John Dean, former counsel to the president, describes former President Richard Nixon’s views of, and influence on, the U.S. Supreme Court. In the process, Dean reveals some tidbits of information about Nixon that he discusses in greater depth in his upcoming book, The Nixon Defense: What He Knew and When He Knew It.
George Washington law professor and economist Neil Buchanan explains why large numbers of people continue to believe erroneously that tax cuts result in greater tax revenues. Buchanan argues that the only real-life examples that seem to support the notion are cherry-picked and anecdotal evidence. He concludes that the claim that tax cuts are self-financing is only barely plausible as a matter of logic, and it has been disproven over and over again by both conservative and liberal economists alike.
Cornell University law professor Michael Dorf comments on the U.S. Supreme Court’s recent decision in NLRB v. Noel Canning, in which the Court unanimously invalidated President Obama’s 2012 appointment of three members of the National Labor Relations Board. Dorf discusses the differences between rationales and implications of the five-Justice majority opinion authored by Justice Breyer and those of the four-Justice concurrence authored by Justice Scalia. Dorf argues that the Court’s rejection of political deadlock as a basis for recess appointments could prove to be an important weapon anytime the majority in the Senate is actively hostile to the President.
Former counsel to the president John W. Dean comments on the recent surprise defeat of House GOP Leader Eric Cantor in his reelection bid for his Virginia congressional seat. Despite some preliminary claims that the election signifies a resurgence of Tea Party activism, Dean suggests taking a hard look at Cantor’s defeat to better and fully understand why he lost. Other factors such as Democrats’ cross-over voting, Dean argues, could have played a role in Cantor’s defeat.
George Washington University law professor and economist Neil Buchanan critiques the argument that income mobility adequately addresses the issue of economic inequality. Buchanan contends that supporters of the mobility argument rely on a theory of mobility that disregards the reality of the permanent effects that poverty has on people. In a companion column next week, Buchanan will discuss where the arguments that Professor Piketty offered in his book Capital in the Twenty-First Century fit into the arguments over inequality, mobility, and redistribution.
Cardozo Law School professor Marci Hamilton argues for the importance of academic freedom but distinguishes it from immunity from debate in the marketplace of ideas. She comments on a recent Freedom of Information Act (FOIA) request targeting University of Virginia School of Law professor Douglas Laycock for allegedly using university resources for anti-LGBT ends. Hamilton calls the formal FOIA request unnecessary but the intent to question how his public positions on various issues play out in the real world. Hamilton describes a number of positions Laycock has taken publicly that support the view that he is an advocate for extreme religious forces.
