In this second of a series of columns in response to a recent controversy at Stanford Law School, UF Levin College of Law professor Neil H. Buchanan considers how universities should respond to organized efforts to stir up politically useful controversy on campus. Professor Buchanan argues that it is a recipe for disaster to fail to see through the schemes of individuals or organizations who are acting in bad faith and that other universities should not play along.

UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf explain why the so-called platinum coin option to address the looming debt ceiling crisis is not only a bad idea but also illegal. Professors Buchanan and Dorf argue that the least unconstitutional option, if Republicans insist on crashing the economy via the debt ceiling, is for the Treasury Department to do what it always does: go into the financial markets and raise funds from willing lenders.

UF Levin College of Law professor Neil H. Buchanan assumes the role of president of a fictional university writing in response to the recent “shouting down” incident at Stanford Law School. Specifically, Professor Buchanan takes on the claim some have advanced that the law student protesters were acting like children, and he argues that in fact, the (adult) federal judge behaved in the most juvenile manner.

UF Levin College of Law professor and economist Neil H. Buchanan points out the meaninglessness of conservatives’ new favorite word, “woke.” Professor Buchanan argues that despite the word’s lack of meaning, there are some interesting lessons to be learned from at least one near-miss in the attempt to put some substance behind the epithet.

UF Levin College of Law professor and economist Neil H. Buchanan considers whether the outcome of last week’s election should cause him to revise his description of the United States as a “dead democracy walking.” He argues that while things do look slightly better, the odds are still incredibly long against our survival as a constitutional republic.

In this first of a two-part series of columns about the reality and threat of political violence in the United States, UF Levin College of Law professor Neil H. Buchanan assesses the current political situation and its implications for the immediate future. Professor Buchanan argues that, with respect to the long-term threat of political violence, the Republicans’ surprisingly narrow victory might not be the silver lining that liberals and progressives have been celebrating since Tuesday evening.

In this first of a two-part series of columns about the reality and threat of political violence in the United States, UF Levin College of Law professor Neil H. Buchanan explores the possibility that the US government will become an authoritarian, violent oppressor over the long term.

UF Levin College of Law professor and economist Neil H. Buchanan discusses the power and limits of financial markets by looking at three examples: (1) the brief tenure of former British Prime Minister Liz Truss, (2) the markets’ lack of response to the US federal debt, and (3) the possibly cataclysmic consequences if, after the midterms, a Republican-controlled Congress refuses to increase the federal debt ceiling.

UF Levin College of Law professor and economist Neil H. Buchanan offers yet another illustration of why we need not worry about the national debt—the biggest businesses do it. Professor Buchanan points out that nearly every Fortune 500 company carries debt because doing so is good financial management, and if our country were to be running a surplus, that would mean that the government is collecting more in taxes than it needs to cover current spending.

In this first of a two-part series of columns responding to a front-page article covering “non-news” about the national debt, UF Levin College of Law professor and economist Neil H. Buchanan responds to the only substantive claim the article raises. Specifically, Professor Buchanan debunks their claim that higher interest rates will create hyperinflation while the bond market melts down.

In this first of a two-part series of columns responding to a front-page article covering “non-news” about the national debt, UF Levin College of Law professor and economist Neil H. Buchanan explains how the reporters misleadingly frame a familiar (and wrong) anti-debt argument. Professor Buchanan argues that the reporters highlight an arbitrary “milestone” and inexplicably assign significance to an unremarkable and all but inevitable fact.

UF Levin College of Law professor and economist Neil H. Buchanan points out that contrary to claims by the Republican Party over the past forty years or so, the Declaration of Independence called for more government and more taxes. Professor Buchanan describes the historical context of the Declaration and argues that taxes are necessary if we want to give Americans the best kind of future that we can possibly create.

UF Levin College of Law professor and economist Neil H. Buchanan comments on the recent announcement that under one scenario, the depletion date of the Social Security trust funds is now one year later than previously predicted—now 2035. Professor Buchanan explains the significance of this announcement—that Franklin Delano Roosevelt’s visionary program will continue (for now) to protect all generations of Americans despite efforts of Republican autocrats to destroy it.

UF Levin College of Law professor Neil H. Buchanan points out that some Democratic elites are complicit in the decline of American constitutional democracy when they support conservative policies and talking points in order to preserve their own personal comfort. Professor Buchanan points to the acceptance of the empty idea of “cancel culture” and the rejection of progressive prosecutors as two examples of this complicity.

UF Levin College of Law professor and economist Neil H. Buchanan argues that the political posturing about inflation in this country is becoming increasingly ridiculous. Professor Buchanan points out that we have no idea what is an acceptable (or unacceptable) level of inflation and that despite endlessly criticizing Democrats in power for higher rates of inflation, Republicans have proposed no plan for how to reduce inflation.

UF Levin College of Law professor and economist Neil H. Buchanan explains why it is “efficient” (in one sense of that fraught word) for courts to sometimes act like legislatures—i.e., to legislate from the bench. Professor Buchanan points out that deciding cases too narrowly or incrementally causes unnecessary litigation to try to identify where courts will draw the line, particularly when the judges and justices already know where they want that line to be. He emphasizes, however, that efficiency is not the ultimate goal of the law, and minimizing litigation costs should never supersede the pursuit of justice.

In this second of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why “The Handmaid’s Tale” is a pre-documentary—not in that it predicts what literally will happen in the United States, but in that it accurately describes America’s shift toward becoming a dystopia. Professor Buchanan points out that the mechanisms are already in place for an autocratic government to dispossess citizens of their property, and the rest can be changed at will.

In this first of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why the financial situation in ‘The Handmaid’s Tale’ (specifically, the TV series version based on Margaret Atwood’s 1985 novel) is entirely possible in real life under current US law. Professor Buchanan points out that currency is merely a construct based on perceived value, and strategic changes in policies by an autocratic government could easily deprive anyone of money they think is “theirs.”

UF Levin College of Law professor and economist Neil H. Buchanan argues that Democrats should expressly reject (rather than implicitly accept) Republicans’ erroneous interpretation of the Twelfth Amendment, on the off chance it matters in the next coup attempt. Professor Buchanan explains why the Twelfth Amendment’s fallback provision applies only when the Electoral College vote is a tie.

UF Levin College of Law professor and economist Neil H. Buchanan argues that the label of “cancel culture” is a vacant concept, but because of its now widespread use, we should overuse the phrase so as to dilute and mock it. Professor Buchanan points out that, despite current popular opinion, the right to speak is not the same as a right to have other people listen.