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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.
Emilie K. Aguirre
Forthcoming
- Profiting from Prediction, California Law Review () (with others)
- Converging on Disclosure, Duke Law Journal Online () (with Veronica Root Martinez)
- Disrupting Venture Innovation, Journal of Corporation Law () (with Michael J. Burstein)
Works in Progress
- When Purpose Broadens: Employee Experiences of Organizational Transitions Toward Sustainability () (with others)
- Narrative Inversion: How Win-Win Framing and Measurement Shape Conflict Over Social Initiatives () (with Julie Yen)
- Guarding Purpose () (with Veronica Root Martinez)
Articles & Essays
- An Organizational Theory of Corporate Law, 50 Journal of Corporation Law 567-616 () (with others)
- The Hidden Cost of Venture Capital, 111 Iowa Law Review 63-115 ()
Aslihan Asil
Forthcoming
- Can Robinson-Patman Enforcement Be Pro-Consumer?, Business & Finance Law Review ()
- Rolling Up Labor: Private Equity, Antitrust, and Labor, Yale Law Journal Forum ()
Works in Progress
- Painful Bargaining: Evidence from Anesthesia Rollups () (with others)
- How Do Commercial Banks Leverage Market Power? () (with Jakub Kastl)
Articles & Essays
- Are Private Equity Funds Liable for Anticompetitive Acquisitions?, 31 Stanford Journal of Law, Economics, and Business 66-108 () (with others)
Jennifer L. Behrens
Articles & Essays
- As They Think Best: A History of the 'One Crowded Hour' Autograph Manuscript, in Regulation and Imagination: Legal, Literary, and Historical Perspectives on Highway Robbery 137-146 (Ross E. Davies, )
- Book Review, 117 Law Library Journal 436-437 () (reviewing Elie Mystal, Bad Law: Ten Popular Laws That Are Ruining America (2025))
Stuart M. Benjamin
Forthcoming
- Content Moderation and the First Amendment, in Platform Regulation and Freedom of Expression in the US and Europe: Across the Great Divide ()
Articles & Essays
- Making Broadcast Content Regulation Aggressive Again, 6 Journal of Free Speech Law 1047-1114 ()
Newspaper Articles and Commentary
- Brendan Carr and the Fog of War, Volokh Conspiracy ()
- The FCC Chair's Unprecedented, and Constitutionally Problematic, Response to Jimmy Kimmel, Volokh Conspiracy ()
- The New Administrative State?, 108 Judicature (, at 68) (with others)
Donald H. Beskind
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022, 2022-2023; Carolina Academic Press 2024-2025, 2025-26, 2026-27) (with Doriane Lambelet Coleman)
- Problems in Trial Advocacy (NITA, 2006, 2007, 2011, 2013, 2015, 2017, 2019, 2021, 2023, ) (with Anthony J. Bocchino)
Robert Bishop
Forthcoming
- Influence Without Control: Private Funds, Shareholder Engagement, and the New Law of Control, 52 Journal of Corporation Law () (with others)
- Investor Communication and Say-on-Pay, 31 Stanford Journal of Law, Economics & Business ()
Works in Progress
- Mirror Voting () (with others)
- Antitrust, Anti-Activism () (with others)
Articles & Essays
- Crypto Litigation and Market Efficiency, 16 Harvard Business Law Review 1-49 () (with others)
Joseph Blocher
Forthcoming
- Historical Facts: The Supreme Court’s Embrace of History and the Erosion of Fact-Finding (Harvard University Press, ) (with Brandon L. Garrett)
- The First Amendment as a Sword and Shield for Local Governments , in Fight Back: How States Can Counter Authoritarianism 33-44 (Erwin Chemerinsky & Aziz Z. Huq, eds., 2027) (with Sarah Ludington)
- Historians as Experts in Constitutional Law, 79 Stanford Law Review () (with Brandon L. Garrett)
- Standards of Fact Review in Constitutional Litigation, 127 Columbia Law Review () (with Brandon L. Garrett)
- The Common Use Test and the Question of Constitutional Coverage, 125 Michigan Law Review ()
- The History and Tradition of Firearms Localism, 105 Texas Law Review () (with Patrick J. Charles)
- 'Form Is of Some Consequence’: How the Peculiar Style of Amendments Has Shaped American Constitutional Law, Florida Law Review () (with Lawrence A. Zelenak)
- Cheap Violence: Weapons and the Law, 121 Northwestern University Law Review () (with Darrell A. H. Miller)
- Rights, then History: Choosing History and Tradition Based on Expected Case Outcomes, Notre Dame Law Review Online ()
- The Excluded Middle of Law: Constitutional Drivers of Extremism in Gun and Drug Policy, 2026 Supreme Court Review () (with David Pozen)
Books
- The Second Amendment: Gun Rights and Regulation (Foundation Press, ) (with others)
Articles & Essays
- Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Texas Law Review 679-734 () (with Brandon L. Garrett)
- Cumulative Burdens on Second Amendment Rights, 106 Boston University Law Review 435-449 () (with Hayley Lawrence)
- Historical and Legal Basis of Non-Encounter Restorative Justice Interventions for Gun Violence, 29 Contemporary Justice Review 143-154 () (with others)
- Historical Facts and Constitutional Law: New Challenges for Lawyers, Judges, and Scholars, 75 Duke Law Journal 1243-1264 () (with others)
- The Ambitions of History and Tradition in and Beyond the Second Amendment, 174 University of Pennsylvania Law Review 633-697 () (with Reva B. Siegel)
