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21 May 2014, 1:00 pm
His opinion bore a remarkable similarity to an academic paper posted to SSRN by Robert Cooter and Neil Siegel, “Not the Power to Destroy: An Effects Theory of the Tax Power,” which had been downloaded 162 times at the time of the decision. [read post]
4 Apr 2014, 8:12 am by John Mikhail
Moreover, these “other powers” are distinct from the powers encompassed by the first Necessary and Proper Clause, which by its terms are limited to whatever instrumental powers are necessary and proper to carry into effect the “foregoing powers” vested in Congress by Article I, Section 8.The second Necessary and Proper Clause was intended to achieve precisely this objective: to declare and to incorporate into the Constitution the doctrines of implied and inherent powers that… [read post]
23 Jul 2012, 2:55 pm by rmorgan
Robert Cooter quoted in The National Law Journal, June 4, 2012 In what some scholars consider the most important approach to understanding federalism and the Constitution in recent years, collective-action federalism is the brainchild of Neil Siegel of Duke Law School and Robert Cooter of the University of California, Berkeley School of Law. [read post]
17 Jul 2012, 5:50 am by JB
A version of these will appear in the 2012 Supplement to Brest, Levinson, Balkin, Amar and Siegel, Processes of Constitutional Decisionmaking (5th edition). [read post]
11 Jul 2012, 5:00 am by Paul Caron
Cooter (UC-Berkeley) & Neil Siegel (Duke), Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power, 98 Va. [read post]
10 Jul 2012, 7:17 am by Nabiha Syed
Sebelius, Neil Siegel and Robert Cooter discuss their theory of the tax power and how it justifies the Chief Justice’s analysis. [read post]
10 Jul 2012, 7:17 am by Nabiha Syed
Sebelius, Neil Siegel and Robert Cooter discuss their theory of the tax power and how it justifies the Chief Justice’s analysis. [read post]
9 Jul 2012, 9:48 am by Neil Siegel and Robert Cooter
Selvin Professor of Law at Berkeley Law School, and Neil Siegel, Professor of Law and Political Science at Duke Law School. [read post]
6 Jul 2012, 7:21 pm by vm40@duke.edu
The decision appears to agree with a view of the tax power developed by Duke Law Professor Neil Siegel and UC Berkeley Law Professor Robert Cooter in a forthcoming law review article (read the article on SSRN; read a summary on Balkinization). [read post]
5 Jul 2012, 2:14 pm by Randy Barnett
[Generally cleaned up text and added an update] [UPDATE:  From the abstract it looks like Neil Siegel and Bob Cooter anticipated Chief Justice Roberts approach in their paper, Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power and may even have provided him with the road map for his analysis. [read post]
1 Jul 2012, 9:26 am by Marc DeGirolami
SECOND ADDENDUM: Neil Siegel has something on this as well (referring in his post to a forthcoming Va. [read post]
29 May 2012, 7:05 pm by Ilya Somin
(Ilya Somin) Co-blogger Jonathan Adler points out several weaknesses in the collective action theory approach to interpreting constitutional federalism advocated by a number of academics, most notably Robert Cooter and Neil Siegel. [read post]
29 May 2012, 6:18 pm by Jonathan H. Adler
” The case for a “collective action federalism” of this sort has been made at greater length by Neil Siegel and Robert Cooter in the Stanford Law Review, and by Professor Siegel on these pages. [read post]
1 Apr 2012, 4:45 am by Lawrence Solum
Robert Cooter (UC Berkeley Law) & Neil Siegel (Duke University School of Law) have posted Collective Action Internationalism on SSRN. [read post]
9 Feb 2012, 9:05 pm by Paul Caron
Cooter (UC-Berkeley) & Neil Siegel (Duke), Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power: Article I, Section 8 of the U.S. [read post]
1 Feb 2012, 8:20 am by Lawrence Solum
Cooter (University of California, Berkeley - School of Law) & Neil Siegel (Duke University - School of Law) have posted Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power on SSRN. [read post]
14 Sep 2011, 9:01 am by Neil Siegel
Participants will include Matthew Adler, Jack Balkin, Stuart Benjamin, James Boyle, Erwin Chemerinsky, Guy Charles, Robert Cooter, Mark Hall, Gillian Metzger, Abigail Moncrieff, Arti Rai, Barak Richman, Theodore Ruger, Stephen Sachs, Neil Siegel, Ilya Somin, and Ernest Young.A description of the conference and a link to the conference agenda are available here.The event is open to the public. [read post]
14 Sep 2011, 8:36 am by Kiera Flynn
  Speakers will include Matthew Adler, Jack Balkin, Stuart Benjamin, James Boyle, Erwin Chemerinsky, Robert Cooter, Mark Hall, Gillian Metzger, Abigail Moncrieff, Arti Rai, Barak Richman, Theodore Ruger, Stephen Sachs, Neil Siegel, Ilya Somin, Guy-Uriel Charles and Ernest Young. [read post]