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

Books

  • Oxford Handbook of Well-Being and Public Policy (Oxford University Press, 2016) (editor with Marc Fleurbaey)

Articles and Essays

  • Aggregating Moral Preferences, 32 Economics & Philosophy 283-321 (2016)
  • Behavioral Economics, Happiness Surveys, and Public Policy, Journal of Benefit-Cost Analysis (2016)
  • Extended Preferences, in Oxford Handbook of Well-Being & Public Policy 476 (Matthew Adler & Marc Fleurbaey eds., 2016)
  • Introduction, in Oxford Handbook of Well-Being & Public Policy 1 (Matthew Adler & Marc Fleurbaey, eds., 2016) (with Marc Fleurbaey)
  • Priority for the Worse Off and the Social Cost of Carbon(CSIFO, Working Paper No. 6032, August 2016)
  • Equity by the Numbers: Measuring Poverty, Inequality, and Injustice, 66 Alabama Law Review 551-607 (2015)
  • Prioritarianism and Climate Change, 62 Environmental & Resource Economics 279-308 (2015) (with Nicolas Trench)
  • The Ethical Value of Risk Reduction: Utilitarianism, Prioritarianism and Cost-Benefit Analysis, in Ethics & Risk Management 9-29 (Lina Svedin ed., 2015)
  • Value and Cost-Benefit Analysis, in The Oxford Handbook of Value Theory 317-337 (Iwao Hirose & Jonas Olson eds., 2015)
  • Welfarism, Equity, and the Choice Between Statistical and Identified Victims, in Identified Versus Statistical Lives: An Interdisciplinary Perspective 53-76 (I. Glenn Cohen, Norman Daniels & Nir Eyal eds., 2015)

Newspaper Articles and Commentary

  • Inequality of What?, OUPblog (June 17, 2016)

Forthcoming

  • Customer Discrimination, 102 Iowa Law Review (forthcoming) (with Mitu Gulati)
  • Sharing Sexism, Fordham Urban Law Journal (forthcoming)

Books

Newspaper Articles and Commentary

  • Blue for Boys, White with Flowers for Girls: When Commencement is an Exercise in Discrimination, Verdict (May 03, 2016) (with Joanna L. Grossman)
  • Can the Supportive State be Non-Intrusive?, Family Law Jotwell (March 24, 2015)
  • Denaturing the Family, Family Law Jotwell (February 25, 2015)

Forthcoming

  • Adaptive Financial Regulation and RegTech: A Concept Article on Realistic Protection for Victims of Bank Failures, 66 Duke Law Journal 567-604 (forthcoming)

Articles and Essays

Forthcoming

  • The Constitution v. The Convention: The Evolution of the Court-Mandated Right to Counsel in the United States and Europe, 27 Duke Journal of Comparative & International Law (forthcoming) (with Richard E. Myers)
  • The Development and Evolution of the U.S. Law of Corporate Criminal Liability and the Yates Memo, 46 Stetson Law Review (forthcoming)

Books

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

  • Providing Internet Access Isn't Speech, Washington Post (June 15, 2016)
  • Yes, Donald Trump Can Announce Whom He Would Appoint, Washington Post (May 18, 2016)
  • The Opinions Justice Scalia Joined will Start Being Treated Worse, Even if He is Replaced by a Like-Minded Justice, Washington Post (February 26, 2016)
  • Why Would a Trial Judge Make His Bias so Clear?, Washington Post (September 08, 2015)
  • What Does Congress Mean by "Methodology"?, Washington Post (June 12, 2015)
  • Q: "Do You Know of Any Case in Which We Have Halted a Proposed Rulemaking?" A: "I Do Not, Your Honor.", Washington Post (April 17, 2015)
  • FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for Internet Time, Washington Post (March 12, 2015)

