Articles and Essays

• The Rights of Marriage: Obergefell, Din, and the Future of Constitutional Family Law, 103 Cornell Law Review 501-564 (2018)
  
• Cumulative Constitutional Rights, 97 Boston University Law Review 1309-1355 (2017) (with Brandon L. Garrett)
  
• Domicile Dismantled, 92 Indiana Law Journal 387-433 (Spring 2017) (with Kathryn Barber)
  
• Family Reunification and the Security State, 32 Constitutional Commentary 247-280 (Summer 2017)
  
• DNA and Distrust, 91 Notre Dame Law Review 757-814 (2016) (with Brandon L. Garrett)
  
• (Mis)Recognizing Polygamy, in The Polygamy Question (Janet Bennion and Lisa Fishbayn Joff eds., 2016)
  
• Foreword: The Future of Immigration Enforcement: A Tribute to David Martin, 30 Journal of Law & Politics 401-410 (Spring 2015)
  
• No More Blood, in Bloodlines and Belonging: Time to Abandon Ius Sanguinis? (Costica Dumbrava & Rainer Bauböck eds., 2015) (EUI Working Paper RSCAS 2015/80)
  
• Structured Dialogue on Building a Sustainable, Stable Immigration Enforcement System, 30 Journal of Law & Politics 555-579 (Spring 2015)
  

Newspaper Articles and Commentary

• Flirting with Federal Family Law, JOTWELL.COM (March 13, 2017) (reviewing Daniel J. Hemel and Lisa Larrimore Ouellette, Innovation Policy Pluralism, 128 Yale Law Journal (forthcoming))
  
• Clear Violation: All the Many Ways Trump's Muslim Ban Goes against the Constitution, Slate.com (January 30, 2017) (with Brandon L. Garrett)
  
• Restructuring Family Law, JOTWELL.COM (April 20, 2015) (reviewing lare Huntington, Failure to Flourish: How Law Undermines Family Relationships (2014))
  

• A Better Calculus for Regulators: From Cost-Benefit Analysis to the Social Welfare Function (February 25, 2017)
  
• Justice, Claims and Prioritarianism: Room for Desert? (October 24, 2016)
  
• Would You Choose to be Happy? Tradeoffs Between Happiness and the Other Dimensions of Life in a Large Population Survey (August 05, 2015) (with others)
  

Books

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

Articles and Essays

• Utilitarianism, Prioritarianism, and Intergenerational Equity: A Cake Eating Model, 87 Mathematical Social Sciences 94-102 (2017) (with Nicolas Treich)
  
• Years of Good Life Based on Income and Health: Re-Engineering Cost-Benefit Analysis to Examine Policy Impact on Wellbeing and Distributive Justice  (CHE Research Paper 132) (2016) (with others)
  
• Aggregating Moral Preferences, 32 Economics & Philosophy 283-321 (2016)
  
• Behavioral Economics, Happiness Surveys, and Public Policy, Journal of Benefit-Cost Analysis (2016)
  
• Benefit-Cost Analysis and Distributional Weights: An Overview, 10 Review of Environmental Economics & Policy 264-285 (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

• Cost-Benefit Analysis and Social Welfare Functions, RegBlog (September 19, 2016)
  
• Inequality of What?, OUPblog (June 17, 2016)
  

Books

• Gender and Law: Theory, Doctrine, Commentary (Aspen Publishers, 7th ed. 2017) (with others)
  

Articles and Essays

• Feminism and Economic Inequality, 35 Law & Inequality 265-287 (2017)
  
• Discrimination by Customers, 102 Iowa Law Review 223-257 (2016) (with Mitu Gulati)
  
• Sharing Sexism, 43 Fordham Urban Law Journal 1163-1173 (2016)
  

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)
  

Articles and Essays

• Adaptive Financial Regulation and RegTech: A Concept Article on Realistic Protection for Victims of Bank Failures, 66 Duke Law Journal 567-604 (2016)
  
• Understanding the 'Global' in Global Finance and Regulation, in Reconceptualising Global Finance and Its Regulation 28-50 (Ross Buckley et al. eds., 2016)
  

• Prosecuting Corporations for Violations of International Criminal Law: Jurisdictional Issues, International Review of Penal Law (forthcoming)
  

Books

• Federal Criminal Law and Its Enforcement (6th ed. 2015) & Supplement 2017,  Accompanying Teacher's Manual (2015) (with others)
  

Articles and Essays

• The US, in White Collar Crime - A Comparative Perspective 149-223 (Katalin Ligeti & Stanislaw Tosza eds., 2019)
  
• Hacking the Internet of Things: Vulnerabilities, Dangers, and Legal Responses, 16 Duke Law & Technology Review 161-204 (2018) (with Peter Berris)
  
• The Trafficking Victim Protection Act: The Best Hope for International Human Rights Litigation in the U.S. Courts? , 50 Case Western Reserve Journal of International Law 17-47 (2018)
  
• 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 1-33 (2016) (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 41-69 (2016)
  
• Prosecutorial Discretion in Three Systems: Balancing Conflicting Goals and Providing Mechanisms for Control, in Discretionary Criminal Justice in a Comparative Context 27-58 (Michele Caianiello & Jacqueline S. Hodgson eds., 2015)
  

Books

• Internet and Telecommunication Regulation (Carolina Academic Press, 2019) (with James B. Speta)
  
• Telecommunications Law and Policy (Carolina Academic Press, 4th ed. 2015) (with James B. Speta)
  

Articles and Essays

• Administrative Power in the Era of Patent Stare Decisis, 65 Duke Law Journal 1561-1597 (2016) (with Arti Rai)
  
• Judicial Retirements and the Staying Power of U.S. Supreme Court Decisions, 13 Journal of Empirical Legal Studies 5-26 (2016) (with Georg Vanberg)
  

Newspaper Articles and Commentary

• President Trump's Executive Order on Regulatory Costs Imperils the Rest of His Regulatory Agenda, Washington Post (January 30, 2017)
  
• D.C. Circuit Buries Supreme Court Precedent, Washington Post (October 11, 2016)
  
• 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

• North Carolina Rules of Evidence with Objections (National Institute for Trial Advocacy, 5th 2017) (with others)
  
• Torts: Doctrine and Process (Duke University Press, 2016) (with Doriane Lambelet Coleman)
  
• BMI v. Minicom (NITA, 2015) (Plaintiffs Version) (with Anthony J. Bocchino)
  
• 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)
  
• Problems in Trial Advocacy (NITA, 2015) (with Anthony J. Bocchino)
  

• Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights, William & Mary Bill of Rights Journal (forthcoming) (with Luke Morgan)
  
• Bans, 129 Yale Law Journal (forthcoming)
  
• Disuniformity of Federal Constitutional Rights, University of Illinois Law Review (forthcoming)
  

• Free Speech and Justified True Belief (January 15, 2019)
  
• Transferable Sovereignty (December 23, 2018) (with Mitu Gulati)
  

Books

• The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) (with Darrell A.H. Miller)
  
• Free Speech Beyond Words: The Surprising Reach of the First Amendment (New York University Press, 2017) (with others)
  

Issues Edited

• Law and Markets, 80 Law & Contemporary Problems (No. 1, 2017) (with Kimberly D. Krawiec)
  

Articles and Essays

• From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller, 67 Duke Law Journal 1433-1509 (2018) (with Eric Ruben)
  
• Puerto Rico and the Right of Accession , 43 Yale Journal of International Law 229-271 (2018) (with Mitu Gulati)
  
• What Does Puerto Rican Citizenship Mean for Puerto Rico's Legal Status?, 67 Duke Law Journal Online 122-132 (2018) (with Mitu Gulati)
  
• You Can Lead a Horse to Water: Heller and The Future of Second Amendment Scholarship, 68 Duke Law Journal Online 1-7 (2018) (with Eric Ruben)
  
• A Market for Sovereign Control, 66 Duke Law Journal 797-843 (2017) (with Mitu Gulati)
  
• Forced Secessions, 80 Law & Contemporary Problems 215-247 (No. 1 2017) (with Mitu Gulati)
  
• Foreword: How to Think About Law and Markets, 80 Law & Contemporary Problems 1-9 (No. 1 2017) (with Kimberly D. Krawiec)
  
• Markets and Sovereignty, 54 Osgoode Hall Law Journal 465-490 (2017) (with Mitu Gulati)
  
• Scalia's Gun Rights Legacy is Likely to Stand, No Matter Who Replaces Him, The Trace (February 15, 2016)
  
• Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al. eds., 2016) (with others)
  
• Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis, 48 Columbia Human Rights Law Review 54-111 (2016) (with Mitu Gulati)
  
• Lethality, Public Carry, and Adequate Alternatives, 53 Harvard Journal on Legislation 279-301 (2016) (with Darrell A. H. Miller)
  
• Practice and Precedent in Historical Gloss Games, 106 Georgetown Law Journal Online 1-15 (2016) (with Margaret H. Lemos)
  
• The Death Penalty and the Fifth Amendment, 111 Northwestern University Law Review 275-293 (2016)
  
• What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment, 83 University of Chicago Law Review 295-355 (2016) (with Darrell A. H. Miller)
  
