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)
  • Book Review, Journal of Moral Philosophy (forthcoming) (reviewing Dale Dorsey, The Basic Minimum: A Welfarist Approach (2012))
  • Book Review, Oeconmia (forthcoming) (reviewing Marc Fleurbaey & Franois Maniquet, A Theory of Fairness and Social Welfare (2011))

Books

Articles and Essays

Works in Progress

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

Newspaper Articles and Commentary

  • FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for the Internet Time, Washington Post (March 12, 2015)

Books

  • North Carolina Evidentiary Foundations (Lexis Nexis, 3d ed. 2014) ( with 2002, 2004, 2008 Supplements) (with Robert P. Mosteller)
  • 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)

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

  • Ukraine and Russia: "You Break It, You Bought It", Financial History (October 01, 2014 28-32) (with Mitu Gulati)

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

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • Republicans Fail in an Attempt at a Civics Lecture to Iranian Leaders, The Conversation (March 11, 2015)
  • Supreme Court Holds that Alien Tort Statute Does Not Apply to Conduct in Foreign Countries, 17 ASIL Insights (April 18, 2013, at 18)
  • Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions, Lawfare (January 11, 2013)
  • Foreign Official Immunity in U.S. Courts Since Samantar, Lawfare (December 17, 2012)

Works in Progress

Articles and Essays

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

  • 'White Collar' Crime, in Oxford Handbook of Criminal Law 837-861 (M. Dubber & T. Hornle eds., 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)

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

Articles and Essays

Articles and Essays

  • San Bernardino Eminent Domain Proposal, Consumer Finance Law Quarterly Report 164-173 (Nos. 1 & 2 2013) (with others)

Newspaper Articles and Commentary

  • Red States Will Suffer, Slate.com (March 05, 2015)

Forthcoming

Books

Articles and Essays

Newspaper Articles and Commentary

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

Forthcoming

  • Lawfare, in National Security Law (John Norton Moore & Robert F. Turner eds., forthcoming)

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)

Forthcoming

  • Life Begins at Consciousness, in Finding Consciousness (Walter Sinnott-Armstrong, ed., forthcoming)

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

  • Regulation: The FDA is Overcautious on Consumer Genetics, 505 Nature 286-287 (Jan. 16, 2015) (with Robert C. Green)
  • Introduction, in The Island of Dr. Moreau (2014)
  • 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 (NOMOS LII) (James E. Fleming & Sanford Levinson eds, 2012)
  • Searching Secrets, 160 University of Pennsylvania Law Review 1239-1308 (2012)

Forthcoming

  • Lying and the Letter of the Law (forthcoming)
  • Hindsight Blindness (forthcoming)
  • Silence, Confessions, and the New Accuracy Imperative, 65 Duke Law Journal (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, 79 Law & Contemporary Problems (No. 1, forthcoming) (co-editor with Karen J. Alter & Mikael Rask Madsen)
  • How Context Shapes the Authority of International Courts, 79 Law & Contemporary Problems (forthcoming) (with Karen J. Alter & Mikael Rask Madsen) (with others)
  • Collective Management of Copyright and Human Rights Revisited, in Collective Management of Copyright and Related Rights (3d ed. Daniel Gervais ed., forthcoming)
  • The Evolution of Codification: A Principal-Agent Theory of the International Law Commission's Influence, in Custom;s Future: International Law in a Changing World (Curtis Bradley ed., forthcoming) (with Tim Meyer)

Works in Progress

  • African Sub-regional Courts and Human Rights: Access, Interpretation and Remedies (part of a symposium on Comparing Regional Human Rights Courts and Commissions)
  • Kenya’s Backlash Against the International Criminal Court: Strategies and Consequences (with Annie Showalter, 2017 JD-LLM candidate)
  • Understanding State Backlashes Against International Courts  (with Karen J. Alter)
  • Backlash Against International Courts in West, East, and Southern Africa: Causes and Consequences (with Karen J. Alter & James T. Gathii)
  • Custom in the Age of Soft Law (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)

Newspaper Articles and Commentary

  • Gender, Violent Extremism, and Countering Violent Extremism, Just Security (March 03, 2015)

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

  • Commentary on Corey Brettschneider's Democratic Rights: The Substance of Self-Government, Law, Culture and the Humanitities (forthcoming)
  • Five Questions, in Five Questions on Pragmatism (James Johnson, 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

  • Some Ideas on How Political Scientists Can Develop Real-World Implications from Their Research (Without Becoming Policy Wonks or Law Professors), in Making Law and Courts Research Relevant: The Normative Implications of Empirical Research 14-26 (Brandon L. Bartles & Chris W. Bonneau eds., 2015) (with others)
  • Positive Models and Normative Theory, 8 Journal of Law, Economics and Organization 190-196 (2014)
  • Justice and Fairness, 1 Annual Review of Political Science 425-449 (2014)
  • The Imperative of Non-Ideal Theory, 12 Political Studies Review 361-368 (2014) (reviewing Elizabeth Anderson, The Imperative of Integration (2010))
  • Reconsidering Judicial Preferences, 16 Annual Review of Political Science 11-31 (2013) (with Lee Epstein)