- The Role of Speech Institutions When Both Speech and Institutions Are Threatened, in The Elgar Companion to Freedom of Speech and Expression 131-146 (Ashutosh Bhagwat & Alan K. Chen eds., )
- A Critique of Findings on Gun Ownership, Use, and Imagined Use from the 2021 National Firearms Survey: Response to William English, 78 SMU Law Review 239-264 () (with others)
- Bruen in a Changing Judiciary, 74 Duke Law Journal Online 139-151 (Spring )
- Gitlow as a Guide to Holmes, 6 Journal of Free Speech Law 775-799 ()
- Listening on Campus: Academic Freedom and its Audiences, 98 Southern California Law Review 1161-1191 ()
- Teaching Firearms Law: One Big Opportunity and Three Pedagogical Challenges, 34 William and Mary Bill of Rights Journal 407-420 () (with others)
- Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 () (with Christopher Buccafusco)
- “Murder the Media”: Press Freedom, Violence, and the Public Sphere, in The Future of Press Freedom: Democracy, Law, and the News in Changing Times 52-63 (RonNell Andersen Jones & Sonja R. West eds., )
Newspaper Articles and Commentary
- Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts, Slate () (with Brandon L. Garrett)
James Boyle
Newspaper Articles and Commentary
- Celebrating the Public Domain, 18 Landslide (, at 7) (with Jennifer Jenkins)
Rachel Brewster
Articles & Essays
- Book Reviews, 120 American Journal of International Law 435-442 () (reviewing Petros C. Mavroidis, Industrial Policy, National Security, and the Perilous Plight of the WTO (2025))
- Trade Law in an Era of Geopolitical Rivalry: National Security, the Dilemma for Middle Powers, and the Future of the WTO, 25 Washington University Global Studies Law Review 761-774 ()
- Brief of Professors Julian Arato, Rachel Brewster, Harlan Grant Cohen, David Singh Grewal, J. Benton Heath, Timothy Meyer, Gregory Shaffer, and Chantal Thomas as Amici Curiae in Support of Petitioners in No. 24-1287 and Respondents in No. 25-250 , Learning Resources, Inc. v. Trump & Trump v. V.O.S. Selections, Inc., Nos. 24-1287 & 25-250 (U.S., Oct. 24, 2025)
- The Rise of Global FCPA Settlements, 104 Texas Law Review 299-371 ()
Chris Buccafusco
Forthcoming
- Intellectual Property Sandboxes, Boston University Law Review () (with others)
- Style Marks, University of Chicago Law Review () (with Sari Mazzurco)
Works in Progress
Articles & Essays
- How Big Is Copyright’s Second Bite?: An Empirical Assessment of Copyright Reversion, 75 Duke Law Journal 1077-1140 () (with others)
- Copyright Law, in The Business and Law of Fashion and Retail 155-216 (Barbara Kolsun & Douglas Hand eds., )
- Copyrighting Style, 72 Journal of the Copyright Society 1091-1129 ()
- Fashion's Function in Intellectual Property Law, in Fashion and Intellectual Property 69-99 (David Tan et al. eds., ) (adapted from Christopher Buccafusco & Jeanne C. Fromer, Fashion's Function in Intellectual Property Law, 93 Notre Dame Law Review 51-108 (2017) (with Jeanne C. Fromer)
- Measuring the Value of Trademark Distinctiveness: Evidence from the Market for Bordeaux Wines, 22 Journal of Empirical Legal Studies 403-413 () (with others)
- Technologies of Violence: Law, Markets, and Innovation for Gun Safety, 103 Texas Law Review 1195-1251 () (with Joseph Blocher)
- Trade Secrecy's Information Paradox, 100 Notre Dame Law Review 925-982 () (with others)
Newspaper Articles and Commentary
- How the Washington Commanders Mishandled Selling T-Shirts with the Team’s Old Name and Logo, MS Now () (with Jon J. Lee)
- Generative Fair Use for All, JOTWELL () (reviewing Katrina Geddes, Engineering Semiotic Democracy, __ FIU L. Rev. __ (forthcoming 2026))
- Copyright Maximalism for the Public Good?, JOTWELL () (reviewing Benjamin Sobel, Copyright Accelerationism, 100 Chicago Kent Law Review (forthcoming 2025))
- A Matter of Respect: It’s Time for Atlanta To Embrace a Shift in the Braves Name, Sports Business Journal () (with Marty Buccafusco)
Samuel W. Buell
Works in Progress
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, 1st ed. 2021, 2nd ed. 2022, 3rd ed. 2023, 4th ed. 2024, 5th ed. )
Articles & Essays
- Attribution and Aggregation: Problems in Criminal Agency Liability, in Research Handbook on Agency and Intermediation 359-371 (Deborah A. DeMott & Tan Cheng Han eds., )
- The Political and Professional Economies of US Global Corporate Criminal Enforcement, in The Oxford Handbook of Institutions of International Economic Governance and Market Regulation (Eric Brousseau, Jean-Michel Glachant, & Jérôme Sgard eds., )
Doriane Coleman
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022, 2022-23; Carolina Academic Press, 2024-2025, 2025-26, 2026-27) (with Donald H. Beskind)
James D. Cox
Books
- Securities Regulation: Cases and Materials (Aspen Law & Business, Wolters Kluwer, Aspen Publishing 2022-, 1991, 2d ed. 1997, 3d ed. 2001, 4th ed. 2004, 5th ed. 2006, 6th ed. 2009, 7th ed. 2013, 8th ed. 2017, 9th ed. 2019, 10th ed. 2022, 11th ed. ) (with others)
Articles & Essays
- Shareholder Litigation in Delaware: An Empirical Investigation, 78 Vanderbilt Law Review 433-491 () (with others)
John M. de Figueiredo
Works in Progress
Elisabeth de Fontenay
Works in Progress
- Private Assets in Defined Contribution Plans: A Comment Letter on the 2026 DOL Proposal () (with William W. Clayton)
