Congress’s (Limited) Power to Represent Itself in Court
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of... Read MoreSpace Madness: Subsidies and Economic Substance
Extending the reach of the recently codified economic substance doctrine to embrace transactions spurred by tax subsidies would help both Congress and taxpayers promote worthy objectives such as historic... Read More
Cornell Law Review
Volume 99 Issue 3
Visual Gut Punch: Persuasion, Emotion, and the Constitutional Meaning of Graphic Disclosure
The ability of government to “nudge” with information mandates, or merely to inform consumers of risks, is circumscribed by First Amendment interests that have been poorly articulated. New graphic cigarette warning labels supplied courts with the first opportunity to assess the informational interests attending novel forms of product disclosures. The D.C. Circuit enjoined them as [...]
Congress’s (Limited) Power to Represent Itself in Court
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least [...]