• Hunting and the Second Amendment, 91 Notre Dame Law Review 133-176 (2015)
  
• New Problems for Subsidized Speech, 56 William & Mary Law Review 1083-1118 (2015)
  

Newspaper Articles and Commentary

• The “Handgun Article” in Justice Powell’s Papers, Second Thoughts (August 08, 2019)
  
• What Firearms Law and Regulatory Scholarship Can Learn from Each Other, The Regulatory Review (November 08, 2018) (with Darrell A.H. Miller)
  
• If Countries Won’t Take Refugees for Moral Reasons, Let’s Give Them Financial Incentives, Quartz (April 06, 2018) (with Mitu Gulati)
  
• The Fourth Circuit's "Assault Weapons" Ruling: Alternative Holdings and Alternative Weapons, ACSblog (February 27, 2017)
  
• Speech, Guns and Docs v. Glocks, ACSblog (February 24, 2017)
  
• 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

• Teaching Positive Psychology in Law School, in Positive Psychiatry: A Casebook (Richard F. Summers and Dilip V. Jeste, eds., 2019)
  
• Character Strengths and Academic Performance in Law Students, 55 Journal of Research in Personality 25-29 (April 2015) (with Margaret L. Kern)
  
• Lawyers and Their Elusive Pursuit of Happiness: Does it Matter?, 7 Duke Forum for Law & Social Change 37-52 (2015)
  

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

• Theft! A History of Music (2017) (with others)
  
• Intellectual Property: Law & the Information Society Selected Statutes & Treaties (Center for the Study of the Public Domain, 3d ed. 2016) (with statutory supplement 2016) (with Jennifer Jenkins)
  

Articles and Essays

• (When) Is Copyright Reform Possible?, in Copyright Law in an Age of Limitations and Exceptions 206-233 (Ruth L. Okediji ed., 2017)
  
• Open Legal Educational Materials: The Frequently Asked Questions, 11 Washington Journal of Law, Technology & Arts 13-30 (2015) (with Jennifer Jenkins)
  

• History's Constitution: How Governmental Practices Define the Separation of Powers (Oxford University Press, forthcoming)
  
• Article II Treaties and Signaling Theory, in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (forthcoming)
  
• Historical Gloss, Madisonian Liquidation, and the Originalism Debate, Virginia Law Review (forthcoming) (with Neil Siegel)
  

Books

• Foreign Relations Law (Edward Elgar Publishing, 2019) (editor)
  
• Oxford Handbook of Comparative Foreign Relations Law (Oxford University Press, 2019) (editor)
  
• Foreign Relations Law: Cases and Materials (Aspen Publishers, 6th ed. 2017) (with Jack L. Goldsmith)
  
• Custom's Future: International Law in a Changing World (Cambridge University Press, 2016) (editor)
  
• International Law in the U.S. Legal System (Oxford University Press, 2d ed. 2015)
  

Articles and Essays

• The Irrepressible Functionalism in U.S. Foreign Relations Law, in Foreign Relations Law (Curtis A. Bradley ed., 2019)
  
• U.S. War Powers and the Potential Benefits of Comparativism, in Oxford Handbook of Comparative Foreign Relations Law 753-770 (Curtis A. Bradley ed., 2019)
  
• What is Foreign Relations Law?, in Oxford Handbook of Comparative Foreign Relations Law 3-20 (Curtis A. Bradley ed., 2019)
  
• Exiting Congressional-Executive Agreements, 67 Duke Law Journal 1615-1645 (2018)
  
• Presidential Control Over International Law, 131 Harvard Law Review 1201-1297 (2018) (with Jack Landman Goldsmith III)
  
• Treaty Exit in the United States: Insights from the United Kingdom or South Africa?, 111 AJIL Unbound 428-433 (2017) (with Laurence R. Helfer)
  
• Historical Gloss, Constitutional Conventions, and the Judicial Separation of Powers, 105 Georgetown Law Journal 255-322 (2017) (with Neil S. Siegel)
  
• Doing Gloss, 84 Chicago Law Review 59-80 (2017)
  
• Customary International Law Adjudication as Common Law Adjudication, in Custom's Future: International Law in a Changing World 34-61 (Curtis A. Bradley ed., 2016)
  
• Obama's AUMF Legacy, 110 American Journal of International Law 628-645 (2016) (with Jack Goldsmith)
  
• Presidential War Powers as a Two-Level Dynamic: International Law, Domestic Law, and Practice-Based Legal Change, 91 New York University Law Review 689-761 (2016) (with Jean Galbraith)
  
• The Supreme Court as a Filter Between International Law and American Constitutionalism, 104 California Law Review 1567-1578 (2016)
  
• After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession, Supreme Court Review 1-70 (2015) (with Neil Siegel)
  
• Agora: Reflections on Zivotofsky v. Kerry: Historical Gloss, the Recognition Power, and Judicial Review, 109 AJIL Unbound 2-9 (2015)
  
• Constructed Constraint and the Constitutional Text, 64 Duke Law Journal 1213-1294 (2015) (with Neil Siegel)
  
• Foreign Relations Law and the Purported Shift Away from "Exceptionalism", 128 Harvard Law Review Forum 294-304 (2015)
  
• Introduction to Agora: Reflections on Zivotofsky v. Kerry, 109 AJIL Unbound 1 (2015) (with Carlos M. Vazquez)
  

Newspaper Articles and Commentary

• Constitutional Issues Relating to the NATO Support Act, Lawfare (January 28, 2019) (with Jack Goldsmith)
  
• Executive Agreements: International Lawmaking Without Accountability?, Lawfare (January 09, 2019) (cross-posted on Just Security) (with others)
  
• The Death of Article II Treaties?, Lawfare (December 13, 2018) (cross-posted on Just Security) (with others)
  
• OLC’s Meaningless 'National Interests' Test for the Legality of Presidential Uses of Force, Lawfare (June 05, 2018) (with Jack Goldsmith)
  
• Judicial and Media Independence After the Next Attack, Lawfare (February 09, 2017) (with Neil Siegel)
  
• The Brexit Decision and Its Implications for U.S. Debates Over Treaty Withdrawal, Lawfare (January 24, 2017) (with Laurence Helfer)
  
• 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)
  

• A Sovereign's Cost of Capital: Go Foreign or Stay Local (June 21, 2016) (with others)
  
• Pricing Sovereign Debt: Discretion v. Expropriation (February 23, 2016) (with others)
  

Articles and Essays

• WTO Dispute Settlement: Can We Go Back Again?, 113 AJIL Unbound 61-66 (2019)
  
• Building Multilateral Anticorruption Enforcement: Analogies between International Trade & Anti-Bribery Law, 57 Virginia Journal of International Law 221-262 (2018) (with Chrstine Dryden)
  
• Exit from Trade Agreements: A Reputational Analysis of Cooperation and Fairness, 21 Journal of International Economic Law 379-393 (2018)
  
• Introduction to the Proceedings of the Seminar on Corporations and International Law, 28 Duke Journal of Comparative & International Law 413-423 (2018)
  
• The Trump Administration and the Future of the WTO, 44 Yale Journal of International Law Online (2018)
  
• Enforcing the FCPA: International Resonance and Domestic Strategy, 103 Virginia Law Review 1611-1682 (2017)
  
• The Effectiveness of International Law and Stages of Governance, in Research Handbook on the Politics of International Law 55-78 (Wayne Sandholtz & Christopher A. Whytock eds., 2017)
  
• The Market for Global Anticorruption Enforcement, 80 Law & Contemporary Problems 193-214 (No. 1 2017) (with Samuel W. Buell)
  
• US-Cool Retaliation: The WTO's Article 22.6 Arbitration, 16 World Trade Review 371-394 (2017) (with Chad P. Bown)
  
• Trade in Environmental Goods: A Review of the WTO Appellate Body's Rule in US--Countervailing Measures, 15 World Trade Review 327-349 (2016) (with others)
  

• Fraud, in Palgrave Handbook of Applied Ethics and Criminal Law (L. Alexander & K. Ferzan eds. , forthcoming)
  
• The Political and Professional Economies of U.S. Global Criminal Enforcement, in Oxford Handbook of International Economic Governance and Market Regulation (E. Brousseau, J-M. Glachant & J. Sgärd eds., forthcoming)
  
• The Responsibility Gap in Corporate Crime, Criminal Law & Philosophy (forthcoming)
  

Books

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

Articles and Essays

• Criminally Bad Management, in Research Handbook on Corporate Crime and Financial Misdealing 59-86 (Jennifer Arlen, 2018)
  
• Why Do Prosecutors Say Anything? The Case of Corporate Crime, 96 North Carolina Law Review 823-858 (2018)
  
• The Market for Global Anticorruption Enforcement, 80 Law & Contemporary Problems 193-214 (No. 1 2017) (with Rachel Brewster)
  
• Culpability and Modern Crime, 103 Georgetown Law Journal 548-603 (2015)
  

Newspaper Articles and Commentary

• Trump’s Mueller Interview Endgame, Slate (January 29, 2018) (with Lisa Kern Griffin )
  
