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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.
Emilie K. Aguirre
Forthcoming
- Converging on Disclosure, Duke Law Journal Online () (with Veronica Root Martinez)
- Disrupting Venture Innovation, Journal of Corporation Law () (with Michael J. Burstein)
Works in Progress
- Narrative Inversion: How Win-Win Framing and Measurement Shape Conflict Over Social Initiatives () (under review) (with Julie Yen)
- Organizing for Multiple Objectives () (with others)
- Guarding Purpose () (with Veronica Root Martinez)
- Profiting from Prediction () (with others)
Articles & Essays
- An Organizational Theory of Corporate Law, 50 Journal of Corporation Law 567-616 () (with others)
- The Hidden Cost of Venture Capital, 111 Iowa Law Review 63-115 ()
Aslihan Asil
Forthcoming
- Are Private Equity Funds Liable for Anticompetitive Acquisitions?, Stanford Journal of Law, Economics, and Business () (with others)
Works in Progress
- Painful Bargaining: Evidence from Anesthesia Rollups () (with others)
- How Do Commercial Banks Leverage Market Power? () (with Jakub Kastl)
- Can Robinson-Patman Enforcement Be Pro-Consumer? ()
Jennifer L. Behrens
Articles & Essays
- As They Think Best: A History of the 'One Crowded Hour' Autograph Manuscript, in Regulation and Imagination: Legal, Literary, and Historical Perspectives on Highway Robbery 137-146 (Ross E. Davies, )
- Book Review, 117 Law Library Journal 436-437 () (reviewing Elie Mystal, Bad Law: Ten Popular Laws That Are Ruining America (2025))
Stuart M. Benjamin
Articles & Essays
- Making Broadcast Content Regulation Aggressive Again, 6 Journal of Free Speech Law 1047-1114 ()
Newspaper Articles and Commentary
- Brendan Carr and the Fog of War, Volokh Conspiracy ()
- The FCC Chair's Unprecedented, and Constitutionally Problematic, Response to Jimmy Kimmel, Volokh Conspiracy ()
- The New Administrative State?, 108 Judicature (, at 68) (with others)
- Donald Trump Promising a Position to RFK Jr. Isn't Illegal, Volokh Conspiracy ()
- The Supreme Court's Reasoning Prohibits the Deplatforming Limits That the Parties Care About, Volokh Conspiracy ()
Donald H. Beskind
Books
- Problems in Trial Advocacy (NITA, 2006, 2007, 2011, 2013, 2015, 2017, 2019, 2021, 2023, ) (with Anthony J. Bocchino)
Robert Bishop
Works in Progress
Joseph Blocher
Forthcoming
- Bad Facts: The Supreme Court’s Embrace of History and the Erosion of Fact-Finding (Harvard University Press, ) (with Brandon L. Garrett)
- Historians as Experts in Constitutional Law, 79 Stanford Law Review () (with Brandon L. Garrett)
- Standards of Fact Review in Constitutional Litigation, 127 Columbia Law Review () (with Brandon L. Garrett)
- The Common Use Test and the Question of Constitutional Coverage, 125 Michigan Law Review ()
- The History and Tradition of Firearms Localism, 105 Texas Law Review () (with Patrick J. Charles)
- 'Form Is of Some Consequence’: How the Peculiar Style of Amendments Has Shaped American Constitutional Law, Florida Law Review () (with Lawrence A. Zelenak)
- Cumulative Burdens on Second Amendment Rights, 106 Boston University Law Review () (with Hayley Lawrence)
- Historical Facts and Constitutional Law: New Challenges for Originalist Doctrine, 75 Duke Law Journal () (with others)
- Rights, then History: Choosing History and Tradition Based on Expected Case Outcomes, Notre Dame Law Review Online ()
- The Ambitions of History and Tradition in and Beyond the Second Amendment, 174 University of Pennsylvania Law Review () (with Reva Siegel)
- The Role of Speech Institutions When Both Speech and Institutions Are Threatened, in The Elgar Companion to Free Expression (Ashutosh Bhagwat & Alan Chen eds., )
Works in Progress
- Cheap Violence: Weapons and the Law () (with Brandon L. Garrett)
Books
- The Second Amendment: Gun Rights and Regulation (Foundation Press, ) (with others)
Articles & Essays
- Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Texas Law Review 679-734 () (with Brandon L. Garrett)
- Historical and Legal Basis of Non-Encounter Restorative Justice Interventions for Gun Violence, 29 Contemporary Justice Review 143-154 () (with others)
- A Critique of Findings on Gun Ownership, Use, and Imagined Use from the 2021 National Firearms Survey: Response to William English, 78 SMU Law Review 239-264 () (with others)
- Bruen in a Changing Judiciary, 74 Duke Law Journal Online 139-151 (Spring )
- Gitlow as a Guide to Holmes, 6 Journal of Free Speech Law 775-799 ()
- Listening on Campus: Academic Freedom and its Audiences, 98 Southern California Law Review 1161-1191 ()
