Faculty & Research

Articles & Essays

• Family, Gender, and Leadership in the Legal Profession, Women & Law 1-17 (2020) (joint publication of the top sixteen law reviews)
• Foreword: Gender Journals and Gender Equality: Reflections on Twenty-five Years of the Duke Journal of Gender Law and Policy, 27 Duke Journal of Gender Law & Policy iii-vii (2020)

Books

• Gender and Law: Theory, Doctrine, Commentary   (Wolters Kluwer, 6th ed. 2013, 7th ed. 2017, 8th ed. 2020) (with others)

Articles & Essays

• Gender Law: After Twenty-Five Years, 27 Duke Journal of Gender Law & Policy 1-23 (2020)

Newspaper Articles and Commentary

• Letting His Hair Down: Why a School District in Texas Is Wrong to Deprive a Male Student of an Education Because of the Length of His Hair, Verdict (February 13, 2020) (with Joanna L. Grossman)

Books

• Federal Criminal Law and Its Enforcement (West Academic Publishing, 7th ed. 2020) Accompanying Teacher's Manual (2020) (with others)

Articles & Essays

• Prosecuting Sexual Exploitation and Trafficking Abroad: Congress, the Courts, and the Constitution, 27 Duke Journal of Gender Law & Policy 25-43 (2020)

Articles & Essays

• The Empty Chair: Reflections on an Absent Justice, 2020 Green Bag Almanac & Reader 131-142 (2020)

Newspaper Articles and Commentary

• Empty Chairs, 104 Judicature (December 1, 2020, at 88)

Articles & Essays

• The First Amendment and Algorithms, in The Cambridge Handbook of the Law of Algorithms 606-631 (Woodrow Barfield, ed., 2021)
• The Paradoxical Impact of Scalia’s Campaign Against Legislative History, 105 Cornell Law Review 1023-1092 (2020) (with Kristen Renberg)

Newspaper Articles and Commentary

• Striking Language from the Trump Administration's Complaint in United States v. John Bolton, The Volokh Conspiracy (June 16, 2020)

Books

• Torts: Doctrine and Process  (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021) (with Doriane Lambelet Coleman)

• Pointing Guns, Texas Law Review (2021) (with others)
• Two Concepts of Gun Liberty, Quinnipiac Law Review (2021)
• When Guns Threaten the Public Sphere: Recovering the Common Law Approach to Public Safety, 115 Northwestern University Law Review (2021) (with Reva Siegel)
• Cities, Preemption, and the Statutory Second Amendment, 87 University of Chicago Law Review (2020)
• True Threats and the Second Amendment, The Journal of Law, Medicine & Ethics (2020) (with Bardia Faghihvaseghi)
• Why Regulate Guns?, The Journal of Law, Medicine & Ethics (2020) (with Reva Siegel)

• Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders (2020) (with Catie Carberry)
• Judicial Ideology and Second Amendment Doctrine (2019) (with Eric Ruben)
• ‘The Second Amendment is Not a Second-Class Right’: A Case Study in Constitutional Rhetoric (2019) (with Eric Ruben)

Issues Edited

• Gun Rights and Regulation Outside the Home, 83 Law and Contemporary Problems (No. 3, 2020) (with others)

Articles & Essays

• Disuniformity of Federal Constitutional Rights, 2020 University of Illinois Law Review 1479-1499 (2020)
• Domestic Violence and the Home-Centric Second Amendment, 27 Duke Journal of Gender Law & Policy 45-58 (2020)
• Firearms, Extreme Risk, and Legal Design: "Red Flag" Laws and Due Process, 106 Virginia Law Review 1285-1344 (2020) (with Jacob Charles)
• King Leopold's Bonds and the Odious Debts Mystery, 60 Virginia Journal of International Law 487-530 (2020) (with others)
• The Geography of a Constitutional Right: Gun Rights Outside the Home, 83 Law and Contemporary Problems i-vii (2020) (with others)
• Transferable Sovereignty: Lessons from the History of the Congo Free State, 69 Duke Law Journal 1219-1273 (2020) (with Mitu Gulati)
• Why Did Belgium Pay Leopold’s Bonds?, 83 Law and Contemporary Problems 49-70 (2020) (with others)
• “The Road I Can’t Help Travelling”: Holmes on Truth and Persuadability, 51 Seton Hall Law Review 105-133 (2020)

Newspaper Articles and Commentary

• Why Do States Ban “Electioneering” but Allow Guns at Polling Places?, Slate (January 5, 2021) (with Alan Chen)
• Symposium: Disrupting the Consensus on Second Amendment Doctrine Would be a Mistake, SCOTUSblog (November 20, 2019) (with Eric Ruben)
• Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine (August 23, 2019) (with Mitu Gulati)
• The “Handgun Article” in Justice Powell’s Papers, Second Thoughts (August 8, 2019)

• Mark of the Devil: The University as Brand Bully, Fordham Intellectual Property Law Journal (2020) (with Jennifer Jenkins)

