrative state requires answering a more foundational question: what would effective, equitable, and democratic governance look like?
Earlier this year, in an effort to limit judge-shopping, the Judicial Conference adopted a policy requiring judges to be assigned through a district-wide random selection process. The rejection of this policy by judges in the Northern District of Texas is one sign among many that the judiciary is unfit to regulate itself.
Shahd Hammouri on the state duty not to facilitate the transit of weapons to Israel, Helen Hershkoff, Luke Norris, and Judith Resnik on LPE & Civil Procedure, and Kathryn Sabbeth on the one-sided concern for efficiency in eviction court. Plus, an upcoming student info session with Amy Kapczynski and Corinne Blalock on everything you always wanted to know about LPE (but were too afraid to ask). And, as always, the best of LPE from around the web, including new pieces by Veena Dubal, Sandeep Vaheesan, Jake Grumbach, Lev Menand & Morgan Ricks, and Victor Pickard!
