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Using Cross-practice Collaboration to Meet the Evolving Legal Needs of Local Food Entrepreneurs
(American Bar Association, 2013)
This article begins by highlighting several of the legal barriers commonly faced by local food businesses. The article then demonstrates that policy lawyers and transactional lawyers can effectively collaborate to improve ...
Active Choosing or Default Rules? The Policymaker’s Dilemma
(2014)
For policymakers, the idea of active choosing has a great deal of appeal, not least because it avoids the charge of paternalism. In many contexts, however, an insistence on active choosing is a form of paternalism, not an ...
Optimal Abuse of Power
(Northwestern University Law School, 2014)
I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will ...
When Nudges Fail: Slippery Defaults
(The University of Chicago, 2013)
Inspired by the success of “automatic enrollment” in increasing participation in defined contribution retirement savings plans, policymakers have put similar policy defaults in place in a variety of other contexts, from ...
Conventions in Court
(2013)
In the Commonwealth nations, a constitutional “convention” denotes an unwritten but obligatory constitutional custom or norm. The question I will address is whether public law in the United States should be understood to ...
Power to the People
(2011)
How Courts Implement Social Policy
(University of Tulsa College of Law, 2010)
Legal Reasoning in Congress
(College of Law, State University of Iowa, 2010)
Some Current Controversies in Critical Legal Studies
(German Law Journal, 2011)
I Couldn't See it Until I Believed it
(Harvard Law Review Association, 2011)