Professor Weinstein examines how the IRB laws would fare under Supreme Court doctrine, and whereas it is my view that these laws should be considered unconstitutional, he reaches largely the opposite conclusion. His article therefore offers a valuable opportunity for further exploration of the constitutional questions, and although there is not sufficient space here to discuss all of his analysis, it seems important at least to draw attention to the major points on which we take different perspectives.
Philip A. Hamburger,
Two-Dimensional Doctrine and Three-Dimensional Law: A Response to Professor Weinstein,
Nw. U. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/486