Issues Edited

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

Books

Articles and Essays

Newspaper Articles and Commentary

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

Articles and Essays

Articles and Essays

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

  • Opinion Analysis: Bargaining in the Shadow of Equitable Apportionment, SCOTUSblog (March 03, 2015)
  • Threat Goes Beyond Gene Nichol, Charlotte Observer (February 21, 2015) (with Victor B. Flatt)
  • 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

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)

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)
  • Sex and the Ballot Box: Perception of Ballot Measures Regarding Same-Sex Marriage and Abortion in California, 34 Journal of Public Policy 3-33 (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)

Articles and Essays

  • Foreword, 31 Alaska Law Review iii-iv (2015)

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 International Law (forthcoming)
  • The UNIDROIT Principles as Global Background Law, 19 Uniform Law Review (forthcoming)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Throwing Away the Respect of Mankind, Huffington Post (March 11, 2015)

Articles and Essays

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)
  • Designing CO2 Performance Standards for a Transitioning Electricity Sector: A Multi-Benefits Framework, 44 Environmental Law Reporter 11068-11078 (2014) (with David Hoppock)
  • 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)

Forthcoming

  • The Law in Chains: the American Attorneys General and Slavery, 1789-1871 (forthcoming)

Books

Articles and Essays

  • Slow Reading and Living Speech: James Boyd White on What a Constitutional Law Opinion is For, in Living in a Law Transformed: Encounters with the Works of James Boyd White ch. 5 (Julen Etxabe & Gary Watt eds., 2014)
  • 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 & Contemporary Problems 221-231 (No. 4, 2012) (with Stanley Hauerwas)

Forthcoming

  • After Nature: Living in the Anthropocene (Harvard University Press, forthcoming)
  • Property and the Constitution, in Oxford Handbook of US Constitutional Law (Mark Graber, Mark Tushnet, & Sandy Levinson, eds., forthcoming)

Issues Edited

  • Law and Neoliberalism, 77 Law & Contemporary Problems (No. 4 2014) (Special Editor with David Singh Grewal)

Articles and Essays

Newspaper Articles and Commentary

  • Ayn Rand Comes to U.N.C., The New Yorker (March 19, 2015)
  • Socialism or Barbarism? Syriza, Economics, and Democracy, Huffington Post (February 19, 2015)
  • The Long Game of the Moral March, New Yorker (February 18, 2015)
  • 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)

Forthcoming

Books

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

Articles and Essays

Forthcoming

  • Reforming the Politics of Animal Research, Journal of Medical Ethics (forthcoming) (with Lisa Levin)

Articles and Essays

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)
  • The Feigned Issue in the Federal System (January 01, 2012)

Articles and Essays

Newspaper Articles and Commentary

  • Saving Originalism's Soul, Library of Law and Liberty (December 17, 2014)
  • 'Calvinball' with the US Constitution, San Francisco Daily Journal (November 18, 2014, at 7)
  • 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)
  • Professor Stephen Sachs and Atlantaic Marine v. U.S. District Court, Volokh Conspiracy (October 11, 2013)
  • The Case for "Constitutional Backdrops" (January 01, 2012)

Forthcoming

  • International Enviornmental Law & Policy (forthcoming) (with others)
  • Regulatory Exit, Vanderbilt Law Review (forthcoming) (with J.B. Ruhl)
  • Endangered Species Protection in a Changing Climate, in Adapting to Climate Change (Carl Bauer & Lance Gunderson eds.,, forthcoming) (with others) (with Camille Parmesan)

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)

Works in Progress

  • Ending the Sweetheart Deal Between Big-Time College Sports and the Tax System (March 17, 2014)

Articles and Essays

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

  • Special - Purpose Entities in National Finance (May 02, 2013)

Articles and Essays

Newspaper Articles and Commentary

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

Forthcoming

Works in Progress

  • Coercive Taxing, Noncoercive Spending, and Strategic Bundling (March 19, 2015) (with Robert D. Cooter)
  • Historical Gloss and the Judicial Power (March 19, 2015) (with Curtis A. Bradley)
  • Madison's Reasoning (January 01, 2014)

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

  • Windsor: Encouraging Constitutional Change, Not (Just) Clearing the Channels of Political Change, Balkinization (March 17, 2015)
  • Clear Text Versus Extra-Textual Considerations: Bond, Noel Canning, and King, Balkinization (March 05, 2015)
  • 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

  • Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with Edward Balleisen, Lori Bennear & Kim Krawiec)
  • New Approaches to International Regulatory Cooperation, 78 Law & Contemporary Problems (No. 4 forthcoming) (editor, with Richard Stewart, Neysun Mahboubi & Reeve Bull)
  • Improving International Regulatory Cooperation: TTIP as a Step Toward a Global Policy Laboratory, 78 Law & Contemporary Problems (forthcoming) (with Alberto Alemanno)
  • Precaution and Climate Change, in Oxford Handbook of International Climate Change Law (Cinnamon Carlarne et al. eds., forthcoming)
  • 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)
  • Intellectual Property and Alternatives: Strategies for Green Innovation, in Intellectual Property Rights: Legal and Economic Challenges for Development 356-391 (Mario Cimoli et al. eds., 2014) (with others)
  • Responding to Agency Avoidance of OIRA, 37 Harvard Journal of Law & Public Policy 447-521 (2014) (with Nina Mendelson)
  • Using and Improving the Social Cost of Carbon, 346 Science 1189-1190 (5 December 2014) (with others)
  • 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

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