Books

  • Torts: Doctrine and Process (Duke University Press, 2016) (with Doriane Lambelet Coleman)
  • BMI v. Minicom (NITA, 2015) (Faculty Version) (with Anthony J. Bocchino)
  • BMI v. Minicom (NITA, 2015) (Trial Version) (with Anthony J. Bocchino)
  • BMI v. Minicom (NITA, 2015) (Defendants Version) (with Anthony J. Bocchino)
  • BMI v. Minicom (NITA, 2015) (Plaintiffs Version) (with Anthony J. Bocchino)
  • Problems in Trial Advocacy (NITA, 2015) (with Anthony J. Bocchino)

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Court-hacking Comes to North Carolina, News & Observer (November 19, 2016) (with Neil Seigel)
  • 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)

Articles and Essays

Newspaper Articles and Commentary

  • Teaching Lawyers About Happiness, Law Practice Today (June 14, 2016)
  • Duke's Nontenure Faculty Unionized -- Now What?, Talent Management (May 20, 2016)
  • Pay Attention to Laws Affecting Transgender Employees, Talent Management (April 21, 2016) (with Lauren Sanders)
  • Deflated Footballs and College Athlete Unions, Talent Management (September 18, 2015)
  • Dog Days of Summer Kill Productivity, Talent Management (August 05, 2015)

Books

Articles and Essays

Forthcoming

Books

Articles and Essays

Newspaper Articles and Commentary

  • Don't Let Americans Sue Saudi Arabia, New York Times (April 22, 2016) (with Jack Goldsmith)
  • Constitutional Conventions, the Judicial Separation of Powers, and Justice Scalia's Replacement , Balkinization (February 14, 2016) (with Neil Siegel)
  • 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)

Forthcoming

  • The Market for Anti-Corruption Enforcement, Law & Contemporary Problems (forthcoming) (with Samuel Buell)

Forthcoming

  • The Market for Anti-Corruption Enforcement, Law & Contemporary Problems (forthcoming) (with Rachel Brewster)
  • The Political and Professional Economies of U.S. Global Criminal Enforcement, in Oxford Handbook of International Governance and Market Regulation (E. Brousseau & J. Sgärd eds. , forthcoming)
  • The Responsibility Gap in Corporate Crime (forthcoming)
  • Criminally Bad Management, in The Research Handbook on Corporate Crime and Financial Misdealing (Jennifer H. Arlen, forthcoming)

Books

  • Capital Offenses: Business Crime and Punishment in America's Corporate Age (W.W. Norton, 2016)

Articles and Essays

Newspaper Articles and Commentary

  • Insider Trading Money Shouldn't Be 'Finders, Keepers', Hill (October 18, 2016)
  • Prosecuting Wells Fargo Executives Won't Solve Anything, Slate (September 16, 2016)
  • What's In a Word, Your Honor? Defining Fraud is as Tricky as Prosecuting It., Duke Magazine (August 08, 2016)
  • It's Easy to Hate White Collar Criminals, But It's Surprisingly Hard to Sentence Them, Quartz (July 02, 2016)
  • Insider Trading Law in Deeper Waters, CLS Blue Sky Blog (January 10, 2015)

Articles and Essays

  • Appeals, in International Encyclopedia of the Social & Behavioral Sciences 822-825 (2015) (with Marin K. Levy)

Works in Progress

  • Financing the State (October 28, 2015) (with Margaret H. Lemos)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Fourth Circuit Court of Appeals Strikes Down North Carolina Voting Law, Colored Demos: A Blog on Law, Politics, Democracy, Culture, Race (July 29, 2016) (with Luis Fuentes-Rohwer)
  • A Voting Rights Movement Is What's Need Now, New York Times (August 05, 2015) (with Luis E. Fuentes-Rohwer)

Articles and Essays

Books

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • Former Chief Justice's Change of Heart is Another Bellwether Moment in the Demise of the Death Penalty, NC Policy Watch (June 02, 2016)
  • Human Rights Hero: Gay J. McDougall, Human Rights (January 01, 2015)