• The Dynamic and Sometimes Uneasy Relationship Between Foreign Relations Law and International Law, in Encounters Between Foreign Relations Law and International Law -- Bridges and Boundaries (2020)

• Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity (2020)

Books

• Foreign Relations Law: Cases and Materials  (Aspen Publishers, 2003, 2d ed. 2006, 3d ed. 2009; Wolters Kluwer, 4th ed. 2011, 5th ed. 2014, 6th ed. 2017) (with Jack L. Goldsmith); (Wolters Kluwer, 7th ed. 2020) (with Jack L. Goldsmith & Ashley S. Deeks)
• International Law in the U.S. Legal System (Oxford University Press, 2013, 2d ed. 2015, 3d ed. 2020)

Articles & Essays

• Article II Treaties and Signaling Theory, in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law 123-141 (Paul B. Stephan and Sarah A. Cleveland, eds., 2020)
• Historical Gloss, Madisonian Liquidation, and the Originalism Debate, 106 Virginia Law Review 1-72 (2020) (with Neil Siegel)
• Introduction to “The International Legal Order and the Global Pandemic”, 114 American Journal of International Law 571-577 (2020) (with Laurence R. Helfer)
• The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, 134 Harvard Law Review 629-725 (2020) (with others)

Newspaper Articles and Commentary

• Trump Provided a Road Map for Stealing an Election. Next Time Could Be Worse, Washington Post (November 30, 2020)
• Constitutional Issues Relating to the NATO Support Act, Lawfare (January 28, 2019) (with Jack Goldsmith)

• Fishy SPS Measures? The WTO’s Korea-Radionuclides Dispute (2020) (with Carolyn Fischer)

Articles & Essays

• Gender and International Trade Policy: Economic Nostalgia and the National Security Steel Tariffs, 27 Duke Journal of Gender Law & Policy 59-68 (2020)
• Intersecting Legal Spaces: International Trade Law and Anticorruption Law, in Landscapes of Law: Practicing Sovereignty in Transnational Terrain 37-63 (Carol J. Greenhouse and Christina L. Davis, eds., 2020)
• Never Waste a Crisis: Anticorruption Reforms in South America, 60 Virginia Journal of International Law 531-570 (2020) (with Andres Ortiz)

• Pointing Guns, Texas Law Review (2021) (with others)
• Retiring Corporate Retribution, 83 Law and Contemporary Problems (2020)

Articles & Essays

• The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Liability, 93 Southern California Law Review 697-761 (2020) (with Jennifer Arlen)

• Technology, Legal Information and Access to Justice in Africa, in Routledge Handbook of African Law (M. Ndulo and C. Emeziem, eds., 2020)

Articles & Essays

• Exemplary Legal Writing 2019: Books: Five Recommendations, 2020 Green Bag Almanac & Reader 314-317 (2020) (with Casandra Laskowski)

Newspaper Articles and Commentary

• The Socially Distanced Library: Staying Connected in a Pandemic, OUPblog (October 19, 2020)
• Why Law Librarians are so Important in a Data-Driven World, OUPblog (March 5, 2020)

• Chiafalo: Constitutionalizing Historical Gloss in Law & Democratic Politics (2020) (with Luis E. Fuentes-Rohwer)

Newspaper Articles and Commentary

• How a Black Lives Matter Co-Creator Built a Movement From a Hashtag, Washington Post (December 11, 2020)  (reviewing Alicia Garza, The Purpose of Power: How We Come Together When We Fall Apart, (2020))
• Legal Battles Highlight How the 2020 Election Is Being Fought in the Courts, NBC News THINK (October 22, 2020)
• What’s Behind the Fight Over Wisconsin’s Primary? The Supreme Court’s Gerrymandering Ruling, Washington Post (April 21, 2020) (with Luis E. Fuentes-Rohwer)
• Symposium: Precedent Dictates a Win for the Plaintiffs in This Term’s Partisan-Gerrymandering Cases, SCOTUSblog (February 7, 2019) (with Luis E. Fuentes-Rohwer)

• The Trajectory of Federal Gun Crimes (2020) (with Brandon L. Garrett)

Issues Edited

• Gun Rights and Regulation Outside the Home, 83 Law and Contemporary Problems (No. 3, 2020) (with others)

Articles & Essays

• Firearms, Extreme Risk, and Legal Design: "Red Flag" Laws and Due Process, 106 Virginia Law Review 1285-1344 (2020) (with Joseph Blocher)
• The Geography of a Constitutional Right: Gun Rights Outside the Home, 83 Law and Contemporary Problems i-vii (2020) (with others)

Books

• Jurisprudence: Text and Readings on the Philosophy of Law  (West Publishing, 1973, 2d ed. 1995, Thomson/West, 3d ed. 2008) (with Patrick H. Martin); (West Academic Publishing, 4th ed. 2020) (with Patrick H. Martin & Adam J. MacLeod)

Books

• Torts: Doctrine and Process  (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021) (with Donald H. Beskind)

