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The Normalization of Foreign Relations Law
(Harvard Law Review, 2015)
The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
Economic Structure and Constitutional Structure
(Texas Law Review, 2016)
In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional ...
Reforming Regulation
(Politico Magazine, 2016-11-01)
The debate over federal regulation has long been at the center of political contests. But surprisingly, the degree of agreement about regulation is considerable. No serious commentator denies that regulation is essential ...
Credibility and War Powers
(Harvard Law Review, 2014)
In late August 2013, after Syrian civilians were horrifically attacked with sarin gas, President Barack Obama declared his intention to conduct limited airstrikes against the Syrian regime of President Bashar al-Assad. A ...
Contracting Around "Citizens United"
(Columbia Law Review, 2014)
The Supreme Court’s decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, ...
Behavioral War Powers
(New York University Law Review, 2015)
A decade of war has meant a decade of writing on war powers. From the authority to start a war, to restrictions on fighting wars, to the authority to end a war, constitutional lawyers and scholars have explored the classic ...
How to Save the Supreme Court
(Yale Law Journal, 2019)
The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory ...
Countering Nationalist Oligarchy
(Democracy: A Journal of Ideas, 2019)
The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich ...
A Blueprint for a New American Trade Policy
(The Great Democracy Initiative, 2018-12)
In this paper, we offer ten recommendations on how to reform American trade policy. These reforms respond to three fundamental challenges: (1) our trade bureaucracy is poorly designed to craft and execute a trade policy ...
Unbundling Too Big to Fail
(Center for American Progress, 2014)
Since the 2008 financial crisis, the problem of financial institutions being "too big to fail," or TBTF, has been front and center in the public debate over the reform and regulation of the financial industry. Commentators ...