Russian Bombs Usher Ukraine’s UN Address

Human nature itself must be attuned to walking out before a speech by political leaders who intentionally have enemy civilians killed and severely injured, and to being attracted to hear leaders who represent the victims. So, at the UN in September, 2026, many delegates at the UN’s General Assembly walked out before a speech by Israel’s Netanyahu, who was wanted by the International Criminal Court for crimes against humanity in Gaza (and arguably even in the West Bank), and Russia’s Putin did not even attend the opening session of speeches, whereas the address by Ukraine’s President Zelensky was to a full room. The contrast between Zelensky and the other two men could not be starker, and yet the UN was open to all three, serial violations of the UN Charter notwithstanding. The international organization can be said to have its legs wide open, and paradoxically to be impotent even with regard to enforcing its own charter. As a visiting research scholar at Harvard in 2025, I had the opportunity to speak personally with former UN officials, all of whom admitted that, given the vetoes in the Security Council, the UN itself could not even be reformed so the organization could even pass meaningful resolutions against a powerful member’s ally; something stronger at the global level would be needed if international law stood a chance of being enforced rather than merely given lip service. In 2026, even the notion of international law risked being relegated as an oxymoron, assuming that law itself—to be considered law rather than guideline or policy—requires a viable enforcement mechanism. To say that something is a law but is not enforced is to say that something really isn’t a law.

The full essay is at "Russian Bombs Usher Ukraine's UN Address."

A State Represents the E.U. at the G20

From August 29 through September 1, 2026, the G20 met in North Carolina in the U.S.; the E.U. was represented by one of its states, Ireland, because it was charged with chairing the sessions of the European Council of Ministers, which in turn plays a legislative role, as does the European Parliament, whereas the European Commission is the E.U.’s executive branch. Such international meetings as those of the G20 are attended by officials from executive rather than legislative branches of government. Accordingly, the economy commissioner, Valdis Dombrovskis, along with President von der Leyen should have been representing the E.U. at the meeting.

The full essay is at "A State Represents the E.U. at the G20."

U.S. Defense Contractors under Pressure

In a republic, which is characterized by representative rather than direct democracy and includes checks on even the elected representatives, private interests, such as corporations that manufacture weapons purchased by the government, undue the very legitimacy and public good of a republic when the elected (and appointed) public officials capitulate to those interests because those interests are of a part rather than the whole. The profit calculus of a defense contractor is not necessarily in line with the national interests of the country in which the corporation operates. Furthermore, acquiescing to the relatively narrow private benefit of corporations places an elected official in the position of possibly betraying one’s constituents and even the national security—the public good—of the whole, the country. It is in the political (and even financial) interests of such officials to hide or obscure their motives in voting on a defense budget by using “real threats abroad” as a subterfuge to increase defense spending going to contractors in payment for more weapons. The threats may be real or not. How would an electorate possibly know without access to classified information? Adam Smith wrote of his concern that governments and capitalists would collude to shortchange labor. The collusion can also be at the expense of an electorate and even a republic itself. In response to Elizabeth Willing Powel’s question on what sort of government the U.S. Constitutional Convention had just proposed, Ben Franklin is said to have replied, “A republic, if you can keep it.” The People may be at a considerable disadvantage without realizing it if distant collusion is financially and politically sufficiently concentrated and furtive under subterfuges of public-policy ideals.

The full essay is at "U.S. Defense Contractors under Pressure."

European Priorities Regarding Ukraine

On 5 August, 2026, President Von der Leyen of the E.U. “announced that €1.4 billion in profits from immobilised Russian assets [held in the E.U. would] be allocated after Russia’s deadly strikes on Kyiv.”[1] This response sounds well and good, especially as Ukraine had failed to shoot down all of the missiles and thus was in vital need of American anti-missile weaponry. Yet in spite of this strategic vulnerability, “only €70 million” of the €1.4 billion would be “directed toward military assistance.” The lion’s share of the profits would “be used to repay G7 and EU loans.”[2] In other words, the E.U. Commission was seeing to it that almost all of the profits from Russian assets would go to creditors outside of Ukraine in the E.U. and elsewhere. Because Russia had been serially lobing missiles on civilian targets such as apartment buildings in Ukraine with overwhelming success, and, moreover, occupied at least 20 percent of Ukraine in the east at the time, the Commission’s decision to pay off loans rather than keep them outstanding so much more money than €70 million could be directed to Ukraine’s military defenses. Both ethically and geopolitically, getting the lent money back especially to creditors in the E.U. right away is problematic.

