Recent Scholarship

Where possible, links are provided for the full text of items listed below. Preference is given to freely accessible sources, but access to some materials may be available only through institutional database licenses or on a pay-for-use basis.

The full text of scholarship produced by Duke Law faculty members can also be found in the Law School's Faculty Scholarship Repository, and in links from individual faculty members' bibliographies on the Faculty Profile pages.

 

Forthcoming

  • Oxford Handbook of Well-Being and Public Policy (Oxford University Press, forthcoming) (editor)
  • Equity by the Numbers: Measuring Poverty, Inequality, and Injustice, Alabama Law Review (forthcoming)
  • Value and Cost-Benefit Analysis, in Oxford Handbook of Value Theory (Iwao Hirose & Jonas Olson eds., forthcoming)
  • Welfarism, Equity, and the Choice between Statistical and Identified Victims, in Statistical versus Identified Lives (I. Glenn Cohen, Norman Daniels & Nir Eyal eds., forthcoming)
  • Book Review, Oeconmia (forthcoming) (reviewing Marc Fleurbaey & Franois Maniquet, A Theory of Fairness and Social Welfare (2011))
  • Book Review, Journal of Moral Philosophy (forthcoming) (reviewing Dale Dorsey, The Basic Minimum: A Welfarist Approach (2012))

Works in Progress

Books

Articles and Essays

Books

Issues Edited

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Has the Great Big-Bank Die Off Begun?, Seeking Alpha (July 11, 2012)

Forthcoming

Articles and Essays

Books

Articles and Essays

Books

  • Problems in Trial Advocacy (NITA, 2013) (with Anthony J. Bocchino)

Newspaper Articles and Commentary

  • Sequence Your Exhibits to Focus the Jury, 50 Trial (July 01, 2014)

Forthcoming

  • New Problems for Subsidized Speech, 55 William & Mary Law Review (forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • 6 Ways to Get Happy (or Less Miserable), The Careerist (January 07, 2014)
  • Gerald Bard Tjoflat: A Profile, 11 11th Circuit Historical News (January 01, 2014 1, 18-23)
  • Will Unions Kill Twinkies Again?, The Daily Caller (May 02, 2013)
  • The Unhappiest Job in America?, Talent Management (April 04, 2013)
  • Six Big Myths About Lawyers, The Careerist (February 19, 2013)
  • Obama's Payback to Labor Thwarted by DC Court, Daily Caller (January 28, 2013)
  • A New Years Resolution for Labor, Daily Caller (January 03, 2012)

Books

  • Intellectual Property: Law & the Information Society Cases & Materials (Center for the Study of the Public Domain, 2014) (with Jennifer Jenkins)
  • Intellectual Property: Law & the Information Society Selected Statutes & Treaties (Center for the Study of the Public Domain, 2014) (with Jennifer Jenkins)

Articles and Essays

Newspaper Articles and Commentary

  • Public by Sufferance Alone: The Worst of 2012, Huffington Post (January 10, 2013) (with Jennifer Jenkins)

Forthcoming

  • Custom in Crisis (forthcoming) (editor with Ingrid Wuerth)
  • Constructed Constraint and the Constitutional Text, 64 Duke Law Journal (forthcoming) (with Neil Siegel)
  • Federalism, Treaty Implementation, and Political Process: Bond v. United States, 108 American Journal of International Law (forthcoming)
  • History's Constitution: How Governmental Practices Define the Separation of Powers (forthcoming)

Books

Articles and Essays

Newspaper Articles and Commentary

Works in Progress

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • US-Europe Fight Over Airline Emissions Could Help Talks On Climate Change, Christian Science Monitor (January 01, 2013)

Forthcoming

Issues Edited

Articles and Essays

Forthcoming

  • Appeals, in International Encyclopedia of the Social & Behavioral Sciences (forthcoming) (with Marin K. Levy)

Works in Progress

  • Book Review (January 01, 2013) (reviewing Jeffrey O'Connell & Thomas E. O'Connell, Political and Legal Adventurers: From Marx to Moynihan (2009))
  • The War on Poverty and Guaranteed Student Loans: The Consequences for the Legal Profession (January 01, 2013)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Bring the Justices Back to Earth (Op-Ed.), New York Times (April 10, 2012, at A23)

