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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.
Kerry Abrams
Forthcoming
- Moral Economies of Family Reunification in the Trump Era: Translating Natural Affiliation, Autonomy and Stability Arguments into Constitutional Rights, in Transnational Marriage and Partner Migration: Constellations of Security, Citizenship, and Rights (Anne-Marie D'Aoust, ed., ) (with Daniel Pham)
Articles & Essays
- Family, Gender, and Leadership in the Legal Profession, Women & Law 1-17 () (joint publication of the top sixteen law reviews)
- Foreword: Gender Journals and Gender Equality: Reflections on Twenty-five Years of the Duke Journal of Gender Law and Policy, 27 Duke Journal of Gender Law & Policy iii-vii ()
Emilie K. Aguirre
Forthcoming
- How Supportive Is the Global Food Supply of Food-Based Dietary Guidelines? A Descriptive Time Series Analysis of Food Supply Alignment From 1961 to 2013, 15 SSM - Population Health () (with others)
- Worker Well-Being, Workplace Democracy, and the Pursuit of Multiple Objectives, in Handbook on the Business of Sustainability () (with others)
Articles & Essays
- Beyond Profit, 54 U.C. Davis Law Review 2077-2148 ()
- What Role Should the Commercial Food System Play in Promoting Health Through Better Diet?, 368 BMJ: British Medical Journal 1-12 () (with others)
Katharine T. Bartlett
Books
- Gender and Law: Theory, Doctrine, Commentary (Wolters Kluwer, 6th ed. 2013, 7th ed. 2017, 8th ed. 2020) (with others)
Articles & Essays
- Gender Law: After Twenty-Five Years, 27 Duke Journal of Gender Law & Policy 1-23 ()
Newspaper Articles and Commentary
- Letting His Hair Down: Why a School District in Texas Is Wrong to Deprive a Male Student of an Education Because of the Length of His Hair, Verdict () (with Joanna L. Grossman)
Lawrence G. Baxter
Newspaper Articles and Commentary
Sara Sun Beale
Books
- Federal Criminal Law and Its Enforcement (West Academic Publishing, 7th ed. ) Accompanying Teacher's Manual (2020) (with others)
Articles & Essays
- Prosecuting Sexual Exploitation and Trafficking Abroad: Congress, the Courts, and the Constitution, 27 Duke Journal of Gender Law & Policy 25-43 ()
Jennifer L. Behrens
Forthcoming
- On the Scent: A History of ‘The King of the Foxes’ Autograph Manuscript, in Regulation and Imagination: Legal & Literary Perspectives on Fox Hunting ()
Articles & Essays
- The Empty Chair: Reflections on an Absent Justice, 2020 Green Bag Almanac & Reader 131-142 ()
Newspaper Articles and Commentary
- Empty Chairs, 104 Judicature (, at 88)
Stuart M. Benjamin
Articles & Essays
- The First Amendment and Algorithms, in The Cambridge Handbook of the Law of Algorithms 606-631 (Woodrow Barfield, ed., )
- The Paradoxical Impact of Scalia’s Campaign Against Legislative History, 105 Cornell Law Review 1023-1092 () (with Kristen Renberg)
Newspaper Articles and Commentary
- Striking Language from the Trump Administration's Complaint in United States v. John Bolton, The Volokh Conspiracy ()
Donald H. Beskind
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021) (with Doriane Lambelet Coleman)
Joseph Blocher
Forthcoming
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law (Oxford University Press, ) (editor with others)
- Navassa: Property, Sovereignty, and the Law of the Territories, Yale Law Journal () (with Mitu Gulati)
- Two Concepts of Gun Liberty, Quinnipiac Law Review ()
- Cities, Preemption, and the Statutory Second Amendment, 87 University of Chicago Law Review ()
Works in Progress
- Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders () (with Catie Carberry)
Issues Edited
- Gun Rights and Regulation Outside the Home, 83 Law and Contemporary Problems (No. 3, ) (with others)
Articles & Essays
- Pointing Guns, 99 Texas Law Review 1173-1200 () (with others)
- When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller, 116 Northwestern University Law Review 139-201 () (with Reva Siegel)
- Disuniformity of Federal Constitutional Rights, 2020 University of Illinois Law Review 1479-1499 ()
- Domestic Violence and the Home-Centric Second Amendment, 27 Duke Journal of Gender Law & Policy 45-58 ()
- Firearms, Extreme Risk, and Legal Design: "Red Flag" Laws and Due Process, 106 Virginia Law Review 1285-1344 () (with Jacob Charles)
- King Leopold's Bonds and the Odious Debts Mystery, 60 Virginia Journal of International Law 487-530 () (with others)
- The Geography of a Constitutional Right: Gun Rights Outside the Home, 83 Law and Contemporary Problems i-vii () (with others)
- Transferable Sovereignty: Lessons from the History of the Congo Free State, 69 Duke Law Journal 1219-1273 () (with Mitu Gulati)
- True Threats, Self-Defense, and the Second Amendment , 48 The Journal of Law, Medicine & Ethics S2, 112-118 (2020)
- Why Did Belgium Pay Leopold’s Bonds?, 83 Law and Contemporary Problems 49-70 () (with others)
- Why Regulate Guns? , 48 The Journal of Law, Medicine & Ethics S2, 11-16 (2020)
- “The Road I Can’t Help Travelling”: Holmes on Truth and Persuadability, 51 Seton Hall Law Review 105-133 ()
Newspaper Articles and Commentary
- The U.S. Stole Billions From Haiti. It’s Time to Give It Back, Slate () (with Mitu Gulati)
- Why Is the Gun Debate So Difficult?, Duke Magazine ()
- SCOTUS Taking up 2nd Amendment Case Could Mean Cuts to Broad Swaths of Gun Regulation, TPM Cafe () (with Darrell A.H. Miller)
- American Cities Have Always Regulated Guns. Now, Most Can’t, Washington Post ()