Articles & Essays

• Divergence in Timing and Magnitude of Testosterone Levels Between Male and Female Youths, 324 Journal of The American Medical Association (JAMA) 99-101 (2020) (with others)
• Re-Affirming the Value of the Sports Exception to Title IX’s General Non-Discrimination Rule, 27 Duke Journal of Gender Law & Policy 69-134 (2020) (with others)
• The Enhanced Danger of Physicians’ Off-Label Prescribing During a Public Health Emergency , Journal of Law and the Biosciences. Advance Online Publication 27 May 2020 (With Philip M Rosoff)

Newspaper Articles and Commentary

• A Victory for Female Athletes Everywhere, Quillette (May 3, 2019)

• Resisting the Return to Managerialism: Institutionalizing the Shareholder Voice in the Monitoring Model (2020) (with Randall S. Thomas)
• The Paradox of Delaware's 'Tools at Hand' Doctrine: An Empirical Investigation (2019) (with others)

Books

• Business Organizations Law  (West, 3d ed. 2011; West Academic Publishing, 4th ed. 2016, 5th ed. 2020) (Hornbook Series) (with Thomas Lee Hazen)

• Innovation in the U.S. Government, in The Role of Innovation and Entrepreneurship in Economic Growth (Aaron Chatterji, Josh Lerner, Scott Stern, and Michael J. Andrews, eds., 2020) (with Joshua R. Bruce)

Articles & Essays

• Public Sector Personnel Economics: Wages, Promotions, and the Competence-Control Trade-off, in Employee Inter- and Intra-Firm Mobility: Taking Stock of What We Know, Identifying Novel Insights and Setting a Theoretical and Empirical Agenda 111-148 (Daniel Tzabbar and Bruno Cirillo, eds., 2020) (with others)
• Quitting in Protest: Presidential Policymaking and Civil Service Response, 15 Quarterly Journal of Political Science 507-538 (2020) (with Charles M. Cameron)
• Economic Influence Activities and Strategic Location Investment, 2019 Academy of Management Proceedings  (2019) (with Davin Raiha)

• Contractual Complexity in Debt Agreements: The Case of EBITDA (2019) (with Adam B. Badawi)

Articles & Essays

• Complete Contracts in Finance, 2020 Wisconsin Law Review 533-552 (2020)
• Windstream and Contract Opportunism , Capital Markets Law Journal, Advance Articles 1-10 (2020)
• Written Testimony Before the United States House of Representatives Committee on Financial Services Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, “Examining Private Market Exemptions as a Barrier to IPOs and Retail Investment (2019)

Newspaper Articles and Commentary

• While the Russians Attacked, Trump Looked the Other Way, Washington Post (April 19, 2019) (with Samantha Goldstein)
• How the Mueller Report Can Still Threaten Trump’s Legitimacy, Washington Post (March 29, 2019)

• The Domains of Loyalty: Relationships Between Fiduciary Obligation and Intrinsic Motivation, William & Mary Law Review (2021)
• Fiduciary Duties on the Temporal Edges of Agency Relationships, in Fiduciary Obligations in Business (Arthur B. Laby & Jacob Hall Russell, eds., 2020)

Articles & Essays

• Looking Beyond the Easel: Artists’ Contexts and Resale Payments, 27 Duke Journal of Gender Law & Policy 135-147 (2020)

• Civil-Military Relations, in National Security Law and Policy: A Reader (Melanie Marlowe & Thomas Karako, eds., 2021)
• Why the Military Professionalism: Sky Is Not Falling, in Civil-Military Relations (2021)

Articles & Essays

• Annie Get Your Gun: The Constitution, Women, and Involuntary Service in Combat, 27 Duke Journal of Gender Law & Policy 149-165 (2020)

Newspaper Articles and Commentary

• Finding the Right U.S. Defense Leaders, Just Security (August 28, 2020)
• Clarifying the Law of Military Orders, CAAFlog (April 17, 2020)
• Reasonable People Can Differ on Trump’s Military Justice Actions, Small Wars Journal (December 16, 2019)
• Trump’s Military Pardons Not Likely to Hurt Morale, Discipline, Breaking Defense (December 11, 2019)
• Where Luke Hartig and I Agree on Drones (it’s More Than You Might Think), Just Security (April 1, 2019)
• Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations, Just Security (March 18, 2019)
• The Golsteyn Case and Civilian Oversight in Military Justice, Lawfare (January 17, 2019)

• Crisis Poison Pills, Review of Corporate Finance Studies (2020) (with Michael D. Wittry)

• A Lawyers' Guide to Empirical Corporate Governance (2020)
• The Rise of Dual-Class Stock IPOs (2020) (with others)
• Common Ownership and Startup Growth (2020) (with others)
• Does Government Play Favorites? Evidence from Opportunity Zones (2020) (with Chelsea Garber)

