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)
  • Aggregating Moral Preferences, Economics & Philosophy (forthcoming)
  • Book Review, Journal of Moral Philosophy (forthcoming) (reviewing Dale Dorsey, The Basic Minimum: A Welfarist Approach (2012))

Articles and Essays

Works in Progress

Books

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

  • Can the Supportive State be Non-Intrusive?, Family Law Jotwell (March 24, 2015)
  • Denaturing the Family, Family Law Jotwell (February 25, 2015)

Forthcoming

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

  • Banking Tail Often Wags the Fed's Regulatory Dog, Conversation (October 30, 2014)

Books

  • Federal Criminal Law and Its Enforcement (6th ed. 2015)  (with Norman Abrams & Susan Klein)

Articles and Essays

Forthcoming

  • Judicial Retirements and the Staying Power of U.S. Supreme Court Decisions, 12 Journal of Empirical Legal Studies (forthcoming) (with Georg Vanberg)

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)

Forthcoming

  • Torts: Doctrine and Practice (Duke University Press, forthcoming) (with Doriane Lambelet Coleman)

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

  • What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment, 86 University of Chicago Law Review (forthcoming) (with Darrell A. H. Miller)
  • Lethality, Public Carry, and Adequate Alternatives, 53 Harvard Journal on Legislation (forthcoming) (with Darrell A. H. Miller)

Works in Progress

Articles and Essays

  • New Problems for Subsidized Speech, 56 William & Mary Law Review 1083-1118 (2015)
  • Good Cause Requirements for Carrying Guns in Public, 127 Harvard Law Review Forum 218-222 (2014)
  • Gun Rights Talk, 94 Boston University Law Review 813-833 (2014)
  • New Approaches to Old Questions in Gun Scholarship, 50 Tulsa Law Review 477-489 (2014) (reviewing Philip J. Cook & Kristin A Goss, The Gun Debate: What Everyone Needs to Know (2014), The Second Amendment on Trial: Critical Essays on District of Columbia v. Heller (Saul Cornell & Nathan Kozuskanich eds., 2013), Nicholas Johnson, Negroes and the Gun: The Black Tradition of Arms (2014), Akinyele Omowale Umoja, We Will Shoot Back: Armed Resistance in the Mississippi Freedom Movement (2013), &  Craig Whitney, Living with Guns: A Liberal's Case for the Second Amendment (2012))
  • Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment, 63 Duke Law Journal 1423-1481 (2014)
  • Selling State Borders, 162 University of Pennsylvania Law Review 241-305 (2014)
  • Ukraine and Russia: "You Break It, You Bought It", 111 Financial History 28-32 (Fall 2014) (with Mitu Gulati)
  • Firearm Localism, 123 Yale Law Journal 82-146 (2013)
  • Implementing First Amendment Institutionalism, 47 New England Law Review on Remand 43-51 (2013)

Newspaper Articles and Commentary

  • We Can Regulate Guns at the Local Level, Too, New York Times (December 10, 2015)
  • Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Mitu Gulati)
  • 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

  • Deflated Footballs and College Athlete Unions, Talent Management (September 18, 2015)
  • Dog Days of Summer Kill Productivity, Talent Management (August 05, 2015)
  • Labor History Provides Clues to Obamacare Fate, Talent Management (November 14, 2014)
  • 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)

Books

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

Newspaper Articles and Commentary

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

Forthcoming

  • History's Constitution: How Governmental Practices Define the Separation of Powers (Oxford University Press, forthcoming)
  • Custom's Future: International Law in a Changing World (Cambridge University Press, forthcoming) (editor)
  • Presidential War Powers as a Two-Level Dynamic: International Law, Domestic Law, and Practice-Based Legal Change, New York University Law Review (forthcoming) (with Jean Galbraith)
  • Customary International Law Adjudication as Common Law Adjudication, in Custom's Future: International Law in a Changing World (Curtis A. Bradley ed., forthcoming)

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • Symposium: Zivotofsky and the Pragmatic Foreign Relations Law, SCOTUSblog (June 09, 2015)
  • 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)