Forthcoming

Works in Progress

Books

Articles and Essays

Books

Articles and Essays

Articles and Essays

Articles and Essays

Books

Issues Edited

Articles and Essays

Articles and Essays

Articles and Essays

Forthcoming

Articles and Essays

Forthcoming

Books

Articles and Essays

Newspaper Articles and Commentary

  • The Skeptical Principal, Concurring Opinions (May 21, 2013) (Symposium on The Essays of Warren Buffett)

Articles and Essays

Newspaper Articles and Commentary

  • Book Review, Lawfare (July 18, 2014)  (reviewing Robert M. Gates, Duty: Memoirs of a Secretary at War (2014))
  • Does the Intelligence Community Fear Lawyers...or Legal Scrutiny?, Just Security (July 02, 2014)
  • Leave No Soldier Behind -- No Exceptions, The Great Debate (June 04, 2014)
  • Still Shortchanged: Some Observations About the New Army/Marine Corps COIN Doctrine, Small Wars Journal (May 18, 2014)
  • Top Ten Reasons Sen. Gillibrand's Bill is the Wrong Solution to Military Sexual Assault, Just Security (December 09, 2013)
  • Forum: The Moral Responsibility of Volunteer Soldier, Boston Review (November 01, 2013) (Nov/Dec 2013)
  • Despite McCain's Words, Our Military Needs More, Not Fewer Women, Newsobserver.com (June 10, 2013)
  • No Panacea in President's Counterterrorism Policy, Huffington Post (May 30, 2013)
  • A Peek But Still No Clear Policy on Using Force Against U.S. Citizens, Newsobserver.com (February 06, 2013)
  • Charles Dunlap on the Discussion Started by Mark Mazzetti, The Drone Zone,, Lawfare (July 12, 2012)
  • Bad Policies Breed Bad Behavior on Modern Battlefield Situations, Cleveland Plain Dealer (April 22, 2012)
  • We Need New Policy, Not Draftees, New York Times (March 18, 2012)

Works in Progress

  • Empirical Use of Behavioral Genetics and Neuroscience in Criminal Law, 2004-2010 (January 01, 2012)
  • On Cognitive Liberty (January 01, 2012)
  • Privacy Lost and Found (January 01, 2012)

Articles and Essays

  • Testing the Presumption of Consent to Emergency Treatment for Acute Ischemic Stroke, 311 Journal of the American Medical Association 1689-1691 (2014) (with others)
  • A Neurological Foundation for Freedom, 2012 Stanford Technology Law Review 4
  • Incriminating Thoughts, 64 Stanford Law Review 351-408 (2012)
  • Law and Behavioral Morality, in Evolution and Morality (James E. Fleming & Sanford Levinson eds, 2012) (Nomos 52)
  • Searching Secrets, 160 University of Pennsylvania Law Review 1239-1308 (2012)

Forthcoming

Issues Edited

Articles and Essays

Forthcoming

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • The Content of One's Racial Character, Huffington Post (April 04, 2013) (with Devon Carbado)

Forthcoming

  • The Law and Politics of the Andean Tribunal of Justice (Oxford University Press, forthcoming) (with Karen J. Alter)
  • Symposium on International Courts in Context, 78 Law & Contemporary Problems (No. 4, forthcoming) (with others)
  • Mapping the Interface Between Human Rights and Intellectual Property, in Human Rights and Intellectual Property: From Concepts to Practice (Christophe Geiger ed., forthcoming)
  • Pharmaceutical Patents and the Human Right to Health: The Contested Evolution of the Transnational Legal Order on Access to Medicines, in Transnational Legal Orders (Terence Halliday & Greg Shaffer eds., forthcoming)
  • The Codification of Foreign Official Immunity, in Custom in Crisis (Curtis Bradley & Ingrid Wuerth eds., forthcoming) (with Tim Meyer)

Works in Progress

  • Backlash Against International Courts in West, East, and Southern Africa: Implications for Theories of Judicial Independence (September 22, 2014) (with others)
  • Custom in the Age of Soft Law (September 01, 2014) (with Ingrid Wuerth)

Books

  • Intellectual Property and Human Rights (Edward Elgar, 2013) (editor)