- Teaching Firearms Law: One Big Opportunity and Three Pedagogical Challenges, 34 William and Mary Bill of Rights Journal 407-420 () (with others)
- Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 () (with Christopher Buccafusco)
- “Murder the Media”: Press Freedom, Violence, and the Public Sphere, in The Future of Press Freedom: Democracy, Law, and the News in Changing Times 52-63 (RonNell Andersen Jones & Sonja R. West eds., )
Newspaper Articles and Commentary
- Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts, Slate () (with Brandon L. Garrett)
- Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Christopher Buccafusco)
Rachel Brewster
Articles & Essays
- The Rise of Global FCPA Settlements, 104 Texas Law Review 299-371 ()
Chris Buccafusco
Forthcoming
- Style Marks, University of Chicago Law Review () (with Sari Mazzurco)
Articles & Essays
- How Big Is Copyright’s Second Bite?: An Empirical Assessment of Copyright Reversion, 75 Duke Law Journal 1077-1140 () (with others)
- Copyrighting Style, 72 Journal of the Copyright Society 1091-1129 ()
- Measuring the Value of Trademark Distinctiveness: Evidence from the Market for Bordeaux Wines, 22 Journal of Empirical Legal Studies 403-413 () (with others)
- Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 () (with Joseph Blocher)
- Trade Secrecy's Information Paradox, 100 Notre Dame Law Review 925-982 () (with others)
Newspaper Articles and Commentary
- Copyright Maximalism for the Public Good?, JOTWELL () (reviewing Benjamin Sobel, Copyright Accelerationism, 100 Chicago Kent Law Review (forthcoming 2025))
- A Matter of Respect: It’s Time for Atlanta To Embrace a Shift in the Braves Name, Sports Business Journal () (with Marty Buccafusco)
- Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Joseph Blocher)
- The Textualist Supreme Court Misreads the Copyright Act Once Again, JOTWELL () (reviewing Peter Karol, What's The Use? The Structural Flaw Undermining Warhol v. Goldsmith, Journal of the Copyright Society (forthcoming 2024))
- How Copyright Is Killing Creativity — Except Taylor Swift’s, The Hill () (with Glynn S. Lunney, Jr.)
Samuel W. Buell
Works in Progress
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, 1st ed. 2021, 2nd ed. 2022, 3rd ed. 2023, 4th ed. 2024, 5th ed. )
Articles & Essays
- Attribution and Aggregation: Problems in Criminal Agency Liability, in Research Handbook on Agency and Intermediation 359-371 (Deborah A. DeMott & Tan Cheng Han eds., )
- The Political and Professional Economies of US Global Corporate Criminal Enforcement, in The Oxford Handbook of Institutions of International Economic Governance and Market Regulation (Eric Brousseau, Jean-Michel Glachant, & Jérôme Sgard eds., )
Newspaper Articles and Commentary
- The Supreme Court Assumes Joe Biden Won’t Abuse Its Horrific Immunity Ruling, Slate () (with Darrell A.H. Miller)
Doriane Coleman
Newspaper Articles and Commentary
- Wrong About Me and Wrongheaded About Duke, Chronicle (Duke) ()
- Why Elite Women’s Sports Need to Be Based on Sex, Not Gender, Washington Post ()
- XY Athletes in Women’s Olympic Boxing: The Paris 2024 Controversy Explained, Quillette ()
James D. Cox
Books
- Securities Regulation: Cases and Materials (Aspen Law & Business, Wolters Kluwer, Aspen Publishing 2022-, 1991, 2d ed. 1997, 3d ed. 2001, 4th ed. 2004, 5th ed. 2006, 6th ed. 2009, 7th ed. 2013, 8th ed. 2017, 9th ed. 2019, 10th ed. 2022, 11th ed. ) (with others)
Articles & Essays
- Shareholder Litigation in Delaware: An Empirical Investigation, 78 Vanderbilt Law Review 433-491 () (with others)
John M. de Figueiredo
Works in Progress
Elisabeth de Fontenay
Works in Progress
- Private Equity for All: The Paradoxical Push to Democratize Private Markets () (with William W. Clayton)
Articles & Essays
- Corporate Governance in the Private-Markets Era, in The Oxford Handbook of Corporate Law and Governance, 2nd ed. (Jeffrey N. Gordon & Wolf-Georg Ringe eds., )
- The Credit Markets Go Dark, 134 Yale Law Journal 779-857 () (with Jared A. Ellias)
Deborah A. DeMott
Books
- Research Handbook on Agency and Intermediation (Edward Elgar Publishing, ) (editor with Tan Cheng Han)
Articles & Essays
- An Overview of Agency Doctrine, in Research Handbook on Agency and Intermediation 16-31 (Deborah A. DeMott & Tan Cheng Han eds., ) (with Tan Cheng Han)
- Introduction, in Research Handbook on Agency and Intermediation 2-15 (Deborah A. DeMott & Tan Cheng Han eds., ) (with Tan Cheng Han)
- When Sleepers Awake: Sellers' Regret and Art-Market Intermediaries, in Research Handbook on Agency and Intermediation 267-287 (Deborah A. DeMott & Tan Cheng Han eds., )
Kate Evans
Articles & Essays
