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Daniel Hemel : Publications

Journal Articles

    "The Federalist Safeguards of Progressive Taxation," 93 New York University Law Review __ (forthcoming). [SSRN]

    "Pooling and Unpooling in the Uber Economy," 2017 University of Chicago Legal Forum __ (forthcoming). [SSRN]

    "Can New York Publish President Trump's State Tax Returns?," 127 Yale Law Journal Forum 62 (2017).

    "The President's Power to Tax," 102 Cornell Law Review 633 (2017). [SSRN]

    "Chevron Step One-and-a-Half," 84 University of Chicago Law Review __ (forthcoming 2017) (with Aaron Nielson). [SSRN]

    "The Vanguard Case Reconsidered," 150 Tax Notes 1466 (2016). [CU]

    "Knowledge Goods and Nation-States," 101 Minnesota Law Review 167 (2016) (with Lisa Larrimore Ouellette). [SSRN]

    "Is Abood Irrelevant?," 82 University of Chicago Law Review Dialogue 227 (2015) (with David Louk). [CU] [WWW]

    "Beyond the Patents–Prizes Debate," 92 Texas Law Review 303 (2013) (with Lisa Larrimore Ouellette). [CU] [WWW]

    "Executive Action and the First Amendment’s First Word," 40 Pepperdine Law Review 601 (2013). [CU] [SSRN] [WWW]

    "How To Reach the Constitutional Question in the Health Care Cases," 64 Stanford Law Review Online 39 (2012). [CU] [WWW]

    Note, " The Economic Logic of the Lease/Loan Distinction in Bankruptcy", 120 Yale Law Journal 1492 (2011). [CU] [WWW]

    Note, "Regulatory Consolidation and Cross-Border Coordination: Challenging the Conventional Wisdom", 28 Yale Journal on Regulation 213 (2011). [CU]

    Comment, "Should Tax Rates Decline with Age?," 120 Yale Law Journal 1185 (2011). [CU] [WWW]

    Comment, " Issuer Choice After Morrison," 28 Yale Journal on Regulation 471 (2011). [CU]

    Comment, "Empty Creditors and Debt Exchanges," 27 Yale Journal on Regulation 159 (2010). [CU]

    Recent Development, "Tyranny on Trial: Regional Courts Crack Down on Mugabe’s Land “Reform”," 35 Yale Journal of International Law 517 (2010) (with Andrew Schalkwyk). [CU]

    "Review of Nigel D. White, Democracy Goes to War (2009)," 35 Yale Journal of International Law 265 (2010). [CU]

    "Positive-Sum Politics: The Path to Partnership in U.S.-Russian Relations," International Affairs Forum __ (2009). [CU]

Shorter Works

    "Trade and Tradeoffs: The Case of International Patent Exhaustion," 116 Columbia Law Review Sidebar 17 (2016). [CU] [WWW]

Working Papers

    "Bayh-Dole Beyond Borders," Coase-Sandor Working Paper Series in Law and Economics, No. 801 (2017) (with Lisa Larrimore Ouellette). [SSRN]

Other Publications

    "Lower Courts: Don’t Try This at Home," Take Care, June 27, 2017. [WWW]

    "The Case for Obstruction Charges," New York Times, June 15, 2017 (with Eric Posner). [WWW]

    "Why Hasn't Rod Rosenstein Recused Himself From the Russiagate Probe?," Take Care, May 22, 2017. [WWW]

    "The Progressive Case against Filibustering Neil Gorsuch," Vox, April 4, 2017 (with David Herzig). [WWW]

    "There’s a Quick and Easy Way to See Trump’s Tax Returns," Washington Post, April 11, 2017. [WWW]

    "How 'Price Discrimination' Helps Less-Affluent Countries," Wall Street Journal, March 20, 2017 (with Lisa Larrimore Ouellette). [WWW]

    "Faith in the Ninth Circuit," Take Care, March 16, 2017. [WWW]

    "The G.O.P. Health Care Plan’s Fatal Flaw," New York Times, March 16, 2017 (with David Herzig). [WWW]

    "Repealing Economic Substance Codification and Replacing It With What?," Yale Journal on Regulation: Notice & Comment, February 20, 2017. [WWW]

    "A Far Better Supreme Court Strategy for Furious Democrats? Holding Fire," Wall Street Journal, February 2, 2017 (with David Herzig). [WWW]

    "How Antonin Scalia’s Ghost Could Block Donald Trump’s Wall," New York Times, January 25, 2017, at p. A29 (with Jonathan Masur & Eric Posner). [WWW]

    "Bringing the Basic Income Back to Earth (Review of Raising the Floor: How a Universal Basic Income Can Renew Our Economy and Rebuild the American Dream, by Andy Stern with Lee Kravitz, and In Our Hands: A Plan to Replace the Welfare State (Revised and Updated Edition), by Charles Murray)," The New Rambler, September 19, 2016. [WWW]

    "The Chamber of Commerce Has an Anti-Injunction Act Problem," Yale Journal on Regulation: Notice & Comment, August 6, 2016. [WWW]

    "The Tenth Circuit vs. Brand X," Yale Journal on Regulation: Notice & Comment, August 24, 2016. [WWW]

    "Maybe the IRS Is Complying with the Congressional Review Act After All," Yale Journal on Regulation: Notice & Comment, June 30, 2016. [WWW]

    "Chevron Step 0.5," Yale Journal on Regulation: Notice & Comment, June 24, 2016 (with Michael Pollack). [WWW]

    "Taxation as Compensation (reviewing Kenneth Scheve and David Stasavage, Taxing the Rich: A History of Fiscal Fairness in the United States and Europe)," The New Rambler, May 25, 2016. [WWW]

    "The Art of the (Budget) Deal," Yale Journal on Regulation: Notice & Comment, February 2, 2016 (with David Herzig).

    "Not-So-"Accidental" Justice," Medium, February 17, 2016. [WWW]

    "'Reconciliation' Could Roll Back Obamacare but Roil Senate," Wall Street Journal, December 30, 2016 (with David Herzig). [WWW]

    "The D.C. Circuit, the Trump Administration, and Chevron Step One-and-a-Half," Yale Journal on Regulation: Notice & Comment, November 19, 2016 (with Aaron Nielson). [WWW]

    "What's the Matter with Luxembourg? (reviewing Gabriel Zucman, The Hidden Wealth of Nations: The Scourge of Tax Havens)," The New Rambler, January 13, 2016. [WWW]

    "No Agency Shop? No Problem," Los Angeles Daily Journal, November 2015 (with David Louk).

    "The Foxes Guard the Financial Henhouse," Slate, December 3, 2009. [WWW]