Articles and Essays

Books

Articles and Essays

  • Beloved: An American Grammar Book, 143 Daedalus 107-114 (Winter 2014)

Newspaper Articles and Commentary

  • Shield the Children (On Public Death and Spectacle), Raleigh News & Observer (August 24, 2014)
  • Speakers for the Dead (On Brain Death, Race and Cultures of Dying), NewBlackMan (in Exile) (February 01, 2014)

Books

Articles and Essays

Works in Progress

  • Problematic Rights and Rhetoric in the Trafficking-Terrorism Nexus (January 01, 2013)

Books

Articles and Essays

  • Gender, Counter-Terrorism and International Law, in Research Handbook on International Law and Terrorism 163-176 (Ben Saul ed., 2014)
  • Unpacking the Trafficking-Terror Nexus, in Gender National Security, and Counter-Terrorism: Human Rights Perspectives (Margaret L. Satterthwaite & Jayne C. Huckerby eds., 2013)
  • Introduction, in Gender, National Security, and Counter-Terrorism: Human Rights Perspectives 1-14 (Margaret L. Satterthwaite & Jayne C. Huckerby eds., 2013) (with Margaret L. Satterthwaite)

Books

  • Intellectual Property: Law & the Information Society Cases & Materials (Center for the Study of the Public Domain, 2014) (with James Boyle)
  • Intellectual Property: Law & the Information Society Selected Statutes & Treaties (Center for the Study of the Public Domain, 2014) (with James Boyle)

Articles and Essays

Newspaper Articles and Commentary

  • Public by Sufferance Alone: The Worst of 2012, Huffington Post (January 10, 2013) (with James Boyle)

Forthcoming

  • How Do Courts Establish and Maintain Legitimacy?, in Oxford Handbook of American Law and the Judiciary (Lee Epstein & Stefanie A. Lindquist eds., forthcoming)

Works in Progress

Articles and Essays

  • Reconsidering Judicial Preferences, 16 Annual Review of Political Science 11-31 (2013) (with Lee Epstein)

Forthcoming

Articles and Essays

Books

  • Intellectual Property: Cases and Materials (West Publishing, 4th ed. 2012) (with Annual Supplements 2005-2014 and Teacher's Manual 2003 & 2007) (with others)

Articles and Essays

Forthcoming

  • International Maritime Boundaries (M. Nijhoff, forthcoming) (editor)
  • Baselines, in Oxford Handbook on the Law of the Sea (Don Rothwell et al eds., forthcoming)

Articles and Essays

Works in Progress

  • An Examination of State Amicus Activity 1979-2010 (January 01, 2014) (with Kevin Quinn)
  • Judicial Decisionmaking (January 01, 2014) (with others)
  • Privatizing Government Litigation (January 01, 2014)

Articles and Essays

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • Viewpoints: Cuts Will Make Federal Judiciary Mediocre, Sacramento Bee (April 03, 2013)
  • The Constitution On Your Corner, National Law Journal (January 09, 2012)

Forthcoming

  • Appeals, in International Encyclopedia of the Social & Behavioral Sciences (forthcoming) (with Paul D. Carrington)

Works in Progress

  • Challenging the Randomness of Panel Assignment in the Fedral Appellate Courts (September 22, 2014)
  • Short-Circuiting Adjudication (September 22, 2014)
  • Visitors Among Us: The Role of Visiting Judges in the Federal Appellate Courts (September 22, 2014)

Books

Articles and Essays

Newspaper Articles and Commentary

  • What $18 Billion in 'Enforcement-Only' Buys, News & Observer (January 09, 2013)

Articles and Essays

  • Brief of Common Law Scholars as Amici Curiae in Support of Respondents, Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435 (U.S., Sept 2014)

Articles and Essays

  • An Exploration of "Noneconomic" Damages in Civil Jury Awards, William & Mary Law review 971-1027 (2014) (with others)
  • Health Trajectories of Women in China: The Role of Parental Caregiving, Journal of Gerontology Series B: Psychological Sciences and Social Sciences (2014) (with Matthew E. Dupre)
  • The Cumulative Impact of Unemployment on Risks of Acute Myocardial Infarction, Archives of Internal Medicine (2012) (with others)
  • Health Implications of Grandparents Caring for Grandchildren in China, 67 Journals of Gerontology Series B 99-112 (2012) (with Feinian Chen)
  • Psychological Well-Being of the Institutionalized and Community-Residing Oldest Old in China: The Role of Children, 75 Social Science & Medicine 1874-1882 (2012) (with others)

