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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
Articles & Essays
- The Social Benefits of Control, 74 Duke Law Journal 681-740 ()
Aslihan Asil
Works in Progress
- Are Private Equity Funds Liable for Anticompetitive Acquisitions? () (with others)
- 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? ()
- When Do Intrabrand Non-Price Vertical Restraints Become Unreasonable? ()
Articles & Essays
- Can Machines Commit Crimes Under U.S. Antitrust Laws?, 3 University of Chicago Business Law Review 1-38 () (with Thomas G. Wollmann)
- Notification and Enforcement of PE-Backed Consolidation, 2024 Antitrust Chronicle 1-6 () (with Thomas G. Wollmann)
Katharine T. Bartlett
Books
- Gender Law and Policy (Aspen Publishing, 4th ed. ) (with others)
Jennifer L. Behrens
Articles & Essays
- A Great American Gun Myth: Race and the Naming of the "Saturday Night Special", 108 Minnesota Law Review Headnotes 293-313 () (with Joseph Blocher)
Stuart M. Benjamin
Articles & Essays
- Anti-Patents, 91 University of Chicago Law Review 239-277 () (with others)
- Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts, 1 Journal of Law and Empirical Analysis 1-13 () (with others)
Newspaper Articles and Commentary
- 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
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022, 2022-2023; Carolina Academic Press 2024-2025) (with Doriane Lambelet Coleman)
Joseph Blocher
Forthcoming
- 'Form Is of Some Consequence’: How the Peculiar Style of Amendments Has Shaped American Constitutional Law, Florida Law Review () (with Lawrence A. Zelenak)
- The Ambitions of History and Tradition in and Beyond the Second Amendment, 174 University of Pennsylvania Law Review () (with Reva Siegel)
- 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 () (with others)
- Teaching Firearms Law: One Big Opportunity and Three Pedagogical Challenges National Firearms Survey: Response to William English, 34 William and Mary Bill of Rights Journal () (with others)
- 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
- Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine () (with Brandon L. Garrett)
- Finding Holmes in Gitlow ()
- Gun Violence and Prescriptions for Repair: A Novel Non-Encounter Restorative Justice Intervention ()
- Making History () (with Brandon L. Garrett)
- The Early Years of the First and Second Amendments ()
- The Least Violence Avoider () (with others)
- When the Justices Question Facts () (with Brandon L. Garrett)
Books
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Oxford University Press, ) (editor with others)
Articles & Essays
- Bruen in a Changing Judiciary, 74 Duke Law Journal Online 139-151 (Spring )
- Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 () (with Christopher Buccafusco)
- A Great American Gun Myth: Race and the Naming of the "Saturday Night Special", 108 Minnesota Law Review Headnotes 293-313 () (with Jennifer L. Behrens)
- Firearm Policy in the Hospital Setting—Recognizing Health Care as a “Sensitive Place”, 332 JAMA 658-661 () (with others)
- Originalism and Historical Fact-Finding, 112 Georgetown Law Journal 699-748 () (with Brandon L. Garrett)
- Safe Storage Laws and Self-Defense from Heller to Bruen , 102 North Carolina Law Review 1353-1380 ()
- Originalism-by-Analogy and Second Amendment Adjudication, 133 Yale Law Journal 99-174 () (with Eric Ruben)
- Firearms Law and History in a New Doctrinal Era, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 1-8 (Joseph Blocher, Jacob D. Charles & Darrell A. H. Miller eds., ) (with others)
- Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 131-147 (Joseph Blocher, Jacob D. Charles & Darrell A. H. Miller eds., ) (with Caitlan Carberry)
- Fact Stripping, 73 Duke Law Journal 1-65 () (with Brandon L. Garrett)
- Firearms Law and Scholarship Beyond Bullets and Bodies, 19 Annual Review of Law and Social Science 165-177 () (with others)
Newspaper Articles and Commentary
- Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Christopher Buccafusco)
- “Murder the Media”: Press Freedom, Violence, and the Public Sphere, Knight First Amendment Institute Blog ()
- Gun Rights and Domestic Violence in Rahimi—Whose Traditions Does the Second Amendment Protect?, Balkinization () (with Reva Siegel)
James Boyle
Books
- Intellectual Property: Law & the Information Society: Cases & Materials (Center for the Study of the Public Domain, 1st ed. 2014, 2d ed. 2015, 3d ed. 2016, 4th ed. 2018, 5th ed. 2021, 6th ed. 2024) (with statutory supplement 2014, 2015, 2016 & 2019) (with Jennifer Jenkins)