- Guns Are a Threat to the Body Politic: , The Atlantic () (with Reva Siegel)
- Why Do States Ban “Electioneering” but Allow Guns at Polling Places?, Slate () (with Alan Chen)
- Symposium: Disrupting the Consensus on Second Amendment Doctrine Would be a Mistake, SCOTUSblog () (with Eric Ruben)
James Boyle
Books
- Intellectual Property: Law & the Information Society: Cases & Materials (Center for the Study of the Public Domain, 1st ed. 2014, 2d ed. 2015, 3d ed. 2016; CreateSpace, 4th ed. 2018, 5th ed. 2021) (with statutory supplement 2014, 2015, 2016 & 2019) (with Jennifer Jenkins)
Articles & Essays
- Dumping: On Law Reviews, 24 Green Bag 2d 179-188 ()
- Mark of the Devil: The University as Brand Bully, 31 Fordham Intellectual Property, Media & Entertainment Law Journal 391-466 () (with Jennifer Jenkins)
Rachel Brewster
Works in Progress
- Fishy SPS Measures? The WTO’s Korea-Radionuclides Dispute () (with Carolyn Fischer)
Articles & Essays
- Gender and International Trade Policy: Economic Nostalgia and the National Security Steel Tariffs, 27 Duke Journal of Gender Law & Policy 59-68 ()
- Intersecting Legal Spaces: International Trade Law and Anticorruption Law, in Landscapes of Law: Practicing Sovereignty in Transnational Terrain 37-63 (Carol J. Greenhouse and Christina L. Davis, eds., )
- Never Waste a Crisis: Anticorruption Reforms in South America, 60 Virginia Journal of International Law 531-570 () (with Andres Ortiz)
Newspaper Articles and Commentary
- Rebooting America: International Trade, 40 Duke Law Magazine ()
Samuel W. Buell
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, )
Issues Edited
- Two Decades of Corporate Criminal Enforcement, 83 Law and Contemporary Problems (No. 4, ) (with Brandon L. Garrett)
Articles & Essays
- L'importanza della regolamentazione delle indagini interne nella giustizia negoziata degli enti, in Internal Investigations: Best Practices e istanze di regolamentazione 3-66 (Francesco Centonze & Stefania Giavazzi, eds., ) (Italian translation of The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Liability, 93 Southern California Law Review 697-761 (2020)) (with Jennifer Arlen)
- Pointing Guns, 99 Texas Law Review 1173-1200 () (with others)
- Retiring Corporate Retribution, 83 Law and Contemporary Problems 25-45 ()
- The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Liability, 93 Southern California Law Review 697-761 () (translated in Italian as L'importanza della regolamentazione delle indagini interne nella giustizia negoziata degli enti, in Internal Investigations: Best Practices e Istanze di Regolamentazione 3-66 (Francesco Centonze & Stefania Giavazzi, eds., 2021) (with Jennifer Arlen)
- Two Decades of Corporate Criminal Enforcement, 83 Law and Contemporary Problems i-v () (with Brandon L. Garrett)
Jake Charles
Forthcoming
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law (Oxford University Press, ) (editor with others)
- Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution, 120 Michigan Law Review ()
- An Overview of Gun Registration in U.S. History, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law (Joseph Blocher, Jacob D. Charles & Darrell A. H. Miller, eds., ) (with Genesa Cefali)
- The Trajectory of Federal Gun Crimes, University of Pennsylvania Law Review () (with Brandon L. Garrett)
Issues Edited
- Gun Rights and Regulation Outside the Home, 83 Law and Contemporary Problems (No. 3, ) (with others)
Articles & Essays
- Constructing a Constitutional Right: Borrowing and Second Amendment Design Choices, 99 North Carolina Law Review 333-377 ()
- Pointing Guns, 99 Texas Law Review 1173-1200 () (with others)
- Second Amendment Animus, 116 Northwestern University Law Review 1-33 ()
- A Double-Filter Provision for Expanded Red Flag Laws: A Proposal for Balancing Rights and Risks in Preventing Gun Violence, 48 Journal of Law, Medicine & Ethics 126-132 () (with Gabriel Delane)
- Defeasible Second Amendment Rights: Conceptualizing Gun Laws That Dispossess Prohibited Persons, 83 Law and Contemporary Problems 53-71 ()
- Firearms, Extreme Risk, and Legal Design: "Red Flag" Laws and Due Process, 106 Virginia Law Review 1285-1344 () (with Joseph Blocher)
- The Geography of a Constitutional Right: Gun Rights Outside the Home, 83 Law and Contemporary Problems i-vii () (with others)
Newspaper Articles and Commentary
- COVID Lays Bare the Need for Attending to Second Amendment Theory, NULR Of Note () (with Gabriel Delane)
George C. Christie
Books
- Jurisprudence: Text and Readings on the Philosophy of Law (West Publishing, 1973, 2d ed. 1995, Thomson/West, 3d ed. 2008) (with Patrick H. Martin); (West Academic Publishing, 4th ed. 2020) (with Patrick H. Martin & Adam J. MacLeod)
Doriane Lambelet Coleman
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021) (with Donald H. Beskind)
Articles & Essays
- Divergence in Timing and Magnitude of Testosterone Levels Between Male and Female Youths, 324 Journal of The American Medical Association (JAMA) 99-101 () (with others)
- Re-Affirming the Value of the Sports Exception to Title IX’s General Non-Discrimination Rule, 27 Duke Journal of Gender Law & Policy 69-134 () (with others)
- The Enhanced Danger of Physicians’ Off-Label Prescribing During a Public Health Emergency , Journal of Law and the Biosciences. Advance Online Publication 27 May 2020 (With Philip M Rosoff)
James E. Coleman, Jr.