Works in Progress

  • Guide to Environmental Justice and Protection in North Carolina (January 01, 2014) (with grant support from Z. Smith Reynolds Foundation)

Articles and Essays

  • Using the Public Trust Doctrine to Achieve Ocean Stewardship, in Rule of Law for Nature: New Dimensions and Ideas in Environmental Law 365-379 (Christina Voigt ed., 2013)
  • Reports Identify Regulatory Gaps to be Filled to Allow Development of Shale Hydrocarbon Potential in North Carolina, Environmental News 4 (2012) 4/1/2012

Newspaper Articles and Commentary

  • Wrongly Shrouding Swine in Secrecy, Raleigh News & Observer (May 24, 2014) (with Michelle Nowlin)
  • NC Must Say No to Allowing Fracking Secrets, NewsObserver.com (November 21, 2013) (with Matthew McFeeley)
  • Which is it Mitch?, The Broccoli Horrible (September 27, 2013)
  • N.C. Lawmakers Passed Bad Billboard Bill; Veto it, Governor, Charlotte Observer (August 01, 2013)
  • Va. Doesnt Need to Mess Around With Uranium, Washington Post (January 04, 2013)

Forthcoming

  • Private Investment Companies and the JOBS Act, 20 Investment Lawyer (forthcoming)

Articles and Essays

  • Family Offices, in Investiment Adviser Regulation: A Step-By-Step Guide to Compliance and the Law (2013)
  • Protection Against Conflicts of Interest, in Mutual Funds and Exchange Traded Funds Regulation (Clifford E. Kirsch ed., 2013)

Articles and Essays

  • HIV/AIDS in the Southern USA: A Disproportionate Epidemic, 26 AIDS Care: Psychological and Socio-medical Aspects of AIDS/HIV 351-359 (2014) (with others)
  • Family Court Proceedings, in HIV & AIDS Benchbook (Joshua Bachrach & Cynthia Knox eds, 2012) (with others)

Forthcoming

  • Sex and the Ballot Box: Perception of Ballot Measures Regarding Same-Sex Marriage and Abortion in California, Journal of Public Policy (forthcoming) (with Craig M. Burnett)

Works in Progress

Articles and Essays

  • Knowledge and Networks: An Experimental Test of How Network Knowledge Affects Coordination, 36 Social Networks 122-133 (2014) (with others)
  • State and Local Government Finance: The New Fiscal Ice Age, 17 Annual Review of Political Science 105-122 (2014) (with D. Roderick Kiewiet)
  • Testing the Foundations of Quantal Response Equilibrium, in Social Computing, Behavioral-Cultural Modeling and Prediction 144-153 (Ariel M. Greenberg et al. eds, 2013) (with others)
  • Cheap, Easy or Connected: The Conditions for Creating Group Coordination, 86 Southern California Law Review 495-516 (2013) (with others)
  • Concepts of Law, 86 Southern California Law Review 517-570 (2013) (with Mark Turner)
  • Gaming Direct Democracy: How Voters' Views of Job Performance Interact with Elite Endorsements on Ballet Measures, 5 California Journal of Politics Policy 627-643 (2013) (with Craig M. Burnett)
  • When Common Wisdom Is Neither Common Nor Wisdom: Exploring Voters' Limited Use of Endorsements On Three Ballot Measures, 97 Minnesota Law Review 1557 (2013) (with Craig M. Burnett)
  • Human Matching Behavior in Social Networks: An Algorithmic Perspective, 7 PLOS One (2012) (doi:10.1371/journal.pone.0041900) (August 22, 2012) (with others)
  • Effects of Network Structure on Costly Coordination, in Association for Advancement of Artificial Intelligence Fall Symposium on Social Networks and Social Contagion (2012) (with Nicholas Weller)
  • Going Cognitive: Tools for Rebuilding the Social Sciences, in Grounding Social Sciences in Coginitive Sciences (Ron Sun ed., 2012) (with Mark Turner)
  • The Challenge of Flexible Intelligence for Models of Human Behavior, 2012 3-12 (Marshall School of Business, Working Paper No. FBE 03-12, 2012) (with others)
  • The Mythology of Game Theory, in Proceedings of the International Conference on Social Computing, Behavioral-Cultural Modeling & Prediction. Springer Lecture Notes in Computer Science (Shanchieh Jay Yang et.al. eds., 2012)
  • The Theory of Minds Within the Theory of Games, in Proceedings of the International Conference on Artificial Intelligence (2012) (with others)