- The Line: AI and the Future of Personhood (MIT Press, )
Newspaper Articles and Commentary
- The Unperson Of 2023, Techdirt ()
Rachel Brewster
Forthcoming
- The Rise of Global FCPA Settlements, Texas Law Review ()
Articles & Essays
- Arbitrating Corruption, 101 Washington University Law Review 923-960 ()
- A New Global Corporate Regulatory Power?: Market Entry as the Basis for Prescriptive Jurisdiction, 2023 University of Chicago Legal Forum 59-86 ()
- Paths Forward in International Economic Law: The Restoration of the Appellate Body or a Return to the GATT?, in New Trends in International Law: Festschrift in Honour of Judge Hisashi Owada 429-442 (Chia-Jui Cheng ed., )
- Flexible Institution Building in the International Anti-Corruption Regime: Proposing a Transnational Asset Recovery Mechanism, 117 American Journal of International Law 559-600 () (with others)
Chris Buccafusco
Forthcoming
- Trade Secrecy's Information Paradox, 100 Notre Dame Law Review () (with others)
Works in Progress
Articles & Essays
- Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 () (with Joseph Blocher)
- Antisocial Innovation, 58 Georgia Law Review 573-661 () (with Samuel N. Weinstein)
- Competition and Congestion in Trademark Law, 102 Texas Law Review 437-494 () (with others)
Newspaper Articles and Commentary
- Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Joseph Blocher)
- How Copyright Is Killing Creativity — Except Taylor Swift’s, The Hill () (with Glynn S. Lunney, Jr.)
Samuel W. Buell
Forthcoming
- Attribution and Aggregation: Problems in Criminal Agency Liability, in Elgar Handbook of Agency and Intermediation (Deborah DeMott & Tan Cheng Han eds., )
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. )
Articles & Essays
- Panel One: Administrative Law Judges and the SEC: A Supreme Court Issue, 29 Fordham Journal of Corporate & Financial Law 435-456 () (with others)
- The Limits of Individual Prosecutions in Deterring Corporate Fraud, 59 Wake Forest Law Review 557-639 ()
Newspaper Articles and Commentary
- The Supreme Court Assumes Joe Biden Won’t Abuse Its Horrific Immunity Ruling, Slate () (with Darrell A.H. Miller)
- The One Story About Trump That Jack Smith Needs to Tell at the Supreme Court, Slate () (with Darrell A. H. Miller)
Doriane Coleman
Books
- On Sex and Gender: A Commonsense Approach (Simon & Schuster, )
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022, 2022-23; Carolina Academic Press, 2024-2025) (with Donald H. Beskind)
Articles & Essays
- Sex Differences in Youth Elite Swimming Performance, 39 Physiology 2211 () (with others)
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 ()
- Title IX Sports Are Booming. They’re Also a Legal House of Cards, The Hill ()
James E. Coleman, Jr.
Newspaper Articles and Commentary
- Our Courts Are Plagued With Inequality. Judges Have a Chance to Address It., Charlotte Observer () (with Emily Coward)
James D. Cox
Books
- Business Organizations: Cases and Materials (Foundation Press, (unabridged ed.) 11th ed. 2014, 12th ed. 2019, 13th ed. ) (with others)
Articles & Essays
- Brief of Law and Business Professors as Amici Curiae in Support of Respondents , Macquarie Infrastructure Corp. v. Moab Partners, L.P., et al., No. 22-1165 (U.S. Dec. 20, 2023) (with others)
- SOX's Impact on the Quality of Financial Reporting, 78 Business Lawyer 685-704 ()
John M. de Figueiredo
Articles & Essays
- Budgets and the Timing, Intensity, and Composition of Interest Group Lobbying in the U.S. States , 6 Frontiers in Political Science, article 1288798, 1-17 (2024)
- How Do Inventors’ Political Preferences Affect Innovation?, 2023 Academy of Management Proceedings () (with others)
Elisabeth de Fontenay
Forthcoming
- Corporate Governance in the Private-Markets Era, in The Oxford Handbook of Corporate Law and Governance ()
Works in Progress
- Corporate Governance and the Rise of the Private Markets ()
- The Dry Powder Problem ()
Articles & Essays
- The Credit Markets Go Dark, 134 Yale Law Journal 779-857 () (with Jared A. Ellias)
Deborah A. DeMott
Forthcoming
- Elgar Handbook of Agency and Intermediation (Edward Elgar Publishing, ) (editor with Tan Cheng Han)
- An Overview of Agency Doctrine, in Elgar Handbook of Agency and Intermediation (Deborah DeMott & Tan Cheng Han eds., ) (with Tan Cheng Han)
Works in Progress
Charles J. Dunlap, Jr.