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

  • Capital Offenses: Business Crime and Punishment in America's Corporate Age (W.W. Norton, forthcoming)
  • Criminally Bad Management, in The Research Handbook on Corporate Crime and Financial Misdealing (Jennifer H. Arlen, forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • Insider Trading Law in Deeper Waters, CLS Blue Sky Blog (January 10, 2015)
  • For Deferred Prosecution to Work, Government's Threat Must Be Credible, New York Times (November 11, 2014)

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

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • A Voting Rights Movement Is What's Need Now, New York Times (August 05, 2015) (with Luis E. Fuentes-Rohwer)

Articles and Essays

Forthcoming

  • Torts: Doctrine and Practice (Duke University Press, forthcoming) (with Donald H. Beskind)

Articles and Essays

Forthcoming

Books

  • Business Organizations: Cases and Materials (Foundation Press, 11th 2014) (with Melvin Aron Eisenberg)
  • Securities Regulation: Cases and Materials 2014 (Aspen Law & Business, 7th ed. 2013) (with Robert W. Hillman & Donald C. Langevoort)

Issues Edited

Articles and Essays

Forthcoming

Works in Progress

  • Endogenous Cost Lobbying: Theory and Evidence (January 01, 2015) (with Charles M. Cameron)

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Putting the Securities Laws to the Test: The Long-Standing Approach to Federal Securities Regulation is Not Working, 37 Regulation (November 01, 2014 22-26)

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

  • House Republican's Misguided Obamacare Lawsuit, Washington Post (August 16, 2015)
  • This May Be the Best Term a Solicitor General Has Ever Had, Slate.com (June 25, 2015)
  • Red States Will Suffer, Slate.com (March 05, 2015)
  • It's Legal, Slate.com (November 20, 2014)

Forthcoming

Books

  • Shareholder Derivative Actions: Law and Practice (2015)   (Annual Supplements 1988-2002, comprehensive integration 2003-2004, 2004-2010, comprehensive integration 2011, 2012-2013) (excerpted in R. Hamilton, Corporations Including Partnerships and Limited Partnerships (1990))

Articles and Essays

Newspaper Articles and Commentary

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

Articles and Essays

Newspaper Articles and Commentary

  • Human Shields: The Dialogue Continues, Just Security (December 16, 2015)
  • Military Commissions and Fairness, Just Security (December 14, 2015)
  • A Better Way to Protect Civilians and Combatants than Weapons Bans: Strict Adherence to the Core Principles of the Law of War, Intercross Blog (December 01, 2015)
  • Russians May Have a Strong Case in Turkish Shootdown, The Hill (November 25, 2015)
  • Outsourcing Military Discipline is Bad for Everyone, War On the Rocks (October 27, 2015)
  • Honor, Morality, and the DOD Law of War Manual, Just Security (October 26, 2015)
  • Drones Versus Their Critics: A Victory for President Obama's War Powers Legacy?, Small War Journal (October 14, 2015)
  • Civilianizing Military Justice? Sorry, It Can't -- And Shouldn't -- Work, War On the Rocks (October 08, 2015)
  • Let's Get Facts on Afghan Hospital Incident Before Declaring a War Crime, Hill (October 05, 2015)
  • The New York Times, Dangerously Uninformed, VS. the Military, Hill (August 13, 2015)
  • Let's Balance the Argument about the DOD Law of War Manual and Targeting, Just Security (July 10, 2015)
  • Is the Military Option to Strike Iran (Legally) on the Table?, Hill (July 06, 2015)
  • With New Ransom Policy, Obama is Thinking with His Heart, Not Head, Hill (June 26, 2015)
  • Human Shields and the DOD Law of War Manual: Can't We Improve the Debate?, Just Security (June 25, 2015)
  • Military Commissions After Al-Bahlul, Lawfare (June 24, 2015)
  • Cyber Operations and the New Defense Department Law of War Manual: Initital Impressions, Lawfare (June 15, 2015)
  • Casualties and Polls: Some Observations, Just Security (May 26, 2015)
  • Civilian Casualities, Drones, Airstrikes, and the Perils of Policy, War On the Rocks (May 11, 2015)
  • To Ban New Weapons or Regulate Their Use?, Just Security (April 03, 2015)
  • Bringing Bergdahl Home was the Right Choice -- Deserter or Not, Time (March 26, 2015)
  • Setting Your Compass: Some Thoughts from a (Former) DJAG, 42 Reporter (January 01, 2015 61-65)
  • 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)
  • The Moral Resposibility of Volunteer Soldiers, Boston Review (November 06, 2013) (with others)
  • 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)