• 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

• Exemplary Legal Writing 2018: Five Recommendations, 2019 Green Bag Almanac & Reader 248-251 (2019) (with Casandra Laskowski)
  
• Exemplary Legal Writing 2016: Books Selected by our Respectable Authorities: Five Recommendations, 7 Journal of Law 176-178 (2017)
  
• Exemplary Law Books of 2015: Five Recommendations, 6 Journal of Law 138-140 (2016)
  
• The Quintessential Law Library and Librarian in a Digital Era, 20 Green Bag 2d 7-11 (Autumn 2016)
  
• Library Director as Change Agent: Analysis Two, Implementing Change in Difficult Times, in Academic Law Library Director Perspectives: Case Studies and Insights 283-293 (Michelle M. Wu ed., 2015)
  

Books

• A Lucky Lawyer's Life (2017)
  

Articles and Essays

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

Books

• Election Law in the American Political System (Wolters Kluwer, 2018) (with James A. Gardner)
  
• Racial Justice and Law Cases and Materials (Foundation Press, 2016) (with others)
  

Articles and Essays

• Judicial Intervention As Judicial Restraint, 132 Harvard Law Review 236-275 (2018) (with Luis E. Fuentes-Rohwer)
  
• Patriotic Philanthropy? Financing the State with Gifts to Government, 106 California Law Review 1129-1193 (2018) (with Margaret H. Lemos)
  
• Public Programs, Private Financing, 81 Law and Contemporary Problems 137-160 (2018) (with Margaret H. Lemos)
  
• Race and Representation Revisited: The New Racial Gerrymandering Cases and Section 2 of the VRA, 59 William & Mary Law Review 1559-1600 (April 2018) (with Luis Fuentes-Rohwer)
  
• 'Reynolds' Revisited, in Election Law Stories 21-61 (Joshua A. Douglas & Eugene D. Mazo eds., 2016) (with Luis Fuentes-Rohwer)
  
• Foreword, 79 Law and Contemporary Problems 1-3 (2016) (with others)
  
• Foreword: Reflections on Our Founding, 20 Michigan Journal of Race & Law 245-253 (Spring 2015) (with Luis Fuentes-Rohwer)
  
• Habermas, the Public Sphere, and the Creation of a Racial Counterpublic, 21 Michigan Journal of Race & Law 1-21 (Fall 2015) (with Luis Fuentes-Rohwer)
  
• Race, Federalism, and Voting Rights, 2015 University of Chicago Legal Forum 113-152 (with Luis E. Fuentes-Rohwer)
  
• Reynolds Reconsidered, 67 Alabama Law Review 485-535 (2015) (with Luis E. Fuentes-Rohwer)
  
• The Voting Rights Act in Winter: The Death of a Superstatute, 100 Iowa Law Review 1389-1439 (2015) (with Luis E. Fuentes-Rohwer)
  

Newspaper Articles and Commentary

• Symposium: Precedent Dictates a Win for the Plaintiffs in This Term’s Partisan-Gerrymandering Cases, SCOTUSblog (February 07, 2019) (with Luis E. Fuentes-Rohwer)
  
• 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)
  

Books

• Advanced Torts: Cases and Materials (West Publishing, 3rd ed. 2018) (with Joseph Sanders)
  

Articles and Essays

• Some Reasons Courts Have Become Active Participants in the Search for Ultimate Moral and Political Truth, in Le Droit Comparé et...[Comparative Law and...] 315-321 (Alexis Albanian & Olivier Moreteau eds., 2015)
  
• The Uneasy and Often Unhelpful Interaction of Tort Law and Constitutional Law in First Amendment Litigation, 98 Marquette Law Review 1003-1034 (2015)
  

Books

• Torts: Doctrine and Process (Duke University Press, 2016, 2017) (with Donald H. Beskind)
  

Issues Edited

• Sex in Sport, 80 Law & Contemporary Problems (No. 4, 2018) (with Kimberly D. Krawiec)
  

Articles and Essays

• Sex in Sport, 80 Law & Contemporary Problems 63-126 (2018)
  
• Religiously-Motivated Medical Neglect: A Response to Professors Levine, Jacobs, and Arora, Washington & Lee Law Review Online 359-386 (2016)
  

Newspaper Articles and Commentary

• A Victory for Female Athletes Everywhere, Quillette (May 03, 2019)
  

Articles and Essays

• One Way or Another the Death Penalty Will Be Abolished, but Only After the Public No Longer Has Confidence in Its Use, 13 Duke Journal of Constitutional Law & Public Policy 15-24 (2018)
  
• The Persistence of Discrimination in Jury Selection: Lessons from North Carolina and Beyond, 42 Champion (2018)
  
• Diffusion of Knowledge: The Ignored Goal of Public Education, 8 Duke Forum for Law & Social Change 45-58 (2016)
  
• Brief for Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. December 2015) (with others)
  

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)
  

• The Paradox of Delaware's 'Tools at Hand' Doctrine: An Empirical Investigation (March 18, 2019) (with others)
  
• Understanding the (Ir)Relevance of Shareholder Votes on M&A Deals (February 06, 2019) (with others)
  
• Addressing Agency Costs Through Private Litigation in the U.S.: Tensions, Disappointments, and Substitutes (September 02, 2015) (with Randall S. Thomas)
  

Books

• Securities Regulation: Cases and Materials (Aspen Law & Business, Wolters Kluwer 2013-, 8th ed. 2017) (with Robert W. Hillman & Donald C. Langevoort)
  
• Business Organizations Law (West, 4th ed. 2016) (Hornbook Series) (with Thomas Lee Hazen)
  

Issues Edited

• The Administrative Law of Financial Regulations, 78 Law & Contemporary Problems (No. 3, 2015) (with Steven L. Schwarcz)
  

Articles and Essays

• Delaware's Retreat: Exploring Developing Fissures and Tectonic Shifts in Delaware Corporate Law, 42 Delaware Journal of Corporate Law 323-389 (2018) (with Randall S. Thomas)
  
• Financial Reporting Fraud and Other Forms of Misconduct: A Multidisciplinary Review of the Literature, 23 Review of Accounting Studies 732-783 (2018) (with others)
  
• Seeking an Objective for Regulating Insider Trading Through Texas Gulf Sulphur, 71 SMU Law Review 697-711 (2018)
  
• Brief of Professors at Law and Business Schools As Amicus Curiae in Support of Respondents, Leidos, Inc. v. Indiana Public Retirement System, No. 16-581 (U.S. Sept. 7, 2017) (with others)
  
• Corporate Darwinism: Disciplining Managers in a World with Weak Shareholder Litigation, 95 North Carolina Law Review 19-66 (2016) (with Randall S. Thomas)
  
• How Understanding the Nature of Corporate Norms Can Prevent Their Destruction by Settlements, 66 Duke Law Journal 501-534 (2016)
  
• Quieting the Shareholders' Voice: Empirical Evidence of Pervasive Bundling in Proxy Solicitations, 89 Southern California Law Review 1175-1238 (2016) (with others)
  
• "We're Cool" Statements After Obamacare: Securities Fraud Suits for Failures to Comply with the Law, 68 SMU Law Review 716-726 (2015)
  
• Brief of Corporate Law Professors as Amici Curie in Support of Respondents, Friedrichs v. California Teachers Ass'n No. 14-915 (U.S. Nov. 2015) (with others)
  
• Corporate Law and the Limits of Private Ordering, 93 Washington University Law Review 257-292 (2015)
  
• Foreword, 78 Law & Contemporary Problems i-v (2015) (with Steven L. Schwarcz)
  
• Iterative Regulation of Securities Markets After Business Roundtable: A Principles-Based Approach, 78 Law & Contemporary Problems 25-45 (2015)
  
• Tweaking Governance for Small Companies after Dodd-Frank, in Perspectives in Financing Innovation 247-254 (James E. Daily et al eds., 2015)
  
• Whose Law Is It? Battling Over Turf in Shareholder Litigation, in Research Handbook on Shareholder Power 333-349 (Jennifer G. Hill & Randall S. Thomas, 2015)
  

Books

• Strategy Beyond Markets (Emerald, 2016) (Advances in Strategic Management v. 34) (editor with others)
  

Articles and Essays

• Are Recessions Good for Government Hires? The Effect of Unemployment on Public Sector Human Capital, 170 Economics Letters 1-5 (2018) (with Congshan Zhang)
  
• Providing Access to Confidential Research Data Through Synthesis and Verification: An Application to Data on Employees of the U.S. Federal Government, 12 The Annals of Applied Statistics 1124-1156 (2018) (with others)
  
• Public Contracting for Private Innovation: Government Capabilities, Decision Rights, and Performance Outcomes, 40 Strategic Management Journal 533-555 (2018) (with others)
  
• Democratic Rulemaking, in Oxford Handbook of Law & Economics: Public Law and Legal Institutions 37-58 (Francesco Parisi ed., 2017) (with Edward H. Stiglitz)
  
• Signing Statements and Presidentializing Legislative History, 69 Administrative Law Review 841-868 (2017) (with Edward H. Stiglitz)
  