Forthcoming
- The Law of War and 'Dual Use' Commercial Satellites, in The Nexus of Commercial and National Security Space ()
Articles & Essays
- Return to Sender?: Analyzing the 'Open Letter' on Civilian Control of the Military, 15 Harvard National Security Journal 77-118 ()
Newspaper Articles and Commentary
- Book Reviews: Airpower in the War Against ISIS, 112 Joint Force Quarterly (, at 122) (reviewing Benjamin S. Lambeth, Airpower in the War Against ISIS (2021))
Shane Ellison
Articles & Essays
- The Toll Paid When Adjudicators Err: Reforming Appellate Review Standards for Refugees, 38 Georgetown Immigration Law Journal 143-206 ()
Kate Evans
Articles & Essays
- The Road to Slow Deportation, 74 Duke Law Journal 1389-1439 () (with Elana Fogel)
Newspaper Articles and Commentary
- Protect Your Constitutional Rights: Don’t Fall for the Laken Riley Act’s Security Theater, The Hill () (with others)
Nita A. Farahany
Articles & Essays
- Artificial Intelligence in Neurology: Opportunities, Challenges, and Policy Implications, 271 Journal of Neurology 2258-2273 () (with others)
- Beyond Neural Data: Cognitive Biometrics and Mental Privacy, 112 Neuron 3017-3028 () (with others)
- By Statute or by Common Law? The Legal Determination of Death, 24 American Journal of Bioethics 1-2 () (with others)
- Neurotech at Work, in The Year in Tech, 2024: The Insights You Need From Harvard Business Review ()
- U.S. Public Perceptions of the Sensitivity of Brain Data , 11 Journal of Law and the Biosciences, article lsad032, 1-20 (2024) (with others)
Newspaper Articles and Commentary
- Congress Is Right to Want to Curtail Tiktok’s Power and Influence, The Guardian ()
- The Battle for Your Brain: A Legal Scholar’s Argument for Protecting Brain Data and Cognitive Liberty, 107 Judicature (, at 44) (with Paul W. Grimm)
- Human Values in a Digital Age, 382 Science (, at 523) (reviewing Wendy H. Wong, We, the Data: Human Rights in the Digital Age (2023))
Gina-Gail S. Fletcher
Forthcoming
- 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., )
Articles & Essays
- Corporate Racial Responsibility, 124 Columbia Law Review 361-429 () (with H. Timothy Lovelace, Jr.)
Michael D. Frakes
Works in Progress
- Deadlines Versus Continuous Incentives: Evidence From the Patent Office () (with Melissa F. Wasserman)
Articles & Essays
- Public and Private Options in Practice: The Military Health System, 15 American Economic Journal: Economic Policy 37-74 () (with others)
Brandon L. Garrett
Forthcoming
- The Brady Materiality Standard, 78 Stanford Law Review () (with Adam M. Gershowitz)
Works in Progress
- Artificial Intelligence and Procedural Due Process ()
- Judging Fingerprint Evidence ()
- Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine () (with Joseph Blocher)
- Testing AI () (with Cynthia Rudin)
- The Impact of Defense Experts on Juror Perceptions of Firearms Examination Testimony () (with others)
Books
Articles & Essays
- Compensating Exonerees in the United States () (with Luke Mears)
- Evaluating Pre-trial Programs Using Interpretable Machine Learning Matching Algorithms for Causal Inference, 38 Proceedings of the AAAI Conference on Artificial Intelligence 22331-22340 () (with others)
- Judging Firearms Evidence, 97 Southern California Law Review 101-164 () (with others)
- Jurisdictions that Record Police Interrogations ()
- Liberty, Safety, and Misdemeanor Bail, 76 Florida Law Review 321-404 () (with others)
- New Insights on Expert Opinion About Eyewitness Memory Research, Perspectives on Psychological Science () (with others)
- Originalism and Historical Fact-Finding, 112 Georgetown Law Journal 699-748 () (with Joseph Blocher)
- Persistence of the Verbal Overshadowing and Weapon-Focus Effects on Lineup Identification Performance, Journal of Applied Research in Memory and Cognition () (with others)
- Psychological Science from Research to Policy: Eyewitness Identifications in Pennsylvania Police Agencies, 30 Psychology, Public Policy, and Law 462-478 () (with others)
- The Brady Database, 114 Journal of Criminal Law and Criminology 1-66 () (with others)