Forthcoming

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

Articles and Essays

  • Regulation: The FDA is Overcautious on Consumer Genetics, 505 Nature 286-287 (Jan. 16, 2015) (with Robert C. Green)
  • Inability to Consent Does Not Diminish the Desirability of Stroke Thrombolysis, 76 Annals of Neurology 296-304 (2014)
  • Introduction, in The Island of Dr. Moreau (2014)
  • Redefining Genomic Privacy: Trust and Empowerment, 12 PLOS Biology 1-5 (2014) (with others)
  • Testing the Presumption of Consent to Emergency Treatment for Acute Ischemic Stroke, 311 Journal of the American Medical Association 1689-1691 (2014) (with others)

Newspaper Articles and Commentary

  • 3 Reasons Brain Science is Terrific and Terrifying, World Economic Forum (January 21, 2016)
  • New Year's Resolutions, Conservatism & Porn, Washington Post (January 01, 2015)

Forthcoming

  • Lying and the Letter of the Law (forthcoming)
  • Criminal Adjudication, Error Correction, and Hindsight Blind Spots, 73 Washington & Lee Review (forthcoming)
  • Plea Bargaining, Effective Assistance, and the Market of Defense Counsel, Law & Contemporary Problems (forthcoming)
  • Reclaiming Legal Empathy for Criminal Procedure: Seeing Not Feeling (forthcoming)
  • The Courage of Moderation (forthcoming)  (reviewing Linda Hirshman, Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (2015))

Articles and Essays

Newspaper Articles and Commentary

  • 'Making a Murderer' is About Justice, Not Truth, New York Times (January 12, 2016)

Forthcoming

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Joseph Blocher)
  • The Content of One's Racial Character, Huffington Post (April 04, 2013) (with Devon Carbado)

Forthcoming

Works in Progress

  • Sub-Regional Courts in Africa: Litigating the Hybrid Right to Freedom of Movement (September 01, 2015)
  • 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)

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

Forthcoming

  • Feminism and International Law in the Post 9/11 Era, Fordham International Law Journal (forthcoming)

Works in Progress

  • A Feminist Counter-Terrorism Strategy?: Theorizing Feminism and Feminist Strategies in National Security (October 27, 2015)

Books

Articles and Essays

  • Same, But Different: Assessing the Interaction of Migrant Workers' Rights and Anti-Trafficking Regimes Under International Law, 47 NYU Journal of International Law & Policy 593 (2015)
  • 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

  • Why Women Join ISIS, TIME (December 07, 2015)
  • The Complexities of Women, Peace, Security and Countering Violent Extremism, Just Security (September 24, 2015)
  • Gender, Violent Extremism, and Countering Violent Extremism, Just Security (March 03, 2015)
  • When Women Become Terrorists, New York Times (January 21, 2015, at A27)

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

  • In Praise of a Mentor and Friend, Duke Law Magazine (October 01, 2015 22-23)
  • The "Blurred Lines" of the Law, Center for the Study of the Public Domain (March 26, 2015)
  • Public by Sufferance Alone: The Worst of 2012, Huffington Post (January 10, 2013) (with James Boyle)

Newspaper Articles and Commentary

  • Why is it Corporate Lobbyists are the Only Ones Heard?, delawareonline (May 09, 2015)
  • A Wall Street Recipe That Puts Us All at Risk, delawareonline (January 30, 2015)
  • Democracy Part of Solution to All of Ukraine's Challenges, Hill (October 14, 2014)

Forthcoming

  • Commentary on Corey Brettschneider's Democratic Rights: The Substance of Self-Government, Law, Culture and the Humanities (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)