- The Road to Slow Deportation, 74 Duke Law Journal 1389-1439 () (with Elana Fogel)
Newspaper Articles and Commentary
- Congress Must Hold the Line: ICE Cannot Be Allowed to Break Into Our Homes, The Hill () (with Elana Fogel)
- Protect Your Constitutional Rights: Don’t Fall for the Laken Riley Act’s Security Theater, The Hill () (with others)
Nita A. Farahany
Works in Progress
- Fiduciary AI for the Future of Brain-Technology Interactions () (with others)
Articles & Essays
- Die Wirkliche Gefahr Liegt in der Erosion der Autonomie: Ein E-Mail-Interview über Kognitive Freiheit und die Problematische Nutzung Neuronaler Daten, 17 Zeitschrift für Medienwissenschaft 84-89 () (with others)
- Neural Biometric Data, Privacy, and Enhancements: A Discussion with Dr. Nita Farahany, Professor of Law and Philosophy at Duke University, 1 AI in Neuroscience 61-65 () (with Esther Yuh)
- Reference Guide on Neuroscience, in Reference Manual on Scientific Evidence 1185-1268 () (with Henry T. Greely)
Gina-Gail S. Fletcher
Forthcoming
- Regulating DeFi Platforms, 111 Minnesota Law Review () (with others)
- Coordinated Retail Trading, William & Mary Law Review ()
- Corporate Complicity in Voter Suppression: From Selma to Today, in Race, Racism, and the Law (Guy-Uriel Charles & Aziza Ahmed eds., ) (with H. Timothy Lovelace, Jr.)
- The Limits of Transparency: Regulating AI in the Financial Markets, in Research Handbook of Artificial Intelligence & the Law (K. Johnson & C. Reyes eds., )
Works in Progress
- Profiting from Prediction () (with others)
- Disclosure and Manipulation ()
- The Issuer Problem With Arbitration () (with Nicole Iannarone)
Newspaper Articles and Commentary
- Racial Goals & Private Companies: What's Legal & What's Not, JOTWELL () (reviewing Atinuke Adediran, Racial Targets, 118 Northwestern University Law Review 1455 (2024))
Michael D. Frakes
Works in Progress
- Strategic Patenting: Evidence from the Biopharmaceutical Industry () (with Melissa F. Wasserman)
- Deadlines Versus Continuous Incentives: Evidence from the Patent Office () (with Melissa F. Wasserman)
Articles & Essays
- Unveiling the Patent Landscape of Biologic Drugs, 120 Northwestern University Law Review 1315-1374 () (with Melissa F. Wasserman)
- The Effect of Provider Diversity on Racial Health Disparities: Evidence from the Military, Review of Economic Studies 1-32 () (with Jonathan Gruber)
Newspaper Articles and Commentary
- Ten Tips for Legal Empiricists, 23 Northwestern Journal of Technology and Intellectual Property (, at 227) (with others)
Brandon L. Garrett
Forthcoming
- Bad Facts: The Supreme Court’s Embrace of History and the Erosion of Fact-Finding (Harvard University Press, ) (with Joseph Blocher)
- The Oxford Handbook of AI and Criminal Justice (Oxford University Press, ) (editor)
- Historians as Experts in Constitutional Law, 79 Stanford law Review () (with Joseph Blocher)
- Standards of Fact Review in Constitutional Litigation, 127 Columbia Law Review () (with Joseph Blocher)
- Historical Facts and Constitutional Law: New Challenges for Originalist Doctrine, 75 Duke Law Journal () (with others)
- Applying a Cost-Benefit Analysis to Geofence Searches, 65 Jurimetrics () (with others)
Works in Progress
- Aversions to Criminal Justice Errors and Their Consequences () (with others)
- In-House Testing () (with Gregory Mitchell)
- Unboxing Plea Bargaining: The Durham, North Carolina Plea Tracking Project () (with others)
- Judging Fingerprint Evidence ()
- Testing AI () (with Cynthia Rudin)
Books
Articles & Essays
- AI and Criminal Justice in the United States, in AI Evidence and Criminal Proceedings (Katalin Ligeti ed., )
- Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Texas Law Review 679-734 () (with Joseph Blocher)
- Compensating Exonerees in the United States, in Causes and Remedies of Wrongful Conviction: a Comparative Analysis 355-384 (Jacopo Della Torre, Giulia Lasagni & Sílvia Pereira Puigvert eds., ) (with Luke Mears)
- Confession Contamination and DNA Exonerations, 1989-2025 ()
- The Brady Materiality Standard, 78 Stanford Law Review 303-364 () (with Adam M. Gershowitz)
- Artificial Intelligence and Procedural Due Process, 7 Journal of Constitutional Law 933-976 ()
- Driver's License Suspensions in North Carolina () (with Rita L. Grunberg)
- Ineffectiveness of the “Consistent with” Judicial Limitation on Forensic Firearm Identification Testimony, 49 Law and Human Behavior 387-397 () (with others)
- Introduction: Special Issue on Justice, Legitimacy, and Technology, 49 Law and Human Behavior 183-185 () (with others)
- New Insights on Expert Opinion About Eyewitness Memory Research, 20 Perspectives on Psychological Science 903-924 () (with others)