Books
- Research Handbook on the Structure of Private Equity and Venture Capital (Edward Elgar Publishing, ) (editor with Brian Broughman)
Articles & Essays
- Private Equity for All: The Paradoxical Push to Democratize Private Markets, 76 Duke Law Journal 1-75 () (with William W. Clayton)
- Shareholder Control and the Delaware Dilemma: Is Private Capital Ruining Corporate Law?, 42 Yale Journal on Regulation 1365-1385 ()
- Corporate Governance in the Private-Markets Era, in The Oxford Handbook of Corporate Law and Governance, 2nd ed. (Jeffrey N. Gordon & Wolf-Georg Ringe eds., )
- The Credit Markets Go Dark, 134 Yale Law Journal 779-857 () (with Jared A. Ellias)
Deborah A. DeMott
Forthcoming
- When Agentic AI Met the Common Law of Agency, Harvard Journal of Law & Technology ()
Books
- Research Handbook on Agency and Intermediation (Edward Elgar Publishing, ) (editor with Tan Cheng Han)
Articles & Essays
- An Overview of Agency Doctrine, in Research Handbook on Agency and Intermediation 16-31 (Deborah A. DeMott & Tan Cheng Han eds., ) (with Tan Cheng Han)
- Introduction, in Research Handbook on Agency and Intermediation 2-15 (Deborah A. DeMott & Tan Cheng Han eds., ) (with Tan Cheng Han)
- Resale Payment Rights for Artists, in Art Law: Cases and Controversies (Paul E. Bain ed., )
- When Sleepers Awake: Sellers' Regret and Art-Market Intermediaries, in Research Handbook on Agency and Intermediation 267-287 (Deborah A. DeMott & Tan Cheng Han eds., )
Shane Ellison
Articles & Essays
- A More Just Social Group Test for the US, 38 International Journal of Refugee Law 46-64 ()
Kate Evans
Articles & Essays
- The Road to Slow Deportation, 74 Duke Law Journal 1389-1439 () (with Elana Fogel)
Newspaper Articles and Commentary
- Congress Must Hold the Line: ICE Cannot Be Allowed to Break Into Our Homes, The Hill () (with Elana Fogel)
- Protect Your Constitutional Rights: Don’t Fall for the Laken Riley Act’s Security Theater, The Hill () (with others)
Nita A. Farahany
Works in Progress
- Fiduciary AI for the Future of Brain-Technology Interactions () (with others)
Articles & Essays
- Die Wirkliche Gefahr Liegt in der Erosion der Autonomie: Ein E-Mail-Interview über Kognitive Freiheit und die Problematische Nutzung Neuronaler Daten, 17 Zeitschrift für Medienwissenschaft 84-88 () (with others)
- Neural Biometric Data, Privacy, and Enhancements: A Discussion with Dr. Nita Farahany, Professor of Law and Philosophy at Duke University, 1 AI in Neuroscience 61-65 () (with Esther Yuh)
- Reference Guide on Neuroscience, in Reference Manual on Scientific Evidence 1185-1268 () (with Henry T. Greely)
Joshua M. Feinzig
Forthcoming
- Closing Adjudicative Discretion, Cornell Law Review ()
- Consensus and Constraint in MDL Procedure, 110 Judicature ()
Works in Progress
- Coordinate Sequential Procedure ()
- The (New) Institutional Decision ()
Gina-Gail S. Fletcher
Forthcoming
- Securities Litigation: Enforcement and Compliance (West Academic Publishing, 6th ed. ) (with others)
- Benchmark Providers, in Elgar Concise Encyclopedia on Securities Law and Regulation (Iris Chui et al. eds., )
- Profiting from Prediction, California Law Review () (with others)
- Regulating DeFi Platforms, 111 Minnesota Law Review () (with others)
- Coordinated Retail Trading, William & Mary Law Review ()
- Corporate Complicity in Voter Suppression: From Selma to Today, in Race, Racism, and the Law (Guy-Uriel Charles & Aziza Ahmed eds., ) (with H. Timothy Lovelace, Jr.)
- The Limits of Transparency: Regulating AI in the Financial Markets, in Research Handbook of Artificial Intelligence & the Law (K. Johnson & C. Reyes eds., )
Works in Progress
- Disclosure and Manipulation ()
- Market Distortion as a Theory of Manipulation ()
- Predicting Manipulation ()
- Private Market Manipulation ()
- The Issuer Case Against Mandatory Arbitration () (with Nicole Iannarone)
Newspaper Articles and Commentary
- Regulating Technology in Financial Markets, Regulatory Review () (with Jackson Ruprecht)
- Racial Goals & Private Companies: What's Legal & What's Not, JOTWELL () (reviewing Atinuke Adediran, Racial Targets, 118 Northwestern University Law Review 1455 (2024))
Michael D. Frakes
Forthcoming
- Deadlines Versus Continuous Incentives: Evidence from the Patent Office, Review of Economics and Statistics () (with Melissa F. Wasserman)
Works in Progress
- Strategic Patenting: Evidence from the Biopharmaceutical Industry () (with Melissa F. Wasserman)
Articles & Essays
- The Effect of Provider Diversity on Racial Health Disparities: Evidence from the Military, 93 Review of Economic Studies 1815-1846 () (with Jonathan Gruber)
- Unveiling the Patent Landscape of Biologic Drugs, 120 Northwestern University Law Review 1315-1374 () (with Melissa F. Wasserman)
Newspaper Articles and Commentary
- Ten Tips for Legal Empiricists, 23 Northwestern Journal of Technology and Intellectual Property (, at 227) (with others)
Brandon L. Garrett
Forthcoming
- Historical Facts: The Supreme Court’s Embrace of History and the Erosion of Fact-Finding (Harvard University Press, ) (with Joseph Blocher)
- The Oxford Handbook of AI and Criminal Justice (Oxford University Press, ) (editor)
