Articles

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Congressional Power over Presidential Elections: Lessons from the Past and Reforms for the Future (with Edward J. Larson), William and Mary Law Review (2002)

Presidential election controversies are nothing new. They have plagued our republic since 1801, when the...

 

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A Constitution of Collaboration: Protecting Fundamental Values with Second-Look Rules of Interbranch Dialogue, William and Mary Law Review (2001)

Often the Supreme Court directly engages nonjudicial officials in a shared elaboration of constitutional rights....

 

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Structural Review, Pseudo-Second-Look Decision Making, and the Risk of Diluting Constitutional Liberty, William and Mary Law Review (2001)
In this Essay, I will pause to note some reasons why the "sham decision" critique...
 

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Institutional Arrangements and Individual Rights: A Comment on Professor Tribe's Critique of the Modern Court's Treatment of Constitutional Liberty, University of Illinois Law Review (2001)

Professor Coenen analyzes Professor Tribe's contention that the present day Supreme Court's constitutional work is...

 

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Suspect Linkage: The Interplay of State Taxing and Spending Measures in the Application of Constitutional Antidiscrimination Rules (with Walter Hellerstein), Michigan Law Review (1997)

This article examines an important and recurring question that courts frequently resolve, but rarely analyze:...

 

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State User Fees and the Dormant Commerce Clause, Vanderbilt Law Review (1997)

This Article considers the interplay of two central tenets of the U.S. Supreme Court's dormant...

 

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Of Pitcairn's Island and American Constitutional Theory, William and Mary Law Review (1997)

Few tales from human experience are more compelling than that of the mutiny on the...

 

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Commerce Clause Restraints on State Business Development Incentives (with Walter Hellerstein), Cornell Law Review (1996)

In this Article, we explore the ill-defined distinction between the constitutional carrot and the unconstitutional...

 

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The Impact of the Garcia Decision on the Market-Participant Exception to the Dormant Commerce Clause, University of Illinois Law Review (1995)

In National League of Cities v. Usery, the Supreme Court recognized a strong state-sovereignty-based limit...

 

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Rights as Trumps, Georgia Law Review (1993)
In this essay, I question Professor Fallon's strong rejection of the notion that "rights are...
 

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Priorities in Accounts: The Crazy Quilt of Current Law and a Proposal for Reform, Vanderbilt Law Review (1992)

Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor....

 

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Untangling the Market-Participant Exemption to the Dormant Commerce Clause, Michigan Law Review (1989)

There is no theme more familiar to constitutional law than the clash between federal power...

 

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Controlling the Contemporary Loanshark: The Law of Illicit Lending and the Problem of Witness Fear (with Ronald Goldstock), Cornell Law Review (1980)
This Article discusses the origins of, practices typifying, and laws directed at contemporary loansharking. Loansharks...
 

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The Priority Rules of Article Nine (with Albert J. Givray, Deborah McLean Quinn, and Paul Hilton), Cornell Law Review (1977)
Priorities. The very word sends chills down the sane lawyer's spine. But if fear and...
 

Popular Press

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Fifteen Curious Facts about The Federalist Papers, Advocate (2007)
University Professor and Hosch Professor Dan Coenen shares 15 interesting facts about The Federalist Papers,...
 

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Fifteen Famous Supreme Court Cases from Georgia, Advocate (2004)
John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch...
 

Unpublished Papers

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Where United Haulers Might Take Us: The Future of the State-Self-Promotion Exception to the Dormant Commerce Clause Rule, ExpressO (2009)
Fourteen years ago, in C & A Carbone, Inc. v. Town of Clarkstown, the Supreme...
 

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The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
Does it violate the dormant Commerce Clause for a state to exempt interest earned on...
 

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The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules, ExpressO (2008)

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...

 

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The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules, ExpressO (2008)

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...

 

Presentations

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Federal Agency Compliance Act, Subcommittee on Commercial and Administrative Law (1997)
Testimony before the Subcommittee on Commercial and Administrative Law concerning H.R. 1544, the Federal Agency...