- Persistence of the Verbal Overshadowing and Weapon-Focus Effects on Lineup Identification Performance, 14 Journal of Applied Research in Memory and Cognition 416-427 () (with others)
- Plea Tracking in the Durham County District Attorney’s Office: Second Report on Superior Court Cases Pled from April 2021 to November 2023 () (with others)
- Reference Guide on Eyewitness Identification, in Reference Manual on Scientific Evidence 361-461 () (with Thomas D. Albright)
Newspaper Articles and Commentary
- Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts, Slate () (with Joseph Blocher)
- Principles for Just and Rational Policing, 108 Judicature (, at 18) (with others)
Crystal Grant
Articles & Essays
- Advancing Clinical Legal Education Through Networks, in Global Clinical Legal Education 69-81 (Jeff Giddings ed., ) (with others)
- Clinical Legal Education in North America, in Global Clinical Legal Education 279-291 (Jeff Giddings ed., ) (with others)
- Impact of Intersecting Identities on Student Well-being, 46 Journal of Developmental & Behavioral Pediatrics e632-e633 () (with others)
Sara Sternberg Greene
Works in Progress
Articles & Essays
- Exceptions in the Algorithmic Age: Evidence from the Case of Tenant Screening, 131 American Journal of Sociology 868-917 () (with others)
- The Savings Mirage, in Law and the 100-Year Life 134-145 (Anne L. Alstott, Abbe R. Gluck & Eugene Rusyn eds., )
Newspaper Articles and Commentary
- The War on Fraud Is Really a War on the Poor, The Hill ()
- Why the Government Wants Us to Save — And Why It’s Not Working, Salon ()
Lisa Kern Griffin
Forthcoming
- Honest Mistakes: Truth, Lies, and the Misleading Law of Questioning (Cambridge University Press, )
Ben K. Grunwald
Works in Progress
Laurence R. Helfer
Forthcoming
- Charting Shifts in Doctrine: Intellectual Property and the European Court of Human Rights, in Human Rights and Intellectual Property (Paul L.C. Torremans ed., ) (with Yuyan "Nicole" Zhang)
Articles & Essays
- Automating International Human Rights Adjudication, 46 Michigan Journal of International Law 69-120 () (with Veronika Fikfak)
- Collective Management of Copyrights and Human Rights in an Age of Technological Automation, in Collective Management of Copyright and Related Rights 67-96 (Daniel Gervais & João Pedro Quintais eds., ) (with Giulia Priora)
- Rethinking Human Rights Treaty Withdrawals: A Process-Based Approach, 26 Melbourne Journal of International Law () (with Başak Çalı)
- State Silence and the European Human Rights System, in State Silence Across International Law: Meaning, Context, and Developments 164-178 (Danae Azaria ed., ) (with Olivia C. Daniels)
Newspaper Articles and Commentary
- Has the U.S. Actually Withdrawn From the World Health Organization?, Just Security () (with Jean Galbraith)
Donald L. Horowitz
Forthcoming
- Ethnic Vote Pooling and Centripetal Politics () (with Helen Ting M.H.)
- Territorial Configurations and Ethnic Divisions, in The Law and Politics of Federalism (Erin F. Delaney, )
Books
- The Promise and Perils of Devolution: Federalism, Regional Autonomy, and Ethnic Conflict (Oxford University Press, )
Jayne Huckerby
Newspaper Articles and Commentary
- Suing the Taliban at the ICJ over Abuses of Afghan Women Isn’t a Panacea. Countries Must Do More Now, Just Security ()
Jennifer Jenkins
Books
- Music Copyright, Creativity, and Culture (Oxford University Press, )
Richard Katskee
Articles & Essays
- Mahmoud v. Taylor: Cause or Effect of Disruptions in Public Schools?, 24 First Amendment Law Review 253-290 () (with Ira C. Lupu)
Coalter G. Lathrop
Books
- International Maritime Boundaries, Volume VII-IX (Brill, ) (editor)
Newspaper Articles and Commentary
- In Its Hunt for Critical Minerals, the US Is Misconstruing What Is and Is Not America’s, The Conversation ()
- Reclaiming Authority: Forcing Seabed Mining Contractors to Choose Between the ISA and the USA, EJIL:Talk! () (with Franka Nodewald)
- Crisis as Catalyst: Seabed Minerals and the (Un)Making of International Law, Just Security ()
- The Latest Trump Threat to International Law: Unilaterally Mining the Area, EJIL:Talk! ()
Nancy Lauer
Articles & Essays
- A Pollution Crisis of Synthetic Plastic Polymers and Their Hidden Chemical Complexity, 8 One Earth 1-5 () (with others)
- Quantifying Riverine Plastic Pollution Using Participatory Science and Trash Traps, 4 Community Science 1-14 () (with others)
- The Cost of Litter in North Carolina () (with others)
- The Social Cost of Plastic to the United States, NI R 25-09 () (with others)
Margaret H. Lemos
Articles & Essays