The full essay is at "European Priorities Regarding Ukraine."

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1. Sandor Zsiros, “EU Releases €1.4 Billion to Ukraine from Frozen Russian Asset Profits after Kyiv Attacks,” Euronews.com, 5 August, 2026.
2. Ibid.

Starmer Resigns as British Prime Minister: A Post-Mortem

Two years after winning in a landslide, with his Labour group being given its largest majority in Parliament in decades, PM Starmer found himself polling as the least favored PM on record and was forced by the political reality of his political group to resign. Why? I contend that the actual reason, behind and obfuscated by the headlines, is rather basic, or fundamental.

The full essay is at "Starmer Resigns as British Prime Minister."

The European Parliament: Rejecting the Council’s Proposed Budget

On 16 June, 2026, the European Parliament rejected the European Council’s proposed budget for the E.U. not only because of the proposal’s €32.8 billion budget-cut, which would reduce the six-year 2028-2034 federal budget even below that which the Commission had proposed, but also because the Council had refused to address the issue of federal-sources of revenue, which was made increasingly salient by the increasing need of funds at the federal level. In seeking to keep the federal institutions dependent on money supplied by the states, the Council, which like the U.S. Senate represents states, can be viewed exploiting a conflict of interest at the expense of the ability of the E.U. to operate even within its given mandates. Put another way, the requirement that the Parliament pass any proposed budget can be viewed as a check on the state-centric Council’s proclivity to put the interest of the parts above the whole—the individual states above the Union.

The full essay is at "The European Parliament."

A Big-State Governor Usurps the Role of the European Council's President

The governor of a large state, if speaking for the E.U., risks not only undercutting federal officials who can speak for the E.U., but also subtly orienting federal policy in the interest of that state rather than the entire union. It is important, therefore, that the president of the European Council be tasked with speaking publicly for the Council, rather than usurped.

The full essay is at "Big States in the European Council."

American Federalism and Equal Protection: Transsexual Children in Tennessee

On June 18, 2025, the U.S. Supreme Court ruled that a Tennessee law blocking transsexual children from being able to undergo puberty-blockers and gender-changing surgeries does not violate the Equal Protection clause of the U.S. Constitution. The court’s 6-3 opinion in U.S. v. Skrmetti was reported at the time to fall “largely along conservative-liberal lines.”[1] By this is mean ideological lines, both moral and political in nature. Such is grist for the mill for the broad judgment of an electorate, in what is otherwise known as popular sovereignty, which is superior to governmental sovereignty in a republic. Add in the fact that Tennessee is a member-state in a federal system in which the U.S. Supreme Court is on the federal level, and the broad judgment of the electorate takes on more significance to the extent that a federal system of an empire-scale union is in part supposed to take into account and protect interstate ideological differences that defy one-size-fits-all union-level policies. In other words, as cultural heterogeneity can be expected in going from state to state in an empire-scale union-of-states, efforts “from the top” to impose a single policy on every state do not allow the federation to breath. Political pressure could be expected to build over time if such a suffocating tendency eventuates, with the risk of dissolution increasing over time as if depreciation.

The full essay is at "American Federalism and Equal Protection."

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1. Josh Gerstein, “Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care for Minors,” Politico.com, June 18, 2025.

E.U. Defense: The State Governments Exploit a Conflict of Interest

Sometimes lemons can make use of political gravity to become lemonade. Of course, behind the lemons are human beings, who are of course innately economizers, political actors and moral agents. When accosted by proposals that additional governmental sovereignty be delegated from state governments to the federal level, state-government officials feeling the gravitas of narrow self-interest are inclined to resist even if the transfer is in the political and economic interest of the union as well as all of its states. I am of course describing a drawback that goes with state governments having too much power in a federal system, whose interests are not always identical with those of a particular state or even those that pertain to the state level as distinct from the federal level. I submit that a federal system in which such dynamics are ignored in favor of focusing on particular issues, such as the E.U.’s increased need for defense given Russia’s unprovoked invasion of Ukraine, can gradually slip “off the rails” toward dissolution or consolidation. By ceding the E.U. itself (i.e., the federal level) additional authority, including for revenues and expenditures, the European Council, which is composed of the state governors, could “kill two birds with one stone,” as that saying goes. Those birds would be unbalanced state power in the E.U. at the expense of a common purpose, and Russian President Putin’s military adventurism in Eastern Europe.