Forthcoming

  • Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with others)
  • Diversity and Talent at the Top: Lessons From the Boardroom, in Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers (Spencer Headworth, Robert L. Nelsom, Ronit Dinovitzer, David Wilkins eds et al,, forthcoming)
  • Lessons from Law About Incomplete Commodification in the Egg Market, Journal of Applied Philosophy (forthcoming)

Issues Edited

Articles and Essays

Articles and Essays

Forthcoming

  • Privatizing Public Litigation, 104 Georgetown Law Journal (forthcoming)
  • Litigating State Interests: Attorney General as Amici, 90 NYU Law Review 101 (forthcoming) (with Kevin Quinn)

Works in Progress

  • Financing the State (October 28, 2015) (with Guy-Uriel Charles)
  • Political Accountability for Public Enforcement (October 28, 2015)
  • Judicial Decisionmaking (January 01, 2014) (with others)

Articles and Essays

Works in Progress

Books

  • Federal Civil Procedure Manual (Juris, 2014) (with others)
  • Federal Trial Objections (James Publishing, 2013) (2002 - 2013) (with others)

Articles and Essays

Newspaper Articles and Commentary

  • Viewpoints: Cuts Will Make Federal Judiciary Mediocre, Sacramento Bee (April 03, 2013)

Works in Progress

  • Consequentialist Jurisdication (October 28, 2015)
  • The Burden of the Court: The Role of Judicial Self-Interest in Remedies (October 28, 2015)
  • Visitor Judges and the Diffusion of Legal Culture (October 28, 2015)
  • Beyond Strict Randomness: Understanding and Evaluating Panel Assignment in the Federal Courts of Appeals (January 01, 2015)

Books

Articles and Essays

Forthcoming

  • Association Between Divorce and Risks for Acute Mycocardial Infarction, Circulation: Cardiovascular Quality & Outcomes (forthcoming) (with others)
  • The Volcker Rule: A Brief Political History, Capital Markets Law Journal (forthcoming) (with Kimberly D. Krawiec)

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)

Newspaper Articles and Commentary

  • Larding up the NC Farm Bill, News & Observer (May 15, 2015)
  • Slow Billboard's Act of Aggression, Charlotte Observer (April 10, 2015)
  • 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)
  • Argument Analysis: State's Veto Power Brings Republican River Modeling Dispute to the Supreme Court, SCOTUSblog (October 16, 2014)
  • Argument Preview: Compact to Conflict -- Three States Argue Over One River, SCOTUSblog (October 12, 2014)
  • 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

Newspaper Articles and Commentary

  • CDC HIV Prevention Funding Policy is Hurting the Hard-Hit Southern U.S., TheBody.com (May 12, 2015)
  • Why are HIV Survival Rates Lower in the Deep South than the Rest of the US?, Conversation (April 22, 2015) (with Susan Reif)

Works in Progress

Articles and Essays

  • Against Game Theory, in Emerging Trends in the Social and Behavioral Sciences: An Interdisciplinary, Searchable, and Linkable Resource 1-16 (Robert A. Scott & Stephen M. Kosslyn, eds. , 2015) (with others)
  • Cheating on Their Taxes: When are Tax Limitations Effective at Limiting State Taxes, Expenditures, and Budgets?, 67 Tax Law Review 507-542 (2014) (with Colin H. McCubbins)
  • Common Agency? Legislatures and Bureaucracies, in Oxford Handbook of Legislative Studies 567-587 (2014)
  • 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)

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))

Articles and Essays

Forthcoming

  • Comparative Law and Private International Law, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Jurisdiction, Foundations, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Story, Joseph, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Transnationalizing Comparative Law, Maastricht Journal of European and Comparative Law (forthcoming)
  • Waechter, Carl Georg von, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Party Autonomy in Private International Law--A New Paradigm Without a Solid Foundation?, 15 Japanese Yearbook of International Law (forthcoming)

