The Podvocate by Loyola University Chicago School of Law
202 episodes
3 days ago
In this episode, Julian kicks off a new series on Law and Political Economy (LPE) by examining foundational assumptions of how we see the law. Using David Foster Wallace’s “This is Water” as a frame to examine legal consciousness, Julian walks through what LPE scholars call the "Twentieth-Century Synthesis," and how prevailing legal thought has created a split between "market law" and "rights law." He traces how Law and Economics constructed legal common sense, and what that means for law students and lawyers in the critical examination of their field.
If you're interested in this week topic, please check out these resources to learn more:
David Singh Grewal, Amy Kapczynski, and Jedidiah Britton-Purdy, Toward a Manifesto (2017)
Samuel Aber, Neoliberalism: An LPE Reading List and Introduction, LPE Project (Aug. 10, 2020)
Samuel Aber, Legal Realism: An LPE Reading List and Introduction, LPE Project (Aug. 9, 2020)
Kendall Thomas, Law After Neoliberalism (course syllabus, Columbia Law School), LPE Project Syllabi (Jan. 23, 2025)
Amy Kapczynski, Law & Political Economy (course syllabus), LPE Project Syllabi (Sept. 27, 2022)
Luke Norris, Law & Political Economy (course syllabus, Univ. of Richmond School of Law, Fall 2023)
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In this episode, Julian kicks off a new series on Law and Political Economy (LPE) by examining foundational assumptions of how we see the law. Using David Foster Wallace’s “This is Water” as a frame to examine legal consciousness, Julian walks through what LPE scholars call the "Twentieth-Century Synthesis," and how prevailing legal thought has created a split between "market law" and "rights law." He traces how Law and Economics constructed legal common sense, and what that means for law students and lawyers in the critical examination of their field.
If you're interested in this week topic, please check out these resources to learn more:
David Singh Grewal, Amy Kapczynski, and Jedidiah Britton-Purdy, Toward a Manifesto (2017)
Samuel Aber, Neoliberalism: An LPE Reading List and Introduction, LPE Project (Aug. 10, 2020)
Samuel Aber, Legal Realism: An LPE Reading List and Introduction, LPE Project (Aug. 9, 2020)
Kendall Thomas, Law After Neoliberalism (course syllabus, Columbia Law School), LPE Project Syllabi (Jan. 23, 2025)
Amy Kapczynski, Law & Political Economy (course syllabus), LPE Project Syllabi (Sept. 27, 2022)
Luke Norris, Law & Political Economy (course syllabus, Univ. of Richmond School of Law, Fall 2023)
Without Permission: Presidential Power and Federalized Troops
The Podvocate
43 minutes 19 seconds
1 month ago
Without Permission: Presidential Power and Federalized Troops
In this week's episode, associate editor Carter Pasternak explores President Donald Trump’s 2025 efforts to federalize state National Guard units and deploy active-duty military forces in U.S. cities, beginning in California, extending to Washington, D.C., and now Chicago. It examines how these actions raise profound constitutional questions about the balance between state sovereignty and federal power. The discussion traces the issues’ constitutional roots, outlines the statutory framework, and explores possible loopholes available to the executive. The episode reviews Newsom v. Trump before turning to Illinois, where similar legal challenges could set a lasting precedent for the future role of the military in American civil life and the scope of presidential discretionary power within the states.
If you're interested in the episode's topic please check out these resources to learn more:
https://www.cfr.org/backgrounder/what-does-us-national-guard-do
https://www.lawfaremedia.org/article/defining--rebellion--in-10-u.s.c.---12406-and-the-insurrection-act
https://protectdemocracy.org/work/domestic-deployment-military-explained/
https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained?utm.com
https://www.brennancenter.org/our-work/analysis-opinion/presidents-power-call-out-national-guard-not-blank-check?utm.com
https://www.brookings.edu/articles/how-can-the-president-put-soldiers-on-the-streets-of-los-angeles/
https://statesunited.org/resources/newsom-v-trump/
https://www.lawfaremedia.org/article/the-lingering-uncertainty-in-judge-breyer-s-newsom-v.-trump-ruling?utm.com
The Podvocate
In this episode, Julian kicks off a new series on Law and Political Economy (LPE) by examining foundational assumptions of how we see the law. Using David Foster Wallace’s “This is Water” as a frame to examine legal consciousness, Julian walks through what LPE scholars call the "Twentieth-Century Synthesis," and how prevailing legal thought has created a split between "market law" and "rights law." He traces how Law and Economics constructed legal common sense, and what that means for law students and lawyers in the critical examination of their field.
If you're interested in this week topic, please check out these resources to learn more:
David Singh Grewal, Amy Kapczynski, and Jedidiah Britton-Purdy, Toward a Manifesto (2017)
Samuel Aber, Neoliberalism: An LPE Reading List and Introduction, LPE Project (Aug. 10, 2020)
Samuel Aber, Legal Realism: An LPE Reading List and Introduction, LPE Project (Aug. 9, 2020)
Kendall Thomas, Law After Neoliberalism (course syllabus, Columbia Law School), LPE Project Syllabi (Jan. 23, 2025)
Amy Kapczynski, Law & Political Economy (course syllabus), LPE Project Syllabi (Sept. 27, 2022)
Luke Norris, Law & Political Economy (course syllabus, Univ. of Richmond School of Law, Fall 2023)