• Elections, Ideology, and Turnover in the U.S. Federal Government (National Bureau of Economic Research, Working Paper No. 22932, December 2016)
  
• Public Sector Personnel Economics: Wages, Promotions, and the Competence-Control Trade-off (National Bureau of Economic Research, Working Paper No. 22966, December 2016)
  
• Quitting in Protest: A Theory of Presidential Policy Making and Agency Response (2015) (with others)
  

Newspaper Articles and Commentary

• Will Federal Employees Work for a President They Disagree With?, Harvard Business Review (February 10, 2017) (with others)
  

• Debt Financing, in Encyclopedia of Law and Economics: Corporate Law and Economics (A. Badawi ed., forthcoming)
  
• Is there a First-Drafter Advantage in M&A? , 107 California Law Review (forthcoming) (with A. Badawi)
  

• Contractual Complexity in Debt Agreements: The Case of EBITDA (August 01, 2019)
  
• Market Information and the Elite Law Firm (April 04, 2017)
  

Articles and Essays

• Private Equity’s Governance Advantage: A Requiem, 99 Boston University Law Review 1095-1122 (2019)
  
• The Sovereign-Debt Listing Puzzle, 71 Oxford Economic Papers 472-495 (2019) (with others)
  
• Individual Autonomy in Corporate Law, 8 Harvard Business Law Review 183-225 (2018)
  
• Pricing Sovereign Debt: Foreign Versus Local Parameters, 24 European Financial Management 261-297 (2018) (with others)
  
• The Myth of the Ideal Investor, 41 Seattle University Law Review 425-447 (2018)
  
• The Deregulation of Private Capital and the Decline of the Public Company, 68 Hastings Law Journal 445-502 (2017)
  
• Agency Costs in Law-Firm Selection: Are Companies Under-Spending on Counsel?, 11 Capital Markets Law Journal 486-509 (2016)
  
• Law Firm Selection and the Value of Transactional Lawyering, 41 Journal of Corporation Law 393-430 (2015)
  

Newspaper Articles and Commentary

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

Articles and Essays

• Constitutionality of a National Wealth Tax, 93 Indiana Law Journal 111-137 (2018) (with Dawn Johnsen)
  
• Brief for Professor Walter Dellinger as Amicus Curiae in Support of Petitioners, U.S. v. Texas, No. 15-674 (U.S. March 2016)
  

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)
  
• Should We Be Able to Indict a Sitting President? Consider Spiro Agnew, The Washington Post (December 16, 2018)
  
• Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General, Just Security (November 15, 2018) (with Marty Lederman)
  
• Trump Wants to Trash a Fundamental American Principle, The Washington Post (October 31, 2018)
  
• Reading James Baldwin on a Segregated Southern Construction Site, Washington Post (February 24, 2017)
  
• 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)
  

Books

• Shareholder Derivative Actions: Law and Practice (West Publishing, 2016)   (Annual Supplements 1988-2002, comprehensive integration 2003-2004, 2004-2010, 2011-2012 to 2017-2018) (excerpted in R. Hamilton, Corporations Including Partnerships and Limited Partnerships (1990))
  

Articles and Essays

• Fiduciary Principles in Agency Law, in The Oxford Handbook of Fiduciary Law 23-40 (Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, eds., 2019)
  
• Culpable Participation in Fiduciary Breach, in Research Handbook on Fiduciary Law 218-237 (D. Gordon Smith & Andrew S. Gold eds., 2018)
  
• Fiduciary Contours: Perspectives on Mutual Funds and Private Funds, in Research Handbook on the Regulation of Mutual Funds 57-78 (William A. Birdthistle & John D. Morley eds., 2018)
  
• Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach, in Equity, Trusts and Commerce 253-274 (Paul S. Davies & James E. Penner eds., 2017)
  
• Corporate Officers as Agents, 74 Washington & Lee Law Review 847-879 (2017)
  
• Defining Agency and Its Scope (II), in Comparative Contract Law: British and American Perspectives 396-413 (Larry A. DiMatteo & Martin Hogg eds., 2016)
  
• Fiduciary Breach, Once Removed, 94 Texas Law Review See Also 238-249 (2016)
  
• Reply to Laura Macgregor, "Defining Agency and Its Scope (I)", in Comparative Contract Law: British and American Perspectives 414-417 (Larry A. DiMatteo & Martin Hogg eds., 2016)
  
• The Poseur as Agent, in Agency Law in Commercial Practice 35-54 (Danny Busch et al. eds., 2016)
  
• Agency in the Alternatives: Common-law Perspectives on Binding the Firm, in Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations 81-96 (Robert W. Hillman & Mark J. Loewenstein eds., 2015)
  
• Financial Advisors and Tangled Loyalties--the Case of In re Rural Metro, 89 Australian Law Journal 540 (2015)
  
• Forum-Selection Bylaws Refracted Through an Agency Lens, 57 Arizona Law Review 269-297 (2015)
  
• Relationships of Trust and Confidence in the Workplace, 100 Cornell Law Review 1255-1280 (2015)
  

Articles and Essays

• Booksplat: A Misfire on the Use of Force by Western Democracies, 21 Journal of Genocide Research 280-288 (2019) (reviewing Bruce Cronin, Bugsplat: The Politics of Collateral Damage in Western Armed Conflicts (2018)
  
• Targeting of Persons: The Contemporary Challenges, 51 Vanderbilt Journal of Transnational Law 887-900 (2018)
  
• "Cybervandalism" or "Digital Act of War?" America's Muddled Approach to Cyber Incidents Will Not Deter More Crises, 42 North Carolina Journal of International Law 989-1012 (2017)
  
• Lawfare 101: A Primer, 97 Military Law Review 8-17 (May-June 2017)
  
• Social Justice and Silicon Valley: A Perspective on the Apple-FBI Case and the “Going Dark” Debate, 49 Connecticut Law review 1685-1702 (2017)
  
• Why Ethics Matter, in Ethics Under Fire: Challenges for the Australian Army (2017)
  
• American Military Culture and Civil-Military Relations Today, Lawfare (2016) (reviewing Rosa Brooks, How Everything Became War and the Military Became Everything: Tales from the Pentagon (2016))
  
• Why Declarations of War Matter, Harvard Law School National Security Journal (2016)
  
• Accountability and Autonomous Weapons: Much Ado About Nothing?, 30 Temple International & Comparative Law Journal 63-76 (2016)
  
• Military Justice, in American Governance 269-270 (Stephen Schechter et al. eds., 2016)
  
• No Good Options Against ISIS Barbarism? Human Shields in 21st Century Conflicts, 110 AJIL Unbound 311-316 (January 2016)
  
• Preface, in Targeting: The Challenges of Modern Warfare (Paul Ducheine et al. eds, , 2016)
  
• The DoD Law of War Manual and its Critics: Some Observations, 92 International Law Studies 85-118 (2016)
  
• A Techno-Thriller That's Not Just for the Beach in August, Lawfare Blog (2015) (reviewing Peter W. Singer & August Cole, Ghost Fleet: A Novel of the Next World War (2015))
  
• Book Review, 44 Parameters 187-189 (2015) (reviewing From Above: War, Violence, and Verticality (Adey et al eds., 2014))
  
• Foreword, in The War on Terror and the Laws of War: A Military Perspective (Michael W. Lewis & Geoffrey S. Corn eds,, 2015)
  
• Lawfare, in National Security Law & Policy (John Norton Moore et al. eds., 2015)
  
• Tightrope Act: Can New FISA Court Reforms Address Privacy Concerns Without Impeding Anti-Terrorism Efforts?, 99 Judicature (No. 2 2015)
  

Newspaper Articles and Commentary

• 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)
  
• A Qualified Defense of Matthew Whitaker, Lawfare (November 19, 2018)
  
• Let’s Temper the Rhetoric About Civil-Military Relations, Small Wars Journal (May 13, 2018)
  
• Yes, There are Plausible Legal Rationales for the Syria Strikes, Lawfare (April 19, 2018)
  
• No, Ceasefires and Armistices Are Not “Outmoded”, Just Security (January 22, 2018)
  
• Trump's Cabinet of Ex-Generals will Help Keep Him Out of Wars, Not Push Him Into One, Vox (December 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)
  
• Legally Speaking, the NATO Treaty Does Not Require the U.S. to "Automatically" Use Force to Defend Allies, Small Wars Journal (July 21, 2016)
  
• Brexit and National Security? Keep Calm and Carry On, Lawfare (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)
  

• Designing Business Forms to Pursue Social Goals, Virginia Law Review (forthcoming)
  
• Regulatory Competition and the Market for Corporate Law, American Economic Journal: Microeconomics (forthcoming) (with Lorenzo Magnolfi)
  

• Common Ownership and Startup Growth (June 18, 2019) (with others)
  
• The Organization of Social Enterprises: Transacting Versus Giving (July 21, 2018)
  

Articles and Essays

• The Enduring Distinction Between Business Entities and Security Interests, 92 Southern California Law Review 213-271 (2019) (with Andrew Verstein)
  
• Can Lax Corporate Law Increase Shareholder Value? Evidence from Nevada, 61 Journal of Law and Economics 555-605 (2018)
  