- Historians as Experts in Constitutional Law, 79 Stanford Law Review () (with Joseph Blocher)
- Standards of Fact Review in Constitutional Litigation, 127 Columbia Law Review () (with Joseph Blocher)
- The Brady Checklist, 62 Wake Forest Law Review () (with Adam M. Gershowitz)
Works in Progress
- Aversions to Criminal Justice Errors and Their Consequences () (with others)
- In-House Testing () (with Gregory Mitchell)
- Unboxing Plea Bargaining: The Durham, North Carolina Plea Tracking Project () (with others)
- Judging Fingerprint Evidence ()
Books
Articles & Essays
- AI and Criminal Justice in the United States, in AI Evidence and Criminal Proceedings (Katalin Ligeti ed., )
- Applying a Cost-Benefit Analysis to Geofence Searches, 65 Jurimetrics 295-315 () (with others)
- Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Texas Law Review 679-734 () (with Joseph Blocher)
- Compensating Exonerees in the United States, in Causes and Remedies of Wrongful Conviction: a Comparative Analysis 355-384 (Jacopo Della Torre, Giulia Lasagni & Sílvia Pereira Puigvert eds., ) (with Luke Mears)
- Confession Contamination and DNA Exonerations, 1989-2025 ()
- Historical Facts and Constitutional Law: New Challenges for Lawyers, Judges, and Scholars, 75 Duke Law Journal 1243-1264 () (with others)
- The Brady Materiality Standard, 78 Stanford Law Review 303-364 () (with Adam M. Gershowitz)
- Artificial Intelligence and Procedural Due Process, 27 Journal of Constitutional Law 933-976 ()
- Driver's License Suspensions in North Carolina () (with Rita L. Grunberg)
- Ineffectiveness of the “Consistent with” Judicial Limitation on Forensic Firearm Identification Testimony, 49 Law and Human Behavior 387-397 () (with others)
- Introduction: Special Issue on Justice, Legitimacy, and Technology, 49 Law and Human Behavior 183-185 () (with others)
- New Insights on Expert Opinion About Eyewitness Memory Research, 20 Perspectives on Psychological Science 903-924 () (with others)
- Persistence of the Verbal Overshadowing and Weapon-Focus Effects on Lineup Identification Performance, 14 Journal of Applied Research in Memory and Cognition 416-427 () (with others)
- Plea Tracking in the Durham County District Attorney’s Office: Second Report on Superior Court Cases Pled from April 2021 to November 2023 () (with others)
- Reference Guide on Eyewitness Identification, in Reference Manual on Scientific Evidence 361-461 () (with Thomas D. Albright)
Newspaper Articles and Commentary
- Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts, Slate () (with Joseph Blocher)
Crystal Grant
Articles & Essays
- Advancing Clinical Legal Education Through Networks, in Global Clinical Legal Education 69-81 (Jeff Giddings ed., ) (with others)
- Clinical Legal Education in North America, in Global Clinical Legal Education 279-291 (Jeff Giddings ed., ) (with others)
- Impact of Intersecting Identities on Student Well-being, 46 Journal of Developmental & Behavioral Pediatrics e632-e633 () (with others)
Sara Sternberg Greene
Works in Progress
Articles & Essays
- Exceptions in the Algorithmic Age: Evidence from the Case of Tenant Screening, 131 American Journal of Sociology 868-917 () (with others)
- The Savings Mirage, in Law and the 100-Year Life 134-145 (Anne L. Alstott, Abbe R. Gluck & Eugene Rusyn eds., )
Newspaper Articles and Commentary
- The War on Fraud Is Really a War on the Poor, The Hill ()
- Why the Government Wants Us to Save — And Why It’s Not Working, Salon ()
Lisa Kern Griffin
Forthcoming
- Honest Mistakes: Truth, Lies, and the Misleading Law of Questioning (Cambridge University Press, )
Laurence R. Helfer
Forthcoming
- A Reflection on Trans-Generational Harms in International Human Rights Law / Una Reflexión Sobre los Daños Transgeneracionales en el Derecho Internacional de los Derechos Humanos, Revista Electronica Iberoamericana () (with Yvonne M. Donders)
Articles & Essays
- AI and Courts: An International Human Rights Perspective, in The Cambridge Handbook of AI and Technologies in Court 389-402 (Monika Zalnieriute & Agne Limante eds., ) (with Veronika Fikfak)
- Charting Shifts in Doctrine: Intellectual Property and the European Court of Human Rights, in Intellectual Property and Human Rights (Paul L.C. Torremans ed., ) (with Yuyan (Nicole) Zhang)
- Automating International Human Rights Adjudication, 46 Michigan Journal of International Law 69-120 () (with Veronika Fikfak)
- Collective Management of Copyrights and Human Rights in an Age of Technological Automation, in Collective Management of Copyright and Related Rights 67-96 (Daniel Gervais & João Pedro Quintais eds., ) (with Giulia Priora)
- Rethinking Human Rights Treaty Withdrawals: A Process-Based Approach, 26 Melbourne Journal of International Law 40-71 () (with Başak Çalı)
- State Silence and the European Human Rights System, in State Silence Across International Law: Meaning, Context, and Developments 164-178 (Danae Azaria ed., ) (with Olivia C. Daniels)
Newspaper Articles and Commentary
- Has the U.S. Actually Withdrawn From the World Health Organization?, Just Security () (with Jean Galbraith)
Donald L. Horowitz
Forthcoming
- Ethnic Vote Pooling and Centripetal Politics () (with Helen Ting M.H.)
