Author

atomicdust

Posts

  • Online2026

    Reading Laws, Not Minds: The “Why” Inquiry After Bruen

    This Article identifies a tension at the center of the Supreme Court’s post-Bruen Second Amendment doctrine. In other areas of the law, the Court…

  • ArticleVol. 104 · Iss. 1

    Trust Litigation

    There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced wills…

  • ArticleVol. 104 · Iss. 1

    Fiscally Restraining Criminal Lawmaking

    Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing sentence…

  • ArticleVol. 104 · Iss. 1

    Dual-Track Bias

    Since the JOBS Act of 2012 made it easier to start the IPO process, startups have increasingly pursued a “dual-track” exit strategy, simultaneously preparing…

  • ArticleVol. 104 · Iss. 1

    Board Overload

    The board of directors plays a critical role in steering corporate behavior. Over the past two decades, regulators have increasingly required boards to oversee…

  • CommentaryVol. 104 · Iss. 1

    Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration

    In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the criminal…

  • ArticleVol. 103 · Iss. 5

    Mass Corporate Governance

    Abstract Democracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean…

  • ArticleVol. 103 · Iss. 6

    How the U.S. Constitution Shapes International Tax Law: Instrument Choice in Tax Agreements

    Abstract The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax…

  • ArticleVol. 103 · Iss. 6

    Symmetry and Speech: Nonprofits and the First Amendment

    Abstract In the spring of 2025, President Trump threatened Harvard’s tax-exempt status, accusing it of “pushing political, ideological, and terrorist inspired/supporting ‘Sickness.’” In the…

  • ArticleVol. 103 · Iss. 6

    Consumption Taxes and the Constitution

    Abstract In the aftermath of Moore v. United States, there has been a modest rise in interest in U.S. consumption taxes, not only for…

  • ArticleVol. 103 · Iss. 6

    Tariffs and the Progressive Fiscal Constitution

    Abstract For more than a century, progressive taxation has constituted the American fiscal state. A resurgent and expanding tariff regime, however, threatens that commitment…

  • ArticleVol. 103 · Iss. 6

    The Origination Clause and the President’s Tariffs

    Abstract The President’s dramatic use of tariffs has unleashed a host of constitutional and statutory interpretation challenges that promise to make new law. In…