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?
We reach into the vault and highlight some of our favorite posts on the entanglements between criminal law, political economy, and social inequality. Featuring Angela Harris, Noah Zatz, Jocelyn Simonson, Joanna Schwartz, Anthony O’Rourke, Guyora Binder, Rick Su, Zohra Ahmed, Dorothy Roberts, Judah Schept, Andrew Crespo, and Amna Akbar.
Incarcerated workers are deeply embedded in the U.S. economy, yet they are excluded from basic labor protections and organizing rights. Traditional labor unions can and should bring these workers into the fold by organizing across prison walls and redefining the boundaries of worker solidarity.
How should we understand the relationship between Marxism and antitrust? To what extent do these traditions involve conflicting methods and assumptions? And, despite their differences, can we imagine a constructive give and take, where the two intellectual programs nonetheless align into a useful division of labor?
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.
