With the FTC voting on its final non-compete rule next Tuesday, we should be ready for a two-for-one 'special' from the corporate defense bar (and academic allies): the usual bad antitrust takes plus bad admin law takes

Incentives matter - we've been under producing law for too long

I suppose if you’re going to enable shadow banking, you should throw the clawback legislation in there, too. You’ll need it down the road.

'none of this would matter if govts had no reason to be interested in money financing deficits. The obvious reason why they might be is if [it] was cheaper than selling debt to the bond market'

other 'obvious' reason is that it is easier for public to understand. democracy etc

In Bostock v. Clayton County (2019), SCOTUS held, under the Civil Rights Act of 1964, discrimination on the basis of sexual orientation and gender identity IS discrimination on the basis of sex. While employment law was the focus in that case, I said then that courts will extend…

Del SCt to determine whether TripAdvisor reincorporation to Nevada was a conflicted transaction meriting entire fairness review:
news.bloomberglaw.com/health-law-and…

When we started this reading group with The LPE Project we knew we couldn’t just talk about the theory of court reform—we needed to create space for advocates & organizers to actively plan for how we get from here to there.

That’s the work we’re starting tonight; see you there!

YES! '[M]uch of the legal professional elite, remained in a bygone cultural moment, even as none of the terms and paradigms of that moment continued to make sense of the reality confronting Americans.'

lpeproject.org/blog/toward-a-…

etienne toussaint ✊🏽 A bar exam?

join us tomorrow @ 12:15 at UMass Economics to hear Raúl Carrillo on Sam Bankman-Fried and the fall of FTX

⬇️⬇️⬇️

I'm heartbroken to say we lost my brother, Steven Attewell yesterday morning after a long struggle with cancer.

I'll put personal feelings and thoughts elsewhere, but given his and my community here, I want to talk about Steve's political and intellectual contributions.

🧵:

Happy to be part of this exciting Yale Law School LPE panel with Raúl Carrillo, Saule Omarova, Karina Patrício and Kangle Zang.
Registration: lpeproject.org/events/yls-lpe…

.Matt Levine and I are launching the Money Stuff podcast tomorrow

here’s the trailer!:
link.chtbl.com/Money-Stuff-Th…

A wonderful colleague & co-conspirator 💔💔💔

I carried this copy of his book with me everywhere when we were working on Congresswoman Ayanna Pressley’s Job Guarantee resolution. As David said, a true labor of love, for all of us

Rest in Power, Steven

+1. RIP to a real one, love and respect.

I think Professor Griggs and Barred and Bearded make a great combined point here. Messaging on bar exam abolishment shouldn’t just be about how the bar exam doesn’t guarantee good lawyers. We should start talking about how the bar exam makes law schools create less-effective lawyers

Today, Premal Dharia concludes our symposium on Jocelyn Simonson's *Radical Acts of Justice,* by discussing a crisis of purpose in public defense - whose workers must contend with the reality that a better world may obviate the need for their labor.

lpeproject.org/blog/a-crisis-…

With so many people now claiming that they’ve always understood the real purpose of issuing government securities, it feels like a good time for an open debate about the relative merits of various alternatives. 2/

I wrote a book review of Steve Bainbridge's The Profit Motive! Link and abstract:
papers.ssrn.com/sol3/papers.cf…