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)
  • 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

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)

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)

Works in Progress

Articles and Essays

  • New Problems for Subsidized Speech, 56 William & Mary Law Review 1083-1118 (2015)
  • Re-Thinking the Bill of Rights: Gun Rights, Freedom of Association, and Capitol Punishment, 50 Tulsa Law Review 477-489 (2015) (reviewing Philip J. Cook & Kristin A Goss, The Gun Debate: What Everyoen Needs to Know (2014), The Second Amendment on Trial: Critical Essays on District of Columbia v. Heller (Saul Cornell & Nathan Kozuskanich edsl, 2013), Nicholas Johnson, Negroes and the Gun: The Black Tradiation 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))
  • 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)
  • 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

  • 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

  • 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 Cases & Materials (Center for the Study of the Public Domain, 2014) (with Jennifer Jenkins)
  • 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)
  • 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

  • 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)

Forthcoming

  • Appeals, in International Encyclopedia of the Social & Behavioral Sciences (forthcoming) (with Marin K. Levy)

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

Articles and Essays

Works in Progress

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

Articles and Essays

Works in Progress

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

Articles and Essays

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

  • 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

Articles and Essays

Newspaper Articles and Commentary

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

Forthcoming

  • Lawfare, in National Security Law (John Norton Moore & Robert F. Turner eds., forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • 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)
  • 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)
  • 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

  • New Year's Resolutions, Conservatism & Porn, Washington Post (January 01, 2015)

Forthcoming

  • Lying and the Letter of the Law (forthcoming)
  • Hindsight Blindness (forthcoming)
  • Silence, Confessions, and the New Accuracy Imperative, 65 Duke Law Journal (forthcoming)

Articles and Essays

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

  • 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)
  • Custom in the Age of Soft Law (with Ingrid Wuerth)

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

Works in Progress

  • Problematic Rights and Rhetoric in the Trafficking-Terrorism Nexus (January 01, 2013)

Books

Articles and Essays

  • 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

  • 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

  • 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)

Articles and Essays

  • Single and Childfree! Reassessing Parental and Marital Status Discrimination, 46 Arizona State Law Journal 1253-1346 (Winter 2014)
  • The Significance of Skin Color in Asian and Asian-American Communities: Initial Reflections, U.C. Irvine Law Review 1105-1123 (2013)

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 Humanitities (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)

Issues Edited

Articles and Essays

Articles and Essays

Forthcoming

  • International Maritime Boundaries (M. Nijhoff, forthcoming) (editor)

Articles and Essays

  • Baselines, in Oxford Handbook of the Law of the Sea 69-89 (Don Rothwell et al eds., 2015)
  • Why Litigate a Maritime Boundary? Some Contributing Factors, in Litigating International Law Disputes: Weighing the Options 230 (Natalie Klein ed., 2014)

Works in Progress

  • An Examination of State Amicus Activity 1979-2010 (January 01, 2014) (with Kevin Quinn)
  • Judicial Decisionmaking (January 01, 2014) (with others)
  • Privatizing Government Litigation (January 01, 2014)

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)

Forthcoming

  • Appeals, in International Encyclopedia of the Social & Behavioral Sciences (forthcoming) (with Paul D. Carrington)

Works in Progress

Books

Articles and Essays

Newspaper Articles and Commentary

  • What $18 Billion in 'Enforcement-Only' Buys, News & Observer (January 09, 2013)

Forthcoming

  • Association Between Divorce and Risks for Acute Mycocardial Infarction, Circulation: Cardiovascular Quality & Outcomes (forthcoming) (with others)

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

  • HIV Infrastructure Study, Jackson, Mississippi (2015) (with others)
  • HIV/AIDS in the Southern USA: A Disproportionate Epidemic, 26 AIDS Care: Psychological and Socio-medical Aspects of AIDS/HIV 351-359 (2014) (with others)

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)
  • 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

  • Foreword, 31 Alaska Law Review iii-iv (2015)

Forthcoming

  • What is Law Beyond the State? An Introduction, in [Title Forthcoming] (Michael Helfand ed., forthcoming)
  • Party Autonomy in Private International Law--A New Paradigm Without a Solid Foundation?, 15 Japanese Yearbook of International Law (forthcoming)
  • The UNIDROIT Principles as Global Background Law, 19 Uniform Law Review (forthcoming)

Articles and Essays

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)

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)

Books

Articles and Essays

  • 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

  • EPA Plan Needs a Debate Based on Reason, Boston Globe (April 11, 2015) (with others)

Forthcoming

  • After Nature: A Politics for the Anthropocene (Harvard University Press, forthcoming)
  • Property and the Constitution, in Oxford Handbook of US Constitutional Law (Mark Graber, Mark Tushnet, & Sandy Levinson, eds., forthcoming)

Issues Edited

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

Articles and Essays

Newspaper Articles and Commentary

  • 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

  • Use Patents Can Be Useful: The Case of Rescued Drugs (August 07, 2014) (with Grant Rice)
  • 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

  • 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

  • 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)
  • 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)
  • 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

  • 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

Works in Progress

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

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

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)
  • Improving International Regulatory Cooperation: TTIP as a Step Toward a Global Policy Laboratory, 78 Law & Contemporary Problems (forthcoming) (with Alberto Alemanno)
  • Precaution and Climate Change, in Oxford Handbook of International Climate Change Law (Cinnamon Carlarne et al. eds., forthcoming)
  • Impact Assessment: Diffusion and Integration, in Comparative Law and Regulation (Francis Bignami & David Zaring, eds., forthcoming) (with Daniel Lima Ribeiro)

Articles and Essays

Forthcoming

Articles and Essays

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'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)