Forthcoming

• Collective Action Federalism and Its Discontents, 92 Texas Law Review (forthcoming 2013)
• More Law than Politics: The Chief, the "Mandate," Legality, and Statesmanship, in The Health Care Case: The Supreme Court's Decision and Its Implications (Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison eds., forthcoming 2013)
• The New Texualism, Progressive Constitutionalism, and Abortion Rights: A Reply to Jeffrey Rosen, 25 Yale Journal of Law & the Humanities (forthcoming 2013)

Works in Progress

• Not the Power to Destroy or Dragoon: Unity in Taxing and Spending under the General Welfare Clause (2012) (with Robert D. Cooter)

Issues Edited

• The Constitutionality of the Affordable Care Act: Ideas From the Academy, 75 Law & Contemporary Problems (No. 3, 2012)

Articles and Essays

• Equality Arguments for Abortion Rights, 60 UCLA Law Review Discourse 160-170 (2013) (with Reva B. Siegel)
• Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System, 111 Michigan Law Review 931-953 (2013) (reviewing Jack M. Balkin, Living Originalism (2011))
• "Early-Bird Special" Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision, 121 Yale Law Journal Online 389-411 (2012) (with Michael C. Dorf)
• Distinguishing the 'Truly National' from the 'Truly Local': Customary Allocation, Commercial Activity, and Collective Action, 62 Duke Law Journal 797-828 (2012)
• Foreword, The Constitutionality of the Affordable Care Act: Ideas from the Academy, 75 Law & Contemporary Problems i-vi (2012)
• Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision, 75 Law & Contemporary Problems 29-72 (No. 3, 2012)
• Not the Power to Destroy: An Effects Theory of the Tax Power, 98 Virginia Law Review 1195-1253 (2012) (with Robert D. Cooter).   Foreword: Academic Influence on the Court, by Neal Katyal.
• The Liberty of Free Riders: The Minimum Coverage Provision, Mill's 'Harm Principle,' and American Social Morality, 38 American Journal of Law & Medicine 374-396 (2012) (with Jedediah Purdy)
• Four Constitutional Limits that the Minimum Coverage Provision Respects, 27 Constitutional Commentary 591-619 (2011)
• Collective Action Federalism: A General Theory of Article I, Section 8, 63 Stanford Law Review 115-185 (2010) (with Robert D. Cooter), republished as revised in, Comparative Constitutional Design 219-265 (Tom Ginsburg ed., 2012)
• A Coase Theorem for Constitutional Theory, 2010 Michigan State Law Review 583-595 (Symposium: A Response to Barry Friedman, The Will of the People (2009))
• Interring the Rhetoric of Judicial Activism, 59 DePaul Law Review 555-599 (2010) (Clifford Symposium)
• Prudentialism in 'McDonald v. City of Chicago', 6 Duke Journal of Constitutional Law & Public Policy 16-30 (Special Issue 2010)
• Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination, 59 Duke Law Journal 771-798 (2010) (with Reva B. Siegel) (response by Associate Justice Ruth Bader Ginsburg)
• "Equal Citizenship Stature": Justice Ginsburg's Constitutional Vision, 43 New England Law Review 799-855 (2009) (Symposium on the jurisprudence of Associate Justice Ruth Bader Ginsburg)
• Pregnancy and Sex-Role Stereotyping, From 'Struck' to 'Carhart', 70 Ohio State Law Journal 1095-1113 (2009) (with Reva B. Siegel) (Symposium on the jurisprudence of Associate Justice Ruth Bader Ginsburg)
• California Climate Change and the Constitution, 25 Environmental Forum 50-63 (July/August 2008) (with Christopher H. Schroeder & others)
• Dole's Future: A Strategic Analysis, 16 Supreme Court Economic Review 165-204 (2008)
• International Delegations and the Values of Federalism, 71 Law & Contemporary Problems 93-113 (Winter 2008)
• The Virtue of Judicial Statesmanship, 86 Texas Law Review 959-1032 (2008)
• Umpires at Bat: On Integration and Legitimation, 24 Constitutional Commentary 701-732 (2007) (published 2008)
• Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Insight of Paul Mishkin, 95 California Law Review 1473-1513 (2007) (with Robert C. Post)
• Commandeering and Its Alternatives: A Federalism Perspective, 59 Vanderbilt Law Review 1629-1691 (2006)
• Race-Conscious Student Assignment Plans: Balkanation, Integration, and Individualized Consideration, 56 Duke Law Journal 781-860 (2006)
• Some Modest Uses of Transnational Legal Perspectives in First-Year Constitutional Law, 56 Journal of Legal Education 201-215 (2006)
• A Prescription for Perilous Times, 93 Georgetown Law Journal 1645-1679 (2005) (reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004)).
• A Theory In Search of a Court, and Itself: Judicial Minimalism at the Supreme Court Bar, 103 Michigan Law Review 1951-2019 (2005).
• State Sovereign Immunity and Stare Decisis: Solving the Prisoners' Dilemma Within the Court, 89 California Law Review 1165-1198 (2001)
• Why the Eleventh Amendment Always Matters, Even When Transaction Costs are Zero: A Reply to Professor Farber, 18 Constitutional Commentary 177-189 (2001)
• Sen and the Hart of Jurisprudence: A Critique of the Economic Analysis of Judicial Behavior, 87 California Law Review 1581-1608 (1999)