- The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice, 109 Cornell Law Review 561-627 () (with Cynthia Rudin)
- Judging Firearms Evidence and the Rule 702 Amendments, 107 Judicature 41-49 () (with others)
- Fact Stripping, 73 Duke Law Journal 1-65 () (with Joseph Blocher)
- Impact of Trauma Education and Growth Mindset Messaging on Public Attitudes About the Criminal Legal System, 19 Journal of Experimental Criminology 635-661 () (with others)
Sara Sternberg Greene
Works in Progress
- Centering Fraud in Poverty Law ()
- Justice Without Law(yers)?: Race, Class, and the Problem of Informality () (with Guy Charles)
Articles & Essays
- The Savings Mirage, in Law and the 100-Year Life 134-145 (Anne L. Alstott, Abbe R. Gluck & Eugene Rusyn eds., )
- Getting to Home: Understanding the Collateral Consequences of Negative Records in the Rental Housing Market, 74 Duke Law Journal 269-352 () (with others)
Newspaper Articles and Commentary
- Why the Government Wants Us to Save — And Why It’s Not Working, Salon ()
- NC Hospitals Use Deceit to Sue Patients, Take Their Homes, Charlotte Observer () (with Barak Richman)
Lisa Kern Griffin
Forthcoming
- Honest Mistakes: Truth, Lies, and the Misleading Law of Questioning (Cambridge University Press, )
Articles & Essays
- Being an Icon: Reflections on Sandra Day O'Connor, 76 Stanford Law Review 1881-1891 ()
- False Accuracy in Criminal Trials: The Limits and Costs of Cross Examination, 102 Texas Law Review 1011-1058 ()
Paul Grimm
Works in Progress
Articles & Essays
- Symposium on Scholars’ Suggestions for Amendments, and Issues Raised by Artificial Intelligence, 92 Fordham Law Review 2375-2439 () (with others)
- The GPTJudge: Justice in a Generative AI World, 23 Duke Law & Technology Review 1-34 () (with others)
- Is Disclosure and Certification of the Use of Generative AI Really Necessary?, 107 Judicature 69-77 () (with others)
Newspaper Articles and Commentary
- AI in the Courts: How Worried Should We Be?, 107 Judicature (64-72) (with others)
- The Battle for Your Brain: A Legal Scholar’s Argument for Protecting Brain Data and Cognitive Liberty, 107 Judicature (, at 44) (with Nita A. Farahany)
- More Public Trust in Courts Needed to Fight Threats to Judges, Bloomberg Law ()
- The Judiciary Is Under Attack. Lawyers Have a Duty to Defend It, Bloomberg Law ()
- Playing the Long Game: The Role of International Courts and Tribunals in the Russo-Ukrainian War, Judicature International (, at 1) (with others)
Ben K. Grunwald
Works in Progress
Articles & Essays
- Private Security and Public Police, 21 Journal of Empirical Legal Studies 428-481 () (with others)
- Racial Bias in Criminal Records, 40 Journal of Quantitative Criminology 489-531 ()
Laurence R. Helfer
Forthcoming
- Charting Shifts in Doctrine: Intellectual Property and the European Court of Human Rights, in Intellectual Property Law and Human Rights (Paul L.C. Torremans ed., ) (with Yuyan "Nicole" Zhang)
- African Sub-regional Approaches to Human Rights, in Oxford Handbook of Comparative Human Rights Law (Neha Jain & Mila Versteeg eds., ) (with Jo Un Eom)
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)
- 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)
- Treaty Withdrawals in a Turbulent World: A Retrospective on Exiting Treaties, in Leading Works in International Law 67-84 (Donna Lyons ed., )
- Flexible Institution Building in the International Anti-Corruption Regime: Proposing a Transnational Asset Recovery Mechanism, 117 American Journal of International Law 559-600 () (with others)
- Increasing Compliance with International Pandemic Law: International Relations and New Global Health Agreements, 402 The Lancet 1097-1106 () (with others)
Donald L. Horowitz
Forthcoming
- The Promise and Perils of Devolution: Federalism, Regional Autonomy, and Ethnic Conflict (Oxford University Press, )
- Territorial Configurations and Ethnic Divisions, in The Law and Politics of Federalism (Erin F. Delaney, )
Works in Progress
- Ethinic Vote Pooling and Centripetal Politics () (with Helen Ting M.H.)
