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LPE Originals

Taking Legislative Primacy Seriously

As we work toward a durable democratic future, a commitment to legislative primacy can serve as an orienting north star. Reaching that goal, however, will require using both legislative and executive tools, especially while we are working with an imperfect, hobbled, and significantly co-opted legislature.

LPE Originals

Surveillance Pricing: Exploiting Information Asymmetries

For over a century, fixed prices have made markets more transparent. Surveillance pricing threatens to reverse that progress by allowing corporations to secretly tailor prices using personal data. While states are beginning to respond to these practices, their efforts face growing First Amendment headwinds.

LPE Originals

Banks Have Abandoned Their Public Purpose

At the core of the U.S. banking system is the public’s choice to delegate money-creation privileges to private actors. But what is the public getting in exchange? An ever-swelling suite of predatory credit products and few basic services. It’s time to reset the terms of the bargain.

LPE Originals

The Student Loan Conjuncture

While student loan repayment has resumed, stability is an illusion. Beneath the surface, mounting delinquency, administrative chaos, and the potential dismantling of federal loan management point to a deeper crisis in the governance of higher education finance.

LPE Originals

Big Pharma’s Get-Out-of-U.S.-Tax-Free Card

While many industries excel at not paying U.S. corporate taxes, the pharmaceutical industry takes the cake – despite $400 billion in prescription drug sales in 2022, Big Pharma claimed to have close to zero taxable income. One of their principal methods for maintaining this charade is the constant threat of exit, moving their headquarters abroad to avoid U.S. taxes altogether. In order to collect more much needed tax revenue from corporations, policymakers must first constrain Big Pharma’s ability to simply abandon ship.

LPE Originals

The Means-Testing Industrial Complex

As Republicans tightened work requirements and eligibility rules for Medicaid and SNAP last year, Equifax’s CEO openly celebrated the profits to be made from administering this deprivation. Means-testing and administrative complexity have turned America’s safety net into a lucrative revenue stream for monopolistic private contractors, underscoring the need for public data infrastructure and simpler eligibility rules.

LPE Originals

Immigration Agencies Are Openly Defying Federal Courts

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

Inside the Failure to Regulate Stablecoins

From legislative paralysis to regulatory fragmentation to strategic incoherence, Democrats have spent the past five years squandering opportunities to assert control over the future of digital currencies. To reverse course, progressives need to embrace a coordinated approach that balances innovation, privacy, and systemic risk.

LPE Originals

The Long Anti-Tax Tradition of American Oligarchy

Throughout U.S. history, oligarchs have fettered the tax power of the state to ensure that the government would be too feeble to rein in their power. The Trump Administration’s capricious tariffs and mass firings at the Internal Revenue Service are the latest iteration of this long, anti-tax, anti-democratic tradition.

LPE Originals

The Rise of OIRA 2.0

The Trump Administration’s use of individualized, firm-level waivers and exemptions marks a new frontier in presidential control of the administrative state. This strategy allows the administration to bypass the formal process for repealing regulations while turning deregulation itself into a tool for distributing political favors.

LPE Originals

Predistribution and the Law and Economics of Income Inequality

Law and Economics scholars argue that if income redistribution is to happen at all, it should occur exclusively through the tax system, rather than through supposedly less efficient methods, such as the minimum wage, collective bargaining, or housing regulation. Yet even by their own lights, these arguments fail: in many cases, predistributive policies are actually more efficient than the tax and transfer system. More fundamentally, to address economic inequality, we must move beyond narrow issues of distribution and transform the mode of production itself.