The full essay is at "E.U. Defense."

China Castigates the E.U. on Taiwan

“Act prudently.” This was the warning addressed to the E.U. by China’s president Xi after the European Parliament voted 432 to 60 on October 24, 2024 on a resolution urging China to immediately cease its “continued military operations,” “economic coercion,” and “hostile disinformation” directed at Taiwan.[1] Whereas in the West, warning by shouting and slamming a fisted hand on a tabletop may be viewed as signaling vehement protest, the relative soft-spoken, be prudent connotes a very serious threat. The early twentieth-century U.S. president, Theodore Roosevelt, would likely miss the force of Xi’s intent to retaliate against the E.U. should it interfere with China on Taiwan. If my reading of Xi is correct, (and this may seem a leap), then the world coming to grips with constructing a global order commensurate to address global risks, such as climate change, starvation, and war in a nuclear age will face entrenched resistance in departing from the noxious principle of absolutist national sovereignty that has stymied collective, multilateral action. How dare you even hint that you will encroach on China’s sovereignty! This is essentially what President Xi was saying. Even in the post World War II global order of sovereign nation states, China’s claim that its sovereignty includes Taiwan is dubious, which in turn can be taken as evidence that resting the global order on the sovereignty of nation-states is problematic. In short, that principle allows for over-reaching without accountability.

The full essay is at "China Castigates the E.U. on Taiwan."

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1. Jorge Liboreiro, “’Act Prudently’: China Slams E.U. Parliament over Taiwan Resolution, Warns of Red Lines,” Euronews.com, October 25, 2024.

On the European Commission Boycotting Hungary’s Presidency of the Council of the E.U.

Whereas just one presidency applies to the U.S. at the federal level, the E.U. has several. There is a president of the European Commission, a president of the European Parliament, a president of the European Council, and a president of the Council of the E.U., the latter being held by a state government on a six-month rotating basis. On July 1, 2024, the E.U. state of Hungary assumed that role. Because that state’s government had recently been found guilty by the E.U.’s top court, the E.C.J., of blocking federal law within the state, the matter of Hungary taking its turn in chairing the Council of the E.U. was controversial at the time. Because Viktor Orbán, governor of Hungary, used the insignia of the presidency of the Council in making unauthorized diplomatic trips to Russia and China on the war in Ukraine, the European Commission, the E.U. government’s executive branch, took the unusual decision to boycott Hungary’s presidency. Shortly thereafter, the E.U.'s parliament followed suit with a resolution condemning Orbán's diplomatic trip to Moscow. I contend that Orbán’s foray into diplomatic relations even as he was taking on a major role at the federal level presents good evidence for why foreign policy should be federalized in the E.U. as it has been in the U.S., and for the same reason.

The full essay is at "On the E.U. Commission's Boycott of Hungary."

The Israeli Supreme Court’s Conflict of Interest as Unreasonable

Ironically, in making the ruling on New Year’s Day of 2024 striking down Prime Minister Netanyahu’s amendment to the country’s basic law that would have removed the judiciary’s authority of judicial review of laws based on their reasonableness, Israel’s Supreme Court too unreasonably exploited a conflict of interest. Basic Law, which is essentially constitutional law, includes the basic architecture of a government, such as how the executive, legislative, and judicial functions are related. Self-interest being a salient feature of human nature, we can assume that the governmental functionaries in each of those functions naturally seek to expand their respective jurisdictions relative to those of the other two. I contend that to give one or two of those areas the last word in altering the division of authority involves a conflict of interest. This applies to a constitutional court. Therefore, even though democracy is served by a judicial decision striking down an attempt by the executive and/or legislature to eviscerate the authority of the judiciary to act as a check, giving the latter the last word is fraught with entanglements. 

The full essay is at "Israel's Supreme Court: A Conflict of Interest."