• Will Delaware Be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue, 104 Cornell Law Review 101-164 (2018) (with Neel U. Sukhatme)
  
• The Role of Social Enterprise and Hybrid Organizations, 2017 Columbia Business Law Review 92-194
  

• Immigration Detention: Manipulating Risk in the Obama Era (July 25, 2019) (with Robert Koulish)
  

Articles and Essays

• Immigration Detainers, Local Discretion, and State Law’s Historical Constraints, 84 Brooklyn Law Review 1085-1140 (2019)
  
• Drawing Lines Among the Persecuted, 101 Minnesota Law Review 453-540 (2016)
  

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

Articles and Essays

• Ethical Guidelines for DNA Testing in Migrant Family Reunification, 19 American Journal of Bioethics 4-7 (2019) (with others)
  
• Neuroscience and the Criminal Justice System, 2 Annual Review of Criminology 451-471 (2019) (with Henry T. Greely)
  
• Human by Design: An Ethical Framework for Human Augmentation, 36 IEEE Technology and Society Magazine 32-36 (2017) (with others)
  
• 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

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

Articles and Essays

• Introduction: Can International Trade Law Recover?, 113 AJIL Unbound 38-39 (2019) (with Sergio Puig)
  

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

Newspaper Articles and Commentary

• The Power of the Blitz, Medium (February 06, 2017)
  
• Why (Crowd) Size Matters, Medium (January 30, 2017)
  

• Do Patent Lawsuits Target Invalid Patents, in Selection and Decision in the Judicial Process Around the World: Empirical Inquiries (Yun-chien Chang, forthcoming) (with Melissa F. Wasserman)
  
• Empirical Scholarship on the Prosecution Process at the U.S. Patent Office, in Research Handbook on Economics of Intellectual Property Law (Peter S. Menell & David L. Schwartz eds., forthcoming) (with Melissa Wasserman)
  

• Defensive Medicine: Evidence from Military Immunity (January 01, 2017) (with Jonathan Gruber & Tracey Koehlmoos)
  
• Procrastination in the Workplace: Evidence from the U.S. Patent Office (December 20, 2016)
  
• 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

• Irrational Ignorance at the Patent Office, 72 Vanderbilt Law Review 975-1030 (2019) (with Melissa F. Wasserman)
  
• Review of Neurosurgery Medical Professional Liability Claims in the United States, 83 Neurosurgery 997-1006 (2018) (with others)
  
• Decreasing the Patent Office’s Incentives to Grant Invalid Patents, Hamilton Project, Policy Proposal 2017-17 (2017) (with Melissa F. Wasserman)
  
• Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws, 36 Health Affairs 1041-1047 (2017) (with others)
  
• The Effect of Malpractice Law on Physician Supply: Evidence from Negligence-Standard Reforms (NBER Working Paper No.23446, May 2017) (with Melissa F. Wasserman)
  
• Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents? Evidence from Microlevel Application Data , 99 Review of Economics and Statistics 550-563 (2017) (with Melissa Wasserman)
  
• Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office (NBER Working Paper No. 24159, December 2017) (with Melissa F. Wasserman)
  
• The Economics of Healthcare Rationing, in The Oxford Handbook of U.S. Health Law 914-933 (I. Glenn Cohen et al. eds., 2017) (with others)
  
• Does Medical Malpractice Law Improve Health Care Quality?, 143 Journal of Public Economics 142-158 (November 2016) (with Anupam B. Jena)
  
• Patent Office Cohorts, 65 Duke Law Journal 1601-1655 (2016) (with Melissa Wasserman)
  
• Do Physicians Respond to Liability Standards?, 171 Journal of Institutional & Theoretical Economics 58-77 (2015) (with others)
  
• Does the U.S. Patent and Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment, 67 Stanford Law Review 613-676 (2015) (with Melissa Wasserman)
  
• The Effect of Statutory Rape Laws on Teen Birth Rates, 17 American Law & Economics Review 409-461 (2015) (with Matthew C. Harding)
  
• The Surprising Relevance of Medical Malpractice Law, 82 University of Chicago Law Review 317-391 (2015)
  

• Self-Policing: Dissemination and Adoption of Police Eyewitness Policies in Virginia, Virginia Law Review Online (forthcoming)
  
• Board Compliance, Minnesota Law Review (forthcoming) (with others)
  
• Declining Corporate Prosecutions, American Criminal Law Review (forthcoming)
  
• Federal Criminal Risk Assessment, Cardozo Law Review (forthcoming)
  
• Judging Risk, California Law Review (forthcoming) (with John Monahan)
  
• Judging the Use of Risk Assessment in Sentencing, Judicature (forthcoming) (with John Monahan)
  
• Juvenile Life Without Parole in North Carolina, Journal of Criminal Law and Criminology (forthcoming) (with others)
  
• Prosecution Post-Conviction, in Handbook on Prosecutors (Ron Wright, ed., forthcoming)
  
• Wealth, Equal Protection, and Due Process, William & Mary Law Review (forthcoming)
  
• Innocence and the Global Death Penalty, in Comparative Capital Punishment (Carol Steiker and Jordan Steiker, eds., forthcoming)
  
• Local Evidence in Constitutional Interpretation, Cornell Law Review (forthcoming)
  

• Driver's License Suspension in North Carolina (March 19, 2019) (with William Crozier)
  
• Factoring the Role of Eyewitness Evidence in the Courtroom (January 01, 2019) (with others)
  
• Likelihood Ratios, Error Rates, and Jury Evaluation of Forensic Evidence (January 01, 2019) (with Rebecca Grady)
  
• The Influence of Judicial Instructions Regarding Eyewitness Testimony on Jurors (January 01, 2019) (with others)
  
• Do Heads Roll? An Empirical Analysis of CEO Turnover and Pay When the Corporation is Federally Prosecuted (March 25, 2018) (with others)
  

Books

• The Death Penalty (Foundation Press, 2018) (Concepts and Insights Series) (with Lee B. Kovarsky)
  
• End of its Rope: How Killing the Death Penalty Can Revive Criminal Justice (Harvard University Press, 2017)
  

Articles and Essays

• International Corporate Prosecutions, in The Oxford Handbook of Criminal Process 419-436 (Darryl K. Brown, Jenia I. Turner, Bettina Weisser, eds., 2019)
  
• Judicial Reliance on Risk Assessment in Sentencing Drug and Property Offenders, 46 Criminal Justice and Behavior 799-810 (2019) (with others)
  
• Risk and Resources: A Qualitative Perspective on Low-Level Sentencing in Virginia, 47 Journal of Community Psychology 1476-1492 (2019) (with others)
  
• The Impact of Proficiency Testing Information and Error Aversions on the Weight Given to Fingerprint Evidence, 37 Behavioral Sciences & the Law 195-210 (2019) (with Gregory Mitchell)
  
• The State of the Death Penalty, 94 Notre Dame Law Review 1255-1312 (2019) (with Ankur Desai)
  
• A Pioneer in Forensic Science Reform: The Work of Paul Giannelli, 68 Case Western Law Review 681-684 (2018)
  
• Comparing Categorical and Probabilistic Fingerprint Evidence, 63 Journal of Forensic Sciences 1712-1717 (2018) (with others)
  
• Evidence-Informed Criminal Justice, 86 George Washington Law Review 1490-1524 (2018)
  
• Individual and Corporate Criminals, in Research Handbook on Corporate Crime and Financial Misdealing (Jennifer Arlen ed., 2018)
  
• Introduction: Forensics Fail, 102 Judicature 15-17 (2018)
  
• Introduction: Symposium on Forensics, Statistics, and Law, 6 Virginia Journal of Criminal Law 1-7 (2018)
  
• Judging Appraisals of Risk Assessment in Sentencing, 36 Behavioral Sciences & the Law 565-575 (2018) (with others)
  
• Resolving Latent Conflict: What Happens When Latent Print Examiners Enter the Cage?, 289 Forensic Science International 215-222 (2018) (with others)
  
• The Myth of the Reliability Test, 86 Fordham Law Review 1559-1599 (2018) (with M. Chris Fabricant)
  
• The Proficiency of Experts, 166 University of Pennsylvania Law Review 901-960 (2018) (with Gregory Mitchell)
  
• The Reliable Application of Fingerprint Evidence, 66 UCLA Law Review Discourse 64-79 (2018)
  
• Unconstitutionally Illegitimate Discrimination, 104 Virginia Law Review 1471-1528 (2018)
  
• A Tactical Fourth Amendment, 103 Virginia Law Review 211-307 (2017) (with Seth Stoughton)
  
• Actual Innocence and Wrongful Convictions, in Reforming Criminal Justice Volume 3: Pretrial and Trial Processes (Erick Luna ed., 2017)
  
• Capital Jurors in an Era of Death Penalty Decline, 126 Yale Law Journal Forum 417-430 (2017) (with others)
  
• Constitutional Reasonableness, 102 Minnesota Law Review 61-126 (2017)
  
• Convicting the Innocent Redux, in Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Daniel S Medwed ed., 2017)
  
• Cumulative Constitutional Rights, 97 Boston University Law Review 1309-1355 (2017) (with Kerry Abrams)
  