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, )
- Intellectual Property: Law & the Information Society: Cases & Materials (Center for the Study of the Public Domain, 1st ed. 2014, 2d ed. 2015, 3d ed. 2016, 4th ed. 2018, 5th ed. 2021, 6th ed. 2024) (with statutory supplement 2014, 2015, 2016 & 2019) (with James Boyle)
Articles & Essays
- Mickey, Disney, and the Public Domain: A Ninety-Five-Year Love Triangle, 54 International Society of Barristers Quarterly 29-48 () (Originally published on January 1, 2024 on the website of the Center for the Public Domain, https://web.law.duke.edu/cspd /mickey/)
Richard Katskee
Articles & Essays
- Taking Liberties: The Supreme Court’s New Hierarchy of Rights and Its Victims, 127 West Virginia Law Review 173-200 ()
Jack Knight
Books
- Democratic Deals: A Defense of Political Bargaining (Harvard University Press, ) (with Melissa Schwartzberg)
Allison Korn
Articles & Essays
- The Persistent Disaster, 31 Indiana Journal of Global Legal Studies 91-139 ()
Margaret H. Lemos
Works in Progress
Articles & Essays
- The Solicitor General, Consistency, and Credibility, 100 Notre Dame Law Review 621-728 () (with Deborah A. Widiss)
David F. Levi
Newspaper Articles and Commentary
- Free Speech on Campus: Examining the Campus Speech Debate Through a First Amendment Lens, 107 Judicature (, at 54) (with Geoffrey R. Stone)
Marin K. Levy
Forthcoming
- Defining the Field of Judicial Administration, 36 Yale Journal of Law & the Humanities ()
- Judicial Reform from the Inside Out, 101 Notre Dame Law Review () (with Daniel Epps)
Works in Progress
- Local Rulemaking () (with Zachary D. Clopton)
- Local Rules () (with Zachary D. Clopton)
- Raising the Judicial Alarm () (with Trevor Morrison)
- State Representation on the Courts of Appeals ()
Books
- Written and Unwritten: The Rules, Internal Procedures, and Customs of the United States Courts of Appeals (Cambridge University Press, ) (with Jon O. Newman)
Articles & Essays
- 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))
Ryke Longest
Articles & Essays
- From Pollution to Resource: Advancing Swine Waste Treatment in the USA , 8 Frontiers in Sustainable Food Systems, article 1450649,1-15 (2024) (with others)
Newspaper Articles and Commentary
- Opinion: A Call to Forever Preserve The Point on Topsail Island, Star News Online ()
H. Timothy Lovelace, Jr.
Forthcoming
- 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
- Corporate Racial Responsibility, 124 Columbia Law Review 361-429 () (with Gina-Gail S. Fletcher)
Veronica Root Martinez
Forthcoming
- Professional Responsibility: A Contemporary Approach (West Academic Publishing, 6th ed. )
- Rethinking the “Fungible” Consultant, Law and Contemporary Problems ()
- The Impact of Monitors on Organizational Culture, in Cambridge Handbook of Organizational Culture and Misconduct (B. van Rooij, N. Tobsch, and N. Lord eds., )
- Diversity and Compliance, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Monitors and Compliance, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
Works in Progress
- A Tale of Two Self-Regulatory Regimes () (with Nicole Iannarone)
- Building a Culture of Ethical Inclusion ()
- Collaborative Compliance () (with Kevin E. Davis)
- Data-Driven Compliance () (with Geeyong Min)
- Firm-Driven Compliance ()
- Motivating the Middle ()
- The Economic Waste of Corporate Purpose ()
Articles & Essays
- Strengthening Government Capacity to Assess and Account for Corporate Anti-Corruption Compliance Measures and Programmes ()
- Supreme Impropriety: Assessing the Justices' Conduct, 87 Law and Contemporary Problems 147-181 ()
- Reframing the DEI Case, 46 Seattle University Law Review 399-419 ()
Newspaper Articles and Commentary
- Do the DOJ’s Sticks and Carrots Actually Work?, Compliance & Enforcement ()
Tim Meyer
Works in Progress
Articles & Essays
- Presidential Regulation, 42 Yale Journal on Regulation 803-871 () (with Ganesh Sitaraman)
- Consumption Governance: The Role of Production and Consumption in International Economic Law, 49 Brigham Young University Law Review 1063-1135 ()
