In the News


Robert Cooter in the news:



Have you heard the latest on federalism?

Robert Cooter quoted in The National Law Journal, June 4, 2012

In what some scholars consider the most important approach to understanding federalism and the Constitution in recent years, collective-action federalism is the brainchild of Neil Siegel of Duke Law School and Robert Cooter of the University of California, Berkeley School of Law. … “In order to get people to consider an economic analysis of constitutional law, you have to get their attention. I think the title has proved effective in enabling people to see what we were about.”


Not the Power to Destroy: A Theory of the Tax Power that Justifies the Minimum Coverage Provision

Robert Cooter cited in Balkinization, March 19, 2012

One question in the healthcare litigation presently before the U.S. Supreme Court is how to characterize the exaction imposed by the Affordable Care Act (ACA) on individuals who fail to obtain health insurance…. In Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power … Robert Cooter of Berkeley Law and I develop a theory of the difference between a tax and a penalty for purposes of the tax power. We then apply the theory to the ACA’s exaction for non-insurance.


Robert Cooter and Aaron Edlin Recommend UC Layoffs, Not Pay Cuts

Los Angeles Times, July 16, 2009 by Robert Cooter and Aaron Edlin
http://www.latimes.com/news/opinion/commentary/la-oe-cooter16-2009jul16,0,2957340.story

Our plan would be simple. To meet Yudof’s savings targets, a number of employees would be laid off sufficient to save 8% of the payroll. The choices in staff cuts would be difficult, but they are necessary if the regents are unwilling to raise tuition further. Specific decisions on whom to lay off would be decentralized to campuses, and within campuses to schools or departments.