The FAA Deferred to Boeing on the 737 MAX Jet

After a misfiring-prone automatic stall-prevention device on the 737 MAX jet had caused two accidents in which 346 people died, an internal review at the U.S. Federal Aviation Administration, a regulatory agency, found that the regulators had relied too much on Boeing employees to conduct the safety inspections of the planes. Incredibly, Congress expanded the industry-reliance practice of the agency in 2018. Both the FAA and Congress were admittedly motivated by the added efficiency that such “sub-contracting” could bring. However, to focus on the economic benefit while ignoring the inherent (and obvious) conflict of interest in “sub-contracting” to the very companies that are regulated by the FAA is itself a red flag. A subservient or over-reliant regulatory agency cannot be a check on a company’s claims of not having sacrificed safety or even safety checks in order to focus more on profitability.  Of course, the political influence of a large company such as Boeing may have played a role in the FAA’s “back-seat” approach, but in this case the government’s own interest in stretching the coverage of its human resources may have been dominant. That such an interest could involve minimizing or ignoring outright such a blatant conflict of interest may point to a wider culture in which institutional conflicts of interest are presumed to be innocuous or even benign rather than too toxic to permit even if they have not been actively exploited.  

The full essay is at "FAA Deferred to a Regulatee."

Regulating Wall Street after a Financial Crisis

On Columbus Day 2011, The New York Times observed that the regulations known as the Volcker rule, “intended to limit trading when the bank's money is at risk, a sweet spot for banks, is seen as a centerpiece of the sprawling financial overhaul of the Dodd-Frank Act of 2010. In anticipation, the nation's biggest banks, like Goldman Sachs and Bank of America, have already shut down their stand-alone proprietary trading desks.”[1] Even so, the long and tortuous route by which any regulation is written was leaving its own mark in the sense that promising loopholes were finding their way into the rule. In other words, the regulated would have a disproportionate influence on the writing of the regulations. This conflict of interest is dangerous from the standpoint of not being vulnerable to another financial crisis in which the greed on Wall Street knows no bounds. 

The full essay is at "Regulating Wall Street after a Financial Crisis."

U.S. Attorney General Barr's Decision on the Mueller Investigation of President Trump: On the Invisible Personal and Institutional Conflicts of Interest

On March 24, 2019, U.S. Attorney General William Barr sent to Congress his summary of Robert Mueller's report on whether President Donald Trump's 2016 campaign had colluded with the Russian government and whether the president had obstructed justice. According to Barr, Mueller had found no evidence of collusion. As for obstruction, Barr wrote that Mueller "did not draw a conclusion one way or the other as to whether the examined conduct constituted obstruction."[1] On this point, Mueller himself had written that 'while this report does not conclude that the president committed a crime, [the report] also does not exonerate him."[2] Mueller had laid out evidence and arguments on both sides of the question of obstruction, and Barr determined that the "evidence fell short of proving [that the president] illegally obstructed the Russia inquiry."[3] The New York Times went on to call this "an extra-ordinary outcome."[4] Barr did not detail his reasoning in deciding the matter of obstruction. According to the New York Times, he "appeared to be focusing on the question of whether investigators could prove that [President Trump] had 'corrupt intent' in instances where the available evidence about his motivations was ambiguous."[5] But in focusing on a lack of evidence that the Trump campaign reached any agreement with the Russian government on sabotaging the election, legal experts said," Barr "left out other reasons the president may have had for wanting to stymie a wide ranging investigation: It could uncover other crimes and embarrassing facts."[6] In other words, Barr's parameters may have been too narrow. The way Barr framed the contours for his decision might not have been an accident, given his personal conflict of interest. More important than this, I submit, is the continuing institutional conflict of interest facing the Justice Department in investigating its boss, the chief executive.

The full essay is at "Investigating Personal and Institutional Conflicts of Interest."

1. Eli Watkins, "Barr Authored Memo Last Year Ruling Out Obstruction of Justice," CNN.com, March 24, 22019.

2.Mark Mazzetti and Carol Benner, "Mueller Finds No Trump-Russia Conspiracy but Stops Short of Exonerating President on Obstruction," The New York Times, March 24, 2019.

3. Charlie Savage, Mark Mazzetti, and Katie Benner, "Barr's Move Ignites a Debate: Is He Impartial?" The New York Times, March 26, 2019.