- Should Judicial Opinions Be Read Like Statutes?, 120 Northwestern University Law Review 1631-1696 ()
- Studying Supreme Court Advocacy: A Response to the SCOTUS Tournament, 75 Duke Law Journal Online 93-107 ()
- The Solicitor General, Consistency, and Credibility, 100 Notre Dame Law Review 621-728 () (with Deborah A. Widiss)
David F. Levi
Newspaper Articles and Commentary
- Current Challenges Facing the Judiciary, 109 Judicature (, at 60) (with others)
- Biblical Judgments: An Interview with Justice Daphne Barak-Erez of the Supreme Court of Israel, 108 Judicature (, at 78) (with Daphne Barak-Erez)
- Judges Under Siege: Threats, Disinformation, and the Decline of Public Trust in the Judiciary, 108 Judicature (, at 8) (with others)
- Principles for Just and Rational Policing, 108 Judicature (, at 18) (with others)
Marin K. Levy
Forthcoming
- A “Judge’s Judge”, Academia Puertorriqueña de Jurisprudencia y Legislación ()
- Charles E. Clark and the Irony of Iqbal, 114 California Law Review () (with Andrew Bradt)
- Remedies for a Constitutional Crisis, 139 Harvard Law Review () (with others)
- Judicial Reform from the Inside Out, 101 Notre Dame Law Review () (with Daniel Epps)
Works in Progress
- Rulemaking All the Way Down () (with Zachary D. Clopton)
- Circuit Precedent () (with William Baude)
- Raising the Judicial Alarm () (with Trevor Morrison)
Articles & Essays
- Local Rulemaking, 75 Duke Law Journal 815-873 () (with Zachary D. Clopton)
- Defining the Field of Judicial Administration, 36 Yale Journal of Law & the Humanities 151-164 ()
- Local Rules, 111 Virginia Law Review 1187-1253 () (with Zachary D. Clopton)
- The Invention of the Judicial Administration State, 123 Michigan Law Review 1051-1072 () (reviewing Robert C. Post, The Taft Court: Making Law for a Divided Nation, 1921-1930 (2024))
Newspaper Articles and Commentary
- (In Defense of) Judicial Institutionalism, JOTWELL () (reviewing Rachel Bayefsky, Judicial Institutionalism, 109 Cornell Law Review (forthcoming 2024))
H. Timothy Lovelace, Jr.
Forthcoming
- Historical Facts and Constitutional Law: New Challenges for Originalist Doctrine, 75 Duke Law Journal () (with others)
- Corporate Complicity in Voter Suppression: From Selma to Today, in Race, Racism, and the Law (Guy-Uriel Charles & Aziza Ahmed eds., ) (with Gina-Gail S. Fletcher)
Articles & Essays
- Book Review, 59 Law & Society Review 458-460 () (reviewing Dylan C. Penningroth, Before the Movement: The Hidden History of Black Civil Rights (2023))
Veronica Root Martinez
Forthcoming
- The Board's Education Through Compliance Consultants, Law and Contemporary Problems ()
- Regulating Decentralized Finance, 111 Minnesota Law Review () (with others)
- Converging on Disclosure, Duke Law Journal Online () (with Emilie Aguirre)
- Diversity and Compliance, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Independent Compliance Monitors, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Independent Monitorships, in Cambridge Handbook of Organizational Culture and Misconduct (B. van Rooij, N. Tobsch, and N. Lord eds., )
- Purpose-Driven Compliance, Texas A&M Law Review ()
- The Miscalculation of Corporate DEI Risk, University of Pennsylvania Law Review () (with Lisa Fairfax)
Works in Progress
- Reforming the Corporation: Why Surface Fixes Keep Corporations in Crisis ()
- Guarding Purpose () (with Emilie Aguirre)
- Profiting from Prediction () (with others)
- Crime and Punishment: Corporate Criminal Prosecution and Corporate Misconduct () (with Syrena Shirley)
- Building a Culture of Ethical Inclusion ()
- Collaborative Compliance () (with Kevin E. Davis)
- From Artificial to Deliberative Compliance () (with Geeyoung Min)
- Middle Management: A Mission Critical Risk ()
- The Corporate Trauma of Corporate Purpose () (with Elize Maizel)
Books
- Professional Responsibility: A Contemporary Approach (West Academic Publishing, 6th ed. ) (with others)
Newspaper Articles and Commentary
- Binance Probe Exemplifies the Perils of ‘Surface Remediation’, Bloomberg Law ()
- How Boards Can Make the Most of Compliance Consultants, The CLS Blue Sky Blog ()
- The Miscalculation of Corporate DEI Risk, Compliance & Enforcement () (with Lisa M. Fairfax)
- Independent Monitorships, Corporate Culture, and the Limits of Compliance Reform, The CLS Blue Sky Blog ()
- Purpose-Driven Compliance, Harvard Law School Forum on Corporate Governance ()
- Are Corporate Monitors Really “Off the Table”? Not Quite., Compliance & Enforcement ()
- A Reflection on the OECD’s Report (Part II): Governments’ Assessments of Corporate Anti-Corruption Compliance, Compliance & Enforcement () (with Liz Carrasco)