• The American Death Penalty Decline, 107 Journal of Criminal Law and Criminology 561-642 (2017) (with others)
  
• The Boom and Bust of American Imprisonment, 96 Texas Law Review 163-179 (2017) (reviewing Eugene Soltes, Why They Do It: Inside the Mind of the White-Collar Criminal (2016), Samuel W. Buell, Capital Offenses: Business Crime and Punishment in America's Corporate Age (2016), and Darryl K. Brown, Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law (2016))
  
• The Constitutional Rights of Corporations in the United States, in Understanding the Company: Corporate Governance and Theory (Barnali Choudhury and Martin Petrin eds., 2017)
  
• The Crime Lab in the Age of the Genetic Panopticon, 115 Michigan Law Review 979-999 (2017) (reviewing Adam Benforado, Unfair: The New Science of Criminal Injustice (2015), Erin E. Murphy, Inside the Cell: The Dark Side of Forensic DNA (2015), and Sandra Guerra Thompson, Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories (2015))
  
• The Decline of the Virginia (and American) Death Penalty, 105 Georgetown Law Journal 661-729 (2017)
  
• The Global Evolution of Corporate Prosecutions, 11 Law and Financial Markets Review 55-60 (2017)
  
• The Public Interest in Corporate Settlements, 58 Boston College Law Review 1483-1543 (2017)
  
• The Rise of Corporate Prosecutions in America, in Lei Anticorrupção e Temas de Compliance (Jorge Munhós and Ronaldo Pinheiro de Queiroz eds., 2017)
  
• Towards an International Right to Claim Innocence, 105 California Law Review 1173-1221 (2017)
  
• Trials and Errors: Inside the Great Forensic-Science Boondoggle, 34 The Baffler (2017)
  
• Bad Hair: The Legal Response to Mass Forensic Errors, 42 Litigation 32-36 (Summer 2016)
  
• Blinding Eyewitness Identifications, in Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law (Christopher T. Robertson and Aaron S. Kesselheim eds., 2016)
  
• Causes of Wrongful Convictions and the Significance of the Innocence Movement, 34 Ritsumeikan ningen kagaku kenkyū 77-89 (2016)
  
• Defending Against Wrongful Convictions, Quarterly Keiji-Bengo 62 (2016)
  
• Forensics and Fallibility: Comparing the Views of Lawyers and Jurors, 119 West Virginia Law Review 621-637 (Winter 2016) (with Gregory Mitchell)
  
• In the Shadow of the Death Penalty, in Death Penalty and the Victims (Ivan Šimonović ed., 2016)
  
• Rare as Hens' Teeth: The New Geography of the American Death Penalty, 42 Human Rights 2-4,9 (2016)
  
• The Changing Face of Corporate Prosecutions, The Champion 48-51, 63 (2016)
  
• The Constitutional Regulation of Forensic Evidence, 73 Washington and Lee Law Review 1147-1187 (Summer 2016)
  
• The Metamorphosis of Corporate Criminal Prosecutions, 101 Virginia Law Review Online 60-72 (2016)
  
• The Myth of the Presumption of Innocence, 94 Texas Law Review See Also 178-187 (2016)
  
• The Rise of Bank Prosecutions, 126 Yale Law Journal Forum 33-56 (2016)
  
• Why Plea Bargains Are Not Confessions, 57 William & Mary Law Review 1415-1444 (2016)
  
• Constitutional Law and the Law of Evidence, 101 Cornell Law Review 57-122 (2015)
  
• Contaminated Confessions Revisited, 101 Virginia Law Review 395-454 (2015) (Translation in Chinese (forthcoming, Taiwan Law Review))
  
• DNA and Distrust, 91 Notre Dame Law Review 757-813 (2015) (with Kerry Abrams)
  
• Images of Injustice, in Punishment in Popular Culture (Charles J Ogletree and Austin Sarat eds., 2015)
  
• Interrogation Policies, 49 University of Richmond Law Review 895-919 (2015)
  
• The Corporate Criminal as Scapegoat, 101 Virginia Law Review 1789-1853 (2015) (Translation in French (30 Revue Internationale de Droit Économique 239 (2016), as Corporate Delinquents as Scapegoats))
  

• Invisible Inequality and the Law (in progress)
  
• The Collateral Consequences of Criminal Charges (in progress) (with Mathew D. McCubbins)
  

Articles and Essays

• A Theory of Poverty: Legal Immobility, 96 Washington University Law Review 753-801 (2019)
  
• The Rainy Day Earned Income Tax Credit: A Reform to Boost Financial Security by Helping Low-Wage Workers Build Emergency Savings , 4 RSF: The Russell Sage Foundation Journal of the Social Sciences 161-176 (Anti-Poverty Policy Initiatives for the United States 2018) (with others)
  
• Cracking the Code: An Empirical Analysis of Consumer Bankruptcy Outcomes, 101 Minnesota Law Review 1031-1098 (2017) (with Parina Patel & Katherine M. Porter)
  
• The Bootstrap Trap, 67 Duke Law Journal 233-311 (2017)
  
• Race, Class, and Access to Civil Justice, 101 Iowa Law Review 1234-1322 (2016)
  
• The Failed Reform: Congressional Crackdown on Repeat Chapter 13 Bankruptcy Filers, 89 American Bankruptcy Law Journal 241 (2015)
  

Newspaper Articles and Commentary

• Why African Americans don’t trust the courts, and why it matters, Marshall Project (February 11, 2016)
  
• Turning the EITC into an Emergency Savings Tool for Low-Wage Workers, The Hll (July 30, 2015) (with others)
  

• Lying and the Letter of the Law (January 01, 2018)
  
• Netflix Criminal Justice: Reclaiming Legal Empathy for Criminal Procedure (January 01, 2018)
  

Articles and Essays

• Honesty Without Truth: Lies, Accuracy, and the Criminal Justice Process, 104 Cornell Law Review Online (2018)
  
• State Incentives, Plea Bargaining Regulation, and the Failed Market for Indigent Defense, 80 Law & Contemporary Problems 83-105 (No. 1 2017)
  
• Brief of Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. June 2016) (with others)
  
• Criminal Adjudication, Error Correction, and Hindsight Blind Spots, 73 Washington & Lee Law Review 165-215 (2016)
  
• Silence, Confessions, and the New Accuracy Imperative, 65 Duke Law Journal 697-753 (2016)
  
• Brief for Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. December 2015) (with others)
  
• Barriers to Entry and Justice Ginsburg's Criminal Procedure Jurisprudence, in The Legacy of Ruth Bader Ginsburg 102-116 (Scott Dodson ed., 2015)
  

Newspaper Articles and Commentary

• Trump’s Mueller Interview Endgame, Slate (January 29, 2018) (with Samuel W. Buell)
  
• 'Making a Murderer' is About Justice, Not Truth, New York Times (January 12, 2016)
  

Articles and Essays

• The End of Intuition-Based High-Crime Areas, 107 California Law Review 345-404 (2019) (with Jeffrey Fagan)
  
• Strategic Publication, 92 Tulane Law Review 745-776 (2018)
  
• Project Safe Neighborhoods in Chicago: Looking Back a Decade Later, 107 Journal of Criminal Law & Criminology 131-159 (2017) (with Andrew V. Papachristos)
  
• The Fragile Promise of Open-File Discovery, 49 Connecticut Law Review 771-836 (2017)
  
• Effect of Private Police Services on Crime: A Geographic Regression Discontinuity Design, 179 Journal of the Royal Statistical Society:Series A 831-846 (2016) (with John M. MacDonald & Jonathan Klick)
  
• Decriminalizing Delinquency: The Effect of Raising the Age of Majority on Juvenile Recidivism, 44 Journal of Legal Studies 361-388 (2015) (with Charles Loeffler)
  
• Processed as an Adult: A Regression Discontinuity Estimate of the Crime Effects of Charging Juveniles as Adults, 52 Journal of Research in Crime & Delinquency 890-922 (2015) (with Charles Loeffler)
  
• Questioning Blackmun's Thesis: Does Uniformity in Sentencing Entail Unfairness?, 49 Law & Society Review 499-534 (2015)
  

• Contractual Arbitrage, in Oxford Handbook of Institutions of International Economic Governance and Market Regulation (Eric Brousseau, Jean-Michel Glachant, and Jérôme Sgard eds., forthcoming) (with others)
  
• The Hausmann-Gorky Effect, Journal of Business Ethics (forthcoming) (with Ugo Panizza)
  

• Nailing the Flag to the Mast – Promises of Super-Priority in Public Debt (August 05, 2019) (with others)
  
• When Governments Promise to Prioritize Public Debt: Do Markets Care? (April 13, 2019) (with others)
  
• Transferable Sovereignty (December 23, 2018) (with Joseph Blocher)
  
• Maduro Bonds (September 18, 2018) (with Ugo Panizza)
  
• Hidden Holdouts: Contract Arbitrageurs and the Pricing of Collective Rights (July 10, 2018) (with others)
  
• Paper Tigers: Or How Much Will Courts Protect Rights in a Financial Crisis? (June 11, 2018) (with Georg Vanberg)
  
