Colorado Law Professor Wins Prestigious Milstein Award for Groundbreaking Book on American Governance

Boulder, CO – The University of Colorado Law School announced that Professor Pierre Schlag has received the prestigious 2024 Jules Milstein Scholarship Award. Schlag’s notable work, “Twilight of the American State,” critically examines the complexities of governance in the U.S., moving beyond traditional notions of liberal democracy.

Published by the University of Michigan Press, Schlag’s book delves deep into an analysis of the American state, proposing that its legal and governmental operations extend far beyond the confines of liberal democracy. He explores the deeper bureaucratic mechanics and the growing influence of neoliberalist practices within public institutions.

Schlag provocatively suggests that the United States should also be recognized as a bureaucratic and neoliberal state, alongside its identity as a liberal democracy. He highlights how competition among private firms has evolved beyond market maneuvers to active engagement with legal and political manipulation, including lobbying for favorable legislation and regulatory exemptions.

This interaction between private sectors and government has not only increased but also become a formalized element of the U.S. state structure, according to Schlag. He emphasizes the need to more thoroughly understand these embedded relationships and their institutional impacts.

The book describes three contemporary facets of the U.S. state – the liberal democratic, the bureaucratic, and the neoliberal. Each presents its own reasoning, influences and embedded legalities, which often result in conflicting legal frameworks and public perceptions, Schlag argues. These contradictions can lead to what he describes as erratic and sometimes incoherent governance.

Schlag, in discussing his motivations, mentioned that the convergence of these government forms both inspired and necessitated a broader inquiry into their coexistence and resulting societal impacts.

“Twilight of the American State” marks a significant departure from Schlag’s previous works, launching into a more expansive analysis of governmental architecture without directly building upon his earlier projects. This ambitious approach seemingly resonated with his academic peers, as evidenced by the Milstein Award.

Reflecting on the award, Schlag expressed deep appreciation for the recognition from his colleagues. He commended the intellectual diversity and rigor of Colorado Law’s faculty, underscoring the institution’s commitment to fostering a broad spectrum of scholarly research and methodologies.

The Jules Milstein Scholarship Award recognizes a member of the Colorado Law faculty annually, honoring a significant publication that demonstrates exemplary legal scholarship. This accolade reinforces the school’s prestigious standing within the legal academic community.

Professor Schlag’s recognition underlines the relevance and urgency of discussing and dissecting the multi-layered governance structures that define contemporary U.S. politics and law. His colleagues and the broader academic community continue to laud his contribution to understanding the evolving American state.