After years of research, Daphna Renan & I are thrilled to announce preorders of SUPREMACY. Why is US democracy so broken? One reason is we've wrongly accepted that 9 justices have the final say over the Constitution. This book traces how that happened—& how we can reclaim power to govern ourselves.

Good Analysis for Bad Times, an LPE Blog special.

"the crisis is slow-moving and hard to document, as landlords who bet enormously on their buildings squeeze every corner of their balance sheet to meet the rates of profit they promised to their sophisticated investors, maintaining the bubble on the backs of easily-ignored tenants." Great piece!

Today, @ruthygourevitch.bsky.social and Jacob Udell explain why landlords nationwide are scrambling to repay their investors, and why confronting this growing financial distress is the first step toward solving our national housing nightmare.

This is what the collapse of the rule of law looks like.

The week in review: Sam Moyn and Jamelle Bouie respond to Beau Baumann's call for legislative supremacy, Mariano Féliz on Argentina’s debt sustainability, Ntina Tzvouala on dollar hegemony (x2), plus more!

This was my reaction as well. The legal and political claims involved here are more tightly bound than in most cases, given the history at issue. I thought Evan captured this dynamic well in his post on ye olde LPE Blog last year: lpeproject.org/blog/the-ant...

UPDATE: The ACLU of NY has responded to this unreal admission — noting the "far-reaching" implications, "including a possible motion for reconsideration of" Judge Castel's September 2025 decision in the case. storage.courtlistener.com/recap/gov.us...

I am genuinely confused by what is being claimed here. Did DOJ prosecutors never *read* the memo upon which their arguments relied? How is that possible?

Today, Mariano Féliz argues that Argentina’s recent debt negotiations have imposed a devastating cost on the country—intensifying labor exploitation and inflicting environmental harm. The result is a deepening crisis where debt sustainability threatens the very sustainability of life itself.

"I fear that a lot of liberals and even some parts of the left in law schools still seem to be at the stage of their relation to juristocratic temptation that, as in St. Augustine’s earlier twelve-step program for sin, says: 'save me from it, just not yet.'"

Excellent to be invited at @lpeblog.bsky.social to comment on @beaubaumann.bsky.social”s already celebrated post. Where are we in the quest for legislative supremacy? lpeproject.org/blog/of-lpe-...

Close out the week out right with these hit blog posts: @beaubaumann.bsky.social on the lost art of constitutional politics, @halsinger.bsky.social on the market definition trap, and @bwgerstein.bsky.social on the political economy of settler retrenchment. Plus, some LPE 💎s from around the web!🧵

Today's post is on why NYC (the largest municipal consumer in the Western hemisphere) pursuing an ambitious procurement strategy advances sustainability goals, saves taxpayers $$, makes city services more resilient to disruptions, & influences industry nycpolicyforum.substack.com/p/the-greate...

Everyone has a favorite Novelty Afroman Song Making Fun of Cops, and I think that's great. The "Under the Boardwalk" parody about the deputy eyeing his lemon poundcake is a delight. So is the ACAB version of "Battle Hymn of the Republic." So is "RANDY WALTERS IS A SON OF A BITCH." No wrong answers!

Awful. A teenager, dead by suicide in an ICE detention center. There is now a crisis of suicide inside the detention system; I have never seen anything like it. Suicide has happened before, but they were very rare. This is the third or fourth this year.

Professor Wurman seems to relish in calling me a bad academic who doesn’t sufficiently extend good faith presumptions and scholarly charity. He also demands I produce evidence in real time. Fairs. So, Ilan Wurman, I’d like you to meet Ilan Wurman.

I'm excited to share this piece in @lpeblog.bsky.social, which builds on arguments I make in a forthcoming law review article on settler retrenchment. Here, I explain how manufactured economic uncertainty is a tool settler governments use to turn publics against the interests of Indigenous peoples.

Today, @bwgerstein.bsky.social examines how governments and corporations often respond to Indigenous legal victories with warnings of potential economic chaos. These claims are not neutral forecasts but a recurring strategy of settler retrenchment aimed at preserving existing hierarchies.

Even good laws don't work on their own! So excited for @nycpolicyforum.bsky.social to cohost (w/ CUNY SLU) "Enforcing the Affordability Agenda" w/ Bhairavi Desai (Taxi Workers Alliance), Rich Maroko (Hotel Gaming & Trades), Izzy Melendez (SEIU), & Sam Levine (DCWP), moderated by Stephanie Luce

"Critics who fixate on the FTC’s losses under Lina Khan’s stewardship—while ignoring its many victories—often underestimate just how structurally difficult antitrust litigation has become."

There’s a reason that companies love to make expansive, sometimes absurd, claims about market definition: as the Supreme Court has narrowed the scope of per se illegality in antitrust law, plaintiffs are required to demonstrate that defendants possess market power. 1/3

“Once we face these facts, the path ahead becomes as clear as it is daunting. At the federal level, LPE must contend with two entrenched sites of hierarchical power: juristocracy and the modern managerial presidency” A must-read by @beaubaumann.bsky.social !! lpeproject.org/blog/what-wo...

This may be the single best thing I've read on how to think about rebuilding the constitutional order after we wrest power back from our present fascists. Go read it now.