- A Reflection on the OECD’s Report (Part I): Companies’ Assessments of Anti-Corruption Compliance, Compliance & Enforcement () (with Liz Carrasco)
Tim Meyer
Forthcoming
- The 'America First Trade Policy' in Practice, 119 American Journal of International Law () (with others)
Articles & Essays
- The Foreign Commerce Power, 114 California Law Review 407-477 () (with Kathleen Claussen)
- Plurilateralism and the Future of International Investment Law, 26 Journal of World Investment & Trade 219-246 ()
- Presidential Regulation, 42 Yale Journal on Regulation 803-871 () (with Ganesh Sitaraman)
Newspaper Articles and Commentary
- The Legal Authority (or Lack Thereof) for Trump’s Tariffs, Verfassungsblog ()
- How ‘Economic Security’ Is Re-Shaping Presidential Power, Just Security () (with Kathleen Claussen)
Yaron Nili
Forthcoming
- Peer Group Governance, Harvard Business Law Review ()
- Opting Out of Court? Reputation and Informal Norms in Private Equity, Vanderbilt Law Review () (with Kobi Kastiel)
Works in Progress
- Influence Without Control: Private Funds, Shareholder Engagement, and the New Law of Control () (with others)
- Common Ownership Directors () (with others)
- Declassifying Bylaws () (with others)
- Funding Nonprofit Diversity and Innovation () (with Atinuke O. Adediran)
- Hedge Fund Activism in Small Cap Companies () (with Kobi Kastiel)
- The Curious Case of Corporate Relational Contracts () (with others)
Articles & Essays
- Interlocking Directorates in the United States, in Research Handbook on Competition and Corporate Law 288-309 (Florence Thépot & Anna Tzanaki eds., )
Michelle Benedict Nowlin
Articles & Essays
- A Pollution Crisis of Synthetic Plastic Polymers and Their Hidden Chemical Complexity, 8 One Earth 1-5 () (with others)
- An Overview of Ocean Plastics Policy and the Importance of Public Education and Engagement, in Plastics in the Sea: Occurrence and Impacts 487-521 (Sandra E. Shumway & J. Evan Ward eds., ) (with others)
- Quantifying Riverine Plastic Pollution Using Participatory Science and Trash Traps, 4 Community Science 1-14 () (with others)
- The Social Cost of Plastic to the United States, NI R 25-09 () (with others)
Shu-yi Oei
Forthcoming
- Arthur Cockfield's Digital Economy: A Retrospective Analysis, Canadian Tax Journal ()
- The Origination Clause and The President's Tariffs, 103 Washington University Law Review () (with others)
- Global Tax Decluttering, 77 UC Law Journal () (with Diane M. Ring)
Works in Progress
- Beyond the Nation State: Transnational Actors and Networks in Post-2008 Global Tax Reform ()
- Disentangling Power and Preferences in Tax Treaty Negotiations: Analyzing Tax Treaties between Developing and OECD Countries Using Multilevel Modeling ()
Ashlee Paxton-Turner
Forthcoming
- "Corporate Democracy" in Case Law, 95 George Washington Law Review ()
- Corporate Politicking & Its Consequences, 85 Maryland Law Review ()
Jonathan Petkun
Articles & Essays
- Civilian Harm and Military Legitimacy: Evidence from the Battle of Mosul, 79 International Organization 332-357 () (with others)
- The Judicial Administrative Power, 93 George Washington Law Review 349-409 () (with Joseph Schottenfeld)
Newspaper Articles and Commentary
- The Progressive Case for American Power: Retrenchment Would Do More Harm Than Good, 103 Foreign Affairs () (with others)
Keith Porcaro
Newspaper Articles and Commentary
- Rising Legal Tech Giants Will Dominate—Not Democratize—Practice, Bloomberg Law ()
H. Jefferson Powell
Newspaper Articles and Commentary
- Symmetry and Constitutional Adjudication, Balkinization () (reviewing Zachary Price, Constitutional Symmetry: Judging in a Divided Republic (2024))
Jedediah Purdy
Issues Edited
- Legal Theory & Capitalism - Part II, 88 Law and Contemporary Problems (No. 3, ) (with Justin Deystone)
- Legal Theory & Capitalism - Part I, 88 Law and Contemporary Problems (No. 1, ) (with Justin Deystone)
- Politics and the Rule of Law, 87 Law and Contemporary Problems (No. 3, ) (with Madhav Khosla)
Articles & Essays
- A Democratic Rule of Law, 87 Law and Contemporary Problems 293-329 ()
- Foreword, 88 Law and Contemporary Problems i-iii () (with Justin Deystone)
- Foreword, 87 Law and Contemporary Problems i-v () (with Madhav Khosla)
Newspaper Articles and Commentary
- What Are We Living Through in Trump 2.0? Here Are 3 Possibilities, New York Times () (with others)
- What Are We Living Through?: Three Competing Narratives of the Second Trump Administration, Boston Review () (with David Pozen)
- Ecology in an Era of Fragmentation, 72 Dissent (, at 115)
- On Constitutional Crisis, the Rule of Law, and the Fate of Democracy, LPE Blog ()