Newspaper Articles and Commentary
James D. Cox
Works in Progress
- Resisting the Return to Managerialism: Institutionalizing the Shareholder Voice in the Monitoring Model () (with Randall S. Thomas)
Books
- Business Organizations Law (West, 3d ed. 2011; West Academic Publishing, 4th ed. 2016, 5th ed. 2020) (Hornbook Series) (with Thomas Lee Hazen)
Articles & Essays
- A Revised Monitoring Model Confronts Today's Movement Toward Managerialism, 99 Texas Law Review 1275-1307 () (with Randall S. Thomas)
John M. de Figueiredo
Forthcoming
- Innovation in the U.S. Government, in The Role of Innovation and Entrepreneurship in Economic Growth (Aaron Chatterji, Josh Lerner, Scott Stern, and Michael J. Andrews, eds., ) (with Joshua R. Bruce)
Articles & Essays
- Public Sector Personnel Economics: Wages, Promotions, and the Competence-Control Trade-off, in Employee Inter- and Intra-Firm Mobility: Taking Stock of What We Know, Identifying Novel Insights and Setting a Theoretical and Empirical Agenda 111-148 (Daniel Tzabbar and Bruno Cirillo, eds., ) (with others)
- Quitting in Protest: Presidential Policymaking and Civil Service Response, 15 Quarterly Journal of Political Science 507-538 () (with Charles M. Cameron)
Elisabeth D. de Fontenay
Forthcoming
- The $900 Million Mistake: In re Citibank August 11, 2020 Wire Transfers (S.D.N.Y. Feb. 16, 2021), Capital Markets Law Journal ()
Articles & Essays
- Complete Contracts in Finance, 2020 Wisconsin Law Review 533-552 ()
- Windstream and Contract Opportunism , Capital Markets Law Journal, Advance Articles 1-10 (2020)
- Written Testimony Before the United States House of Representatives Committee on Financial Services Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, “Examining Private Market Exemptions as a Barrier to IPOs and Retail Investment ()
Newspaper Articles and Commentary
Deborah A. DeMott
Forthcoming
- Rogue Brokers and the Limits of Agency Law, in Cambridge Handbook of Investor Protection (Arthur B. Laby, ed., )
Articles & Essays
- Fiduciary Duties on the Temporal Edges of Agency Relationships, in Fiduciary Obligations in Business 23-39 (Arthur B. Laby & Jacob Hale Russell, eds., )
- The Domains of Loyalty: Relationships Between Fiduciary Obligation and Intrinsic Motivation, 62 William & Mary Law Review 1137-1185 ()
- Whistleblowers: Implications for Corporate Governance, 98 Washington University Law Review 1645-1668 ()
- Looking Beyond the Easel: Artists’ Contexts and Resale Payments, 27 Duke Journal of Gender Law & Policy 135-147 ()
Charles J. Dunlap, Jr.
Forthcoming
- Civil-Military Relations, in National Security Law and Policy: A Reader (Melanie Marlowe & Thomas Karako, eds., )
- Why the Military Professionalism: Sky Is Not Falling, in Civil-Military Relations ()
Articles & Essays
- Annie Get Your Gun: The Constitution, Women, and Involuntary Service in Combat, 27 Duke Journal of Gender Law & Policy 149-165 ()
Newspaper Articles and Commentary
- Finding the Right U.S. Defense Leaders, Just Security ()
- Clarifying the Law of Military Orders, CAAFlog ()
- Reasonable People Can Differ on Trump’s Military Justice Actions, Small Wars Journal ()
- Trump’s Military Pardons Not Likely to Hurt Morale, Discipline, Breaking Defense ()
Ofer Eldar
Forthcoming
- A Lawyers' Guide to Empirical Corporate Governance, Stanford Journal of Law, Business, and Finance ()
Works in Progress
- The Rise of Dual-Class Stock IPOs () (with others)
- Common Ownership and Startup Growth () (with others)
- Does Government Play Favorites? Evidence from Opportunity Zones () (with Chelsea Garber)
Articles & Essays
- Common Ownership and Entrepreneurship, 111 AEA Papers and Proceedings 582-586 () (with Jillian Grennan)
- Crisis Poison Pills, 10 Review of Corporate Finance Studies 204-251 () (with Michael D. Wittry)
- Designing Business Forms to Pursue Social Goals, 106 Virginia Law Review 937-1005 ()
- Federal Forum Provisions and the Internal Affairs Doctrine, 10 Harvard Business Law Review 383-434 () (with others)
- Regulatory Competition and the Market for Corporate Law, 12 American Economic Journal: Microeconomics 60-98 () (with Lorenzo Magnolfi)
Newspaper Articles and Commentary
- To Make a Difference, Businesses Must Have a Stake in Social Missions, ProMarket ()
Shane Ellison
Articles & Essays
- Un(avail)able Protection: The Shifting Legal Landscape in the Eighth Circuit and Beyond for Asylum Seekers Fleeing Nonstate Persecution, 25 Bender’s Immigration Bulletin 1061, 1070-1072 () (with Anjum Gupta)
- Unwilling or Unable? The Failure to Conform the Nonstate Actor Standard in Asylum Claims to the Refugee Act, 52 Columbia Human Rights Law Review 441-522 () (with Anjum Gupta)
Kate Evans
Articles & Essays
- Injustice and the Disappearance of Discretionary Detention under Trump: Detaining Low Risk Immigrants without Bond, ILCSS Working Paper # 5 () (with Robert Koulish)
