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LPE Originals

The Market Definition Trap

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Antitrust defendants increasingly prevail not by disproving competitive harm, but by dragging plaintiffs into costly battles over market definition. As courts have broadened the rule of reason and complicated the evidentiary standards for proving market power, these threshold fights have become a structural barrier to antitrust enforcement.
LPE Originals

Immigration Agencies Are Openly Defying Federal Courts

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Federal courts have overwhelmingly rejected the Trump Administration’s radical expansion of mandatory detention. Despite this, ICE continues to arrest and detain tens of thousands of people each month, effectively nullifying judicial oversight through sheer scale.
LPE Originals

NIH v. APHA and the Inequities of Two-Track Justice

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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.
LPE Originals

Title VI Turned Upside Down

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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?
LPE Originals

A Populist CEO in Corporate Law’s Court?

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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.
LPE Originals

Students for Fair Admissions and the Threat of Decentralism

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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.
LPE Originals

Agencies Outflanked

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Four Supreme Court decisions concerning the power of the administrative state have left agencies increasingly vulnerable to attack. Each decision is significant on its own, but together they underscore the precarious position of agency action today.
LPE Originals

Outrage and Resistance: Abolitionist Lessons for the Present Crisis

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The Trump Administration’s open rejection of due process and equal protection echoes some of the darkest aspects of antebellum America, when black Americans were frequently kidnapped and disappeared into the South without recourse. Yet this history also shows that direct legal representation can play a powerful role in mobilizing public opposition to unjust policies and proceedings.
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?