Articles & Essays

• Designing Business Forms to Pursue Social Goals, 106 Virginia Law Review 937-1005 (2020)
• Federal Forum Provisions and the Internal Affairs Doctrine, 10 Harvard Business Law Review 383-434 (2020) (with others)
• Regulatory Competition and the Market for Corporate Law, 12 American Economic Journal: Microeconomics 60-98 (2020) (with Lorenzo Magnolfi)

Newspaper Articles and Commentary

• To Make a Difference, Businesses Must Have a Stake in Social Missions, ProMarket (October 15, 2020)

Articles & Essays

• Injustice and the Disappearance of Discretionary Detention under Trump: Detaining Low Risk Immigrants without Bond,  ILCSS Working Paper # 5 (2020) (with Robert Koulish)
• Manipulating Risk: Immigration Detention Through Automation, 24 Lewis & Clark Law Review 789-855 (2020) (with Robert Koulish)

Newspaper Articles and Commentary

• Argument Analysis: Justices Weigh Mandatory Deportations Based on “Thin Reed” of Minor Crimes, SCOTUSblog (October 19, 2020)

Articles & Essays

• Proof of Vaccination Will Be Very Valuable — and Easy to Abuse (2020)

Newspaper Articles and Commentary

• Part-revived Pig Brains Raise Slew of Ethical Quandaries, 568 Nature (April 17, 2019) (with others)

Articles & Essays

• Foreign Corruption as Market Manipulation, 2020 University of Chicago Law Review Online  15-25 (2020)
• Macroeconomic Consequences of Market Manipulation, 83 Law and Contemporary Problems 123-140 (2020)

• Are Constitutional Rights Enough? An Empirical Assessment of Racial Bias in Police Stops (2020) (with Rohit Asirvatham)
• A Prescription for Rising Drug Prices: Enhanced Patent Examination (2020) (with Melissa Wasserman)
• Public and Private Options in Practice: The Military Health System (2020) (with others)

Articles & Essays

• Is Great Information Good Enough? Evidence from Physicians as Patients 75 Journal of Health Economics, Article 102406, 1-20 (2020) (with others)
• Are There as Many Trademark Offices as Trademark Examiners?, 69 Duke Law Journal 1807-1853 (2020) (with Melissa F. Wasserman)
• Defensive Medicine and Obstetric Practices: Evidence from the Military Health System, 17 Journal of Empirical Legal Studies 4-37 (2020) (with Jonathan Gruber)
• Malpractice Liability and Health Care Quality: A Review, 323 JAMA 352-366 (2020) (with others)
• Procrastination at the Patent Office?, 183 Journal of Public Economics 1-12 (2020) (with Melissa F. Wasserman)
• The Effect of Malpractice Law on Physician Supply: Evidence from Negligence-Standard Reforms , 70 Journal of Health Economics, Article 102272, 1-16 (2020) (with others)

Newspaper Articles and Commentary

• Do as the Doctor Says, Not as He or She Does, STAT (July 22, 2019) (with others)

• Autopsy of a Crime Lab: Exposing the Flaws in Forensics (University of California Press, 2021)
• Corporate Crimmigration, University of Illinois Law Review (2020)
• Life Without Parole Sentencing, North Carolina Law Review (2020) (with others)
• Misplaced Constitutional Rights, 100 Boston University Law Review (2020)
• Prosecution Post-Conviction, in The Oxford Handbook of Prosecutors and Prosecution (Ron Wright, ed., 2020)
• Testing Compliance, Law and Contemporary Problems (2020) (with Gregory Mitchell)

• The Law and Science of Eyewitness Evidence (2020) (with Thomas Albright)
• The Trajectory of Federal Gun Crimes (2020) (with Jacob Charles)
• Understanding the Impact of Driver’s License Suspension: Lay Opinion in Impacted and Non-Impacted Populations (2020) (with others)
• Misplaced Constitutional Rights (2019)

Articles & Essays

• Advancing Social and Racial Justice Through Bail Reform, 58 The Houston Lawyer 14-16 (2020) (with Sandra Guerra Thompson)
• Board Compliance, 104 Minnesota Law Review 1191-1273 (2020) (with others)
• Changing the Law to Change Policing: First Steps (2020) (with others)
• Declining Corporate Prosecutions, 57 American Criminal Law Review 109-155 (2020)
• Driven to Failure: An Empirical Analysis of Driver's License Suspension in North Carolina, 69 Duke Law Journal 1585-1641 (2020) (with William E. Crozier)
• Error Rates, Likelihood Ratios, and Jury Evaluation of Forensic Evidence, 65 Journal of Forensic Sciences 1199-1209 (2020) (with others)
• Factoring the Role of Eyewitness Evidence in the Courtroom, 17 Journal of Empirical Legal Studies 556-579 (2020) (with others)
• Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 (2020) (with others)
• Judging Risk, 108 California Law Review 439-493 (2020) (with John Monahan)
• Juvenile Life Without Parole in North Carolina, 110 Journal of Criminal Law and Criminology 141-179 (2020) (with others)
• Open Risk Assessment, 38 Behavioral Sciences & the Law 279-286 (2020) (with Megan T. Stevenson)
• Risk Assessment in Sentencing and Plea Bargaining: The Roles of Prosecutors and Defense Attorneys, 38 Behavioral Sciences & the Law 1-11 (2020) (with others)
• The Costs and Benefits of Forensics, 57 Houston Law Review 593-616 (2020)
• The Explosion of Unpaid Criminal Fines and Fees in North Carolina (2020) (with others)
• The Path of FCPA Settlements, in Negotiated Settlements in Bribery Cases: A Principled Approach 25-41 (Tina Søreide & Abiola Makinwa, eds., 2020)
• Undeliverable: Suspended Driver's Licenses and the Problem of Notice, 4 UCLA Criminal Justice Law Review 185-198 (2020) (with others)
• Valid or Voodoo? A Qualitative Study of Attorney Perceptions of Risk Assessment in Sentencing and Plea Bargaining, 48 Journal of Community Psychology 2053-2068 (2020) (with others)
• Wrongful Convictions, 3 Annual Review of Criminology 245-259 (2020)