- Manipulating Risk: Immigration Detention Through Automation, 24 Lewis & Clark Law Review 789-855 () (with Robert Koulish)
Newspaper Articles and Commentary
- An Immigration Ruling with Strict Consequences for Some Non-citizens Seeking Deportation Relief, SCOTUSblog ()
- Rebooting America: Immigration, 40 Duke Law Magazine ()
- Argument Analysis: Justices Weigh Mandatory Deportations Based on “Thin Reed” of Minor Crimes, SCOTUSblog ()
Nita A. Farahany
Articles & Essays
- Proof of Vaccination Will Be Very Valuable — and Easy to Abuse ()
Newspaper Articles and Commentary
- The Extent of Employee Surveillance Is Greater Than You Know, Duke Magazine ()
- Criminal Defendants Still Cite a ‘Gene for Violence.’ It Doesn’t Exist, Washington Post () (with Gene E. Robinson)
Gina-Gail S. Fletcher
Articles & Essays
- Deterring Algorithmic Manipulation, 74 Vanderbilt Law Review 259-325 ()
- Equality Metrics, 130 Yale Law Journal Forum 869-915 () (with Veronica Root Martinez)
- Foreign Corruption as Market Manipulation, 2020 University of Chicago Law Review Online 15-25 ()
- Macroeconomic Consequences of Market Manipulation, 83 Law and Contemporary Problems 123-140 ()
Newspaper Articles and Commentary
- Rebooting America: Financial Regulation, 40 Duke Law Magazine ()
Michael D. Frakes
Works in Progress
- Are Constitutional Rights Enough? An Empirical Assessment of Racial Bias in Police Stops () (with Rohit Asirvatham)
- A Prescription for Rising Drug Prices: Enhanced Patent Examination () (with Melissa Wasserman)
- Public and Private Options in Practice: The Military Health System () (with others)
Articles & Essays
- Is Great Information Good Enough? Evidence from Physicians as Patients 75 Journal of Health Economics, Article 102406, 1-20 (2020) (with others)
- Are There as Many Trademark Offices as Trademark Examiners?, 69 Duke Law Journal 1807-1853 () (with Melissa F. Wasserman)
- Defensive Medicine and Obstetric Practices: Evidence from the Military Health System, 17 Journal of Empirical Legal Studies 4-37 () (with Jonathan Gruber)
- Malpractice Liability and Health Care Quality: A Review, 323 JAMA 352-366 () (with others)
- Procrastination at the Patent Office?, 183 Journal of Public Economics 1-12 () (with Melissa F. Wasserman)
- The Effect of Malpractice Law on Physician Supply: Evidence from Negligence-Standard Reforms , 70 Journal of Health Economics, Article 102272, 1-16 (2020) (with others)
Brandon L. Garrett
Forthcoming
- Closing International Law's Innocence Gap, 95 Southern California Law Review () (with others)
- The Law and Science of Eyewitness Evidence, Boston University Law Review () (with Thomas Albright)
- The Transparency of Jail Data, Wake Forest Law Review () (with others)
- Viral Injustice, California Law Review () (with Lee Kovarsky)
- The Trajectory of Federal Gun Crimes, University of Pennsylvania Law Review () (with Jacob D. Charles)
Works in Progress
Books
- Autopsy of a Crime Lab: Exposing the Flaws in Forensics (University of California Press, )
Issues Edited
- Two Decades of Corporate Criminal Enforcement, 83 Law and Contemporary Problems (No. 4, ) (with Samuel W. Buell)
Articles & Essays
- Monitoring Pretrial Reform in Harris County: Second Report of the Court-Appointed Monitor () (with others)
- How Biden Should Prosecute Corporate Crime, The American Prospect - () (reviewing Jed S. Rakoff, Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System (2021) and Jennifer Taub, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (2020))
- Corporate Crimmigration, 2021 University of Illinois Law Review 359-398 ()
- Life Without Parole Sentencing in North Carolina, 99 North Carolina Law Review 279-332 () (with others)
- Monitoring the Misdemeanor Bail Reform Consent Decree in Harris County, Texas, 105 Judicature 41-47 () (with Sandra Guerra Thompson)
- Prosecutors Post-Conviction, in The Oxford Handbook of Prosecutors and Prosecution (Ronald F. Wright, Kay L. Levine, and Russell M. Gold, eds., )
- Monitoring Pretrial Reform in Harris County: First Sixth Month Report of the Court-Appointed Monitor () (with Sandra Guerra Thompson)
- Advancing Social and Racial Justice Through Bail Reform, 58 The Houston Lawyer 14-16 () (with Sandra Guerra Thompson)
- Board Compliance, 104 Minnesota Law Review 1191-1273 () (with others)
- Changing the Law to Change Policing: First Steps () (with others)
- COVID-19 and Criminal Justice, 2020 The University of Chicago Law Review Online 1-3 () (with Valena E. Beety)
- Declining Corporate Prosecutions, 57 American Criminal Law Review 109-155 ()
- Driven to Failure: An Empirical Analysis of Driver's License Suspension in North Carolina, 69 Duke Law Journal 1585-1641 () (with William E. Crozier)
- Error Rates, Likelihood Ratios, and Jury Evaluation of Forensic Evidence, 65 Journal of Forensic Sciences 1199-1209 () (with others)
