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9 Jun 2023, 7:30 am by Guest Blogger
  Other scholars – Michael McConnell and Randy Picker and David Skeel and Gillette – have argued Chapter 9 bankruptcy courts should consider using their discretion in these cases to encourage or force pretty substantial reforms in municipal policy, from tax increases to moving to at-large from districted methods of electing city councilmembers. [read post]
31 May 2023, 2:01 pm by Guest Author
Previously arcane arguments over the constitutionality of the public debt limit now make headlines.[1]  At the same time, debate swirls around whether the President of the United States has the constitutional authority, resting on Section Four of the 14thamendment, to ignore the debt limit. [read post]
30 May 2023, 4:00 am by Neil H. Buchanan
  Those two topics appear to have virtually nothing in common, but when sophists get their grooves on, there are certain common go-to moves that they cannot resist.It seems like a million years ago at this point, but it has been barely two weeks since the editorial page of The New York Times decided to publish a guest op-ed by a conservative law professor named Michael McConnell. [read post]
22 May 2023, 9:01 pm by Neil H. Buchanan
His misanalysis is quite enlightening.Last week, I wrote a column here on Verdict in which I ridiculed a recent guest op-ed in The Times by a conservative professor named Michael McConnell, who set up one of the most transparently weak strawman arguments that I have ever seen. [read post]
19 May 2023, 11:15 am by Gerard Magliocca
One argument about Section Four of the Fourteenth Amendment that I want to knock down is the idea--advanced by Michael McConnell and Sai Prakash--that Section Four prohibits only the outright repudiation of the national debt. [read post]
18 May 2023, 10:41 am by Neil H. Buchanan
  Some of the best were when I read a New York Times op-ed by a law professor named Michael McConnell this past Sunday, in which he repeated almost verbatim some weak arguments that he had made in 2012. [read post]
18 May 2023, 5:01 am by Eugene Volokh
I take those five approaches in my book, plus a more recent one—of Professor Michael McConnell—and apply them to Baby Ninths. [read post]
17 May 2023, 9:02 pm by Neil H. Buchanan
” Professor Michael McConnell’s name is on that piece, but I confess that I am almost tempted to think that it was written by ChatGPT, because there were only a few points in the piece in which it was possible to discern any attempt at an argument, and more importantly, at no point did the piece address the actual Buchanan-Dorf arguments that Tribe summarized.I should note that maybe-McConnell did not even read Tribe’s piece, much less anything by Dorf… [read post]
15 May 2023, 8:23 am by Jonathan H. Adler
In yesterday's New York Times, Michael McConnell explains why "The idea that the 14th Amendment gives the president unilateral power to borrow is dangerous nonsense. [read post]
14 May 2023, 2:31 pm by Joseph Fishkin
The “x-date” is the date when it’s no longer possible for the Biden Administration to keep following all the laws Congress has passed—laws requiring specific spending, laws setting tax rates, and a law from 1917 that sets a debt limit—absent some extraordinary maneuver. [read post]
14 May 2023, 12:14 pm by Paul Horwitz
I admit that when I read the title of Steve's post below, I assumed it would be about other aspects of the rhetoric in Michael McConnell's op-ed about the constitutional aspects of the debt limit debate. [read post]
14 May 2023, 7:39 am by Steve Lubet
Michael McConnell, former federal appeals judge and current Stanford law prof, has a column in the New York Times calling on Pres. [read post]