Articles and Essays

  • Preamble I: Purposes, Legal Nature, and Scope of the PICC; Applicability by Courts; Use of the PICC for the Purpose of Interpretation and Supplementation and as a Model, in Commentary on the UNIDROIT Principles of International Commercial Contracts 31-109 (Stefan Vogenauer ed., 2015)
  • What Is Non-State Law? A Primer, in Negotiating State and Non-State Law: The Challenges of Global and Local Legal Pluralism 41-58 (Michael Helfand ed., 2015)
  • Foreword, in Jie Huang, Interregional Recognition and Enforcement of Civil and Commercial Judgments (2014)
  • European Class Actions and Applicable Law, in Cross-Border Class Actions: The European Way 111-141 (Arnaud Nuyts & Nikitas E. Hatzimihail eds., 2014)
  • Non-State Law in the Hague Principles on Choice of Law in International Commercial Contracts, in Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz 43-69 (Kai Purnhagen & Peter Rott eds., 2014)
  • On Liberalism and Legal Pluralism, in Transnational Law: Rethinking Law and Legal Thinking 122-142 (Miguel Maduro, Kaarlo Tuori & Suvi Sankari eds., 2014)
  • Post-Critical Private International Law: From Politics to Technique, in Private International Law and Global Governance 54-67 (Horatia Muir Watt & Diego P Fernandez Arroyo eds., 2014)
  • Private Lawyer in Disguise? On the Absence of Private Law and Private International Law in Martti Koskenniemi's Work, 27 Temple International & Comparative Law Journal 499-521 (2014)
  • Roles and Role Perceptions in International Commercial Arbitration, in International Arbitration and Global Governance--Contending Theories and Evidence 43-73 (Walter Mattli & Thomas Dietz eds., 2014)
  • The UNIDROIT Principles as Global Background Law, 19 Uniform Law Review 643-668 (2014)
  • Was ist nichtstaatliches Recht? Eine Einführung [What is Non-State Law? An Introduction], in Transnationales Recht -- Stand und Perspektiven 39-56 (Gralf-Peter Calliess ed., 2014)
  • "One Size Can Fit All" – Some Heretical Thoughts on the Mass Production of Legal Transplants, in Order from Transfer: Comparative Constitutional Design and Legal Culture Law 56-78 (Günter Frankenberg ed., 2013)
  • Book Review, 2012 Scholar: St. Mary's Law Review on Minority Issues 236-238 (2013) (reviewing Legal Pluralism and Development: Scholars and Practitioners in Dialogue (Brian Z. Tamanaha, Caroline Sage & Michael Woolcock eds., 2012))
  • Dreaming Law Without a State: Scholarship on Autonomous International Arbitration as Utopian Literature, 1 London Review of International Law 35-62 (2013)
  • Globalization and Law: Law Beyond the State, in Law and Social Theory 289-303 (Reza Banakar & Max Travers eds., 2013)
  • Make or Buy A Public Market for Legal Transplants?, in Regulatory Competition in Contract Law and Dispute Resolution 27-42 (Horst Eidenmller ed., 2013)
  • Why We Have No Theory of European Private Law Pluralism, in Pluralism and European Private Law 139-160 (Leone Niglia ed.,, 2013)

Newspaper Articles and Commentary

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

Forthcoming

  • What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment, 86 University of Chicago Law Review (forthcoming) (with Joseph Blocher)
  • Lethality, Public Carry, and Adequate Alternatives, 53 Harvard Journal on Legislation (forthcoming) (with Joseph Blocher)
  • Continuity and the Declaration of Independence, 89 University of Southern California Law Review (forthcoming)

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

  • EPA Clean Power Plan Reenergizes the US Climate Policy Debate, The Conversation (June 15, 2015)
  • 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)

Forthcoming

  • The Law in Chains: the American Attorneys General and Slavery, 1789-1871 (forthcoming)
  • Targeting Americans: The Constitutionality of the U.S. Drone War (Oxford University Press, forthcoming)

Books

Articles and Essays

  • Professor Greenawalt's Unfashionable Idea, 115 Columbia Law Review 790 (2015)
  • 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)

Newspaper Articles and Commentary

  • In Praise of Eternal Youth, Duke Law Magazine (October 01, 2015 21-22)
  • EPA Plan Needs a Debate Based on Reason, Boston Globe (April 11, 2015) (with others)