- Factoring the Role of Eyewitness Evidence in the Courtroom, 17 Journal of Empirical Legal Studies 556-579 () (with others)
- Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 () (with others)
- Judging Risk, 108 California Law Review 439-493 () (with John Monahan)
- Juvenile Life Without Parole in North Carolina, 110 Journal of Criminal Law and Criminology 141-179 () (with others)
- Misplaced Constitutional Rights, 100 Boston University Law Review 2085-2131 ()
- Open Risk Assessment, 38 Behavioral Sciences & the Law 279-286 () (with Megan T. Stevenson)
- Risk Assessment in Sentencing and Plea Bargaining: The Roles of Prosecutors and Defense Attorneys, 38 Behavioral Sciences & the Law 1-11 () (with others)
- Testing Compliance, 83 Law and Contemporary Problems 47-84 () (with Gregory Mitchell)
- The Costs and Benefits of Forensics, 57 Houston Law Review 593-616 ()
- The Explosion of Unpaid Criminal Fines and Fees in North Carolina () (with others)
- The Law on Police Use of Force in the United States, 21 German Law Journal 1526-1540 () (with Christopher Slobogin)
- The Path of FCPA Settlements, in Negotiated Settlements in Bribery Cases: A Principled Approach 25-41 (Tina Søreide & Abiola Makinwa, eds., )
- Two Decades of Corporate Criminal Enforcement, 83 Law and Contemporary Problems i-v () (with Samuel W. Buell)
- Undeliverable: Suspended Driver's Licenses and the Problem of Notice, 4 UCLA Criminal Justice Law Review 185-198 () (with others)
- Valid or Voodoo? A Qualitative Study of Attorney Perceptions of Risk Assessment in Sentencing and Plea Bargaining, 48 Journal of Community Psychology 2053-2068 () (with others)
- Virtual Criminal Courts, 2020 The University of Chicago Law Review Online 57-69 () (with others)
- Wrongful Convictions, 3 Annual Review of Criminology 245-259 ()
Rachel Gordon
Articles & Essays
- Access Services, in Introduction to Law Librarianship (Zanada Joyner & Cas Laskowski, eds., ) (with Jill A. Sturgeon)
Anne Gordon
Articles & Essays
- Better Than Our Biases: Using Psychological Research to Inform Our Approach to Effective, Inclusive Feedback, 27 Clinical Law Review 195-252 ()
Newspaper Articles and Commentary
- It’s Grading Season! Have You Checked Your Bias?, Best Practices for Legal Education Blog ()
- Debias Yourself to Debias Your Teaching, Inside Higher Ed ()
Crystal Grant
Articles & Essays
- Special Education by Zip Code: Creating Equitable Child Find Policies, 52 Loyola University Chicago Law Journal 127-177 ()
Sara Sternberg Greene
Works in Progress
Articles & Essays
- Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 () (with others)
- Working to Fail, 27 Duke Journal of Gender Law & Policy 167-178 ()
Newspaper Articles and Commentary
- How to Stop Evictions From Further Ruining Lives, The New York Times () (with Barbara Kiviat)
- Rebooting America: Consumer Protection, 40 Duke Law Magazine ()
- How Government Rules Prevent Poor Americans From Saving, Politico () (with Pamela Foohey)
- Coronavirus, refundable tax credits and the poverty line, The Hill () (with Lawrence Zelenak)
- Bankruptcy Courts Ill-Prepared for Tsunami of People Going Broke From Coronavirus Shutdown, The Conversation () (with others)
Lisa Kern Griffin
Forthcoming
- Lying, Truth-Seeking, and the Law of Questioning (Cambridge University Press, )
Articles & Essays
- Sandra Day O’Connor’s "First" Principles: A Constructive Vision for an Angry Nation, 120 Columbia Law Review 2017-2036 () (reviewing Evan Thomas, First: Sandra Day O’Connor (2019))
Newspaper Articles and Commentary
- Symposium: Procedural Equality in Ginsburg’s Criminal Justice Decisions, SCOTUSblog ()
- Why Republicans Are Refusing to Testify, The Atlantic ()
Ben K. Grunwald
Forthcoming
- Toward an Optimal Decarceration Strategy, 33 Stanford Law & Policy Review ()
Articles & Essays
- The Wandering Officer, 129 Yale Law Journal 1676-1782 () (with John Rappaport)
Newspaper Articles and Commentary
- It Will Take More Than the George Floyd Justice in Policing Act To Fix Our Broken System, Washington Post () (with John Rappaport)
Laurence R. Helfer
Forthcoming
- LGBT Rights as Mega-Politics: Litigating Before the ECtHR, 84 Law and Contemporary Problems () (with Clare Ryan)
- Closing International Law's Innocence Gap, 95 Southern California Law Review () (with others)
- Contesting LGBT Rights Before Supranational Courts: Evidence From Third Party Submissions to the ECtHR, in International Adjudicators & Megapolitics () (with Clare Ryan)
Articles & Essays
- Rethinking Derogations from Human Rights Treaties, 115 American Journal of International Law 20-40 ()
- Copyright Exceptions Across Borders: Implementing the Marrakesh Treaty, 42 European Intellectual Property Review 332-340 () (with others)
- Introduction to “The International Legal Order and the Global Pandemic”, 114 American Journal of International Law 571-577 () (with Curtis A. Bradley)
