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14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
Accordingly, in an accompanying essay on the Dorf on Law blog, we work through some further details about how the debt ceiling statute would treat premium bonds. [read post]
16 Apr 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Writing separately, we have suggested that a platinum coin that was deposited with the Fed would count as “debt” and thus would not even achieve the goal of keeping the US below the ceiling (Buchanan) and that advocates’ overly broad reading of the Coinage Act is likely a violation of the reasonableness requirement for agency interpretations that aim to fill statutory gaps (Dorf). [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
When one of the current authors (Buchanan) used to teach economics courses at the university level, consols were a favorite hypothetical financial instrument, because the arithmetic for determining their value is shockingly simple. [read post]
16 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Even that, however, would not help Republicans.Let us imagine that the White House follows the Buchanan-Dorf plan and tells the Treasury to keep calm and carry on. [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As one of us (Dorf) explained in a column on May 10, “there’s a difference between ‘would be litigated’ and ‘would have to be litigated. [read post]
6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
As we described earlier this week in a column on Dorf on Law, there are various scenarios in which the debt ceiling at that point will be a political non-issue, with an incoming Republican President wanting to increase the debt ceiling and being joined either by a compliant Republican-dominated legislative branch or by a Democratic Party that would not be willing to hold the world hostage. [read post]
1 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
As we explain in an accompanying essay on Dorf on Law, we got all of the technical points right, while our critics got nearly everything wrong.Details aside, we emphatically reject the claim that we would ever consciously try to deceive our readers. [read post]
In a stunning public admission of a plan to distort our democracy, Donald Trump has been telling his audiences that he will win the 2020 election without winning more votes than Joe Biden. [read post]
30 Mar 2016, 9:01 pm by Neil H. Buchanan
What I call the “baseline problem” is the simple notion that there is no set of laws that is obviously the right-and-true minimal set of laws, with any deviation from those laws a violation of the laws of nature.On one of my recent Dorf on Law posts regarding international trade, my fellow Verdict columnist Michael Dorf offered the following thought experiment:The internal trade law of the U.S. [read post]
9 Mar 2020, 2:00 am by mes286
Stevens Professor of Law, Cornell Law School, and Neil H. [read post]
23 Oct 2013, 9:01 pm by Neil H. Buchanan
Implementing the Buchanan-Dorf Strategy Before the Next Crisis Begins: Declaring the Debt Ceiling a Dead Letter Without Brinksmanship Many readers might have seen recent discussions of an argument that Professor Michael Dorf and I have developed over the last two years. [read post]