Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of Toronto Law school. He is the James J. Freeland Eminent Scholar Chair in Taxation Emeritus at the University of Florida's Levin College of Law. Professor Buchanan blogs at Dorf on Law.

Columns by Neil H. Buchanan
A Fourth Tragedy of Political Violence

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the aftermath of a recent shooting incident at a Donald Trump rally, exploring the various narratives, conspiracy theories, and political implications that have emerged. Professor Buchanan argues that the deeply polarized nature of current American politics makes it nearly impossible for people to agree on a shared understanding of events, potentially exacerbating political divisions and undermining the democratic process.

Three Tragedies of Political Violence

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the recent shooting at a Trump rally and its implications for American politics and society. Professor Buchanan argues that the incident represents three interconnected tragedies: the personal loss of life and injury, the failure of the political system to prevent such violence, and the inability of the public to reach a consensus on what actually happened due to the current polarized and conspiratorial political climate.

Biden and the Democrats Who Are Backing Him Need to Stop with the Self-Righteousness: The Stakes Are Too High

Law professor and economist Neil H. Buchanan discusses the debate within the Democratic Party about whether President Joe Biden should continue as the nominee for the 2024 presidential election. Professor Buchanan argues that those calling for an open discussion about potentially replacing Biden are being unfairly attacked and silenced by Biden supporters and contends that having this conversation is crucial for the party’s chances of defeating Donald Trump and preserving American democracy.

Does the Biden Stay-or-Go Debate Matter If We Are Already a Dead Democracy Walking?

Law professor and economist Neil H. Buchanan discusses the potential outcomes of the 2024 U.S. presidential election, focusing on Joe Biden’s performance in a recent “non-debate” event and the broader implications for the Democratic Party and American democracy. Professor Buchanan argues that even if Biden is replaced as the Democratic nominee, Republican efforts to manipulate the electoral system and a heavily biased Supreme Court make a Trump presidency likely regardless of the election results, but he emphasizes that Democrats should still strive to win legitimately to strengthen future resistance against autocratic rule.

Delaying Trump’s Trials Is What Savvy Democrats Should Have Wanted All Along

Law professor and economist Neil H. Buchanan discusses the conventional wisdom that delays in Donald Trump’s legal cases benefit him politically, as Trump hopes to win the 2024 election before facing legal consequences. However, Professor Buchanan argues that these delays actually help President Joe Biden and the Democrats, and that convictions prior to the election would not significantly harm Trump’s political chances, making the delays the best realistic outcome for those who oppose Trump.

Is President Biden Being a Supportive Friend or a Too-Trusting Enabler in the Aftermath of October 7?

Law professor and economist Neil H. Buchanan argues that Democratic primary voters were not adamantly opposed to Joe Biden but preferred other candidates, and while his presidential nomination was initially disappointing for some, his decency and surprising policy actions have been a positive aspect of his presidency. Professor Buchanan draws an analogy between Biden’s empathetic support of his son’s struggles and his approach to foreign policy, especially in relation to Israel, suggesting that Biden’s personal experiences with empathy and loss have informed his measured, empathetic foreign policy stance, despite some critics wishing for a firmer response to Israeli actions.

Those Who Downplay Bigotry and Extremism Enable Bigotry and Extremism

Law professor and economist Neil H. Buchanan argues that mainstream media’s self-reckoning after the 2016 U.S. presidential election led to an overcompensation, which gave platforms to conservative “outside voices” that did not authentically represent the “Real America” they claimed to understand. Professor Buchanan criticizes this overcompensation for leading to an uncritical amplification of narratives like Gary Abernathy’s, which justify and perpetuate the divisive and false beliefs held by Trump supporters, while failing to meaningfully engage with the deeper issues.

Why Stay to Fight a Losing Battle? (Part Two of a Series)

Professor Neil H. Buchanan—an economist and legal scholar who is a visiting professor at both Osgoode Hall Law School and the University of Toronto Law, and who has accepted a research sabbatical and retirement offer from the University of Florida—discusses the erosion of academic freedom and tenure in universities, specifically focusing on recent legislative changes in Florida that undermine intellectual freedom. Professor Buchanan argues that the political climate has made it nearly impossible to challenge these changes effectively, leading him to conclude that sometimes a strategic retreat is necessary when facing an unyielding and empowered opposition.

Fighting the Good Fight versus Knowing When to Move On (Part One of a Series)

Professor Neil H. Buchanan, a professor who has accepted a research sabbatical and retirement offer from the University of Florida, explains his decision to leave. He cites Florida’s increasingly hostile stance towards professors and higher education, driven by the state’s Republican Party, as the main cause for his departure, expressing concern over the state’s attacks on tenure, academic freedom, and its enactment of vaguely written laws that could compromise educational integrity, leading to a “brain drain” from the state.