- Populism and International Human Rights Law Institutions: A Survival Guide, in Human Rights in a Time of Populism: Challenges and Responses 218-249 (Gerald L. Neuman, )
- Terminating Treaties, in The Oxford Guide to Treaties 624-640 (Duncan Hollis, ed., )
- The New Innovation Frontier Revisited: Intellectual Property and the European Court of Human Rights, in Intellectual Property Law and Human Rights (Paul L.C. Torremans, ed., )
- Walking Back Human Rights in Europe?, 31 European Journal of International Law 797-827 () (with Erik Voeten)
Donald L. Horowitz
Books
- Constitutional Processes and Democratic Commitment (Yale University Press, )
Jayne Huckerby
Forthcoming
- Closing International Law's Innocence Gap, 95 Southern California Law Review () (with others)
- Feminist Theories of International Law, in Elgar Encyclopedia of Human Rights (Christina Binder, Manfred Nowak, Jane A. Hofbauer and Philipp Janig, eds., )
Articles & Essays
- In Harm’s Way: Gender and Human Rights in National Security, 27 Duke Journal of Gender Law & Policy 179-202 ()
Newspaper Articles and Commentary
- When Terrorists Traffic Their Recruits, Just Security ()
- Families in the Crosshairs of National Security, Just Security () (with Fionnuala Ní Aoláin)
- Pompeo’s “Rights Commission” Is Worse Than Feared: 7 Concerns to Watch, Just Security () (with Sarah Knuckey)
- Pompeo’s “Rights Commission” is Worse Than Feared: Part I, Just Security () (with Sarah Knuckey)
Jennifer Jenkins
Forthcoming
- Music Copyright, Creativity, and Culture (Oxford University Press, )
Books
- Intellectual Property: Law & the Information Society: Cases & Materials (Center for the Study of the Public Domain, 1st ed. 2014, 2d ed. 2015, 3d ed. 2016; CreateSpace, 4th ed. 2018, 5th ed. 2021) (with statutory supplement 2014, 2015, 2016 & 2019) (with James Boyle)
Articles & Essays
- Mark of the Devil: The University as Brand Bully, 31 Fordham Intellectual Property, Media & Entertainment Law Journal 391-466 () (with James Boyle)
Trina Jones
Articles & Essays
- Commentary on Meritor Savings Bank, FSB v. Vinson, in Feminist Judgments: Rewritten Employment Discrimination Opinions 215-227 (Ann C. McGinley & Nicole B. Porter, )
- Genetic Race? DNA Ancestry Tests, Racial Identity, and the Law, 120 Columbia Law Review 1929-2016 () (with Jessica L. Roberts)
- Me Too? Race, Gender, and Ending Workplace Sexual Harassment, 27 Duke Journal of Gender Law & Policy 203-225 () (with Emma E. Wade)
Newspaper Articles and Commentary
- 'Too Often Overlooked': Black Women Are Nearly Absent From the Federal Bench—It's Time to Change That, Law.com () (with Catherine Smith)
- What Do We Teach Our Students About Law and Justice?, Medium () (with Kimberly Jade Norwood)
Margaret H. Lemos
Books
- Judicial Decision-Making: A Coursebook (West Academic Publishing, ) (with others)
David F. Levi
Articles & Essays
- Foreword: Innovations in Complex Litigation and Settlement, 84 Law and Contemporary Problems i-iii () (with others)
- From Judge to Dean and Back Again: Reflections on Transitions, 59 The Judges' Journal 4-7 ()
Newspaper Articles and Commentary
- 2020 Election Litigation: The Courts Held, 105 Judicature (8-13) (with others)
- Judicial Independence: Threats Foreign and Domestic, 105 Judicature ((12-20) (with others)
Marin K. Levy
Forthcoming
- The Office of the Chief Judge, 169 University of Pennsylvania Law Review () (with Jon O. Newman)
Works in Progress
- The Administration of the Federal Courts of Appeals () (with Jon O. Newman)
- Judicial Secrecy () (with Dan Epps)
Articles & Essays
- The Need for New Lower Court Judgeships, 30 Years in the Making: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Internet of the House Committee on the Judiciary, 117th Cong. (Feb. 24, 2021) ()
- The Promise of Senior Judges, 115 Northwestern University Law Review 1227-1260 ()
- Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 () (with others)
- Interbranch Information Sharing: Examining the Statutory Opinion Transmission Project, 108 California Law Review 917-940 () (with Tejas N. Narechania)
- Packing and Unpacking State Courts?, 61 William & Mary Law Review 1121-1158 ()
Newspaper Articles and Commentary
- The Status of Non-Binding Authority, Jotwell ()
- Republicans Have Already Packed State Supreme Courts, Washington Post ()
Nicole Ligon
Forthcoming
- SLAPP Slop: Fixing the Sloppy Anti-SLAPP Statutory Regimes, Albany Law Review ()
- Virtual Assault, University of Illinois Law Review ()
Articles & Essays
- Protecting Local News Outlets from Fatal Litigation Expenses, 95 New York University Law Review Online 280-302 ()
Ryke Longest
Articles & Essays
- Reconciling Environmental Justice with Climate Change Mitigation: A Case Study of NC Swine CAFOs, 21 Vermont Journal of Environmental Law 523-543 () (with D. Lee Miller)