- Territorial Configurations and Ethnic Divisions, in The Law and Politics of Federalism (Erin F. Delaney, )
Books
- The Promise and Perils of Devolution: Federalism, Regional Autonomy, and Ethnic Conflict (Oxford University Press, )
Jayne Huckerby
Newspaper Articles and Commentary
- Suing the Taliban at the ICJ over Abuses of Afghan Women Isn’t a Panacea. Countries Must Do More Now, Just Security ()
Jennifer Jenkins
Books
- Music Copyright, Creativity, and Culture (2nd ed. )
- Music Copyright, Creativity, and Culture (Oxford University Press, )
Newspaper Articles and Commentary
- Celebrating the Public Domain, 18 Landslide (, at 7) (with James Boyle)
Richard Katskee
Articles & Essays
- Mahmoud v. Taylor: Cause or Effect of Disruptions in Public Schools?, 24 First Amendment Law Review 253-290 () (with Ira C. Lupu)
Nancy Lauer
Articles & Essays
- A Pollution Crisis of Synthetic Plastic Polymers and Their Hidden Chemical Complexity, 8 One Earth 1-5 () (with others)
- Quantifying Riverine Plastic Pollution Using Participatory Science and Trash Traps, 4 Community Science 1-14 () (with others)
- The Cost of Litter in North Carolina () (with others)
- The Social Cost of Plastic to the United States, NI R 25-09 () (with others)
Margaret H. Lemos
Articles & Essays
- Should Judicial Opinions Be Read Like Statutes?, 120 Northwestern University Law Review 1631-1696 ()
- Studying Supreme Court Advocacy: A Response to the SCOTUS Tournament, 75 Duke Law Journal Online 93-107 ()
- The Solicitor General, Consistency, and Credibility, 100 Notre Dame Law Review 621-728 () (with Deborah A. Widiss)
David F. Levi
Newspaper Articles and Commentary
- Current Challenges Facing the Judiciary, 109 Judicature (, at 60) (with others)
Marin K. Levy
Forthcoming
- Rulemaking All the Way Down, New York University Law Review () (with Zachary D. Clopton)
- A “Judge’s Judge”, Academia Puertorriqueña de Jurisprudencia y Legislación ()
Works in Progress
- Magistrate Judges () (with Zachary D. Clopton)
- Circuit Precedent () (with William Baude)
- Raising the Judicial Alarm () (with Trevor Morrison)
Articles & Essays
- Remedies for a Constitutional Crisis, 139 Harvard Law Review 1747-1768 () (with others)
- Local Rulemaking, 75 Duke Law Journal 815-873 () (with Zachary D. Clopton)
- Defining the Field of Judicial Administration, 36 Yale Journal of Law & the Humanities 151-164 ()
- Judicial Reform from the Inside Out, 100 Notre Dame Law Review 2191-2227 () (with Daniel Epps)
- Local Rules, 111 Virginia Law Review 1187-1253 () (with Zachary D. Clopton)
- The Invention of the Judicial Administration State, 123 Michigan Law Review 1051-1072 () (reviewing Robert C. Post, The Taft Court: Making Law for a Divided Nation, 1921-1930 (2024))
Newspaper Articles and Commentary
- (In Defense of) Judicial Institutionalism, JOTWELL () (reviewing Rachel Bayefsky, Judicial Institutionalism, 109 Cornell Law Review (forthcoming 2024))
H. Timothy Lovelace, Jr.
Forthcoming
- Weapons of Corporate Warfare, 115 California Law Review () (with Cathy Hwang)
- Banking on Civil Rights, 73 UCLA Law Review () (with Martin L. Sybblis)
- Corporate Complicity in Voter Suppression: From Selma to Today, in Race, Racism, and the Law (Guy-Uriel Charles & Aziza Ahmed eds., ) (with Gina-Gail S. Fletcher)
Articles & Essays
- Historical Facts and Constitutional Law: New Challenges for Lawyers, Judges, and Scholars, 75 Duke Law Journal 1243-1264 () (with others)
- Who Owns Civil Rights History?, 106 Boston University Law Review 729-794 () (with Robert S. Chang)
- Book Review, 59 Law & Society Review 458-460 () (reviewing Dylan C. Penningroth, Before the Movement: The Hidden History of Black Civil Rights (2023))
Sarah H. Ludington
Forthcoming
- The First Amendment as a Sword and Shield for Local Governments , in Fight Back: How States Can Counter Authoritarianism 33-44 (Erwin Chemerinsky & Aziz Z. Huq, eds., 2027) (with Joseph Blocher)
Veronica Root Martinez
Forthcoming
- Innovation-Driven Compliance, Villanova Law Review () (with Geeyoung Min)
- Collaborative Compliance, UC Law Review () (with Kevin E. Davis)
- Middle Management: A Mission Critical Risk?, Boston University Law Review ()
- Profiting from Prediction, California Law Review () (with others)
- The Board's Education Through Compliance Consultants, Law and Contemporary Problems ()
- Regulating DeFi Platforms, 111 Minnesota Law Review () (with others)
- Converging on Disclosure, Duke Law Journal Online () (with Emilie Aguirre)
- Diversity and Compliance, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Independent Compliance Monitors, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Independent Monitorships, in Cambridge Handbook of Organizational Culture and Misconduct (B. van Rooij, N. Tobsch, and N. Lord eds., )
- The Miscalculation of Corporate DEI Risk, University of Pennsylvania Law Review () (with Lisa Fairfax)
Works in Progress
- Guarding Purpose () (with Emilie Aguirre)
- Crime and Punishment: Corporate Criminal Prosecution and Corporate Misconduct () (with Syrena Shirley)
Books
- Professional Responsibility: A Contemporary Approach (West Academic Publishing, 6th ed. ) (with others)
Articles & Essays
- Purpose-Driven Compliance, 13 Texas A&M Law Review 1349-1413 ()
Newspaper Articles and Commentary
- Binance Probe Exemplifies the Perils of ‘Surface Remediation’, Bloomberg Law ()
- How Boards Can Make the Most of Compliance Consultants, The CLS Blue Sky Blog ()
- The Miscalculation of Corporate DEI Risk, Compliance & Enforcement () (with Lisa M. Fairfax)
- Independent Monitorships, Corporate Culture, and the Limits of Compliance Reform, The CLS Blue Sky Blog ()
- Purpose-Driven Compliance, Harvard Law School Forum on Corporate Governance ()
