Now showing items 1-10 of 16
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, ...
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 ...
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 ...
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 ...
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 ...
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.
(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 ...
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 ...
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 ...