Forthcoming

Books

Issues Edited

Articles and Essays

Forthcoming

Works in Progress

Books

Works in Progress

  • The Sovereign-Debt Listing Puzzle (October 12, 2016) (with others)
  • Market Information and the Elite Law Firm (January 01, 2016)
  • The Stock Market Goes Meta: Information and Capital Part Ways in Corporate Finance (January 01, 2016)

Articles and Essays

Newspaper Articles and Commentary

  • The Last Days of Stock Exchange Listings for Sovereign Bonds?, FinReg Blog (November 07, 2016) (with others)

Articles and Essays

Newspaper Articles and Commentary

  • Entry 5: The Battle is Not Over., Slate (June 23, 2016)
  • 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)

Forthcoming

Books

  • Shareholder Derivative Actions: Law and Practice (West Publishing, 2016)   (Annual Supplements 1988-2002, comprehensive integration 2003-2004, 2004-2010, 2011, 2012-2013, 2015) (excerpted in R. Hamilton, Corporations Including Partnerships and Limited Partnerships (1990))

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Reflections on Veterans Day: How Military Service Helps in Teaching at Duke Law, Lawfire (November 07, 2016)
  • It's Wrong to Suppress the Military Vote, Hill (October 20, 2016)
  • A Pardon for Patraeus, Washington Times (August 29, 2016)
  • Why Doesn't the ABA Consider Discrimination Based on Military or Veteran Status to be an Ethics Violation?, Just Security (August 24, 2016)
  • Do Both Candidates Support More Aggressive Material Support Litigation?, Lawfare (August 22, 2016)
  • The Moral Hazard of Inaction in War, War on the Rocks (August 19, 2016)
  • Brexit and National Security? Keep Calm and Carry On, Lawfire (June 26, 2016)
  • A Few Words about Memorial Day and More, Lawfire (May 27, 2016)
  • Is the U.S. Military Strategy Doing More Harm or Good in the Middle East?, Conversation (May 12, 2016)
  • Yes, We Can Lawfully Target Islamic State Trainees Preparing to Conduct Terrorist Attacks in Europe an Elsewhere, Just Security (March 25, 2016)
  • Getting the Law Right on Carpet Bombing and Civilian Casualties, War On the Rocks (March 23, 2016)
  • Why Can't the Media be More Transparent about Drones?, Hill (March 21, 2016)
  • Trump's Campaign Rhetoric, ISIS and the Law of War, Conversation (March 09, 2016)
  • Can Hillary's Email Troubles Stop Her From Being President? Maybe, But Not Necessarily for the Reason You May Think, Lawfire (February 15, 2016)
  • Facts that may be Surprising About the U.S. Defense Budget, Herald-Sun (January 01, 2016)
  • 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)

Works in Progress

Works in Progress

  • On Cognitive Liberty (January 01, 2016)
  • The Cost of Changing Our Minds (January 01, 2016)

Articles and Essays

  • Neuroscience and Behavioral Genetics in US Criminal Law: An Empirical Analysis, 2 Journal of Law & the Biosciences 485-509 (2016)
  • The Legal Cycle of Life, in Finding Consciousness: The Neuroscience, Ethics, and Law of Severe Brain Damage 229-245 (Walter Sinnott-Armstrong ed., 2016) (with Rachel Zacharias)
  • Regulation: The FDA is Overcautious on Consumer Genetics, 505 Nature 286-287 (Jan. 16, 2015) (with Robert C. Green)

Newspaper Articles and Commentary

  • Can You Legally Consent to a Head Transplant?, Washington Post (August 25, 2016)
  • 3 Reasons Brain Science is Terrific and Terrifying, World Economic Forum (January 21, 2016)
  • Colleges Should Allow Students to Take Smart Drugs, Washington Post (November 03, 2015)
  • Jurors Award $2.25M in "Devious Defecator" Case, Washington Post (June 23, 2015)
  • Test for "Devious Defecator" was Unlawful, Judge Rules , Washington Post (May 30, 2015)
  • Zapping the Brain, Washington Post (May 29, 2015)
  • New Year's Resolutions, Conservatism & Porn, Washington Post (January 01, 2015)