Forthcoming

Books

Issues Edited

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

Articles and Essays

  • What is the Constitution For?, New Republic (2016) (reviewing Richard Tuck, The Sleeping Sovereign: The Invention of Modern Democracy (2016))
  • 'Blood and Earth,' by Kevin Bales, New York Times (2016) (reviewing Kevin Bales, Blood and Earth: Modern Slavery, Ecocide, and the Secret to Saving the World (2016))
  • This Land is Our Land, Winter 2016 No. 39 Democracy (2016) (reviewing Ilya Somin, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (2015))
  • The Mushroom that Explains the World, New Republic (2015)  (reviewing Anna Lowenhaupt Tsing, The Mushroom at the End of the World: On the Possibility of Life in Capitalist Ruins (2015))
  • Maybe Connect, Los Angeles Review of Books (2015)
  • That We are Underlings: The Real Problems in Disciplining Political Spending and the First Amendment, 30 Constitutional Commentary 391-402 (2015)
  • Introduction: Law and Neoliberalism, 77 Law & Contemporary Problems 1-23 (2015) (with David Singh Grewal)
  • Neoliberal Constitutionalism: Lochnerism for a New Economy, 77 Law & Contemporary Problems 195-213 (No. 4 2015)
  • Property in the United States Constitution, in The Oxford Handbook of the U.S. Constitution 501-520 (Mark Tushnet, Mark A. Graber, & Sandford Levinson eds., 2015)
  • The Triumph of Corruption (2015) (reviewing Zephyr Teachout, Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United (2014))
  • Black-Robed Reactionaries: Has the Supreme Court Been Bad for the American Republic?, Sept/Oct/Nov BookForum (2014) (reviewing Erwin Chemerinsky, The Case Against the Supreme Court (2014))
  • To Have and Have Not, Los Angeles Review of Books (2014) (reviewing Thomas Piketty, Capital in the Twenty-First Century (2014))
  • Socialism Coincides with American Values, in American Values 73-81 (David M. Haugen et al., 2014)
  • Our Place in the World: A New Relationship for Environmental Ethics and Law, 62 Duke Law Journal 857-932 (2013) (selected for excerpting and republication by the Environmental Law Institute, 2014)
  • Some Pluralism About Pluralism: A Comment on Hanoch Dagan's "Pluralism and Perfectionism in Private Law", 113 Columbia Law Review Sidebar 9-19 (2013)

Newspaper Articles and Commentary

  • Ammon Bundy Stands Down, New Yorker (January 28, 2016)
  • Bernie is Not the New Barry -- And That's a Good Thing, Huffington Post (January 17, 2016)
  • The New Nature, Boston Review (January 11, 2016) (with others)
  • The Bundys and the Irony of American Vigilantism, The New Yorker (January 05, 2016)
  • We are the Climate Change Complacency We Seek, Foreign Policy (December 14, 2015)
  • Trump's Monstrous Call, Huffington Post (December 07, 2015)
  • Bernie Sanders's New Deal Socialism, The New Yorker (November 20, 2015)
  • Climate Apocalypse and/or Democracy, Huffington Post (September 13, 2015)
  • Foodies Can Succeed Where Environmentalists Failed, Bloomberg View (August 30, 2015)
  • The Amazon Economy, Huffington Post (August 17, 2015)
  • Environmentalism's Racist History, New Yorker (August 13, 2015)
  • The G.O.P. Opts Out of Equality, New Yorker (June 11, 2015)
  • Tenure, Fairness, and Fear(lessness), Huffington Post (June 09, 2015)
  • Imagining the Anthropocene, aeon (March 31, 2015)
  • 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)
  • Thoughts from Chapel Hill: Violence as a Way of Life (February 13, 2015)
  • The Dangers of Clarity: Don't Let Terrorism Define Us, Huffington Post (January 14, 2015)
  • I Understand Nothing, Huffington Post (January 10, 2015)
  • American Democracy Under Threat for 250 Years, Daily Beast (December 28, 2014)
  • Teenage Riot A Sentimental Education, n+1 (December 05, 2014)
  • The Hunger Games Economy, The Daily Beast (November 29, 2014)
  • A Reminder: Our Justices are Politicians in Robes, Daily Beast (November 13, 2014)
  • Undo Citizen's United? We'd Only Scratch the Surface, Daily Beast (November 12, 2014)
  • Why Your Waiter Hates You, Daily Beast (October 28, 2014)
  • 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)