- Copernican Revolution or Green Protectionism?, in The Sustainability Revolution in International Trade Agreements 301-318 (Geraldo Vidigal & Kathleen Claussen eds., )
- Designing a New Paradigm in Global Trade () (with others)
- Economic Security and the Separation of Powers, 172 University of Pennsylvania Law Review 1955-1988 () (with Kathleen Claussen)
- The National Security Consequences of the Major Questions Doctrine, 122 Michigan Law Review 55-96 () (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)
Peggy Nicholson
Articles & Essays
- The Children Are Our Future (Not Our Future Criminals): Protecting South Carolina’s Youngest Citizens by Setting a Minimum Age of Juvenile Court Jurisdiction, 75 South Carolina Law Review 883-924 ()
- Too Young to Suspend: Ending Early Grade School Exclusion by Applying Lessons from the Fight to Increase the Minimum Age of Juvenile Court Jurisdiction, 11 Belmont Law Review 334-383 ()
Yaron Nili
Works in Progress
- 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
- Independence Reconceived, 2023 Columbia Business Law Review 589-674 () (with Claire A. Hill)
- Specialist Directors, 41 Yale Journal on Regulation 652-716 () (with Roy Shapira)
- The Rise of Private Equity Continuation Funds, 172 University of Pennsylvania Law Review 1601-1666 () (with Kobi J. Kastiel)
Michelle Benedict Nowlin
Articles & Essays
- Transdisciplinary Doctoral Training to Address Global Sustainability Challenges , 3 PLOS Sustain Transform, article e0000091, 1-5 (2024) (with others)
- Enhanced U.S.-Canadian Collaboration on Marine Migratory Species, 53 Environmental Law Reporter 10911-10920 () (with others)
- Transboundary Marine Species at Risk & Their Recovery in a Changing Climate: Workshop Report () (with others)
Shu-yi Oei
Forthcoming
- 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 ()
- Global Taxation’s Distributional Fallout ()
Articles & Essays
- The Conflictual Core of Global Tax Cooperation, 16 World Tax Journal 663-717 () (with Diane M. Ring)
Ashlee Paxton-Turner
Forthcoming
- Corporate Politicking & Consequences, 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)
H. Jefferson Powell
Books
- The Foundations of American Law: A Companion to the 1L Year (Carolina Academic Press, )
Articles & Essays
- The Harlan Court: A Constitutional Alternate History, 102 North Carolina Law Review 1381-1402 ()
Newspaper Articles and Commentary
- Symmetry and Constitutional Adjudication, Balkinization () (reviewing Zachary Price, Constitutional Symmetry: Judging in a Divided Republic (2024))
- Is the Constitution Obsolete?, North State Journal ()
Jedediah Purdy
Works in Progress
Newspaper Articles and Commentary
- 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)
- We’ve Been Thinking About America’s Trust Collapse All Wrong, The Atlantic ()
- Raymond Williams’s Resources for Hope, 70 Dissent (, at 86)
Shitong Qiao
Forthcoming
- From Taxi to Didi: Voice and Balancing in the Industrial Transition, Law & Social Inquiry () (with Bingwan Xiong)
Books
- The Authoritarian Commons: Neighborhood Democratization in Urban China (Cambridge University Press, )
Articles & Essays
- Communities Built on Political Trust: Theory and Evidence From China, Urban Studies () (with Yu Zeng)
- Cooperating to Resist: Society and State During China’s COVID Lockdowns, 35 Yale Journal of Law & the Humanities 877-924 ()
- Workload, Legal Doctrine, and Judicial Review in an Authoritarian Regime: A Study of Expropriation Judgments in China , 80 International Review of Law and Economics, article 106232, 1-15 (2024) (with Chaoqun Zhan)
- Finance Against Law: The Case of China, 64 Harvard International Law Journal 431-487 ()
Newspaper Articles and Commentary
- Cleanup of China Evergrande Collapse Calls for Coordination and Clarity, Nikkei Asia ()
Arti K. Rai
Works in Progress
Articles & Essays
- Molecular Diagnostic Patenting After Mayo v. Prometheus: An Empirical Analysis, Journal of Empirical Legal Studies () (with others)
- The Puzzle of Biologics Manufacturing Platform Patents, 43 Nature Biotechnology 295-299 () (with others)