- Are Corporate Monitors Really “Off the Table”? Not Quite., Compliance & Enforcement ()
- A Reflection on the OECD’s Report (Part II): Governments’ Assessments of Corporate Anti-Corruption Compliance, Compliance & Enforcement () (with Liz Carrasco)
- A Reflection on the OECD’s Report (Part I): Companies’ Assessments of Anti-Corruption Compliance, Compliance & Enforcement () (with Liz Carrasco)
Tim Meyer
Forthcoming
- Presidential Power over Wartime and Secondary Tariffs, 120 American Journal of International Law () (with others)
Articles & Essays
- The Foreign Commerce Power, 114 California Law Review 407-477 () (with Kathleen Claussen)
- Brief of Professors Julian Arato, Rachel Brewster, Harlan Grant Cohen, David Singh Grewal, J. Benton Heath, Timothy Meyer, Gregory Shaffer, and Chantal Thomas as Amici Curiae in Support of Petitioners in No. 24-1287 and Respondents in No. 25-250 , Learning Resources, Inc. v. Trump & Trump v. V.O.S. Selections, Inc., Nos. 24-1287 & 25-250 (U.S., Oct. 24, 2025)
- Plurilateralism and the Future of International Investment Law, 26 Journal of World Investment & Trade 219-246 ()
- Presidential Regulation, 42 Yale Journal on Regulation 803-871 () (with Ganesh Sitaraman)
- The 'America First Trade Policy' in Practice, 119 American Journal of International Law 668-680 () (with others)
Newspaper Articles and Commentary
- The Legal Authority (or Lack Thereof) for Trump’s Tariffs, Verfassungsblog ()
Terrence Neal
Articles & Essays
- EPA and NEPA’s International Cooperation Provision, 27 Vermont Journal of Environmental Law 268-290 ()
- Affording Oral Tradition Evidence Due Weight Before the International Court of Justice, 29 Lewis & Clark Law Review 1-57 ()
Cynthia Nicoletti
Works in Progress
- Freedom’s Narrow Path ()
Articles & Essays
- Reconstructing the Meaning of "Forty Acres and a Mule", 27 University of Pennsylvania Journal of Constitutional Law 522-586 ()
Yaron Nili
Forthcoming
- Influence Without Control: Private Funds, Shareholder Engagement, and the New Law of Control, 52 Journal of Corporation Law () (with others)
Works in Progress
- Common Ownership Directors () (with others)
Articles & Essays
- Opting Out of Court? Reputation and Informal Norms in Private Equity, 79 Vanderbilt Law Review 505-576 () (with Kobi Kastiel)
- Peer Group Governance, 16 Harvard Business Law Review 169-236 ()
- Interlocking Directorates in the United States, in Research Handbook on Competition and Corporate Law 288-309 (Florence Thépot & Anna Tzanaki eds., )
Michelle Benedict Nowlin
Articles & Essays
- A Pollution Crisis of Synthetic Plastic Polymers and Their Hidden Chemical Complexity, 8 One Earth 1-5 () (with others)
- An Overview of Ocean Plastics Policy and the Importance of Public Education and Engagement, in Plastics in the Sea: Occurrence and Impacts 487-521 (Sandra E. Shumway & J. Evan Ward eds., ) (with others)
- Quantifying Riverine Plastic Pollution Using Participatory Science and Trash Traps, 4 Community Science 1-14 () (with others)
- The Social Cost of Plastic to the United States, NI R 25-09 () (with others)
Shu-yi Oei
Forthcoming
- Arthur Cockfield's Digital Economy: A Retrospective Analysis, Canadian Tax Journal ()
Works in Progress
- A New Framework for Taxpayer Rights () (with others)
- The OECD and the Digital Economy “Rat” ()
Articles & Essays
- Global Tax Decluttering, 77 UC Law Journal 821-878 () (with Diane M. Ring)
- The Origination Clause and the President’s Tariffs, 103 Washington University Law Review 1897-1931 () (with others)
Jonathan Petkun
Articles & Essays
- Non-Monetary Incentives and Bureaucratic Performance: Evidence from U.S. Courts, 262 Journal of Public Economics 1-14 ()
- Civilian Harm and Military Legitimacy: Evidence from the Battle of Mosul, 79 International Organization 332-357 () (with others)
- The Judicial Administrative Power, 93 George Washington Law Review 349-409 () (with Joseph Schottenfeld)
Keith Porcaro
Newspaper Articles and Commentary
- Rising Legal Tech Giants Will Dominate—Not Democratize—Practice, Bloomberg Law ()
H. Jefferson Powell
Books
- John T. Noonan, Jr., Judging the Judges (Carolina Academic Press, ) (editor)
Articles & Essays
- Introduction, in Judging the Judges ix-xxi (John T. Noonan, Jr., )
- The Supreme Court's Ideal Audience, 18 ConLaw NOW 117-130 ()
Newspaper Articles and Commentary
- Symmetry and Constitutional Adjudication, Balkinization () (reviewing Zachary Price, Constitutional Symmetry: Judging in a Divided Republic (2024))
Jedediah Purdy
Issues Edited
- Legal Theory & Capitalism - Part II, 88 Law and Contemporary Problems (No. 3, ) (with Justin Deystone)
- Legal Theory & Capitalism - Part I, 88 Law and Contemporary Problems (No. 1, ) (with Justin Deystone)
- Politics and the Rule of Law, 87 Law and Contemporary Problems (No. 3, ) (with Madhav Khosla)
Articles & Essays
- A Democratic Rule of Law, 87 Law and Contemporary Problems 293-329 ()
- Foreword, 87 Law and Contemporary Problems i-v () (with Madhav Khosla)
- Foreword, 88 Law and Contemporary Problems i-iii () (with Justin Deystone)
Newspaper Articles and Commentary
- What Are We Living Through in Trump 2.0? Here Are 3 Possibilities, New York Times () (with others)
- What Are We Living Through?: Three Competing Narratives of the Second Trump Administration, Boston Review () (with David Pozen)
- Ecology in an Era of Fragmentation, 72 Dissent (, at 115)
- On Constitutional Crisis, the Rule of Law, and the Fate of Democracy, LPE Blog ()
- NC Voters Need to Know More About Judicial Candidates’ Stances, Not Less, News & Observer () (with Emily Coward)
Shitong Qiao
Forthcoming
- Platforms as Enforcement Infrastructure: Copyright in China's Online Music Market, American Journal of Comparative Law ()