Forthcoming

  • Putting Wealth to Work: Philanthropy for Today or Investing for Tomorrow?, Public Affairs (forthcoming)

Forthcoming

Works in Progress

  • Civil Rights Legislation and Racial Disparities in Health Care (July 27, 2016) (with others)
  • Racial Disparities in Health Care: Geographic Causes and the Impact of Geographical Standardization in Malpractice Standard of Care Rules (July 27, 2016) (with Anupam B. Jena)
  • The Effects of Medical Liability Immunities: Evidence from the Military Health System (July 27, 2016) (with Jonathan Gruber)
  • The Impact of National Medical Liability Standards on Local Access to Physician Services (June 01, 2016) (with others)

Articles and Essays

Forthcoming

Articles and Essays

Forthcoming

  • Lying and the Letter of the Law (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

  • The Last Days of Stock Exchange Listings for Sovereign Bonds?, FinReg Blog (November 07, 2016) (with others)
  • Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Joseph Blocher)

Forthcoming

  • The Law and Politics of the Andean Tribunal of Justice (Oxford University Press, forthcoming) (with Karen J. Alter)
  • Symposium on International Courts in Context, 79 Law & Contemporary Problems (No. 1, forthcoming) (co-editor with Karen J. Alter & Mikael Rask Madsen)
  • An Instrument Choice Perspective on Customary International Law, 37 Michigan Journal of International Law (forthcoming) (with Ingrid Wuerth)
  • The Authority of International Courts, in Authority of International Courts in a Complex World (forthcoming) (with others)

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)

Articles and Essays

Newspaper Articles and Commentary

  • Avoiding a Rush to Exit -- Article 50 and the UK's Withdrawal from the EU, Opinio Juris (June 26, 2016)

Newspaper Articles and Commentary

  • It's Time for a New Primary Electorial System, RealClear Politics (August 06, 2016)

Articles and Essays

  • Feminism and International Law in the Post 9/11 Era, 39 Fordham International Law Journal 533-590 (2016)
  • 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)

Newspaper Articles and Commentary

  • France's Burkini Bans Put Muslim Women in Danger (August 24, 2016)
  • 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

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)

Articles and Essays

  • Foreword, 79 Law & Contemporary 1-3 (2016) (with others)

Newspaper Articles and Commentary

  • Five Years Later, Flash Crash Still Shrouded in Mystery, Huffington Post (May 06, 2016) (with Dennis M. Kelleher)
  • 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)

Articles and Essays

  • How Bayesian are Judges?, 16 Nevada Law Journal 1061-1084 (2016) (with others)
  • On Attempts to Gerrymander "Positive" and "Normative" Political Theory: Six Theses, 24 Good Society 30-48 (2015) (with James Johnson)
  • 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)

Forthcoming

  • Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with others)
  • Law and Markets, 81 Law & Contemporary Problems (forthcoming) (with Joseph Blocher)

Articles and Essays

  • Is Informed Consent Enough?, 16 American Journal of Transplantation 1038 (2016) (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 37-80 (Spencer Headworth et al eds., 2016) (with others)
  • Lessons from Law About Incomplete Commodification in the Egg Market, 33 Journal of Applied Philosophy 160-177 (2016)
  • How Can the Shortage of Kidneys for Transplantation be Rectified? Medical Law Perspectives (July 2015) (with Philip J. Cook)
  • Markets, Morals, and Limits in the Exchange of Human Eggs, 13 Georgetown Journal of Law & Public Policy 349-365 (2015)
  • The Volcker Rule: A Brief Political History, 10 Capital Markets Law Journal 507-522 (2015) (with Guangya Liu)