H. Timothy Lovelace, Jr.
Forthcoming
- The World is on Our Side: The U.S. and the U.N. Race Convention (Cambridge University Press, )
- Civil Rights as Human Rights , Duke law Journal ()
Articles & Essays
- Of Protest and Property: An Essay in Pursuit of Justice for Breonna Taylor, 116 Northwestern Law Review Online 23-40 ()
- “To Restore the Soul of America”: How Domestic Anti-Racism Might Fuel Global Anti-Racism, 115 AJIL Unbound 63-68 ()
Newspaper Articles and Commentary
- Rebooting America: Civil Rights, 40 Duke Law Magazine ()
Darrell A. H. Miller
Forthcoming
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law (Oxford University Press, ) (editor with others)
Issues Edited
- Gun Rights and Regulation Outside the Home, 83 Law and Contemporary Problems (No. 3, ) (with others)
Articles & Essays
- Pointing Guns, 99 Texas Law Review 1173-1200 () (with others)
- Second Amendment Equilibria, 116 Northwestern University Law Review 239-273 ()
- Tainted Precedent, 74 Arkansas Law Review 291-296 ()
- The City’s Second Amendment, 106 Cornell Law Review 677-744 () (with Dave Fagundes)
- Constitutional Pronouns, 27 Duke Journal of Gender Law & Policy 227-234 ()
- The Geography of a Constitutional Right: Gun Rights Outside the Home, 83 Law and Contemporary Problems i-vii () (with others)
Newspaper Articles and Commentary
- The Reconstruction Amendments’ Canonical Texts, Balkinization ()
- SCOTUS Taking up 2nd Amendment Case Could Mean Cuts to Broad Swaths of Gun Regulation, TPM Cafe () (with Joseph Blocher)
- “Lineal Descendant” Analysis in Second Amendment Litigation, Harvard Law Review Blog ()
- How to Safeguard Progressive Legislation Against the Supreme Court: Poison Pills, Washington Post () (with Aziz Huq)
- Gun Laws Were Meant to Ban Private Militants. Now, Our Hands are Tied., Washington Post ()
- A Simplistic Interpretation of "Defund the Police" May Embolden Vigilantes, Newsday ()
Madeline Morris
Forthcoming
- Combatants, Brigands, and Rebels: The Law of Transnational Terrorism (Oxford University Press, )
Michelle Benedict Nowlin
Articles & Essays
- The County of Maui Decision Confirms the Meaning of the Clean Water Act - and the English Language, 52 Trends 2-4 () (with others)
H. Jefferson Powell
Articles & Essays
- Judges as Superheroes: The Danger of Confusing Constitutional Decisions with Cosmic Battles, 72 South Carolina Law Review 917-948 ()
- Law as a Language, Law as an Art: Reflections on James Boyd White’s Keep Law Alive, 10 British Journal of American Legal Studies 154-170 ()
Newspaper Articles and Commentary
- History Tells Us Black Americans Need Better Legal Protection, Law360 ()
Shitong Qiao
Forthcoming
- The Authoritarian Commons: Divergent Paths of Neighborhood Democratization in Urban China (Cambridge University Press, )
- The Authoritarian Commons: Divergent Paths of Neighborhood Democratization in Three Chinese Megacities, American Journal of Comparative Law ()
Articles & Essays
- Legal Doctrine and Judicial Review of Eminent Domain in China, 46 Law and Social Inquiry 826-859 () (with Wenzheng Mao)
Newspaper Articles and Commentary
- Development Rights for All, 1 USALI Perspectives () (with Roderick M. Hills, Jr.)
Arti K. Rai
Forthcoming
- Post-Grant Adjudication of Drug Patents: Agency and/or Court, Berkeley Technology Law Journal () (with others)
Articles & Essays
- An Administrative Fix for Manufacturing Process Patent Thicket, 39 Nature Biotechnology 20-22 () (with W. Nicholson Price)
- Clearing Opacity Through Machine Learning, 106 Iowa Law Review 775-812 () (with W. Nicholson Price II)
- Trust, But Verify: Informational Challenges Surrounding AI-Enabled Clinical Decision Software () (with others)
- Accountability, Secrecy, and Innovation in AI-Enabled Clinical Decision Software, 7 Journal of Law and the Biosciences 1-26 () (with others)
- Expanding Access and Reducing Prices for Drugs to Prevent HIV: Should Government Enforce Its Patent Rights Against the Pharmaceutical Industry?, 323 JAMA 821-822 () (with Lawrence O. Gostin)
- Knowledge Transfer for Large-Scale Vaccine Manufacturing, 369 Science 912-914 () (with others)
Newspaper Articles and Commentary
- Rebooting America: Innovation Policy, 40 Duke Law Magazine ()
- Acknowledging the Public Role in Private Drug Development: Lessons From Remdesivir, STAT () (with Justin Hughes)
- Expanding Access and Reducing Prices for Drugs to Prevent HIV: Should Government Enforce Its Patent Rights Against the Pharmaceutical Industry?, 323 JAMA ( 821-822) (with Lawrence O. Gostin)
Sarah Bloom Raskin
Newspaper Articles and Commentary
- Changing the Climate of Financial Regulation, Project Syndicate ()
Jerome H. Reichman
Articles & Essays
- Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic, 23 Journal of International Economic Law () (with Frederick M. Abbott)
- WIPO’s Role in Procedural and Substantive Patent Law Harmonization, in Research Handbook on the World Intellectual Property Organization: The First 50 Years and Beyond 108-130 (Sam Ricketson, ed., ) (with Rochelle Cooper Dreyfuss)
Lee Reiners
Newspaper Articles and Commentary
- Ban Cryptocurrency to Fight Ransomware, Wall Street Journal ()