- Four Decades of Orphan Drugs and Priorities for the Future, 391 New England Journal of Medicine 100-102 () (with others)
- Introducing Biosimilar Competition for Cell and Gene Therapy Products , 11 Journal of Law and the Biosciences, article lsae015, 1-37 (2024) (with others)
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 ()
- Orange Book Over-Declaration Of Pharmaceutical Patents: The Advantages Of Ex Ante Over Ex Post Review, Health Affairs Forefront () (with Jorge L. Contreras)
- What Does ‘Bona Fide Competition’ Actually Mean in the Biologics Market?, STAT ()
Jerome H. Reichman
Articles & Essays
- A Codified Liability Regime to Stimulate Greater Investment in Subpatentable Innovation, 57 UC Davis Law Review 2027-2075 () (with Ana Santos Rutschman)
- Sharing Pathogen Sequence Data for Global Scientific Research Under the Nagoya Protocol to the Convention on Biological Diversity, in Intellectual Property, Innovation and Economic Inequality 324-348 (Daniel Benoliel et al. eds., ) (with others)
Mara Revkin
Forthcoming
- Law and Violence in the Middle East, in Oxford Handbook on Law and Authoritarianism (Cora Chan, Madhav Khosla, Benjamin Liebman & Mark Tushnet, eds., )
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)
- Evidence-Based Transitional Justice: Incorporating Public Opinion Into the Field, with New Data from Iraq and Ukraine, 133 Yale Law Journal 1582-1675 () (with others)
- No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq, 71 American Journal of Comparative Law 989-1032 () (with Kristen Kao)
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)
Thomas D. Rowe, Jr.
Books
- Civil Procedure (Foundation Press, 1st 2004, 2d ed. 2008, 3d ed. 2012, 4th ed. 2016, 5th ed. 2020, 6th ed. ) (with others)
Emily Ryo
Articles & Essays
- 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 ()
- Immigration Detention as Racialised Wealth Extraction, in Immigration Detention and Social Harm: The Collateral Impacts of Migrant Incarceration 155-174 (Michelle Peterie ed., ) (with Christopher Levesque)
Bailey Sanders
Forthcoming
- The Market Limits of Free Exercise, Michigan Law Review ()
Works in Progress
- Hidden Religious Restrictions & Section 5 of the FTC Act ()
- Market Power, Home Production Substitutes and Female Labor Supply ()
Books
- The Fundamental Voter: American Electoral Democracy, 1952-2020 (Oxford University Press, ) (with others)
Articles & Essays
- 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, Journal of Law and Courts 1-23 () (with others)
Richard L. Schmalbeck
Articles & Essays
- Make the GSTT Exemption Portable Between Spouses, 186 Tax Notes Federal 311-316 () (with Jay A. Soled)
- Declaratory Judgments and Charitable Borders, 184 Tax Notes Federal 2017-2090 ()
Newspaper Articles and Commentary
- IRS Reform Has Arrived: How New Funding Is Fast-Tracking Progress, The Hill () (with others)
Christopher H. Schroeder
Books
- Environmental Regulation: Law, Science, and Policy (Little, Brown, 1992, 2nd ed. 1996; Aspen Publishers, 3rd ed. 2000, 4th ed. 2003, 5th ed. 2006; Wolters Kluwer, 6th ed. 2009, 7th ed. 2013, 8th ed. 2018, 9th ed. 2022; Aspen Publishing, 10th ed. 2024) (with others)
Steven L. Schwarcz
Works in Progress
- Recharacterizing Contracts: The Sale-versus-Loan Problem of Receivables Financing () (with Isabelle Stewart)
- Bankruptcy’s Redistributive Policies: Net Value or a "Zero-Sum Game"? ()
- Regulating Financial Innovation: Thoughts About Securitization ()
- Secondary-Default Remedies: Should Harshness Limit Enforcement? ()
- Enforcing Secondary Defaults: Should Harshness Limit Remedies for Non-Material Contract Breach? ()
- Examining the Finality of Transfers of Digital Assets ()
- Regulating Overreliance on Artificial Intelligence ()
- Money: A Functional Analysis ()
- A Decision-Heuristics Approach to Corporate Governance and Risk-Taking () (with Lorilee A. Medders)
- Protection Gaps: How Complexity Increases Risk (And How Law Can Help) () (with Louis Noirault)
- Reexamining the Private Ordering of Accounting Disclosure ()
