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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 ...
Trade and the Separation of Powers
(California Law Review, 2019)
There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under ...
Trade and the Separation of Powers
(California Law Review, 2019)
There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under ...
Taking Antitrust Away from the Courts
(Great Democracy Initiative, 2018)
A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust ...
Countering Nationalist Oligarchy
(Democracy: A Journal of Ideas, 2019)
The real threat to liberal democracy isn’t authoritarianism--it's nationalist oligarchy. Here's how American foreign policy should change.
The Middle-Class Constitution: A Response
(Boston University Law Review Online, 2018)
I am very grateful to the Boston University Law Review for bringing together such a terrific group of scholars to engage with my book, The Crisis of the Middle-Class Constitution: Why Economic Inequality ...