Books

  • Rama (Bohemian Club, 2014) (Play Performed Friday, July 25, 2014 at the Bohemian Grove) (with Kenneth B. Baggott)

Articles and Essays

  • The Nez Perce Negotiations, in Through the Waters An Oral History of the Snake River Basin Adjudication 202-224 (Idaho State Bar Water Law Section & Randy Stapilus eds., 2014) (with others)
  • From Charisma to Routine: Presiding over Catastrophe's Aftermath, 29 Negotiation Journal 119-123 (2013) (reviewing Kenneth R. Feinberg, Who Gets What: Fair Compensation After Tragedy and Financial Upheaval (2012))
  • Evaluating and Improving the MDL Process, 38 Litigation 26-32 (2012) (with John G. Heyburn II)
  • Litigation After "Natural" Disasters, 15 International Liability Forum 13-22 (2012)

Forthcoming

  • What is Law Beyond the State? An Introduction, in [Title Forthcoming] (Michael Helfand ed., forthcoming)
  • Party Autonomy in Private International Law--A New Paradigm Without a Solid Foundation?, 15 Japanese Yearbook of Private International Law (forthcoming)
  • The UNIDROIT Principles as Global Background Law, 19 Uniform Law Review (forthcoming)

Books

Articles and Essays

Articles and Essays

Forthcoming

  • Designing CO2 Performance Standards for a Transitioning Electricity Sector: A Multi-Benefits Framework, Environmental Law Reporter (forthcoming) (with David Hoppock)

Articles and Essays

  • Beyond Carbon Dioxide: Capturing Air Quality Benefits with State 111(d) Plans (2014) (with Jeremy Tarr)
  • Completing the Energy Innovation Cycle: The View from the Public Utility Commission, 65 Hastings Law Journal 1345-1392 (2014) (with Sarah K. Adair)
  • New Source Review and Coal Plant Efficiency Gains: How New and Forthcoming Air Regulations Affect Outcomes, 70 Energy Policy 183 (2014) (with others)
  • A Triple Bottom Line for Electric Utility Regulation: Aligning State-Level Energy, Environmental, and Consumer Protection Goals, 38 Columbia Journal of Environmental Law 1 (2013) (with Sarah K. Adair)
  • Energy Efficiency and Greenhouse Gas Limits for Existing Power Plants: Learning from EPA Precedent (2013)
  • Design Issues for Linking Carbon Markets, in Designing Integration: The System of Climate Change Governance in North America (Neil Crank, Isabel Studer, & Debora Van Nijnatten, eds., 2013) (with others)
  • Regulating CO2 Under Section 111(d): Options, Limits, and Impacts (2013) (with others)
  • The State Role in Technology Innovation-- Deploying Low-Carbon Coal Technologies Series (2013) (with others)

Newspaper Articles and Commentary

  • Opportunities Exist for Progress, National Journal (January 09, 2013)

Forthcoming

  • Terror and Integrity: Preventive Detention in the Age of Jihad (Oxford University Press, forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • Wrongly Shrouding Swine in Secrecy, Raleigh News & Observer (May 24, 2014) (with Ryke Longest)
  • Fracking: the Role of Eminent Domain, News & Observer (June 07, 2012)

Books

Articles and Essays

  • The Humanity of Law, in Legal Affinities: Explorations in the Legal Form of Thought 101-120 (Patrick McKinley Brenann, H. Jefferson Powell & Jack Sammons eds, 2013)
  • William Rawle and Secession: Legal Rights and Political Wrongs, in Union and States' Rights: A History and Interpretation of Interposition, Nullification, and Secession 150 Years After Sumter 111-126 (Neil H. Cogan ed., 2013)
  • A Dialogue Between a Theologian and a Lawyer, 75 Law and Contemporary Problems 221-231 (2012) (with Stanley Hauerwas)