• How Good Is the Public Data on Sovereign Bond Contracts? (May 21, 2018) (with others)
  
• Sovereign Bond Contracts: Flaws in the Public Data? (May 21, 2018) (with others)
  
• Should I Stay or Should I Go? The Gender Gap for SEC Attorneys (April 03, 2018) (with others)
  
• Financial Crises and Constitutional Compromise (September 06, 2017) (with Georg Vanberg)
  
• How to Restructure Venezuelan Debt (¿Cómo restructurar la deuda venezolana?) (July 21, 2017) (with Lee C. Buchheit)
  
• The Price of Law: The Case of the Eurozone's Collective Action Clauses (July 05, 2017) (with others)
  
• A Sovereign's Cost of Capital: Go Foreign or Stay Local (June 21, 2016) (with others)
  

Books

• Filling the Gaps in Governance: The Case of Europe (European University Institute, 2016) (editor with others)
  
• Acting White?: Rethinking Race in Post-Racial America (Oxford University Press, 2nd ed. 2015) (with Devon W. Carbado)
  

Issues Edited

• Judicial Institutions and Behavior, 82 Law & Contemporary Problems (No. 2, 2019) (with others)
  

Articles and Essays

• If Boilerplate Could Talk: The Work of Standard Terms in Sovereign Bond Contracts, 44 Law & Social Inquiry 617-646 (2019) (with others)
  
• Sovereign Debt Restructuring and U.S. Executive Power, 14 Capital Markets Law Journal 114-130 (2019) (with Lee C. Buchheit)
  
• The Sovereign-Debt Listing Puzzle, 71 Oxford Economic Papers 472-495 (2019) (with others)
  
• Cash America and the Structure of Bondholder Remedies, 13 Capital Markets Law Journal 570-586 (2018) (with Marcel Kahan)
  
• Deterring Holdout Creditors in a Restructuring of PDVSA Bonds and Promissory Notes, 13 Capital Markets Law Journal 148-151 (2018) (with Lee C. Buchheit)
  
• Evaluating Judges and Judicial Institutions: Reorienting the Perspective, 67 Duke Law Journal Online (2018) (with others)
  
• Pricing Sovereign Debt: Foreign Versus Local Parameters, 24 European Financial Management 261-297 (2018) (with others)
  
• Puerto Rico and the Right of Accession, 43 Yale Journal of International Law 229-271 (2018) (with Joseph Blocher)
  
• Sovereign Debt Restructuring in Europe, 9 Global Policy (Special Issue) S1, 65-69 (2018) (with Lee C. Buchheit)
  
• Talking Judges, 67 Duke Law Journal Online (2018) (with Jack Knight)
  
• Use of the Local Law Advantage in the Restructuring of European Sovereign Bonds, 3 University of Bologna Law Review 172-179 (2018) (with Lee C. Buchheit)
  
• Variation in Boilerplate: Rational Design or Random Mutation?, 20 American Law and Economics Review 1-45 (2018) (with others)
  
• What Does Puerto Rican Citizenship Mean for Puerto Rico's Legal Status?, 67 Duke Law Journal Online 122-132 (2018) (with Joseph Blocher)
  
• A Market for Sovereign Control, 66 Duke Law Journal 797-843 (2017) (with Joseph Blocher)
  
• Adjudicating Death: Professionals or Politicians?, 70 Vanderbilt Law Review 1709-1727 (2017) (with Stephen J. Choi)
  
• Custom in Our Courts: Reconciling Theory with Reality in the Debate About Erie Railroad and Customary International Law, 27 Duke Journal of Comparative & International Law 243-290 (2017) (with Nikki C. Gutierrez)
  
• Forced Secessions, 80 Law & Contemporary Problems 215-247 (No. 1 2017) (with Joseph Blocher)
  
• International Finance and Sovereign Debt, in Oxford Handbook of Law and Economics 482-500 (Francesco Parisi ed., 2017) (with W. Mark C. Weidemaier)
  
• Market Practice and the Evolution of Foreign Sovereign Immunity, Journal of Law & Social Inquiry (2017) (with Mark C. Weidmaier)
  
• Markets and Sovereignty, 54 Osgoode Hall Law Journal 465-490 (2017) (with Joseph Blocher)
  
• Puerto Rico and the Netherworld of Sovereign Debt Restructuring, 91 Southern California Law Review 133-162 (2017) (with Robert K. Rasmussen)
  
• Restructuring Sovereign Debt After NML v. Argentina, 12 Capital Markets Law Journal 224-238 (2017) (with Lee C. Buchheit)
  
• The Black Hole Problem in Commercial Boilerplate, 67 Duke Law Journal 1-77 (2017) (with others)
  
• The Puzzle of PDVSA Bond Pricing, 12 Capital Markets Law Journal 66-77 (2017) (with others)
  
• Courts of Good and Ill Repute: Garoupa & Ginsburg's Judicial Reputation: A Comparative Theory, 83 University of Chicago Law Review 1683-1715 (2016) (reviewing Nuno Garoupa & Tom Ginsburg, Judicial Reputation: A Comparative Theory (2015)) (with Tracy E. George)
  
• Can Greece be Expelled from the Eurozone? Toward a Default Rule of Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al eds., 2016) (with others)
  
• Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis, 48 Columbia Human Rights Law Review 53-111 (2016) (with Joseph Blocher)
  
• Customary International Law: How Do Courts Do It?, in Custom's Future: International Law in a Changing World (Curtis A. Bradley, ed., 2016) (with Stephen J. Choi)
  
• Discrimination by Customers, 102 Iowa Law Review 223-257 (2016) (with Katharine T. Bartlett)
  
• How Bayesian are Judges?, 16 Nevada Law Journal 1061-1084 (2016) (with others)
  
• Pricing Contract Terms in a Crisis: Venezuelan Bonds in 2016, 11 Capital Markets Law Journal 540-555 (2016) (with others)
  
• Talking One's Way Out of a Debt Crisis, in Filling the Gaps in Governance: The Case of Europe 37-44 (Franklin Allen et al. eds., 2016) (with Lee C. Buchheit)
  
• Targeted Subordination of Official Sector Debt, 31 Banking & Finance Law Review 371-376 (2016) (with Lee C. Buchheit)
  
• The Management of Staff by Federal Court of Appeals Judges, Vanderbilt Law Review 479-497 (2016) (with Richard A. Posner)
  
• The Pricing of Non-Price Terms in Sovereign Bonds: The Case of the Greek Guarantees, 1 Journal of Law, Finance, and Accounting 1-40 (2016) (with Stephen J. Choi)
  
• When Governments Write Contracts: Policy and Expertise in Sovereign Debt Markets, in Contractual Knowledge: One Hundred Years of Experimentation in Global Markets 92-117 (Grégoire Mallard & Jérôme Sgard eds., 2016) (with others)
  
• Evaluating the 2013 Euro CAC Experiment, in The New Financial Architecture of the Eurozone 123-136 (Franklin Allen et al eds., 2015) (with others)
  
• The Diversity Feedback Loop, in A Nation of Widening Opportunities: The Civil Rights Act at 50 119-143 (Ellen D. Katz & Samuel R. Bagenstos eds., 2015) (and in Chicago Legal Forum (2014)) (with others)
  
• The Relevance of Law to Sovereign Debt, 11 Annual Review of Law & Social Science 395-408 (2015) (with W. Mark Weiddemaier)
  
• The Role of Competence in Promotions from the Lower Federal Courts, 44 Journal of Legal Studies s107-s131 (January 2015) (with others)
  

Newspaper Articles and Commentary

• If Countries Won’t Take Refugees for Moral Reasons, Let’s Give Them Financial Incentives, Quartz (April 06, 2018) (with Joseph Blocher)
  
• 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)
  

Newspaper Articles and Commentary

• How Trumpism Can Bust the Medical Trusts: A populist war on health monopolies would unleash competition and give patients more choices, Wall Street Journal (March 03, 2017)
  
• How Trumpism Can Bust the Medical Trust, Wall Street Journal (March 01, 2017)
  

• Populism and International Human Rights Institutions: A Survival Guide, in Human Rights in a Time of Populism: Challenges and Responses (Gerald L. Neuman, forthcoming)
  
• Theorizing the Judicialization of International Relations, International Studies Quarterly (forthcoming) (with others)
  

• The Judicialization of International Relations (with Emilie Hafner-Burton & Karen J. Alter)
  

Books

• International Court Authority (Oxford University Press, 2018) (editor with others)
  
• The World Blind Union Guide to the Marrakesh Treaty: Facilitating Access to Books for Print-Disabled Individuals (Oxford University Press, 2017) (with others)
  
• Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice (Oxford University Press, 2017) (with Karen J. Alter)
  

Issues Edited

• The Variable Authority of International Courts, 79 Law & Contemporary Problems (No. 1, 2016) (co-editor with Karen J. Alter & Mikael Rask Madsen)
  

Articles and Essays

• Treaty Exit and Intra-Branch Conflict at the Interface of International and Domestic Law, in Oxford Handbook of Comparative Foreign Relations Law 355-372 (Curtis A. Bradley ed., 2019) (with )
  
