The Yale Law Journal

Douglas A. Kysar


Charles Reich's Unfinished Work

Douglas A. Kysar

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 In two previously unpublished book proposals, Reich places ideas about nature at the heart of his analysis of the political economy.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…


Prods and Pleas: Limited Government in an Era of Unlimited Harm

Benjamin Ewing & Douglas A. Kysar


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 entertai…