Douglas A. Kysar
Essay
Charles Reich's Unfinished Work
Charles Reich never wavered in his conviction that true freedom must—and can—come from individuals working together. In two previously unpublished book proposals, Reich places ideas about nature at the heart of his analysis of the political economy. Although shared in 2008, they still carry an eerie resonance today.
Mar 16, 2020
Article
Prods and Pleas: Limited Government in an Era of Unlimited Harm
121 Yale L.J. 350 (2011). Not just a system of checks and balances ideally tuned to constrain collective political action, the constitutional division of authority also may be seen as a system of “prods and pleas” in which distinct governmental branches and actors can push each other to entertain collective political action when necessary. Though prods and pleas are an...
Nov 1, 2011