Newspaper Articles and Commentary

• Does CNN Deserve to be Reelected?, Huffington Post (November 8, 2012, 2:44 PM)
• Romney, Women, and the Supreme Court, Huffington Post (November 5, 2012, 9:10 AM)
• Yes, the Justices Indeed 'Make Law', Raleigh News & Observer, July 13, 2009
• The Meaning of the Court's Decision in the School Cases, Contra Costa Times, July 2007
• Beware the Anti-Freedom Amendment, Raleigh News & Observer, June 9, 2006, at A15
• Detainees and the Constitution, Raleigh News & Observer, September 27, 2006, at A13
• Separating Childhood Heroes from Today's Politics, Philadelphia Inquirer Feb. 24, 2006, at A15
• Separating Childhood Heroes from Today's Politics, Philadelphia Inquirer, Feb. 24, 2006, at A15
• Time For Both Sides to Get Real About Alito, Durham Herald Sun, January 12, 2006, at A7
• Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal, Jan. 18, 2005 (with Erwin Chemerinsky)
• Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal Jan. 18, 2005 (with Erwin Chemerinsky)
• Medical Marijuana: Read Between the Lines, Raleigh News & Observer June 14,2005, at A11
• Medical Marijuana: Read Between the Lines, Raleigh News & Observer, June 14,2005, at A11
• Remembering Chief Justice Rehnquist, Washington Post Sept. 5, 2005, at A30
• Remembering Chief Justice Rehnquist, Washington Post, Sept. 5, 2005, at A30
• Rigorous Questions Would Be Only Fair, Philadelphia Inquirer July 21, 2005, at A19
• Rigorous Questions Would Be Only Fair, Philadelphia Inquirer, July 21, 2005, at A19
• Taking Issue: Americans Deserve Answers, National Public Radio Online, Oct. 20, 2005
• Taking Issue: Americans Deserve Answers, National Public Radio Online Oct. 20, 2005
• The Conservative Choice is a Moderate, Raleigh News & Observer, July 6, 2005, at A13
• The Conservative Choice is a Moderate, Raleigh News & Observer July 6, 2005, at A13
• The Rhetoric Behind Strict Constructionism, Durham Herald-Sun June 19, 2005, at A11 (with Aziz Huq)
• The Rhetoric Behind Strict Constructionism, Durham Herald-Sun, June 19, 2005, at A11 (with Aziz Huq)
• Why President Bush Should Not Take the 5th, Houston Chronicle, June 17, 2005, at B11
• Nomination Could Bridge Divide, Sun Sentinel (Fort Lauderdale, Fla.), November 22, 2004, at 23A
• The Election and the U.S. Supreme Court, Chicago Tribune November 2, 2004, at C21