Works in Progress

Articles and Essays

Articles and Essays

  • How Bayesian are Judges?, 16 Nevada Law Journal 1061-1084 (2016) (with others)
  • Grand Challenges, Grand Ideas: Surmounting the Biggest Problems Facing Today's Legal System, 99 Judicature 14 (2015)
  • In Memoriam: Daniel J. Meltzer, 129 Harvard Law Review 397-420 (2015) (with others)

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)

Articles and Essays

Newspaper Articles and Commentary

  • Coming to a Better Understanding of Remedies, Jotwell (July 15, 2015)
  • Rationing Constitutional Justice, Jotwell (July 08, 2015)

Articles and Essays

  • Who in the World Cares? Gender Gaps in Attitudes Toward Support for Older Adults in 20 Nations, 95 Social Forces 411-438 (2016) (with others)
  • Association Between Divorce and Risks for Acute Mycocardial Infarction, 8 Circulation: Cardiovascular Quality & Outcomes 244-251 (2015) (with others)
  • The Volcker Rule: A Brief Political History, 10 Capital Markets Law Journal 507-522 (2015) (with Kimberly D. Krawiec)

Newspaper Articles and Commentary

  • Commentary: North Caroina Constitution's Green Guarantee, Southeast Energy News (July 12, 2016)
  • 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)

Articles and Essays

Newspaper Articles and Commentary

  • Clinton's Mistake on Reagan is an Opportunity for Action on HIV/AIDS, Slate (March 18, 2016) (with Scott Skinner-Thompson)
  • 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

Books

Articles and Essays

  • Trust and the SRBA Mediation, 52 Idaho Law Review 335-340 (2016)
  • Dispute System Design The United Nations Compensation Commission, in War Reparations and the UN Compensation Commission: Designing Compensation After Conflict (Timothy J. Feighery et al eds., 2015)

Articles and Essays

Forthcoming

  • Law and Recognition-- Towards a Relational Concept of Law, in In Pursuit of Pluralist Jurisprudence (Nicole Roughan & Andrew Halpin eds., forthcoming)
  • Wächter, Carl Georg von, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., 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)

Articles and Essays

  • Does Brexit Spell the Death of Transnational Law?, 17 German Law Journal 51-61 (Brexit Special Supplement 2016)
  • On Liberalism and Legal Pluralism, in Transnational Law 122-142 (Miguel Maduro et al eds., 2016)
  • The Conflicts Restatement and the World, 110 AJIL Unbound 155-160 (2016)
  • Transnationalizing Comparative Law, 23 Maastricht Journal of European and Comparative Law 352-358 (2016)
  • 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)

Newspaper Articles and Commentary

  • The Silence of Justice Thomas is Overrated, Huffington Post (March 03, 2016)
  • Donald Trump Does Not Want to be President, Huffington Post Politics (February 21, 2016)
  • Throwing Away the Respect of Mankind, Huffington Post (March 11, 2015)

Forthcoming

  • Second Amendment Law and Theory (Cambridge University Press, forthcoming) (with Joseph Blocher)
  • Book Review, Political Science Quarterly (forthcoming) (reviewing Anne Larabee, The Wrong Hands: Popular Weapons Manuals and their Historic Challenges to a Democratic Society (2015))
  • The Janus of Civil Rights Law, in The Greatest and Grandest Act: The Civil Rights Act of 1866 from Reconstruction to Today (Christian G. Samito, ed., forthcoming)
  • Continuity and the Declaration of Independence, 89 University of Southern California Law Review (forthcoming)

Articles and Essays

Forthcoming

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

Books

Articles and Essays

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

Newspaper Articles and Commentary

  • The Targeted Killing of American Citizens, OUPblog (September 26, 2016)
  • 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