- The Legal Architecture of Data: A Center-of-Gravity Theory, University of Pennsylvania Journal of International Law () (with Ran Ji)
Books
- The Authoritarian Commons: Neighborhood Democratization in Urban China (Cambridge University Press, )
Articles & Essays
- From Taxi to Didi: Voice and Balancing in the Industrial Transition, 51 Law & Social Inquiry 180-202 () (with Bingwan Xiong)
- Governing with Digital Platforms: A Chinese Lesson for the U.S.?, 36 Duke Journal of Comparative & International Law 1-42 ()
- Social Norms 2.0: From Private Governance to Co-Evolution, 51 Law and Social Inquiry 917-924 () (reviewing Florian Grisel, The Limits of Private Governance: Norms and Rules in a Mediterranean Fishery (2021))
Arti K. Rai
Forthcoming
- Intellectual Property Sandboxes, Boston University Law Review () (with others)
Works in Progress
Articles & Essays
- Patents on AI-Derived Drugs: Empirical Evidence and Legal Challenges, 44 Nature Biotechnology 362-364 () (with Janet Freilich)
- Molecular Diagnostic Patenting After Mayo v. Prometheus: An Empirical Analysis, 22 Journal of Empirical Legal Studies 144-162 () (with others)
- Recent Changes in Discretionary Denials of Drug Patent Challenges, 3 Health Affairs Scholar 1-3 () (with others)
- The Future of AI Regulation in Drug Development: A Comparative Analysis, 12 Journal of Law and the Biosciences 1-14 () (with others)
- The Puzzle of Biologics Manufacturing Platform Patents, 43 Nature Biotechnology 295-299 () (with others)
- The Reliability Response to Patent Law's AI Challenges, 59 UC Davis Law Review 97-145 ()
- What Patents on AI-Derived Drugs Reveal, 388 Science 924-926 () (with Janet Freilich)
Newspaper Articles and Commentary
- Congress Must Repair USPTO's Inter Partes Review Process, Law360 Expert Analysis () (with others)
- The Future of Scientific Innovation, The Regulatory Review () (with Tasneem Mohammad)
Mara Revkin
Works in Progress
- The Moral Logic of Blame for Civilian Casualties: Evidence from Iraq () (with Janina Dill)
- The Civil War Origins of Fiscal Policing: Evidence from the District of Columbia () (with Gage Gramlick)
- Resistance, Collaboration, and Ethnic Bias: Evidence on Social Cohesion in Wartime Ukraine () (with others)
- Introducing the Fragility Index: A Tool for Evidence-Based Transitional and Recovery Programming () (with Gabriella Levy)
Articles & Essays
- Civilian Harm and Military Legitimacy: Evidence from the Battle of Mosul, 79 International Organization 332-357 () (with others)
- Reintegrating Iraqis Returning Home After Conflict: Lessons from Variation Between Four Communities, MEAC Findings Report 41 () (with others)
- The Dangerous Rise of "Dual-Use" Objects in War, 134 Yale Law Journal 2645-2750 () (with others)
Emily Ryo
Forthcoming
- Weaponizing Immigration Detention, Iowa Law Review () (with others)
Articles & Essays
- Representation in Removal Proceedings, 101 Indiana Law Journal 753-812 () (with others)
- Criminalization of Immigration, 11 RSF: The Russell Sage Foundation Journal of the Social Sciences 282-343 () (with others)
- Intergroup Boundaries and Removal Decisions, Journal of Law, Economics, and Organization 1-33 () (with Ian Peacock)
- Racial Disparities in Crime-Based Removal Proceedings, 109 Minnesota Law Review 1997-2088 () (with others)
- Immigration Detention as a Shadow Carceral System, 28 Theoretical Criminology 577-598 ()
Bailey Sanders
Works in Progress
- Product Market Power as a Labor Distortion: The Case of Home Production Substitutes () (with others)
- Disclosure in the Moral Marketplace ()
Articles & Essays
- Religious Riders and the Sherman Act, 124 Michigan Law Review 715-775 ()
- Growing Market Power Among Catholic Hospitals Restrains Access to Reproductive Health Care () (with others)
- An Antitrust Approach to Sex Equality, 45 Columbia Journal of Gender & Law 287-339 ()
- The Role of Judge Gender and Ideology in Hiring Female Law Clerks, 13 Journal of Law and Courts 397-419 () (with others)
Richard L. Schmalbeck
Works in Progress
Books
- Advanced Introduction to Federal Income Taxation (Edward Elgar Publishing, )
Articles & Essays
- Make the GSTT Exemption Portable Between Spouses, 186 Tax Notes Federal 311-316 () (with Jay A. Soled)
Steven L. Schwarcz
Forthcoming
- Debt Capital Markets, in Oxford Handbook of Corporate Finance Law (Felix Steffek & Gabriel Rauterbeg eds., )
- Market Maker of Last Resort, in Elgar Concise Encyclopedia on Securities Law and Regulation (Hans Tjio, Iris Chiu & Heikki Marjosola eds., )
- Rethinking Private Ordering: The Financial Disclosure Quandary, 2027 University of Illinois Law Review ()
- Commercial Reasonableness, 31 Stanford Journal of Law, Economics & Business ()
- Regulating DeFi Platforms, 111 Minnesota Law Review () (with others)
- Subordination: A Functional and Theoretical Analysis, 52 Journal of Corporation Law () (with Isabelle Stewart)
Works in Progress
- The Sale-Versus-loan Problem of Receivables Financing from a US Perspective () (with Isabelle Stewart)
- Towards a Unified Theory of Business Law () (with Isabelle Stewart)
- Strategizing & Critiquing Liability Management ()
- ‘Unclogging’ the Equity of Redemption: Collapsing Deceptive Corporate Structures () (with Emma Vaughn-Matthews)
- Assigning Future ‘Rights’: A Modern Conception of Nemo Dat ()
Issues Edited
- U.S.-EU Comparative Financial Regulation, 88 Law and Contemporary Problems (No. 2, ) (with others)
- Regulating Digital Currencies, 87 Law and Contemporary Problems (No. 2, ) (with others)
Articles & Essays
- Bankruptcy's Demise: The Flawed Safe Harbor, 81 Business Lawyer 707-736 ()
- Foreword, 88 Law and Contemporary Problems i-vii () (with others)
- Recharacterizing Contracts: The Sale-versus-Loan Problem of Receivables Financing, 100 American Bankruptcy Law Journal 68-115 () (with Isabelle Stewart)