Articles & Essays

• Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 (2020) (with others)
• Working to Fail, 27 Duke Journal of Gender Law & Policy 167-178 (2020)

Newspaper Articles and Commentary

• How to Stop Evictions From Further Ruining Lives, The New York Times (January 7, 2021) (with Barbara Kiviat)
• How Government Rules Prevent Poor Americans From Saving, Politico (September 3, 2020) (with Pamela Foohey)
• Bankruptcy Courts Ill-Prepared for Tsunami of People Going Broke From Coronavirus Shutdown, The Conversation (May 13, 2020) (with others)

• Lying, Truth-Seeking, and the Law of Questioning (Cambridge University Press, 2020)

Articles & Essays

• Sandra Day O’Connor’s "First" Principles: A Constructive Vision for an Angry Nation, 120 Columbia Law Review 2017-2036 (2020)  (reviewing Evan Thomas, First: Sandra Day O’Connor (2019))

Newspaper Articles and Commentary

• Symposium: Procedural Equality in Ginsburg’s Criminal Justice Decisions, SCOTUSblog (October 1, 2020)
• Why Republicans Are Refusing to Testify, The Atlantic (December 20, 2019)

Articles & Essays

• The Wandering Officer, 129 Yale Law Journal 1676-1782 (2020) (with John Rappaport)

• 'Lipstick on a Pig': Specific Performance Clauses in Action, Wisconsin Law Review (2021) (with others)
• Maduro Bonds, in Sovereign Debt Diplomacies: Rethinking Sovereign Debt from Colonial Empires to Hegemony 304-329 (Juan Flores & Pierre Penet, eds., 2021) (with Ugo Panizza)
• The Myth of Optimal Expectation Damages, Marquette Law Review (2020) (with others)

• Legal Air Cover (2020) (with others)
• Innovation Versus Encrustation: Agency Costs in Contract Reproduction (2020) (with others)
• Unlawfully-Issued Sovereign Debt (2020) (with Mark C. Weidemaier)
• Contracts of Inattention (2020) (with Marcel Kahan)
• Make-Wholes in Sovereign Bonds (Not Sure Why They Are There, but They May Be Free) (2020) (with Ugo Panizza)
• Nailing the Flag to the Mast – Promises of Super-Priority in Public Debt (2019) (with others)

Articles & Essays

• The Argentine Collective Action Clause Controversy , Capital Markets Law Journal, Advance Articles 1-10 (2020) (with Lee C Buchheit)
• Anticipating Venezuela’s Debt Crisis: Hidden Holdouts and the Problem of Pricing Collective Action Clauses, 100 Boston University Law Review 253-300 (2020) (with others)
• Avoiding a Lost Decade -- Sovereign Debt Workouts in the Post-COVID Era, Capital Markets Law Journal (2020) (with Lee C. Buchheit)
• Born Out of Necessity: A Debt Standstill for COVID-19, Center for Economic Policy Research; Policy Insight No. 103 (2020) (with others)
• Contractual Arbitrage, in Oxford Handbook of Institutions of International Economic Governance and Market Regulation (Eric Brousseau, Jean-Michel Glachant, and Jérôme Sgard eds., 2020) (with others)
• How to Restructure Euro Area Sovereign Debt in the Era of COVID-19, 15 Capital Markets Law Journal 322-346 (2020) (with others)
• King Leopold's Bonds and the Odious Debts Mystery, 60 Virginia Journal of International Law 487-530 (2020) (with others)
• Necessity and the Covid-19 Pandemic, 15 Capital Markets Law Journal 277-283 (2020) (with W. Mark C. Weidemaier)
• Revising Boilerplate: A Comparison of Private and Public Company Transactions, 2020 Wisconsin Law Review 629-655 (2020) (with others)
• The Price of Law: The Case of the Eurozone's Collective Action Clauses, The Review of Financial Studies (2020) (with others)
• Transferable Sovereignty: Lessons from the History of the Congo Free State, 69 Duke Law Journal 1219-1273 (2020) (with Joseph Blocher)
• When Governments Promise to Prioritize Public Debt: Do Markets Care?, 6 Journal of Financial Regulation 41-74 (2020) (with others)
• Why Did Belgium Pay Leopold’s Bonds?, 83 Law and Contemporary Problems 49-70 (2020) (with others)

