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LPE Originals

Federal Labor Unions Strengthen the Administrative State

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Many unitary executive proponents argue that federal labor rights undermine presidential power. This position is simplistic and short-sighted: labor rights offer the executive a different, more valuable form of power – expanded state capacity – that is necessary for modern presidents to deliver on their political priorities. And they so do in a manner that is more democratically accountable than any of the likely alternatives.
LPE Originals

The New Carceral Public Health Law

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According to recent judicial decisions, the state can criminalize homelessness, ban abortion, and restrict gender-affirming care, all in the name of public health, yet it cannot mandate vaccines nor pause evictions. How should we understand this asymmetry, and how might we realign public health jurisprudence with the pursuit of equality?
LPE Originals

From the Vault: LPE & Administrative Law

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A collection of our most illuminating posts on administrative law and democratic governance, featuring Sabeel Rahman, Karen Tani, Sophia Z. Lee, Kate Jackson, Daniel Walters, Blake Emerson, and more.
LPE Originals

America’s First Religious Public School?

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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.
LPE Originals

The TikTok Ban and the Limits of the First Amendment

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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

What Does LPE Have to Say About Congress?

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In recent years, the LPE movement has generated compelling positions on the limits of the courts and the promise of the administrative state. Yet it is striking how little it has had to say about about legislative procedure and politics. By focusing on how power can be durably built in Congress, LPE scholars could help envision democratic alternatives to our current institutional doom spiral.
LPE Originals

From the Vault: LPE & History

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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.
LPE Originals

The Promise of America’s Forgotten Labor Law

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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.
LPE Originals

After Chevron: Political Economy and the Future of the Administrative State

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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?
LPE Originals

Labor’s Constitutional Vision in the Face of Capital’s Attack

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Presented with a conservative supermajority on the Supreme Court, corporations and right-wing trade associations have launched a series of constitutional challenges to worker rights. In response, workers are putting forward a fundamentally different vision for our economy and society — an alternative not only to business’s right-wing constitution but also to the New Deal constitutional settlement.