Essay – LPE Project https://lpeproject.org The Law and Political Economy Project Thu, 24 Jul 2025 12:28:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://lpeproject.org/wp-content/uploads/2020/08/cropped-LPE_Favicon_512px_BlackBG-450x450.png Essay – LPE Project https://lpeproject.org 32 32 How the Trump Administration is Constructing Jewishness https://lpeproject.org/blog/how-the-trump-administration-is-constructing-jewishness/ Thu, 24 Jul 2025 12:29:00 +0000 https://lpeproject.org/?p=11748 According to President Donald Trump, Senate Minority Leader Chuck Schumer is “not Jewish anymore.” Nor are Jewish Americans who vote for the Democratic Party. Nor are Jewish college students who oppose the Israeli government’s ongoing and intensifying genocide in Gaza. This rhetoric is not limited to the President. Leo Terrell, the head of the Department of Justice’s new Antisemitism Task Force...

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]]> Solidarity during the Second Red Scare: The Lessons of Thomas Emerson https://lpeproject.org/blog/solidarity-during-the-second-red-scare/ Mon, 21 Jul 2025 11:00:00 +0000 https://lpeproject.org/?p=11734 Thomas Emerson is best known today in the legal academy as perhaps the foremost scholar of the First Amendment of his generation. Yet this self-described “legal liberal” and “general socialist” has a much more significant and often neglected legacy: his refusal to be silenced by the forces of repression during the Second Red Scare. At a time when the academy was being ruthlessly purged of those...

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]]> Beyond The Ballot: Building The Movement Democrats Won’t https://lpeproject.org/blog/beyond-the-ballot-building-the-movement-democrats-wont/ Wed, 09 Jul 2025 11:00:00 +0000 https://lpeproject.org/?p=11706 Six years ago this month, in the middle of the first Trump administration, I quit my job and launched a campaign for Congress against a Democratic incumbent in the city where I was born and raised – Columbus, Ohio. I ran because Donald Trump posed a clear threat to the stability of the United States, and I knew fending off his growing Make America Great Again (MAGA) movement would take a different...

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]]> Abandoning Administrative Law During a Presidential Immigration Crisis https://lpeproject.org/blog/abandoning-administrative-law_link-fixed/ Mon, 07 Jul 2025 16:45:27 +0000 https://lpeproject.org/?p=11712 Mahmoud Khalil, Kilmar Ábrego García, and Rumeysa Ozturk are just a few of the people against whom the second Trump Administration has openly engaged in illegitimate forms of immigration enforcement. In addition, President Trump seems undeterred by federal court orders that he stop commanding the administrative state to implement unlawful immigration punishments. As a result, the U.S.

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]]> Nursing on Demand: The Gig Economy Comes for Health Care https://lpeproject.org/blog/nursing-on-demand-the-gig-economy-comes-for-health-care/ Mon, 30 Jun 2025 11:00:00 +0000 https://lpeproject.org/?p=11679 In 2013, Tim Maughan published a short story called Zero Hours, which describes a day in the life of Nicki, a 19-year-old zero-hour contract worker. Before Nicki gets out of bed, she grabs her tablet and bids “like mad” on various retail shifts. Eventually, she secures shifts at Pret-a-Manager and Boots, a beauty and pharmacy chain—though both shifts pay below the national minimum wage.

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]]> Students for Fair Admissions and the Threat of Decentralism https://lpeproject.org/blog/students-for-fair-admission-and-the-threat-of-decentralism/ Wed, 25 Jun 2025 11:00:00 +0000 https://lpeproject.org/?p=11665 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.]]> One common critique of informal rulemaking by an executive agency—say, issuance of a “no action” letter, publication of an “interpretation” of a regulation or law, or some other expression of agency perspective—is that the executive branch is effectively legislating by abusing the coercive force of the communication. Agencies are supposed to exercise only the power that Congress has given them...

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]]> Anti-Domination and the Future of Progressive Administration https://lpeproject.org/blog/anti-domination-and-the-future-of-progressive-administration/ Tue, 24 Jun 2025 11:00:00 +0000 https://lpeproject.org/?p=11658 Our governing institutions are undergoing a dramatic and dangerous transformation. The Trump Administration, aided by its allies in Congress and the Judiciary, is seeking to tear down and remake our basic institutions in a more authoritarian mode. One central task of the current moment is to slow and stop this transformation. Yet as Luke Herrine observed in these pages earlier this spring...

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]]> State Capitalist Mutations Under Trump 2.0 https://lpeproject.org/blog/state-capitalist-mutations-under-trump-2-0/ Mon, 23 Jun 2025 11:00:00 +0000 https://lpeproject.org/?p=11655 Global capitalism is undergoing turbulent mutations, including the seemingly unstoppable rise of Big Tech and the aggressive reengineering of globalization to intensifying geopolitical rivalries. The supercharged business and political news cycle is moving at an ever more dizzying pace. In this context, many of us are seeking intellectual resources to help us understand the specificity and...

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]]> Tech’s Turn to Trump was a Labor Story, and the Response Should be Too https://lpeproject.org/blog/techs-turn-to-trump-was-a-labor-story-and-the-response-should-be-too/ Thu, 19 Jun 2025 11:00:00 +0000 https://lpeproject.org/?p=11650 As Elon Musk yoked his public persona to far-right politics, there was consternation in the liberal media. How could an entrepreneur who builds electric cars in California turn into a Trump-saluting Texan? Numerous think pieces offered to disentangle the threads of his psychology, his fascist family history, or whatever else might explain the otherwise inexplicable. In reality...

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]]> Prices and Supply, and How Landlords Control Them https://lpeproject.org/blog/prices-and-supply-and-how-landlords-control-them/ Tue, 17 Jun 2025 11:00:00 +0000 https://lpeproject.org/?p=11626 Housing is the heart of the American political economy. Renting is often a stopgap to homeownership, with countless Americans traversing this path before securing a place of their own. But as millions of tenants pay more of their income in rent than ever before, the promise of an affordable alternative to homeownership has dissipated. Solving unaffordability and restoring the American dream means...

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