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • When Diversity Fails the Poor, Daily Beast (September 28, 2014)
  • Killing It, Los Angeles Review of Books Quarterly (September 07, 2014)
  • Why Some are More Equal Than Others, Daily Beast (September 02, 2014)
  • God Save Us From This Court, Daily Beast (July 22, 2014)
  • On Obama, Occupy, and Moral Monday, Daily Beast (July 05, 2014)
  • Time Bomb, Politico Magazine (July 03, 2014)
  • How to Fix Inequality After Piketty, Daily Beast (June 08, 2014)
  • Why Pollution is a Violent Crime, Daily Beast (May 08, 2014)
  • Time for Greens to Get Radical, Daily Beast (April 26, 2014)
  • We Need More Class Traitors, Daily Beast (April 20, 2014)
  • How 'Thrones' Explains DC Politics, Daily Beast (April 08, 2014)
  • What We Need to Fix Climate Change, Daily Beast (April 06, 2014)
  • The Accidental Neoliberal, N+1 (January 01, 2014)
  • How the Ag-Gag Bill Would Make Criminals Out of Do-Gooders, Newsobserver.com (May 28, 2013)
  • Open the Slaughterhouses, New York Times (April 09, 2013)
  • A Terrible Beauty, Avidly (February 15, 2013)
  • Whiteness in the Age of Obama, Huffington Post (November 26, 2012)
  • How to be American Here in the Future, Huffington Post (November 09, 2012)

Articles and Essays

Newspaper Articles and Commentary

  • Use Patents Can Be Useful: The Case of Rescued Drugs (August 07, 2014) (with Grant Rice)
  • Patentable Subject Matter at the Supreme Court: An Exceptional Case?, SCOTUSblog (February 04, 2013)
  • Moving Beyond "Isolated" Gene Patents, 341 Science (January 01, 2013) (with Robert Cook-Deegan)

Books

  • Intellectual Property Rights: Legal and Economic Challenges for Development (Oxford University Press, 2014) (editor with others)

Articles and Essays

Forthcoming

Articles and Essays

Books

  • Constitutional Theory: Arguments and Perspectives (LexisNexis, 4th ed. 2013) (with others)
  • Federal Courts in the Twenty-First Century (LexisNexis, 4th ed. 2013) (with others)
  • Civil Procedure (Foundation Press, 3d. ed. 2012) (with 2012 & 2013 Supplements) (with others)

Articles and Essays

Newspaper Articles and Commentary

  • Genesis Healthcare Corp. v. Symczyk: Losing Small Sure Beats Losing Big, Justice Watch (April 19, 2013)

Forthcoming

Works in Progress

  • Alternative Theories of the Crime (January 01, 2012)
  • Arms and Agents of the State (January 01, 2012)
  • Full Faith and Credit to Laws (January 01, 2012)
  • The Feigned Issue in the Federal System (January 01, 2012)

Articles and Essays

Newspaper Articles and Commentary

  • Post-Decision SCOTUScast, Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, Federalist Society (February 03, 2014)
  • Post-Argument SCOTUScast, Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, Federalist Society (November 12, 2013)
  • The Case for "Constitutional Backdrops" (January 01, 2012)

Forthcoming

  • International Enviornmental Law & Policy (forthcoming) (with others)
  • The Most Important Current Research Questions in Urban Ecosystem Services, Duke Environmental Law & Policy Forum (forthcoming) (with others)
  • Endangered Species Protection in a Changing Climate, in Adapting to Climate Change (Carl Bauer & Lance Gunderson eds.,, forthcoming) (with others) (with Camille Parmesan)

Works in Progress

Books

  • The Practice and Policy of Environmental Law (Foundation Press, 2014) (2008, 2d ed. 2010, 3d ed. 2014) (with others)
  • Concepts and Insights in Environmental Law and Policy (Foundation Press, 2013) (2003, 2d ed. 2007, 3d ed. 2010, 4th ed. 2013) (with Barton Thompson, Jr.)
  • Drinking Water: A History (Overlook Press, 2012) (paperback edition 2013)