Issues Edited
- Regulating Digital Currencies, 87 Law and Contemporary Problems (No. 2, ) (with others)
Articles & Essays
- 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)
- Physics Informs Law: Analyzing Legal Issues That Turn on the Scale of Observation, 85 Ohio State Law Journal 593-621 ()
- Reexamining Enron's Regulatory Consequences, 2024 NYU Annual Survey of American Law Forum 1-13 () (with Alex Bartlow)
- Regulating Financial Innovation: FinTech, Crypto-assets, DeFi, and Beyond, 79 Business Lawyer 615-664 ()
- Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework, 92 George Washington Law Review 549-579 ()
- Rethinking Commercial Law’s Uncertain Boundaries, 14 Harvard Business Law Review 234-256 ()
- The Legal Anomaly of Non-Recourse Financing, 98 American Bankruptcy Law Journal 389-415 () (with Christina Trepczynski)
- UCC § 2-510: A Commercial Law Blunder?, 103 Texas Law Review Online 57-72 ()
- Judge Jed Rakoff: Personal Impressions of a Testifying Expert Witness (and Anatomy of a UCC Foreclosure), 80 NYU Annual Survey of American Law 21-29 ()
- Next-Generation Securitization: NFTs, Tokenization, and the Monetization of ‘Things’, 103 Boston University Law Review 967-1003 ()
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 ()
- Bankruptcy in Conflict, 98 American Bankruptcy Law Journal 561-602 ()
Jonathan B. Wiener
Forthcoming
- 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)
- Multi-Risk Governance of Solar Radiation Modification, European Journal of Risk Regulation () (with others)
- The International Risk Governance Council: Reflections on a Twenty-Year Experiment in Support of Improved Risk Governance () (with others)
- Unintended Consequences and Solar Radiation Modification () (with others)
Articles & Essays
- Interplanetary Risk Regulation, 26 Chicago Journal of International Law 73-106 () (with Chase Hamilton)
- Practical Paths to Risk-Risk Analysis of Solar Radiation Modification , 5 Oxford Open Climate Change, article kgaf012, 1-9 (2025) (with others)
- Co-Benefits, Countervailing Risks, and Cost-Benefit Analysis, in Human and Ecological Risk Assessment: Theory and Practice 1167-1188 (Dennis J. Paustenbach ed., ) (with John D. Graham)
- Improving Risk Governance Strategies via Learning: A Comparative Analysis of Solar Radiation Modification and Gene Drives, 44 Environment Systems and Decisions 1054-1067 () (with others)
- Monitoring for SRM: Goals, Needs, and Governance () (with others)
- The Evolving International Climate Change Regime: Mitigation, Adaptation, Reflection, 11 Texas A&M Law Review 451-485 () (with Tyler Felgenhauer)
Ernest A. Young
Works in Progress
Articles & Essays
- Standing and Probabilistic Injury, 122 Michigan Law Review 1557-1622 () (with Curtis A. Bradley)
- State Sovereign Immunity After the Revolution, 102 Texas Law Review 697-768 ()
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)
- Moral Duty or “Mere Cant”? Tax Protesting Through the Looking Glass, Michigan State Law Review ()
Issues Edited
- The Legacy of Stanley S. Surrey, 86 Law and Contemporary Problems (No. 2, ) (with Ajay K. Mehrotra)
Articles & Essays
- Why Nix a Tip Tax Now?, 185 Tax Notes Federal 237-249 ()
- Stanley Surrey and Taxing Unrealized Appreciation, 86 Law and Contemporary Problems 153-165 ()
- Reading the Taxpayers' Brief in Moore, 112 Tax Notes International 77-82 ()
- What We Talk About When We Talk About Tax Shelters, 108 Iowa Law Review Online 130-143 ()
Newspaper Articles and Commentary
- Moore Thoughts, TaxProf Blog ()
- Moore May be Less (Than it Might Have Been), 181 Tax Notes Federal (, at 2159)
Alex Zhang
Forthcoming
- Chinese Legal Research in a Nutshell (West Academic Publishing, )
- A Century of Law Library Services at Duke Law, in Organizational Structures for Academic Law Libraries: Past, Present, and Future ()
Works in Progress
- Artificial Intelligence & the Future of Law Libraries () (with others)
- Replication Crisis in the U.S. Supreme Court Litigation () (with others)
Articles & Essays
- 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)