Books

  • Federal Civil Procedure Manual (Juris, 2014) (with others)

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Open Letter on Ethical Norms in Intellectual Property Scholarship (January 12, 2016) (with others)
  • Letter to U.S. Senate Committee on the Judiciary Concerning Inter Partes Review and Orange Book-Listed Patents, Letter to the U.S. Senate Committee on the Judiciary (June 18, 2015)
  • Use Patents Can Be Useful: The Case of Rescued Drugs (August 07, 2014) (with Grant Rice)
  • Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz, Patentlyo (June 30, 2014) (with others)
  • 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

  • Sharing by Design: Data and Decentralized Commons--Overcoming Legal and Policy Obstacles, 350 Science 1312 (2015) (with Jorge L Contreras)
  • Declaration on Patent Protection--Regulatory Sovereignty Under TRIPS (2014) (with others)

Articles and Essays

Forthcoming

  • Stateless Commerce: Diamond Dealers, Ethnic Trading Networks, and the Persistence of Relational Exchange (Harvard University Press, forthcoming)

Articles and Essays

  • Outlook for Alternative Payment Models in Fee-for-Service Medicare, Journal of the American Medical Association (2015) (with others)
  • The Mechanics of Statelessness: Peering into the Diamond Industry and the Institutions of Trust-Based Exchange, Inequality, Trust, and Ethics Conference: London 2015 (2015)
  • Addressing Pricing Power in Health Care Markets: Principles and Policy Options to Strengthen and Shape Markets (2015) (with others)
  • Market-Based Solutions to Antitrust Threats-- The Rejection of the Partners Settlement, New England Journal of Medicine (2015) (with others)
  • Physician Beliefs about Physical and Mental Competency of Patients Applying for Concealed Weapon Permits, 33 Behavioral Sciences & the Law 238-245 (2015) (with others)
  • The Challenge of Co-Religionist Commerce, 64 Duke Law Journal 769-822 (2015) (with Michael A. Helfland)
  • Elhauge on Tying: Vindicated by History, 49 Tulsa Law Review 689-711 (2014) (with Steven W. Usselman)
  • Physician Attitudes and Experience with Permit Applications for Concealed Weapons, 2014 New England Journal of Medicine 2454 (with others)
  • Right-Skilling: Rabbis and the Rabbinic Role for a New Century, in Keeping Faith in Rabbis: A Community Conversation on Rabbinic Education (Hayim Herring & Ellie Roscher eds., 2014) (with Daniel Libenson)
  • Shifting Toward Defined Contributions -- Predicting the Effects, 2014 New England Journal of Medicine 2462-2465 (with others)
  • The Partners HealthCare Settlement and the Future of Health Care Organizations, 11 Economists' Voice 21-23 (2014) (with Kevin A. Schulman)
  • Assessing Competency for Concealed-Weapons Permitts--The Physician's Role, 2013 New England Journal of Medicine 2251-2253 (with others)
  • Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels, 39 Pepperdine Law Review 1347-1370 (2013)
  • Contracts and Cartels: Reconciling Competition and Development Policy, in Competition Law and Development 155-166 (D. Daniel Sokol et al. eds., 2013)
  • Organizational Innovation in the Health Sector: Cost and Quality Solutions for Health Policy, 1 Health Management, Policy and Innovation 36-44 (2013) (with others)

Newspaper Articles and Commentary

  • Religious Freedom Debate Upends Balance Between Establishment, Free Exercise Clauses, News & Observer (April 02, 2015)
  • How to Make Health Care Accountable When We Don't Know What Works, Harvard Business Review (November 25, 2014)

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)

Articles and Essays

Newspaper Articles and Commentary

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

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)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Ask the Experts, WalletHub (December 01, 2015) (with others)