Articles and Essays

Newspaper Articles and Commentary

  • Our Water System Withstood Hurricane Sandy, but the Threats Aren't Over, Washington Post (November 09, 2012, at B03)

Books

  • Environmental Regulation: Law, Science, and Policy (Aspen Publishers, 7th 2013) (Annual Supplements 1998-2002 & Statutory and Case Supplement with Internet Guide 2011-2014) (with others)

Newspaper Articles and Commentary

  • Why the Justice Department May be Right, Huffington Post (May 17, 2013)

Forthcoming

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

  • Understanding the Dangers of a Debt Default, Constitution Daily (October 05, 2013)

Forthcoming

  • Constructed Constraint and the Constitutional Text, 64 Duke Law Journal (forthcoming) (with Curtis A. Bradley)
  • None of the Law But One, Drake Law Review (forthcoming) (Constitutional Law Symposium on “The Obamacare Case and Its Significance for the 50th Anniversary of LBJ’s Great Society”)

Works in Progress

  • Madison's Reasoning (January 01, 2014)

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

  • Does CNN Deserve to be Reelected?, Huffington Post (November 08, 2012)
  • Romney, Women, and the Supreme Court, Huffington Post (November 05, 2012)

Articles and Essays

  • Missing McVeigh, 112 Michigan Law Review 1091-1110 (2014) (reviewing Jody Lynee Madeira, Killing McVeigh: The Death Penalty and the Myth of Closure (2012))
  • The National Security State: The End of Separation of Powers, Monthly Review 136-159 (2014) (July-August 2014)

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • The Anti-Tesla Campaign: Where is that Old-Tyme Free Market Fervor, Huffington Post (June 05, 2013)

Forthcoming

  • Recalibrating Risk: Crises, Perceptions, and Regulatory Change (forthcoming) (editor with Edward Balleisen, Lori Bennear, & Kim Krawiec)
  • Improving International Regulatory Cooperation: TTIP as a Step Toward a Global Policy Laboratory, 78 Law & Contemporary Problems (forthcoming) (with Alberto Alemanno)
  • Impact Assessment: Diffusion and Integration, in Comparative Law and Regulation (Francis Bignami & David Zaring, eds., forthcoming) (with Daniel Lima Ribeiro)

Articles and Essays

  • International Cooperation: Agreements and Institutions, in Climate Change 2014: Mitigation (Ottmar Edenhofer et al., eds., 2014)  (Intergovernmental Panel on Climate Change (IPCC), 5th Assessment Report (AR5), Working Group III) | Publisher's website | (with others)
  • Responding to Agency Avoidance of OIRA, 37 Harvard Journal of Law & Public Policy 447-521 (2014) (with Nina Mendelson)
  • Better Ways to Study Regulatory Elephants, European Journal of Risk Regulation 311-319 (2013)
  • The Diffusion of Regulatory Oversight, in Globalization of Cost-Benefit Analysis in Environmental Policy 123-141 (Michael A. Livermore & Richard L. Revesz eds., 2013)
  • The Politics of Precaution, and the Reality, 7 Regulation and Governance 258-265 (2013)
  • Book Review, 15 Journal of Risk Research 448-451 (2012) (reviewing Uncertain Risks Regulated (Michelle Everson & Ellen Vos eds., 2009) and Joakim Zander, The Application of the Precautionary Principle in Practice (2010))

Forthcoming

  • Constitutionalism Outside the Courts, in Oxford Handbook on the U.S. Constitution (Mark Graber, Sanford Levinson, & Mark Tushnet, eds., forthcoming)
  • The European Union: A Comparative Perspective, in Oxford Principles of EU Law (Takis Tridimas & Robert Schutze, eds., forthcoming)
  • Is There a Federal Definitions Power?, 64 Case Western Reserve University Law Review (forthcoming)

Books

  • The Supreme Court and the Constitutional Structure (West Publishing, 2012)

Articles and Essays

Newspaper Articles and Commentary

Books

Articles and Essays

Newspaper Articles and Commentary

  • How Congress Could Have Spared Us Tax-Day Headaches, BloombergView (May 08, 2013)
  • U.S. Income Tax -- 100 Years Old, and Almost Never Happened, The Globe and Mail (April 11, 2013)
  • When We Loved Form 1040, New York Times (April 01, 2013)

Articles and Essays