- NC Voters Need to Know More About Judicial Candidates’ Stances, Not Less, News & Observer () (with Emily Coward)
- Harris Can Win on the Economy, but She Needs a Stronger Message, New York Times () (A version of this article appears in print on September 15, 2024, Section SR, Page 4 of the New York edition with the headline: Harris Needs a Stronger Message on the Economy)
- The Creed: How Did American Come to Worship the Constitution?, 319 The Nation (, at 64) (reviewing Aziz Rana, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (2024))
Shitong Qiao
Forthcoming
- Governing With Digital Platforms: A Chinese Lesson for the U.S.?, Duke Journal of Comparative & International Law ()
Works in Progress
Books
- The Authoritarian Commons: Neighborhood Democratization in Urban China (Cambridge University Press, )
Articles & Essays
- From Taxi to Didi: Voice and Balancing in the Industrial Transition, Law & Social Inquiry () (with Bingwan Xiong)
Arti K. Rai
Works in Progress
Articles & Essays
- Molecular Diagnostic Patenting After Mayo v. Prometheus: An Empirical Analysis, 22 Journal of Empirical Legal Studies 144-162 () (with others)
- Recent Changes in Discretionary Denials of Drug Patent Challenges, 3 Health Affairs Scholar 1-3 () (with others)
- The Future of AI Regulation in Drug Development: A Comparative Analysis, 12 Journal of Law and the Biosciences 1-14 () (with others)
- The Puzzle of Biologics Manufacturing Platform Patents, 43 Nature Biotechnology 295-299 () (with others)
- What Patents on AI-Derived Drugs Reveal, 388 Science 924-926 () (with Janet Freilich)
Newspaper Articles and Commentary
- The Future of Scientific Innovation, The Regulatory Review () (with Tasneem Mohammad)
- Patent Puzzles After the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion, PatentlyO ()
Mara Revkin
Works in Progress
Articles & Essays
- Civilian Harm and Military Legitimacy: Evidence from the Battle of Mosul, 79 International Organization 332-357 () (with others)
- Reintegrating Iraqis Returning Home After Conflict: Lessons from Variation Between Four Communities, MEAC Findings Report 41 () (with others)
- The Dangerous Rise of "Dual-Use" Objects in War, 134 Yale Law Journal 2645-2750 () (with others)
Newspaper Articles and Commentary
- The Israel-Hamas Conflict: International Law, Accountability, and Challenges in Modern Warfare, Judicature International ()
- The Progressive Case for American Power: Retrenchment Would Do More Harm Than Good, 103 Foreign Affairs () (with others)
Emily Ryo
Forthcoming
- Representation in Removal Proceedings, Indiana Law Journal () (with others)
- Weaponizing Immigration Detention, Iowa Law Review () (with others)
Articles & Essays
- Criminalization of Immigration, 11 RSF: The Russell Sage Foundation Journal of the Social Sciences 282-343 () (with others)
- Intergroup Boundaries and Removal Decisions, Journal of Law, Economics, and Organization 1-33 () (with Ian Peacock)
- Racial Disparities in Crime-Based Removal Proceedings, 109 Minnesota Law Review 1997-2088 () (with others)
- Immigration Detention as a Shadow Carceral System, 28 Theoretical Criminology 577-598 ()
Bailey Sanders
Works in Progress
- Product Market Power as a Labor Distortion: The Case of Home Production Substitutes () (with others)
- Hidden Religious Restrictions: A Market Perspective ()
Articles & Essays
- Religious Riders and the Sherman Act, 124 Michigan Law Review 715-775 ()
- Growing Market Power Among Catholic Hospitals Restrains Access to Reproductive Health Care () (with others)
- An Antitrust Approach to Sex Equality, 45 Columbia Journal of Gender & Law 287-339 ()
- The Role of Judge Gender and Ideology in Hiring Female Law Clerks, 13 Journal of Law and Courts 397-419 () (with others)
Richard L. Schmalbeck
Works in Progress
Articles & Essays
- Make the GSTT Exemption Portable Between Spouses, 186 Tax Notes Federal 311-316 () (with Jay A. Soled)
Steven L. Schwarcz
Forthcoming
- Debt Capital Markets, in Oxford Handbook of Corporate Finance Law (Felix Steffek & Gabriel Rauterbeg eds., )
- Market Maker of Last Resort, in Elgar Concise Encyclopedia on Securities Law and Regulation (Hans Tjio, Iris Chiu & Heikki Marjosola eds., )
- Rethinking Private Ordering: The Financial Disclosure Quandary, 2027 University of Illinois Law Review ()
- Bankruptcy's Demise: The Flawed Safe Harbor, Business Lawyer () (with the assistance of Jack Tiedemann and Gwyneth Bernier)
- Commercial Reasonableness, 31 Stanford Journal of Law, Economics & Business ()
- Regulating Compliance in a World of Decentralized Finance () (with Jack Tiedemann)
