The Coase Theorem and the War Power: A Response, 1991 Duke L.J. 122 (1991)
In January 1991, our nation narrowly avoided a constitutional crisis, as President Bush requested and Congress passed a joint resolution that authorized the use of military force against Iraq. In the weeks preceding that vote, the nation had witnessed a now-familiar dance: The President had threatened to make war without seeking congressional consent, Congress had avoided taking a stand, and the courts had declined to enjoin an unauthorized war.
Date of Authorship for this Version
Koh, Harold Hongju, "The Coase Theorem and the War Power: A Response" (1991). Faculty Scholarship Series. Paper 2075.