- Regulating Compliance in a World of Decentralized Finance, CIGI Paper No. 355 () (with Jack Tiedemann)
- Bankruptcy's Redistributive Policies: Net Value or a "Zero-Sum Game"?, 99 American Bankruptcy Law Journal 261-305 () (with the assistance of Jack Tiedemann)
- De-Mystifying Digital Currencies, 87 Law and Contemporary Problems 1-29 () (with assistance from David N. Ord)
- Foreword, 87 Law and Contemporary Problems i-x () (with others)
- Money: A Functional Analysis, 30 Stanford Journal of Law, Economics & Business 1-32 ()
- Secondary-Default Remedies: Should Harshness Limit Enforcement?, 51 Journal of Corporation Law 1-31 ()
Laura M. Scott
Articles & Essays
- Opening the Channels and Speeding the Game: A Short History of Transactional Forms, The Green Bag Almanac & Reader 275-285 ()
Jonathan Seymour
Articles & Essays
- Bankruptcy Appeal Barriers, 82 Washington and Lee Law Review 87-188 ()
Neil S. Siegel
Articles & Essays
- Balkin Amid Balkanization: Constitutional Construction, the Uses of History, and Interpretive Discretion in a Divided Country, 13 Texas A&M Law Review 625-644 ()
Jonathan B. Wiener
Forthcoming
- Advanced Introduction to Risk Regulation (Edward Elgar Publications, ) (with K. Arden Rowell)
- Planetary Policies for Defense Against Asteroids and Protection Against Contamination, in Space Risk Management: Securing Progress for Humanity (Saquib Hyat-Khan & Kurt Engemann eds/, ) (with others)
- An International Monitoring System for Stratospheric Aerosol Injection Geoengineering: Technical and Institutional Capacity Needs () (with others)
- Interplanetary Law () (with Chase Hamilton)
- Rethinking Adaptive Regulation of Emerging Technologies, Risks, and Reactions: Combining Mitigation and Adaptation () (with K. Arden Rowell)
- Space as Province, Property, and Planetary Protection: Risk and the Rise of the Interplanetary, in Property in Outer Space in International Law and Philosophy: The “Province of All Mankind”? (Samantha Besson ed., )
Articles & Essays
- Interplanetary Risk Regulation, 26 Chicago Journal of International Law 73-106 () (with Chase Hamilton)
- Multi-Risk Governance of Solar Radiation Modification, 16 European Journal of Risk Regulation 1246-1262 () (with others)
- Practical Paths to Risk-Risk Analysis of Solar Radiation Modification , 5 Oxford Open Climate Change, article kgaf012, 1-9 (2025) (with others)
- The International Risk Governance Council: Reflections on a Twenty-Year Experiment in Support of Improved Risk Governance, 45 Risk Analysis 3860-3874 () (with others)
Newspaper Articles and Commentary
- Risk-Risk Analysis and SRM: Moving Beyond Misunderstanding, SRM360 () (with others)
Ernest A. Young
Forthcoming
- Teaching for Constitutional Conversations, in (H.W. Perry ed., )
Works in Progress
- The Unitary Executive and Congress's Options in Delegating Power to Enforce Federal Law ()
- Our Federal Executive ()
Books
- The Supreme Court and the Constitution (Foundation Press, 1st ed. 2017, 2nd ed. )
Articles & Essays
- Uncertain Enforcement and Standing to Sue, 106 Boston University Law Review 915-976 ()
- States in the Separation of Powers, 48 Harvard Journal of Law & Public Policy 1-31 ()
- What Belongs in a Constitutional Law Casebook?, 34 William & Mary Bill of Rights Journal 485-496 ()
Lawrence A. Zelenak
Forthcoming
- "What We Pay for Civilized Society”: Words Etched in Stone, Law and Contemporary Problems ()
- 'Form Is of Some Consequence’: How the Peculiar Style of Amendments Has Shaped American Constitutional Law, Florida Law Review () (with Joseph Blocher)
Books
- Federal Income Taxation: A Law Student's Guide to the Leading Cases and Concepts (Concepts and Insights Series) (Foundation Press, 12th ed. 2012, 13th ed. 2015, 14th ed. 2018, 15th ed. 2023, 16th ed. ) (with Marvin A. Chirelstein)
Alex Zhang
Forthcoming
- Chinese Media Law (William S. Hein, )
- Chinese Legal Research in a Nutshell (West Academic Publishing, )
- Open Access 2.0: Developing a Reflexive, Contextual Open Access Portal for China Studies in the Age of AI, in Automation to Artificial Intelligence: Smart Knowledge Environments with Disruptive Technologies in Libraries (Barbara Holland, ed., )
Works in Progress
- Can LLMs Detect Justices’ Stances in the US Supreme Court Oral Arguments? ()
- The Validation Gap: Legal Research Technology, Epistemic Objects, and the Validation of AI-Generated Legal Reasoning ()
- Legislative Facts and the Replicability Crisis: A Review of the United States Supreme Court Majority Opinions (2012-2022) () (with others)
- Artificial Intelligence & the Future of Law Libraries () (with others)
Articles & Essays
- LLM-Assisted Legal Propositions Identification from Party Arguments in the U.S. Supreme Court Briefs, in Computational Models of Argument: Proceedings of COMMA 2026 209-220 (Katie Atkinson et al. eds., ) (with Heng Zheng)
- Mapping Legal Propositions in the U.S. Supreme Court Party Briefs: A Human-In-The-Loop Approach, in New Frontiers in Artificial Intelligence. 18th JSAI International Symposium on Artificial Intelligence, JSAI-isAI 2026 101-114 (Satoshi Morinaga et al. eds., ) (with Heng Zheng)
- Goodson Law Library, Duke University Law School, in Organizational Structures of Academic Law Libraries: Past, Present, and Future, Volume 3 83-104 (Elizabeth Adelman & Jessica de Perio Wittman eds., )
- Information Retrieval in the Age of Generative AI: A Mismatch That Matters, 44 Legal Reference Services Quarterly 297-306 ()
- NLP Driven Citation Analysis of Legal Scholarship: Challenges and Opportunities, in Handbook of Trends and Innovations Concerning Library and Information Science 177-201 (Barbara Jane Holland ed., ) (with Jiebei Luo)