- Regulating DeFi Platforms, 111 Minnesota Law Review () (with others)
- Subordination: A Functional and Theoretical Analysis, 52 Journal of Corporation Law () (with Isabelle Stewart)
Works in Progress
- Strategizing & Critiquing Liability Management ()
- Unifying Business Law ()
- ‘Unclogging’ the Equity of Redemption: Collapsing Deceptive Corporate Structures () (with Emma Vaughn-Matthews)
- Assigning Future ‘Rights’: A Modern Conception of Nemo Dat ()
Issues Edited
- U.S.-EU Comparative Financial Regulation, 88 Law and Contemporary Problems (No. 2, ) (with others)
- Regulating Digital Currencies, 87 Law and Contemporary Problems (No. 2, ) (with others)
Articles & Essays
- Foreword, 88 Law and Contemporary Problems i-vii () (with others)
- Recharacterizing Contracts: The Sale-versus-Loan Problem of Receivables Financing, 100 American Bankruptcy Law Journal 68-115 () (with Isabelle Stewart)
- Bankruptcy's Redistributive Policies: Net Value or a "Zero-Sum Game"?, 99 American Bankruptcy Law Journal 261-305 () (with the assistance of Jack Tiedemann)
- De-Mystifying Digital Currencies, 87 Law and Contemporary Problems 1-29 () (with assistance from David N. Ord)
- Foreword, 87 Law and Contemporary Problems i-x () (with others)
- Money: A Functional Analysis, 30 Stanford Journal of Law, Economics & Business 1-32 ()
- Secondary-Default Remedies: Should Harshness Limit Enforcement?, 51 Journal of Corporation Law 1-31 ()
Laura M. Scott
Articles & Essays
- Opening the Channels and Speeding the Game: A Short History of Transactional Forms, The Green Bag Almanac & Reader 275-285 ()
Jonathan Seymour
Articles & Essays
- Bankruptcy Appeal Barriers, 82 Washington and Lee Law Review 87-188 ()
Neil S. Siegel
Articles & Essays
- Balkin Amid Balkanization: Constitutional Construction, the Uses of History, and Interpretive Discretion in a Divided Country, 13 Texas A&M Law Review 625-644 ()
Jonathan B. Wiener
Forthcoming
- Advanced Introduction to Risk Regulation (Edward Elgar Publications, ) (with K. Arden Rowell)
- Planetary Policies for Defense Against Asteroids and Protection Against Contamination, in Space Risk Management: Securing Progress for Humanity (Saquib Hyat-Khan & Kurt Engemann eds/, ) (with others)
- Space as Province, Property, and Planetary Protection: Risk and the Rise of the Interplanetary, in Province of All Mankind”? Property in Outer Space Under Public and Private International Law & Philosophy (Samantha Besson ed., )
- Artificial General Intelligence and Existential Risk: Lessons from Climate Change Policy () (with K. Arden Rowell)
- Unintended Consequences and Solar Radiation Modification () (with others)
Articles & Essays
- Interplanetary Risk Regulation, 26 Chicago Journal of International Law 73-106 () (with Chase Hamilton)
- Multi-Risk Governance of Solar Radiation Modification, 16 European Journal of Risk Regulation 1246-1262 () (with others)
- Practical Paths to Risk-Risk Analysis of Solar Radiation Modification , 5 Oxford Open Climate Change, article kgaf012, 1-9 (2025) (with others)
- The International Risk Governance Council: Reflections on a Twenty-Year Experiment in Support of Improved Risk Governance, 45 Risk Analysis 3860-3874 () (with others)
Ernest A. Young
Forthcoming
- Teaching for Constitutional Conversations, in (H.W. Perry ed., )
- Uncertain Enforcement and Standing to Sue, Boston University Law Review ()
Works in Progress
- Our Federal Executive ()
Books
- The Supreme Court and the Constitution (Foundation Press, 1st ed. 2017, 2nd ed. )
Articles & Essays
- States in the Separation of Powers, 48 Harvard Journal of Law & Public Policy 1-31 ()
- What Belongs in a Constitutional Law Casebook?, 34 William & Mary Bill of Rights Journal 485-496 ()
Lawrence A. Zelenak
Forthcoming
- 'Form Is of Some Consequence’: How the Peculiar Style of Amendments Has Shaped American Constitutional Law, Florida Law Review () (with Joseph Blocher)
Newspaper Articles and Commentary
- Moore Thoughts, TaxProf Blog ()
Alex Zhang
Forthcoming
- Chinese Legal Research in a Nutshell (West Academic Publishing, )
Works in Progress
Articles & Essays
- Goodson Law Library, Duke University Law School, in Organizational Structures of Academic Law Libraries: Past, Present, and Future, Volume 3 83-104 (Elizabeth Adelman & Jessica de Perio Wittman eds., )
- Information Retrieval in the Age of Generative AI: A Mismatch That Matters, 44 Legal Reference Services Quarterly 297-306 ()
- NLP Driven Citation Analysis of Legal Scholarship: Challenges and Opportunities, in Handbook of Trends and Innovations Concerning Library and Information Science 177-201 (Barbara Jane Holland ed., ) (with Jiebei Luo)