• Conclusion: Context, Authority, Power, in International Court Authority 435-460 (Karen J. Alter, Laurence R. Helfer & Mikael Rask Madsen, 2018) (with others)
  
• How Context Shapes the Authority of International Courts, in International Court Authority 24-56 (Karen J. Alter, Laurence R. Helfer & Mikael Rask Madsen, 2018) (with others)
  
• Human Rights and Intellectual Property: Mapping an Evolving and Contested Relationship, in Oxford Handbook of Intellectual Property Law 117 (Rochelle C. Dreyfuss & Justine Pila eds., 2018)
  
• International Court Authority in a Complex World, in International Court Authority 3-23 (Karen J. Alter, Laurence R. Helfer & Mikael Rask Madsen, 2018) (with others)
  
• International Court Authority in Question: Introduction to Part III, in International Court Authority 365-373 (Karen J. Alter, Laurence R. Helfer & Mikael Rask Madsen, 2018) (with others)
  
• Subregional Courts in Africa: Litigating the Hybrid Right to Free Movement of Persons, 16 International Journal of Constitutional Law 235-253 (2018)
  
• The Andean Tribunal of Justice: From Washington Consensus to Regional Crisis, in International Court Authority 173-195 (Karen J. Alter, Laurence R. Helfer & Mikael Rask Madsen, 2018) (with Karen J. Alter)
  
• Treaty Exit in the United States: Insights from the United Kingdom or South Africa?, 111 AJIL Unbound 428-433 (2017) (with Curtis A. Bradley)
  
• Opposing International Justice: Kenya's Integrated Backlash Strategy Against the ICC, 17 International Criminal Law Review 1-46 (2017) (with Anne E. Showalter)
  
• Backlash Against International Courts in West, East, and Southern Africa: Causes and Consequences, 27 European Journal of International Law 293-328 (2016) (with others)
  
• Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al eds., 2016) (with others)
  
• Collective Management of Copyright and Human Rights: An Uneasy Alliance Revisited, in Collective Management of Copyright and Related Rights 81-108 (Daniel Gervais ed., 3d ed. 2016)
  
• Customary International Law: An Instrument Choice Perspective, 37 Michigan Journal of International Law 563-609 (2016) (with Ingrid Wuerth)
  
• How Context Shapes the Authority of International Courts, 79 Law & Contemporary Problems 1-36 (2016) (with Karen J. Alter & Mikael Rask Madsen)
  
• The Evolution of Codification: A Principal-Agent Theory of the International Law Commission's Influence, in Custom's Future: International Law in a Changing World (Curtis Bradley ed., 2016) (with Tim Meyer)
  
• Brief for Foreign and Comparative Law Experts Harold Hongju Koh et al. as Amici Curiae in Support of Petitioners, Obergefell v. Hodges, (U.S. Mar. 6, 2015) (Nos. 14-556, 14-562, 14-571, 14-574)
  
• Mapping the Interface Between Human Rights and Intellectual Property, in Research Handbook on Human Rights and Intellectual Property 6-15 (Christophe Geiger ed., 2015)
  
• Pharmaceutical Patents and the Human Right to Health: The Contested Evolution of the Transnational Legal Order on Access to Medicines, in Transnational Legal Orders 311-339 (Terence Halliday & Greg Shaffer eds., 2015)
  

Newspaper Articles and Commentary

• The Brexit Decision and Its Implications for U.S. Debates Over Treaty Withdrawal, Lawfare (January 24, 2017) (with Curtis Bradley)
  
• Avoiding a Rush to Exit -- Article 50 and the UK's Withdrawal from the EU, Opinio Juris (June 26, 2016)
  

Articles and Essays

• Walker Connor, 45 Nationalities papers 730-733 (2017)
  

Newspaper Articles and Commentary

• Interethnic Vote Pooling, Institutional Frailty, and the Malaysian Elections of 2018, I·CONnect: International Journal of Constitutional Law Blog (June 22, 2018)
  
• 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

• Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda, Just Security (July 09, 2019) (with others)
  
• What Happened in North Carolina: The State’s Role in U.S. Post-9/11 Rendition and Torture, Just Security (September 28, 2018) (with Aya Fujimura-Fanselow)
  
• Gina Haspel: Feminist Smokescreen, Not Choice, Just Security (May 09, 2018) (with Fionnuala Ní Aoláin )
  
• Gendering Counterterrorism: How to, and How Not to – Part II, Just Security (May 03, 2018) (with Fionnuala Ní Aoláin )
  
• Gendering Counterterrorism: How to, and How Not to – Part I, Just Security (May 01, 2018) (with Fionnuala Ní Aoláin )
  
• 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

• Theft! A History of Music (2017) (with others)
  
• Intellectual Property: Law & the Information Society Cases & Materials (Center for the Study of the Public Domain, 3d ed. 2016) (with James Boyle)
  

Articles and Essays

• Open Legal Educational Materials: The Frequently Asked Questions, 11 Washington Journal of Law, Technology & Arts 13-50 (2015) (with James Boyle)
  

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)
  

• Plessy v. Ferguson Reconsidered, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law (Bennett Capers et al. eds., forthcoming)
  

• DNA-Based Race Discrimination Under Title VII and GINA (in progress, with Jessica L. Roberts and D. Wendy Greene)
  

Articles and Essays

• A Different Class of Care: The Benefits Crisis and Low-Wage Workers, 66 American University Law Review 691-760 (2017)
  
• Aggressive Encounters and White Fragility: Deconstructing the Trope of the Angry Black Woman, 102 Iowa Law Review 2017-2069 (2017) (with Kimberly Jade Norwood)
  
• Low-Wage Workers and Employment Benefits in the United States: A Bleak Forecast, in Improving Workplace Quality: New Perspectives and Challenges for Worker Well-Being 93-115 (Roger Blanpain & Frank Hendrickx et al., eds., 2017)
  
• Foreword, 79 Law and Contemporary Problems 1-3 (2016) (with others)
  

Books

• Political Legitimacy (New York University Press, 2019) (NOMOS LXI) (editor with Melissa Schwartzberg)
  
• Privatization (NYU Press, 2019) (NOMOS LX) (editor with Melissa Schwartzberg)
  
• Compromise (NYU Press, 2018) (NOMOS LIX) (editor)
  
• Immigration, Emigration, and Migration (NYU Press, 2017) (NOMOS LVII) (editor)
  
• Wealth (NYU Press, 2017) (NOMOS LVIII) (editor with Melissa Schwartzberg)
  

Issues Edited

• Judicial Institutions and Behavior, 82 Law & Contemporary Problems (No. 2, 2019) (with others)
  

Articles and Essays

• Talking Judges, 67 Duke Law Journal Online (2018) (with Mitu Gulati)
  
• The Economic Analysis of Judicial Behavior, in Oxford Handbook of Judicial Behavior (Lee Epstein & Stefanie A. Lindquist eds., 2017) (with Lee Epstein)
  
• How Bayesian are Judges?, 16 Nevada Law Journal 1061-1084 (2016) (with others)
  
• Roundtable on Epistemic Democracy and Its Critics, 28 Critical Review 137-170 (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)
  

• Organ Entrepreneurs, in The Cambridge Handbook of Law and Entrepreneurship (D. Gordon Smith and Christine Hurt eds., forthcoming) (with Kieran Healy)
  

Books

• Policy Shock: Recalibrating Risk and Regulation After Oil Spills, Nuclear Accidents, and Financial Crises (Cambridge University Press, 2017) (editor with Edward Balleisen, Lori Bennear & Jonathan B. Wiener)
  

Issues Edited

• Altruism, Community, and Markets, 81 Law and Contemporary Problems (No. 3, 2018) (with others)
  
• Law and Markets, 80 Law & Contemporary Problems (No. 1, 2017) (with Joseph Blocher)
  

Articles and Essays

• Kidneys Without Money, 175 Journal of Institutional and Theoretical Economics 4-19 (2019)
  
• Does Contract Law Need Morality?, 9 William & Mary Business Law Review 435-448 (2018) (with Wenhao Liu)
  
• Foreword: Altruism, Community, and Markets, 81 Law and Contemporary Problems 1-8 (2018) (with others)
  
• If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don't We Allow Kidney Donors to Be Paid for Saving Lives?, 81 Law and Contemporary Problems 9-35 (2018) (with Philip J. Cook)
  
• If We Pay Football Players, Why Not Kidney Donors?, 41 Regulation 12-17 (2018) (with Philip J. Cook)
  
• Contract Development in a Matching Market: The Case of Kidney Exchange, 80 Law & Contemporary Problems 11-35 (No. 1 2017) (with others)
  
• Foreword: How to Think About Law and Markets, 80 Law & Contemporary Problems 1-9 (No. 1 2017) (with Joseph Blocher)
  
• Kidney Exchange to Overcome Financial Barriers to Kidney Transplantation, 17 American Journal of Transplantation 782-790 (2017) (with others)
  
• Repugnance Management and Transactions in the Body, 107 American Economic Review: Papers & Proceedings 1-5 (2017) (with Kieran Healy)
  
• 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)