@beaubaumann.bsky.social defines the stakes right now: we need to center Congress as a player in constitutional politics. Russell Vought systematic attack has been on what I call LBJ presidentialism, which created small agencies tied explicitly to Congressional purposes (for example, NEH and NEA).

"There is no Russell Vought of the Left. While some may celebrate this fact, it means the Right is pushing against an open door."

Declaring that no quarter will be given unequivocally violates international humanitarian law. Indeed, ordering that no quarter will be given, threatening an adversary therewith or conducting hostilities on this basis is prohibited and constitutes a war crime.

If you enjoyed browsing the Top 100 Legal Scholars of 2025, don’t miss the latest, definitive ranking of the top 5,000(!) legal scholars by citation count. jesp.org/index.php/je...

The week in review: Seven of our favorite labor scholars and lawyers on a pro-labor vision of the Constitution, @jeenashahesq.bsky.social on Trump’s contradictory treatment of Hernández and Maduro, & @maggor.bsky.social on how “good” and “bad” capitalists are not born but made. Plus, more in the 🧵

New, at Can We Still Govern?: Christian Gläßel and @ascharpf.bsky.social have studied the formation of secret police in other countries. They explain the parallels with Trump's immigration enforcement. The key factor is career incentives not ideology. 🧵 donmoynihan.substack.com/p/the-secret...

Today on the @nycpolicyforum.bsky.social substack, Lucia Gomez considers how the Mamdani administration might address three hurdles to increasing union density in NYC! nycpolicyforum.substack.com/p/its-a-unio...

"Morality tales about virtuous entrepreneurs or predatory speculators are less descriptions of economic reality than prescriptive efforts to shape it. To label some capitalists as productive and others extractive is a political act – a way of trying to direct behavior toward socially desired ends."

Today, @jeenashahesq.bsky.social argues that Trump’s contradictory treatment of Hernández and Maduro reveals the consistency of U.S. foreign policy: the War on Drugs serves as a flexible tool for maintaining global capitalism’s necessary periphery.

In my latest piece out today on @lpeblog.bsky.social, I reconcile Trump's pardoning of a former Honduran President on drug trafficking while abducting Maduro on similar charges by showing how both actions are consistent with the logic underlying the U.S.'s War on Drugs lpeproject.org/blog/trumps-...

A PSA for all my law professor friends: instead of scrolling through an article titled “The Top 100 Legal Scholars of 2025,” where impact and influence are reduced to citation counts, consider reading this excellent article on value capture. jesp.org/index.php/je...

How might we revive a pro-labor vision of the Constitution, and how would such a vision relate to the Constitution’s broader democratic purpose? Today, Kate Andrias, Willy Forbath, Jennifer Abruzzo, Keith Bolek, Andrea Hoeschen, Darin Dalmat, and Alvin Velazquez share their perspectives.

I've belatedly made my way onto Bluesky and just wanted to thank everyone who read and shared my LPE Blog post last month. I'm off to the archives next week to dig deeper into NYC foster care in the ’90s. More to come…

Week in review: @veenadubal.bsky.social and @azizaahmed.bsky.social on how feminists transformed the law and science of AIDS, @lookheron.bsky.social on market governance in Trumpworld, and @abalasub.bsky.social on the misnomer of modern Indian capital. Plus, the best of LPE from around the web 🧵

Today, @abalasub.bsky.social continues our symposium on *Traders, Speculators, and Captains of Industry.* Given that Indian firms spend virtually nothing on R&D, he asks, how we should understand the modernity of so-called “modern Indian capitalists”?

An important piece showing that losses in court haven’t stopped Trump from seizing Congress’s spending power and targeting dissenters and “blue states.” www.nytimes.com/interactive/...

this answer from @azizaahmed.bsky.social in an interview about her book, Risk and Resistance: How Feminists Transformed the Law and Science of AIDS, just blew my mind lpeproject.org/blog/how-fem...

Everything you always wanted to know about 'Temu Lina Khan' but were afraid to ask.

Today, Luke Herrine (@lookheron.bsky.social) offers a whirlwind tour of market governance in Trumpworld. While most agencies have embraced a pro-monopolist, pro-corruption reorientation, the lone exception is the FTC. Why is this? And what does it suggest about market regulation under Trump 2.0?

Thank you to the most brilliant @veenadubal.bsky.social for being my conversation partner about my book on the @lpeblog.bsky.social and to the masterful @jamesbrandt.bsky.social for his support. lpeproject.org/blog/how-fem... @bulaw.bsky.social

Depending on who you ask, Lewis Powell Jr. is either: an ideological mastermind of the Right who led the corporate counter-revolution OR the Supreme Court’s quintessential “swing justice" upholding liberal positions in some of the Court’s most high-profile cases (from affirmative action to abortion)

I’ve got a spicy essay on @lpeblog.bsky.social arguing Trump2 so far has been like 1979 deregulation returning as farce lpeproject.org/blog/market-...

Entry 8,735 in the ongoing series: “The Regrettable History of Law & Economics.”

"I think responses [that ask only for the Administration to 'explain itself'] are pathetic. This isn’t a mystery that needs to be solved. This is not the case of the missing casus belli."