Related Writings

Popular Pieces

Why You Shouldn’t Care if Kavanaugh is an Originalist, Politico, August 9, 2018.

The Unitary Executive Theory in the Shadow of High-Level Criminality, Take Care, July 17, 2018.

The travel ban decision echoes some of the worst Supreme Court decisions in history, Vox, June 26, 2018.

Impeachment as a Constitutional Design Choice, Take Care, June 18, 2018.

Under Trump, the United States has joined the sad roster of backsliding democracies, Vox, January 31, 2018.

How the Department of Justice’s Facebook Subpoenas Threaten Free Speech, Fortune, October 11, 2017.

Only the GOP can save (or destroy) democracy in America, The Nation, October 4, 2017.

How would Trump handle a terror attack?, The Guardian. September 18, 2017.

When Government Defames, The New York Times, August 10, 2017, at A19.

This is How Democratic Backsliding Begins, Vox, May 15, 2017.

The Comey Firing in (Comparative) Context, Take Care, May 11, 2017.

How to Lose a Constitutional Democracy, Vox, Feb. 21, 2017.

Scholarly Pieces:

“Democracy’s Near Misses,” Journal of Democracy (forthcoming October 2018)

How to Lose a Constitutional Democracy, 65 UCLA Law Review 78 (2018).

Terrorism and Democratic Recession, 85 University of Chicago Law Review 457 (2018).

Democratic Erosion and the Courts: Comparative Perspectives, 92 NYU L. Rev. Online 21 (2018).

The People against the Constitution, 116 Michigan Law Review 1123 (2018).