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

  • Macroprudential Regulation: A Conceptual Approach (Oxford University Press, forthcoming) (with Kern Alexander)
  • Anticipating New Sources of Systemic Risk in Insurance, in System Risk and the Future of Insurance Regulation (Andromachi Georgosouli & Miriam Goldby eds., forthcoming) (with Daniel Schwarcz)
  • Fred L. Carhart Memorial Lecture, Ohio Northern University Law Review (forthcoming)
  • Macroprudential Regulation of Mortgage Lending, SMU Law Review (forthcoming)
  • Perspectives on Regulating Systemic Risk, in Systemic Risk, Institutional Design, and the Regulation of Financial Markets (Anita Anand, ed., forthcoming)
  • The Macroprudential Quandary: Unsystematic Efforts to Reform Financial Regulation, in Reconceptualising Global Finance and Its Regulation (Ross Buckley et al eds., forthcoming) (with Kern Alexander)
  • Banking and Financial Regulation, in Oxford Handbook of Law and Economics (Francesco Parisi, forthcoming)
  • Managing Systemic Risk: An American View, in One Issue, Two Voices (Stephanie McLuhan ed., forthcoming)
  • Regulating Financial Change: A Functional Approach, 100 Minnesota Law Review (forthcoming)
  • Sovereign Debt Restructuring: A Model-Law Approach, Journal of Globalization & Development (forthcoming)

Works in Progress

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

  • John Roberts, Ted Olson, and the Judicial Separation of Powers, Balkinization (January 26, 2016)
  • Obergefell, Judaism, and the Authority of Tradition, Balkinization (September 09, 2015)
  • Whole Woman's Health: Casey, Res Judicata, and Supreme Court Review, Balkinization (June 24, 2015)
  • 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)
  • Animus Versus Moral Opposition: Material and Expressive Considerations, Balkinization (September 30, 2014)

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))

Newspaper Articles and Commentary

  • The National Security State: The End of Separation of Powers, Monthly Review (January 01, 2014 136-159)

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)
  • Conclusion, in Policy Shock: Regulartory Repsonses to Oil Spills, Nuclear Accidents, and Financial Crises (Edward Balleisen, Lori Bennear, Kim Krawiec, & Jonathan Wiener eds.,, forthcoming) (with others)
  • New Approaches to International Regulatory Cooperation: The Challenges of TTIP, TPP and Mega-Regional Trade Agreements, 78 Law & Contemporary Problems (forthcoming) (with others)
  • Precaution and Climate Change, in Oxford Handbook of International Climate Change Law (Cinnamon Carlarne et al. eds., forthcoming)
  • The Future of International Regulatory Cooperation: TTIP as a Learning Process Towards a Global Policy Laboratory, 78 Law & Contemporary Problems (forthcoming) (with Alberto Alemanno)
  • The Tragedy of the Uncommons: On the Politics of Apocalypse, Global Policy (forthcoming)
  • Impact Assessment: Diffusion and Integration, in Comparative Law and Regulation (Francesca Bignami & David Zaring, eds., forthcoming) (with Daniel Lima Ribeiro)

Works in Progress

  • The Value of Information in Decision-Analytic Modeling for Malaria Vector Control in East Africa (August 31, 2015) (with others)

Articles and Essays

  • Eco-environmental Risk Management (2015) (with others)
  • Towards a New International Law of the Atmosphere?, 7 Gottingen Journal of International Law (2015) (with Peter H. Sand)
  • Towards an Effective System of Monitoring, Reporting, and Verification, in Towards a Workable and Effective Climate Regime (Scott Barrett, Carlo Carraro, & Jaime de Melo, eds., 2015)
  • 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)

Forthcoming

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

Newspaper Articles and Commentary

  • China, Circa 2016, ChinaFile (December 29, 2015) (with others)
  • Is the China Model Better than Democracy?, Foreign Policy (October 19, 2015) (with others)
  • What Xi Jinping's Seattle Speech Might Mean for the U.S., Foreign Policy (September 23, 2015) (with others)
  • China's 'Rule by Law' Takes an Ugly Turn, Foreign Policy (July 14, 2015) (with others)
  • China's Leftists are Embracing Confucius. Why?, ChinaFile (April 23, 2015)
  • Why Did the West March For Paris But Not For Kunming?, Foreign Policy (February 02, 2015) (with others)