Articles and Essays

  • The Art of the Possible: Peter Frase's "Four Futures", LA Review of Books (2016) (reviewing Peter Frases, Life After Capitalism (2016))
  • Red-State Blues, New Republic (September 14, 2016) (reviewing Arlie Russell Hochschild Strangers in Their Own Land (2016) & J.D. Vance, Hillbilly Elegy (2016))
  • Votes of No Confidence, BookForum (2016) (reviewing Jason Brennan, Against Democracy (2016))
  • License to Kill, 54 Artforum International 22-23 (2016) (reviewing Karen J. Greenberg, Rogue Justice: The Making of the Security State (2016))
  • The Violent Remaking of Appalachia (2016)
  • A Wild Way to Save the Planet, New Republic (2016) (reviewing Edward O. Wilson, Half-Earth (2016))
  • 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))
  • Coming into the Anthropocene, 129 Harvard Law Review 1619-1650 (2016) (reviewing Jonathan Z. Cannon, Environment in Balance: The Green Movement and the Supreme Court (2015))
  • 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))

Newspaper Articles and Commentary

  • Populism's Two Paths, Nation (October 13, 2016)
  • North Carolina Republications vs. N.C.A.A. Basketball, New Yorker (September 13, 2016)
  • A Voting-Rights Victory in North Carolina, New Yorker (August 02, 2016)
  • Sandra Bland, Citizen, Huffington Post (July 26, 2016)
  • America's Rejection of the Politics of Barack Obama, Atlantic (July 25, 2016)
  • How to Fight Trump, Huffington Post (July 23, 2016)
  • The Pope and I (Are Having a Complicated Weekend), Huffington Post (June 21, 2016)
  • On Memorial Day, Weaponizing the American Flag, Scalawag (May 30, 2016)
  • What West Virginia is Saying at the Polls, Scalawag (May 11, 2016)
  • Transgender Rights and the End of the New South, New Yorker (May 10, 2016)
  • How the 2016 Election Undermines Fukuyama's "End of History" Argument, Vox (March 14, 2016)
  • Jim Webb, Donald Trump, and the Tragedy of American Whiteness, Huffington Post (March 05, 2016)
  • Palin's Song: Her Speech Endorsing Trump, Compressed into Short Poems, Huffington Post (February 20, 2016)
  • Scalia's Contradictory Originalism, New Yorker (February 16, 2016)
  • 4 Reasons Sanders Can Win the General , Huffington Post (February 09, 2016)
  • Against the Political Grown-Up, Dissent (February 06, 2016)
  • Dismissing Sanders: Democratic Condescension and the Mythic Political Grown-up, Huffington Post (February 06, 2016)
  • Ammon Bundy Stands Down, New Yorker (January 28, 2016)
  • Donald Trump's Brutal Charm, Huffington Post (January 27, 2016)
  • Sanders and the Theory of Change: Radical Politics for Grown-Ups, Huffington Post (January 22, 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)
  • An Environmentalism for the Left, Dissent (October 01, 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)
  • The TPP is a Test of Democracy, Huffington Post (May 23, 2015)
  • Fragments, Shored, Avidly (April 15, 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)
  • Eternal Childhood of the Spotless Mind: Speech Codes in the Neoliberal University, Huffington Post (February 18, 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)

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • 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)

Books

  • Governing Digitally Integrated Genetic Resources, Data, and Literature: Global Intellectual Property Strategies for a Redesigned Microbial Research Commons (Cambridge University Press, 2016) (with others)

Articles and Essays

Newspaper Articles and Commentary

  • Carmen Segarra and Competing Visions of Bank Supervision, FinReg Blog (October 25, 2016)
  • Break Up the Banks! But How?, FinReg Blog (October 11, 2016)
  • Should Wells Fargo Execs Responsible for Bilking Customers be Forced to Return Their Pay?, Conversation (September 18, 2016)

Articles and Essays

  • Reforming the Politics of Animal Research, 41 Journal of Medical Ethics 563-566 (2015) (with Lisa Levin)