4. Ibid.

5. Ibid.

6. Ibid.

Regulating Smoking in China: A Socialist Conflict of Interest

Government ownership and control of a means of production is the standard definition of socialism even if some linguistic revisionists want to redefine the term as merely the control of a business or industry. In short, a government must own the economic enterprises to meet the definition of Socialism rather than merely government regulation of private businesses. Socialism, I contend, involves a structural conflict of interest that a government that both owns an controls an enterprise, industry or even an entire economy may be tempted to exploit for its own ends rather than the public good. The key here is the regulating of that which is owned. Specifically, where a government as owner enjoys the benefit of profit or surplus, that government has a financial interest that can be against the restriction of the produced product. Such a monopolistic restriction could admittedly be warranted by public health or safety, but the gain could also be private in the sense that it is limited to the government and even the personal financial interests of government officials. In other words, the public good can be distinct from a government’s own financial (and related political) interest even as that government is charged with acting in the public interest in part by owning and regulating state enterprises. It is the pivot between the public and private interest that sets up the conflict of interest because the human urge is to go with a narrower, private interest at the expense of the public good. In other words, the very possibility, even likelihood given human nature, that a government would exploit the wider distribution of benefits for the narrower one (i.e., to the government itself) is the basis of a conflict of interest. I argue elsewhere that even the mere possibility renders even an as-yet unexploited conflict of interest inherently unethical. Here, I examine the matter of public health in China as a case of a socialist (in part) government that has had a conflict of interest. 

The full essay is at "A Socialist Conflict of Interest."

A U.S. Senator Aiding a Contributor While Averting a "Fiscal Cliff": Turning a Crisis into an Opportunity

The law passed by Congress on January 3, 2013 to avert the across-the-board tax increases and “sequester” (i.e., across-the-board budget cuts) was “stuffed with special provisions helping specific companies and industries.” While many of the provisions would increase the U.S. Government’s debt, at least one would decrease it. Is the latter any more ethical because it is in line with the more general interest in reducing the federal debt? Put another way, does the end justify the means?  Do good consequences justify bad motives?  These are extremely difficult questions. The best I can do here is suggest how they can be approached by analysis of a particular case study.

The full essay is at "Aiding a Contributor."

Can an American Member-State Exit the Union?

A war was fought over it. In early 2013, the White House made it explicit in replying to a petition. Yet still there was a sense among at least some Texans that something was amiss. Following U.S. President Obama’s re-election in 2012, citizens of Texas, Louisiana, Alabama, and five other member-states in the U.S. signed petitions for the White House to allow their respective states to secede from the Union. At the time, few people other than the secessionists themselves took the petitions seriously. Yet the underlying contending principles deserve more serious reflection even if no "exit" is anticipated. Most importantly, the matter concerns how and whether the rights of member-states (and majorities of the people, therein) are to be circumscribed in a federal union that leaves said republics semi-sovereign and with residual sovereignty.

The full essay is at "Can an American Member-State Exit?"

Constructing a Constitution: Egypt in the Arab Spring

Concerning a new constitution, which is more important: the process or the content? In Egypt in 2012, that most secularists and the Coptic Christian representatives walked out of the assembly working on a constitutional document suggests that the final product would not have legitimacy for all of Egypt. To be sure, it is possible for a partisan group to design a system of basic law that is not overtly self-serving at others’ expense. The document that emerged from the assembly weakens the presidency and strengthens the parliament. This shift was in line with the popular protest in “the Arab Spring.” However, the assembly left in place a “longstanding article” grounding Egyptian law in the principles of one religion. Furthermore, a provision on women’s equality was left out, and the military generals would keep their existing power. Moreover, anticipating dissolution from Mubarak-appointed judges, the assembly began its work from the last Egyptian constitution.

Do the members of the constitutional assembly look liberal or conservative?  Reuters

The full essay is at "How to Make a Constitution."

Judge Allows ATT Purchase of Time Warner: Vertical Integration Escapes Anti-Trust Objection

Typically horizontal mergers, as when one company merges with another that makes similar products, have trouble when it comes to anti-trust, restraint of trade, objections. The go-ahead of the ATT merger with Time Warner in mid-2018 suggests that vertical combinations, such as when distributor buys a content-creator, survive on anti-trust grounds. Even if trade is not restrained, another problem is present—that of conflicts of interest. Anti-trust law is oriented to preventing restraint of trade rather than such conflicts. Accordingly, just because the ATT merger survived on anti-trust grounds does not mean that a regulatory gap did not exist at the time.

The full essay is at "Vertical Integration and Anti-Trust Law."