Newspaper Articles and Commentary

• Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine (August 23, 2019) (with Joseph Blocher)

• Contesting LGBT Rights Before Supranational Courts: Evidence From Third Party Submissions to the ECtHR, in International Adjudicators & Megapolitics (2021) (with Clare Ryan)
• Rethinking Derogations from Human Rights Treaties, 115 American Journal of International Law (2021)

Articles & Essays

• Copyright Exceptions Across Borders: Implementing the Marrakesh Treaty, 42 European Intellectual Property Review 332-340 (2020) (with others)
• Introduction to “The International Legal Order and the Global Pandemic”, 114 American Journal of International Law 571-577 (2020) (with Curtis A. Bradley)
• Populism and International Human Rights Law Institutions: A Survival Guide, in Human Rights in a Time of Populism: Challenges and Responses 218-249 (Gerald L. Neuman, 2020)
• Terminating Treaties, in The Oxford Guide to Treaties 624-640 (Duncan Hollis, ed., 2020)
• The New Innovation Frontier Revisited: Intellectual Property and the European Court of Human Rights, in Intellectual Property Law and Human Rights (Paul L.C. Torremans, ed., 2020)
• Walking Back Human Rights in Europe?, European Journal of International Law (2020) (with Erik Voeten)

Articles & Essays

• In Harm’s Way: Gender and Human Rights in National Security, 27 Duke Journal of Gender Law & Policy 179-202 (2020)

Newspaper Articles and Commentary

• Pompeo’s “Rights Commission” Is Worse Than Feared: 7 Concerns to Watch, Just Security (April 16, 2020) (with Sarah Knuckey)
• Pompeo’s “Rights Commission” is Worse Than Feared: Part I, Just Security (March 13, 2020) (with Sarah Knuckey)
• Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda, Just Security (July 9, 2019) (with others)

• Music Copyright, Creativity, and Culture (Oxford University Press, 2021)
• Mark of the Devil: The University as Brand Bully, Fordham Intellectual Property Law Journal (2020) (with James Boyle)

• The “Angry Black Woman” (2019) (with Kimberly Norwood)

Articles & Essays

• Commentary on Meritor Savings Bank, FSB v. Vinson, in Feminist Judgments: Rewritten Employment Discrimination Opinions 215-227 (Ann C. McGinley & Nicole B. Porter, 2020)
• Genetic Race? DNA Ancestry Tests, Racial Identity, and the Law, 120 Columbia Law Review 1929-2016 (2020) (with Jessica L. Roberts)
• Me Too? Race, Gender, and Ending Workplace Sexual Harassment, 27 Duke Journal of Gender Law & Policy 203-225 (2020) (with Emma E. Wade)

Newspaper Articles and Commentary

• 'Too Often Overlooked': Black Women Are Nearly Absent From the Federal Bench—It's Time to Change That, Law.com (December 8, 2020) (with Catherine Smith)
• What Do We Teach Our Students About Law and Justice?, Medium (June 15, 2020) (with Kimberly Jade Norwood)

• Kidney Donation and the Consent of the Poor, 66 Loyola Law Review (2020) (with Philip J. Cook)

• The Danger of Difference: How Corporate Directors Talk About Diversity (2020) (with others)

Articles & Essays

• Exemplary Legal Writing 2019: Books: Five Recommendations, 2020 Green Bag Almanac & Reader 314-317 (2020) (with Femi Cadmus)

Books

• Judicial Decision-Making: A Coursebook (West Academic Publishing, 2020) (with others)

Articles & Essays

• From Judge to Dean and Back Again: Reflections on Transitions, 59 The Judges' Journal 4-7 (2020)

• The Office of the Chief Judge, 169 University of Pennsylvania Law Review (2021) (with Jon O. Newman)
• The Promise of Senior Judges, 115 Northwestern University Law Review (2021)

• The Administration of the Federal Courts of Appeals (2020) (with Jon O. Newman)
• Judicial Secrecy (2020) (with Dan Epps)

Articles & Essays

• Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 (2020) (with others)
• Interbranch Information Sharing: Examining the Statutory Opinion Transmission Project, 108 California Law Review 917-940 (2020) (with Tejas N. Narechania)
• Packing and Unpacking State Courts?, 61 William & Mary Law Review 1121-1158 (2020)

Newspaper Articles and Commentary

• The Status of Non-Binding Authority, Jotwell (November 12, 2020)
• Republicans Have Already Packed State Supreme Courts, Washington Post (October 26, 2020)
• Confronting Online Advocacy, Jotwell (September 4, 2019)