Newspaper Articles and Commentary

  • Lawyering and Teaching in the Wilderness, 3 LWI Lives (October 01, 2016 1, 4-5)

Forthcoming

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

Articles and Essays

  • Reassessing ACOs and Health Care Reform, 316 Journal of the American Medical Association 707-708 (2016) (with Kevin A. Schulman)
  • 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)

Newspaper Articles and Commentary

  • How Health Care Hurts Your Paycheck, New York Times (November 02, 2016) (with others)
  • Religious Freedom Debate Upends Balance Between Establishment, Free Exercise Clauses, News & Observer (April 02, 2015)

Articles and Essays

  • The Public Trust Doctrine, in Ocean and Coastal Law and Policy 43-74 (Donald C. Baur et al eds., 2015)

Forthcoming

Articles and Essays

Books

Articles and Essays

  • Unifying Depreciation Recapture, 48 Connecticut Law Review 531-559 (2015) (with Jay A. Soled)

Newspaper Articles and Commentary

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

Forthcoming

Works in Progress

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

Works in Progress

  • Sex Equality's Past--and Future: Pregnancy, Contraception, and Abortion (January 01, 2017) (with Reva B. Siegel)
  • Madison's Reasoning (May 16, 2016)
  • Coercion and Collective Action (March 14, 2016) (with Robert D. Cooter)

Articles and Essays

Newspaper Articles and Commentary

  • Court-hacking Comes to North Carolina, News & Observer (November 19, 2016) (with Joseph Blocher)
  • The Distinct Role of Justice Alito: From a Politics of Restoration to a Politics of Dissent, Balkinization (October 19, 2016)
  • Reciprocal Legitimation in Federal Courts System , Balkinization (July 18, 2016)
  • The Supreme Court's Reassuring--and Concerning-- Abortion Ruling, ACSblog (July 05, 2016)
  • A Litmus Test for Trump's Racism (June 10, 2016)
  • The Harm in the GOP's Pseudo-Principled Supreme Court Stance, Hill (April 15, 2016)
  • The American People will Decide the Supreme Court's Future Anyway, Hill (March 03, 2016)
  • Constitutional Conventions, the Judicial Separation of Powers, and Justice Scalia's Replacement , Balkinization (February 14, 2016) (with Curtis Bradley)
  • 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)

Multimedia

  • Direct and Indirect TaxesNational Constitution Center, Interactive Constitution (2016) (with Steven J. Willis)
  • Still Very Narrow After All These Years-- And Rightly SoNational Constitution Center, Interactive Constitution (2016)
  • The Necessary and Proper ClauseNational Constitution Center, Interactive Constitution (2016) (with Gary Lawson)
  • The Necessary and Proper Clause and the Collective Action PrincipleNational Constitution Center, Interactive Constitution (2016)
  • The Power to Tax, Not to Destroy: An Effects Theory of the Taxing ClauseNational Constitution Center, Interactive Constitution (2016)
  • The Taxing ClauseNational Constitution Center, Interactive Constitution (2016) (with Steven J. Willis)

Articles and Essays

Works in Progress

Articles and Essays

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)
  • Environmental Law Goes Retro: Learning Foresight from Hindsight, Journal of Land Use & Environmental Justice (forthcoming) (with Daniel L. Ribeiro)
  • On Markets, Morals, and Climate Change, 80 Law & Contemporary Problems (forthcoming) (with others)

Works in Progress

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

Issues Edited

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Symposium: United States v. Texas and the future of state-federal litigation, Scotusblog (June 24, 2016)
  • Daniel J. Meltzer '75: 1951-2015, Harvard Law Today (October 02, 2015)

Books

  • Federal Income Taxation (Aspen Publishing, 4th ed. 2015) (with others)
  • Federal Income Taxation: A Law Student's Guide to the Leading Cases and Concepts (Concepts and Insights Series) (Foundation Press, 13th ed. 2015) (with Marvin A. Chirelstein)

Articles and Essays