Given the manifest flaws of the U.S. Constitution, how did Americans come to idolize this document? Aziz Rana kicks off a symposium on his new book, The Constitutional Bind, by reflecting on the path that led to our current political predicament, and how long-buried Left thinking about state and economy might help us find our way out of it.

With the spring submission season nearly in the books, we highlight some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering antitrust, legal theory, climate change, religion, disability, labor, consumer protection, criminal law, and so much more, this scouting report is not to be missed.

Disagreement over recent TikTok legislation reveals a deep divide about our current political moment. Should we, like many of the bill’s proponents, assume the existence of a functional, liberal state whose machinery tends toward justice? Or do recent illiberal trends give us reason to reject this assumption? Before we move to further concentrate global surveillance and propaganda power in the hands of the United States, we should be clear-eyed about the threats to speech and privacy that emanate from within.

Campus culture wars over DEI programs, gender nonconformity, and student debt cancellation might seem like distractions from the real problems facing higher education. However, they all tell us something important about the purpose of higher ed, because they all concern the central questions of hierarchy and its reproduction.

Earlier this year, a landlord presented a group of Kansas City tenants with the following choice: renew their leases at triple the rent or move. But rather than accept these terms, the tenants came together and declared “we won’t go.” This rejection of the options presented to them, originally a reflection of their desperation, soon became an expression of their power.

Efficiency is a slippery term, and legal scholars frequently shift between distinct and even incompatible meanings as is convenient. This lack of clarity can inhibit students from challenging certain claims. To ask “but what do you mean by efficiency?” can make one appear unsophisticated or pedantic. But that’s precisely the question we should be asking. Because there are good reasons to reject the notions of “efficiency” usually taught in 1L classes, even if — in fact, precisely because — we have good reason to value other forms of efficiency.