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
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.

How Should Universities Respond to Organized Right-Wing Trolling?

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.

The So-Called Platinum Coin Option is Illegal, Even on Its Own Terms

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.

A Public Statement About Law Students (and Others) Acting Like Children, from a Fictional University President— Or, the Stanford Incident is Not What You Think

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.

Rhymes with ‘Joke’: A Word that Already Meant Nothing Now Means Even Less

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.

How Dead is Dead? Democracy is in Slightly Less Danger Today Than It Was a Week Ago

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.

Political Violence in the United States, Part Two of Two

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.

When Do Politicians Face “the Wrath of the Financial Markets”?

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.

The Ultimate Rebuttal to Anti-Debt Fearmongering: Businesses Love Debt

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.

Why Is The New York Times Giving Front-Page Coverage to Non-News About the National Debt? Part Two of Two

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.