Judge Brett Kavanaugh and Me: One of Us Is on the Short List

In 2009, Judge Brett Kavanaugh and I published research articles in Minnesota Law Review, a respected outlet for legal scholarship.

His article is titled "Separation of Powers During the Forty-Fourth Presidency and Beyond," is here, http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf).

In it, he makes the argument that a sitting president should never be required to sit for any type of investigative hearing, nor turn over documents. The constitutional framers, he argues, believed that impeachment was the only recourse against lawless behavior of a sitting president.

My article, “Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations: An Empirical Analysis,” (here, http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Leroy_mlr.pdf), argues that employers are incentivized to disregard sexual harassment because (a) they force so many women to take their claims to arbitration, instead of court, and (b) the financial consequences—which I measured—  made breaking the law more tolerable than eradicating harassment.

Kavanaugh’s research article (with its obvious appeal to President Trump) and well-earned conservative credentials make him an attractive finalist for Donald Trump’s nominee for the Supreme Court. He is a highly regarded judge.