Articles & Essays

• Reconciling Environmental Justice with Climate Change Mitigation: A Case Study of NC Swine CAFOs, 21 Vermont Journal of Environmental Law 523-543 (2020) (with D. Lee Miller)

• Civil Rights as Human Rights , 70 Duke law Journal (2020)

Articles & Essays

• Building a New Rationality from the New Cognitive Neuroscience, in Routledge Handbook of Bounded Rationality 409-419 (Riccardo Viale, ed., 2021) (with others)
• Collective Action in the Wild, in The Extended Theory of Cognitive Creativity: Interdisciplinary Approaches to Performativity 89-102 (Antonino Pennisi and Alessandra Falzone, eds., 2020) (with Mark B. Turner)
• Coordination, Communication, and Information: How Network Structure and Knowledge Affect Group Behavior, 7 Journal of Experimental Political Science 1-12 (2020) (with Nicholas Weller)
• Is Political Knowledge Unique?, 8 Political Science Research and Methods 188-195 (2020) (with Craig M. Burnett)

• Pointing Guns, Texas Law Review (2021) (with others)
• Second Amendment Equilibria, Northwestern University Law Review (2021)
• The City’s Second Amendment, Cornell Law Review (2020) (with Dave Fagundes)

Issues Edited

• Gun Rights and Regulation Outside the Home, 83 Law and Contemporary Problems (No. 3, 2020) (with others)

Articles & Essays

• Constitutional Pronouns, 27 Duke Journal of Gender Law & Policy 227-234 (2020)
• The Geography of a Constitutional Right: Gun Rights Outside the Home, 83 Law and Contemporary Problems i-vii (2020) (with others)

Newspaper Articles and Commentary

• How to Safeguard Progressive Legislation Against the Supreme Court: Poison Pills, Washington Post (October 26, 2020) (with Aziz Huq)
• Gun Laws Were Meant to Ban Private Militants. Now, Our Hands are Tied., Washington Post (September 2, 2020)
• A Simplistic Interpretation of "Defund the Police" May Embolden Vigilantes, Newsday (June 20, 2020)

• U.S. Counterterrorism Law And Policy: A Documentary History (Oxford University Press, 2020)

Articles & Essays

• The County of Maui Decision Confirms the Meaning of the Clean Water Act - and the English Language, 52 Trends 2-4 (2020) (with others)

• Judges as Superheroes: The Danger of Confusing Constitutional Decisions with Cosmic Battles, South Carolina Law Review (2021)

Newspaper Articles and Commentary

• History Tells Us Black Americans Need Better Legal Protection, Law360 (July 19, 2020)

• Clearing Opacity through Machine Learning, 106 Iowa Law Review (2020) (with W. Nicholson Price II)

Articles & Essays

• Trust, But Verify: Informational Challenges Surrounding AI-Enabled Clinical Decision Software (2020) (with others)
• Accountability, Secrecy, and Innovation in AI-Enabled Clinical Decision Software , Journal of Law and the Biosciences, Advance Articles 1-26 (2020) (with others)
• Knowledge Transfer for Large-Scale Vaccine Manufacturing,  369 Science 912-914 (2020) (with others)

Newspaper Articles and Commentary

• Acknowledging the Public Role in Private Drug Development: Lessons From Remdesivir, STAT (May 13, 2020) (with Justin Hughes)
• Expanding Access and Reducing Prices for Drugs to Prevent HIV: Should Government Enforce Its Patent Rights Against the Pharmaceutical Industry?, 323 JAMA (March 3, 2020 821-822) (with Lawrence O. Gostin)

Articles & Essays

• Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic, 23 Journal of International Economic Law (2020) (with Frederick M. Abbott)
• WIPO’s Role in Procedural and Substantive Patent Law Harmonization, in Research Handbook on the World Intellectual Property Organization: The First 50 Years and Beyond 108-130 (Sam Ricketson, ed., 2020) (with Rochelle Cooper Dreyfuss)

• Thinking Outside the Box (12): The Benefits of Increased Transparency in Employer-Sponsored Health Insurance for the 180 Million Insured (2019) (with Regina Herzlinger)
• Box 12, IRS W-2, to the Rescue: The Effect of Transferring Pre-Tax Employer-Sponsored Health Insurance Funds to Employees On After-Tax Income, Federal Income and Payroll Taxes, Health Insurance Premiums, and Health Care Costs (2019) (with Regina Herzlinger)

Articles & Essays

• New Institutional Economics, in Oxford Handbook of New Private Law (Andrew S. Gold et al. eds., 2020)

Newspaper Articles and Commentary

• How to Save Democracy From Technology: Ending Big Tech’s Information Monopoly,  Foreign Affairs (November 30, 2020) (with others)
• Surprise Medical Bills Continue During Coronavirus Time, and Congress Still Misses Major Points, The Conversation (May 13, 2020)
• Early Lessons From COVID-19 We Already Should Have Learned (March 26, 2020) (with Thomas P. Miller)
• Toward an Effective Innovation Agenda, The New England Journal of Medicine (January 23, 2019) (with Kevin A. Schulman)

