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The Law and Political Economy Project

How to Use Endowments to Protect University Missions

If endowments are fundamentally creatures of restriction, they are also in smaller measure creatures of interpretation and discretion. Universities should use what flexibility they do have to stand up for their programs, employees, and students – for the core constituents in a mission-driven environment – in this time of unprecedented assault.

Offshore Financial Law as Freedom-Promoting?

In mainstream American discourse, offshore financial centers are generally regarded as transnational dens of iniquity, where wealthy individuals conceal their assets and attempt to evade taxation. Yet in some post-colonial jurisdictions, offshore financial law has also played an important role in promoting economic independence.

Weekly Roundup: Feb 14

Luke Herrine on writing down our dreams during a living nightmare, Allison Tait on the not-so-secret lives of trusts, and Ezra Rosser on how antipoverty advocates can go on the offensive. Plus, an upcoming event with Umut Özsu and Sam Moyn, a new paper by Brian Highsmith, Maya Sen, and Kathy Thelen, a new piece by Marshall Steinbaum about the longstanding Democratic reluctance to declare war on inequality, and an open letter to students of the Third Reconstruction.

How Antipoverty Advocates Can Go On The Offensive

In the embers of the Supreme Court’s disastrous Grants Pass decision, a new form of necessity doctrine offers a ray of light. If private property owners’ exclusionary rights are meaningfully threatened, might the political will for ending homelessness and food insecurity finally emerge?

America’s First Religious Public School?

This past Friday, the Supreme Court granted cert in a case that concerns the first religious charter school in the United States. But this case is not merely about school choice or religious freedom — it also reflects a broader contest over how law structures public responsibility and private power.

The TikTok Ban and the Limits of the First Amendment

The Supreme Court’s unanimous affirmation of the TikTok Ban reveals a dangerous weakness in the First Amendment: its failure to protect against government repression that targets the economic infrastructure of speech, rather than speech itself — precisely the kind of repression that is likely to be a hallmark of the second Trump presidency.

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).