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
More Realism About Leaving the United States (or Any Country): Part Two in a Series

In this second of a series of columns, University of Toronto visiting law professor and economist Neil H. Buchanan explores whether Americans concerned about Donald Trump’s potential return to office can realistically relocate to other countries, drawing from the his personal experience as an expatriate and broader analysis of international migration patterns. Professor Buchanan argues that large-scale emigration from the U.S. is virtually impossible due to logistical constraints in host countries (even immigrant-friendly ones like Canada), noting that even temporary surges in immigration can overwhelm countries’ housing, healthcare, and education systems while potentially triggering xenophobic political backlash.

The Daunting Realities of Trying to Leave the Country

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the practical realities and challenges of Americans considering emigration in response to concerning political developments, particularly following recent election results. Professor Buchanan, who himself emigrated, argues that while the desire to leave may be legitimate, actually relocating abroad is a realistic option for very few people due to the expensive and complex immigration process, increasingly restrictive immigration policies worldwide (even in traditionally welcoming countries like Canada), and practical limitations in destination countries’ abilities to absorb large numbers of immigrants.

Harris Wins, 268-251!! (Or, Don’t Make the “House-Decides Error”)

University of Toronto visiting law professor and economist Neil H. Buchanan discusses a constitutional interpretation regarding the requirements for winning the U.S. presidency through the Electoral College, specifically addressing scenarios where some state electors are not appointed. Following up on an argument he has made with Professors Michael Dorf and Laurence Tribe, Professor Buchanan argues that, contrary to popular belief (the “House-decides error”), under the Twelfth Amendment, a candidate does not need 270 electoral votes to win the presidency but only a majority of actually appointed electors. Professor Buchanan points out this means that successfully blocking some state electors, as Donald Trump likely will try to do, would not automatically force the decision to the House of Representatives unless there is an actual tie or a third-party candidate prevents either major candidate from achieving a majority of appointed electors.

Vance Vance Devolution

University of Toronto visiting law professor and economist Neil H. Buchanan critiques J.D. Vance’s candidacy, highlighting the increasing negativity he brings to the Republican Party and his role in worsening the political culture in the U.S. Professor Buchanan argues that Vance embodies cruelty and harmful politics, particularly through his promotion of racist and sexist narratives, while undermining legitimate policy discussions.

Muddled Thinking, Bad Arguments, and Bad-Faith Accusations of Flippery-Floppery: Part Two of Two

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses the poor state of political discourse in the United States. Professor Buchanan argues that Donald Trump and J.D. Vance frequently make incoherent or illogical statements that are not held to proper scrutiny, while Kamala Harris is unfairly criticized for making actual arguments and evolving her views based on new information or political realities.

Muddled Thinking, Bad Arguments, and Bad-Faith Accusations of Flippery-Floppery: Part One of Two

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses accusations of “flip-flopping” against Vice President Kamala Harris and examines the broader issue of how policy changes are perceived in political discourse. Professor Buchanan argues that Harris’s policy adjustments reflect evolving strategies rather than changes in core values, and he criticizes the media for mischaracterizing such adaptations as inconsistency, while also pointing out the double standard applied to Democrats compared to Republicans on this issue.

Republicans Want Trump to Focus on Their Policy Stances? Really?! Part Two of Two

In this second part of a two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan examines recent Republican advice for Donald Trump to focus on “policy" rather than grievances in his presidential campaign. Professor Buchanan expands on the arguments he introduced in Part One, providing examples of Trump’s policy-free rhetoric and explaining why Republicans don’t actually want substantive policy discussions, as their specific policy positions are largely unpopular with voters.

Republicans Want Trump to Focus on Their Policy Stances? Really?! Part One of Two

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses recent Republican advice for Donald Trump to focus on policy rather than “culture wars” in his presidential campaign. Professor Buchanan argues that this advice is misguided because Republicans lack popular policy positions, and their call for Trump to “talk policy” actually means inflaming voters’ emotions on select issues like immigration and the economy without offering substantive solutions.

Confused Appeals to Democracy, the Surprisingly Strong Harris Candidacy, and a Fair Assessment of Biden

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the recent political developments in the United States, specifically Joe Biden’s decision to withdraw from the 2024 presidential race and Kamala Harris’s emergence as the likely Democratic nominee. Professor Buchanan argues that while this change has brought optimism to those opposing Trump, it also reveals flaws in arguments about democracy and party processes, criticizes both Republican and Democratic responses to the situation, and calls for a more nuanced view of Biden’s decision to step down.

It’s Not Just the “Cat Ladies” Thing: Vance’s Disqualifying Misunderstanding of How Society Works

University of Toronto visiting law professor and economist Neil H. Buchanan critiques J.D. Vance’s performance as a vice-presidential candidate and his controversial statements about parenthood, family, and voting rights. Professor Buchanan argues that Vance’s views on parenthood and societal investment are deeply flawed, emphasizing that all individuals, regardless of parental status, have a stake in society’s future and that Vance's narrow understanding of human interdependence renders him unfit for leadership.

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.