Justia columnist and former counsel to the president John Dean contends that internal investigations can be one effective way in which an institution's scandal might dissipate and the relevant institution may move on. Dean supports his provocative thesis with a number of intriguing examples.

Justia columnist, George Washington law professor, and economist Neil Buchanan debunks the common claim that we spend too much money on seniors and too little on children. Conservatives and “centrist” Democrats claim that, because of this supposed disparity, Social Security and Medicare are too generous and must be cut. In fact, Buchanan explains, our country puts a lot more of its resources into children than we generally understand, but most of it is hidden from view.

Justia columnist and former counsel to the president John Dean comments on the nature of scandals generally, and on Chris Christie’s Bridgegate scandal in particular—which arose from Christie’s and/or his aide’s decision to close a lane of the George Washington Bridge. Dean suggests that the Bridgegate scandal, rather than winding down, may well be just getting started.

Justia columnist, George Washington law professor, and economist Neil Buchanan thoroughly debunks the oft-cited Republican claim that Obamacare will “kill” millions of jobs. Moreover, Buchanan points to some of the important pluses of Obamacare, such as the end of “job lock,” which occurs when a worker is stuck in a job he or she wants to leave, but cannot do so due to the fear of losing his or her health insurance.

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the latest iteration of the ongoing debt ceiling melodrama. However, Buchanan points out that we need not endure all these iterations, given the basic point that the debt ceiling is flatly unconstitutional. Buchanan contends that President Obama should long ago have simply said that the debt ceiling cannot supersede the spending and taxing laws that Congress has passed. Here, Buchanan and fellow Justia columnist Michael Dorf, a Cornell law professor, offer a new analysis, contending that Congress has already guaranteed that the President will violate the debt ceiling, even if he tries not to do so.

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the subject of income inequality in America, now a key topic once again. Buchanan criticizes President Obama's belated embrace of equality, and the actions of those whom Buchanan describes as the self-styled pragmatists and centrists who dragged Democrats to the right.

Justia columnist and former counsel to the president John Dean comments on the serious and building scandal that New Jersey Governor and potential Republican presidential candidate Chris Christie has on his hands, regarding allegations that he and/or his staff knowingly used their power for political reasons—specifically to allegedly close two toll booth lanes onto the George Washington Bridge as an act of political retribution.

Justia columnist and U.C. Davis law professor Vikram Amar comments on Silicon Valley billionaire investor Tim Draper's proposed plan to divide up California into six separate states, on the ground that California’s diverse population and economies currently render the state nearly ungovernable. In this column, Amar spots and preliminarily analyzes some of the major issues that may arise regarding Draper's plan. (If and when the proposed measure successfully moves through various stages of the political process, Amar will likely offer a more detailed analysis of many of the questions that the plan raises.)

Justia columnist, George Washington law professor, and economist Neil Buchanan argues that, in the inevitable 2014 debt-ceiling fight, unless President Obama changes his approach, the Fed will be forced to spend enormous political capital defending the financial system. The damage that would then ensue, Buchanan notes, could take decades to fix, if it could be fixed at all.

Justia columnist, George Washington law professor, and economist Neil Buchanan describes a way in which America can avoid another debt-ceiling crisis in 2014. Indeed, Buchanan points out that there is now a clear political path by which the Democrats could neutralize that threat. Moreover, the Constitution, he points out, is on the Democrats’ side, and their recent experience with the fight over the Senate’s filibuster rules should give the Democrats the confidence they need to move forward.

Justia columnist and Cornell law professor Michael Dorf explains the politics behind filibuster reform, in the wake of the elimination of the rule requiring a supermajority vote to end debate—and thus to move to a merits vote—on presidential nominations to the lower federal courts and executive offices.

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the Republicans’ recent extreme negotiating strategies, and suggests more moderate approaches that might well be much more fruitful, if the parties were to negotiate in good faith and genuinely seek compromise.

Justia columnist and former counsel to the president John Dean comments on the Republicans’ filibusters of judges nominated for federal Circuit Court seats. He notes that this is a pure Nixonian technique, as well as a standard contemporary GOP procedure. Dean also comments on the first GOP filibuster, in 1968. Dean also comments on when Democrats will retaliate.

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on possible fault lines within the Republican party, specifically affecting extreme and ultra-extreme conservatives. Buchanan also asks an interesting question: What would it take for supposedly “reasonable” conservatives finally to give up on the extreme modern Republican Party? And, on a personal note, Buchanan describes the changes in political leanings in his own family as they related to changes in the Republican Party.

Justia columnist and former counsel to the president John Dean comments on whether current Republican obstructionism could be charged as a federal crime. In particular, Dean questions whether Section 371 of Title 18 of the United States Code, which prohibits conspiracies to defraud the government of the United States, applies here. Dean concludes, however, for interesting reasons, that, even if Section 371 could apply, no criminal charges ought to be brought.

Justia columnist, George Washington law professor, and economist Neil Buchanan clarifies how many people’s—including many journalists’—failure to truly understand the context of the impending debt ceiling disaster causes them to misunderstand both the President’s choice between defaulting and not defaulting, and his possible strategies if he chooses to avoid default. Buchanan also explains how the Federal Reserve could play the ultimate savior’s role in the crisis. He also offers a driving metaphor to explain the situation that President Obama faces, and why he may legitimately need to break the rules to solve it.

How has a minority in the House been able to hold the country and the global economy hostage? Justia columnist and Cornell law professor Michael Dorf’s answer is a matter of ideology, politics, and constitutional structure. As Dorf explains, Congress was not designed to work with political parties and has only been awkwardly retrofitted to do so.

Justia columnist and former counsel to the president John Dean makes a forceful case against the Republicans’ decision to shut down the government, calling the move “government by extortion,” and explaining precisely why he believes that, for many reasons, the Republicans should have eschewed this gambit as completely out of bounds.

Justia columnist and Cardozo law professor Marci Hamilton contends that Catholic and evangelical leaders are waging a new war against the use of contraception, enlisting public relations experts, lobbyists, and lawyers, despite the fact that very large majorities of Americans support contraception. One strategy, Hamilton notes, involves “conscience clauses” that would, for instance, allow pharmacists not to hand over contraceptives if it violates the pharmacist’s own anti-contraception beliefs.

Justia columnist and former counsel to the president John Dean comments on a 2008 New York Times story and its continuing fallout. The story insinuated that lobbyist Vicki Iseman had a romantic relationship with John McCain, who was then emerging as the presumptive GOP presidential nominee. But even The Times’ own ombudsman noted the story’s lack of proof. While McCain had no real remedy based on the story, Iseman sued The Times for defamation. Dean comments on the Iseman lawsuit, on a defamation suit filed by Barry Goldwater, and on American defamation law more generally. Dean also warns readers that their social-media activities may make them vulnerable in defamation suits, and draws on relevant advice from defamation experts Coleman Allen and Rodney Smolla.