Joe Versus the Volcano: How Biden’s Debt Ceiling Deal Could Engulf the World Next Time

In this second of a series of columns conducting a postmortem on the debt ceiling crisis, UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf explain why the temporary resolution of the debt ceiling crisis may result in an even higher cost when the issue arises again on January 2, 2025. Professors Buchanan and Dorf argue that the debt ceiling statute can only ever operate as a source of leverage for extortionists or, if neither side blinks, as the means of inflicting terrible damage to the country.

Republican One-Party Rule Might—Might—Not Be Inevitable

UF Levin College of Law professor and economist Neil H. Buchanan suggests a sliver of a possibility that Republicans’ attempt to impose one-party rule on the United States might fail. Professor Buchanan’ points out that Republican presidential hopeful Ron DeSantis’s argument that he, unlike Donald Trump, could hold the presidency for eight years might be the best reason for Republicans in Congress to allow him to lose.

President Biden’s “Win” in the Debt Ceiling Battle Was a Better Result than Expected, But Dangerous Nonetheless

In this first of a series of columns conducting a postmortem on the debt ceiling crisis, UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf point out that President Biden’s debt ceiling resolution appears to have won the politics of 2023 and 2024 and sidestepped another huge crisis. However, Professors Buchanan and Dorf consider whether these short-term victories will have longer-term costs that prove even more extreme.

Will the Democrats Unilaterally Disarm on the Debt Ceiling in the Name of Being “Normal”?

UF Levin College of Law professor and economist Neil H. Buchanan points out that, if we reach the drop-dead date of the debt ceiling, both options available to President Joe Biden will be unprecedented, destabilizing, and risky. Professor Buchanan argues that Biden’s least bad choice in that situation is to continue to pay the nation’s bills and that doing anything else for the sake of seeming “normal” is more dangerous for the economy and the country.

The Debt Ceiling Crisis Provides No Cautious Way Out for Biden, Legally or Politically

UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf explain the options currently available to President Biden for handling the impending debt ceiling crisis. Professors Buchanan and Dorf argue that while the best option would have been to announce from the outset that the debt ceiling is unconstitutional, the President’s current least bad option is, if the drop-dead date arrives, to continue to pay the nation’s debts notwithstanding the debt ceiling.

Justifying Republican Hostage-Taking as Merely Normal Negotiating is Sophistry at Its Worst

UF Levin College of Law professor and economist Neil H. Buchanan responds to a recent New York Times op-ed by Professor Michael McConnell that purports to defend congressional Republicans’ posture regarding the debt ceiling. Professor Buchanan argues that Professor McConnell’s entire argument is a strawman, fails to engage with the key points it purports to counter, and provides at most only the most inadequate fig leaf for Republicans’ willingness to endanger people’s livelihoods for political gain.

Can Dark Brandon Scare Republicans into Increasing the Debt Ceiling?

UF Levin College of Law Professor Neil H. Buchanan and Cornell Law Professor Michael C. Dorf point out that if Republicans insist on using the debt ceiling to hold the economy hostage, President Joe Biden will be the one to decide which debts to prioritize. Professors Buchanan and Dorf argue that although the decision of which debts to prioritize should not belong to the President, Republicans give President Biden—or his less virtuous alter-ego “Dark Brandon”—no choice but to decide which debts to pay first, at their own risk.

Fallback Bonds: A Debt Ceiling Workaround that Actually Works

UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf respond to two types of pushback from proponents of schemes to circumvent the debt ceiling. Though dubious about any such proposal, Professors Buchanan and Dorf express hope that a court would disagree and find an option—such as fallback bonds—permissible, allowing the country to avoid financial catastrophe and a constitutional crisis.

A Debt is a Debt is a Debt: Exotic Bonds are No More Legal than Jumbo Coins or Refusing to Pay Our Obligations

UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf continue their discussion of the assortment of illegal options President Joe Biden has available to him if Republicans refuse to raise the debt ceiling. Professors Buchanan and Dorf argue that because there are no loopholes or escape hatches in the debt ceiling statute, if put into that untenable position, President Biden should minimize the damage and simply issue normal Treasury securities—the “least unconstitutional” option.

Debt Ceiling Blackmail and Gimmicks to Avoid It Are Two Sides of the Same Coin

UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf provide yet another reason against the proposal that the government should mint a multi-trillion-dollar platinum coin to avoid the impending debt ceiling crisis. Professors Buchanan and Dorf point out that if trillion-dollar platinum coins are legal to avoid a debt-ceiling crisis, that would lead to the absurd result that they would always be legal as a means of substituting modern monetary theory (MMT) for the entire apparatus of public finance.

The Figurative and the Literal: Disagreeable Speech versus Intimidation and Physical Attacks

Continuing his discussion of the incident at Stanford Law School, UF Levin College of Law professor Neil H. Buchanan explains the essential difference between disagreeable speech and intimidation and threats of physical violence. Professor Buchanan reminds us that the consequences of being disfavored and vulnerable are not a matter being socially unpopular, but matters of life and death.