Articles & Essays

• Regulating the Common Heritage of Mankind: Challenges in Developing a Mining Code for the Area, in Global Challenges and the Law of the Sea 333-349 (Marta Chantal Ribeiro, Fernando Loureiro Bastos & Tore Henriksen, eds., 2020) (with Hannah Lily)
• The County of Maui Decision Confirms the Meaning of the Clean Water Act - and the English Language, 52 Trends 2-4 (2020) (with others)

Books

• Civil Procedure (Foundation Press, 1st 2004, 2d ed. 2008, 3d ed. 2012, 4th ed. 2016, 5th ed. 2020) (with others)

Articles & Essays

• Reign of Error: District Courts Misreading the Supreme Court over Rooker–Feldman Analysis, 17 Legal Communication & Rhetoric: JALWD 1-14 (2020) (with Edward L. Baskauskas)

• The Misunderstood Eleventh Amendment, University of Pennsylvania Law Review (2020) (with William Baude)

Articles & Essays

• The Unlimited Jurisdiction of the Federal Courts, 106 Virginia Law Review 1703-1768 (2020)

Newspaper Articles and Commentary

• Grounds for Impeachment: Solicitation, not just incitement, The Volokh Conspiracy (January 11, 2021)
• Institutions and Platforms: The Wisdom of "Sir, This is a Wendy's", The Volokh Conspiracy (October 26, 2020)

• Corporate Restructuring Under Relative and Absolute Priority Default Rules: A Comparative Assessment, 2021 University of Illinois Law Review (2021) (with Jonathan Seymour)
• Regulating Financial Guarantors, 11 Harvard Business Law Review (2021)
• Scoping and Defining Financial Inclusion, Access to Credit, and Sustainable Finance, Law and Contemporary Problems (2021) (with Theodore L. Leonhardt)
• Central Bank Digital Currencies and Law, in (2020)
• Examining Indenture Trustee Duties, in Fiduciaries and Trust: Ethics, Politics, Economics and Law (Paul B. Miller and Matthew Harding, eds., 2020)
• Protecting Financial Stability: Lessons from the Coronavirus Pandemic, Harvard Business Law Review (2020) (with Howell E. Jackson)

• Catastrophe Bonds, Pandemics, and Risk Securitization (2020)
• Restructuring Sovereign Debt by Incorporating Soft Law as Governing Law or by Reference (2020)
• Insolvency Close-Out Netting (2020)
• Pandemics and Systemic Financial Risk (2020) (with Howell E. Jackson)
• Regulating Excessive Risk-taking: Financial Guarantees, Insurance, and other Contingent-Payment Instruments (2019)

Articles & Essays

• Regulating Derivatives: A Fundamental Rethinking, 70 Duke Law Journal 545-606 (2020)
• Soft Law as Governing Law, 104 Minnesota Law Review 2471-2514 (2020)
• TePoel Lecture: Bond Trustees, and the Rising Challenge of Activist Investors, 53 Creighton Law Review 669-681 (2020)
• Conclusion: Closing Perspectives on Regulating Systemic Risk, in Systemic Risk in the Financial Sector: Ten Years After the Great Crash 263-278 (Douglas W. Arner, Emilios Avgouleas, Danny Busch & Steven L. Schwarcz, eds., 2019)

• Sensing Injustice: A Lawyer's Life in the Battle for Change (Monthly Review Press, 2021)

• Agenda Setting at EPA, in Fifty Years at the U.S. Environmental Protection Agency: Progress, Retrenchment, and Opportunities (A. James Barnes, John D. Graham & David Konisky, eds., 2021) (with John D. Graham)
• Co-Benefits, Countervailing Risks, and Cost-Benefit Analysis, in Human and Ecological Risk Assessment: Theory and Practice (Dennis Paustenbach, ed., 2021) (with others)
• Disregard and Due Regard, NYU Environmental Law Journal (2021)

• Comparing Environmental Risk Regulation in China and the United States (2020) (with others)
• Institutional Roles and Goals for Retrospective Regulatory Analysis (2020) (with Lori S. Bennear)
• Adaptive Regulation: A Framework for Policy Learning over Time (2019) (with Lori S. Bennear)

Articles & Essays

• Learning to Manage the Multirisk World , 40, Risk Analysis S1, 2137-2143 (2020)  

Articles & Essays

• Chaos, Accomplishment, and Work, or, What I Learned on Paternity Leave, 27 Duke Journal of Gender Law & Policy 269-277 (2020)
• Smoke Next Time: Nullification, Commandeering, and the Future of Marijuana Regulation, in Marijuana Federalism: Uncle Sam and Mary Jane 85-102 (Jonathan H. Adler, ed., 2020)

Articles & Essays

• “We Will See That You Are Troubled Right Along”: Women and the Politics of the Early Federal Income Tax, 27 Duke Journal of Gender Law & Policy 279-295 (2020)