Barak D. Richman
Forthcoming
- Macromedical Regulation, 82 Ohio State Law Journal () (with Steven L. Schwarcz)
Works in Progress
- Cutting the Gordian Knot of Employee Health Care Benefits and Costs: A Corporate Model Built on Employee Choice () (with Regina Herzlinger)
- Thinking Outside the Box (12): The Benefits of Increased Transparency in Employer-Sponsored Health Insurance for the 180 Million Insured () (with Regina Herzlinger)
Articles & Essays
- Will CMS Find Aducanumab Reasonable and Necessary for Alzheimer Disease After FDA Approval?, JAMA () (with others)
- New Institutional Economics, in Oxford Handbook of New Private Law (Andrew S. Gold et al. eds., )
Newspaper Articles and Commentary
- The No Surprises Act and Informed Financial Consent, The New England Journal of Medicine () (with others)
- A Cancer Patient’s Brutal Commute, Wall Street Journal () (with Ateev Mehrotra)
- Preparing Hospitals for the Next Pandemic, Harvard Business Review () (with Regina Herzlinger)
- How to Quiet the Megaphones of Facebook, Google and Twitter, Wall Street Journal () (with Francis Fukuyama)
- How to Save Democracy From Technology: Ending Big Tech’s Information Monopoly, Foreign Affairs () (with others)
- Surprise Medical Bills Continue During Coronavirus Time, and Congress Still Misses Major Points, The Conversation ()
- Early Lessons From COVID-19 We Already Should Have Learned () (with Thomas P. Miller)
Stephen E. Roady
Articles & Essays
- Regulating the Common Heritage of Mankind: Challenges in Developing a Mining Code for the Area, in Global Challenges and the Law of the Sea 333-349 (Marta Chantal Ribeiro, Fernando Loureiro Bastos & Tore Henriksen, eds., ) (with Hannah Lily)
- The County of Maui Decision Confirms the Meaning of the Clean Water Act - and the English Language, 52 Trends 2-4 () (with others)
Thomas D. Rowe, Jr.
Books
- Civil Procedure (Foundation Press, 1st 2004, 2d ed. 2008, 3d ed. 2012, 4th ed. 2016, 5th ed. ) (with others)
Articles & Essays
- Reign of Error: District Courts Misreading the Supreme Court over Rooker–Feldman Analysis, 17 Legal Communication & Rhetoric: JALWD 1-14 () (with Edward L. Baskauskas)
Richard L. Schmalbeck
Forthcoming
- Substance Over Form in Transfer Tax Adjudication, Loyola of Los Angeles Law Review () (with Jay Soled)
Steven L. Schwarcz
Forthcoming
- Regulating Digital Currencies: Towards an Analytical Framework, Boston University Law Review ()
- The Inequities of Equitable Subordination, 96 American Bankruptcy Law Journal ()
- Insuring the 'Uninsurable': Catastrophe Bonds, Pandemics, and Risk Securitization, 99 Washington University Law Review ()
- Macromedical Regulation, 82 Ohio State Law Journal () (with Barak D. Richman)
- Protecting Financial Stability: Lessons from the Coronavirus Pandemic, Harvard Business Law Review () (with Howell E. Jackson)
Works in Progress
- Adjudicating Business and Commercial Disputes: Fixing Failures () (with Nicole Phillips)
- University of Leeds School of Law 2021 Liberty Fellowship Address, Regulating Digital Currencies: Central Bank-Sponsored and Stablecoins ()
- Restructuring Sovereign Debt by Incorporating Soft Law as Governing Law or by Reference ()
- Insolvency Close-Out Netting ()
- Pandemics and Systemic Financial Risk () (with Howell E. Jackson)
Issues Edited
- Financial Inclusion, Access to Credit, and Sustainable Finance, 84 Law and Contemporary Problems (No. 1, ) (with others)
Articles & Essays
- Central Bank Digital Currencies and Law, in The (Near) Future of Central Bank Digital Currencies: Risks and Opportunities for the Global Economy and Society 99-112 (Nicola Bilotta & Fabrizio Botti, eds., )
- Corporate Restructuring Under Relative and Absolute Priority Default Rules: A Comparative Assessment, 2021 University of Illinois Law Review 1-36 () (with Jonathan M. Seymour)
- Examining Indenture Trustee Duties, in Fiduciary Obligations in Business 93-110 (Arthur B. Laby & Jacob Hale Russell, eds., )
- Financial Inclusion, Access to Credit, and Sustainable Finance, 84 Law and Contemporary Problems i-v () (with others)
- Regulating Financial Guarantors, 11 Harvard Business Law Review 159-192 ()
- Scoping and Defining Financial Inclusion, Access to Credit, and Sustainable Finance, 84 Law and Contemporary Problems 1-15 () (with Theodore L. Leonhardt)
- Using Risk Securitization to Insure Against Pandemic-Related Risk, Policy Brief ()
- Regulating Derivatives: A Fundamental Rethinking, 70 Duke Law Journal 545-606 ()
- Soft Law as Governing Law, 104 Minnesota Law Review 2471-2514 ()
- TePoel Lecture: Bond Trustees, and the Rising Challenge of Activist Investors, 53 Creighton Law Review 669-681 ()
Michael E. Tigar
Books
- Sensing Injustice: A Lawyer's Life in the Battle for Change (Monthly Review Press, )
Articles & Essays
- The Point Is to Change It, 73 Monthly review () (reviewing Roxanne Dunbar-Ortiz, An Indigenous People’s History of the United States (2015), David Vine, The United States of War: A Global History of America’s Endless Conflicts, From Columbus to the Islamic State (2021))
Jeff Ward
Issues Edited
- Black Box Artificial Intelligence and the Rule of Law, 84 Law and Contemporary Problems (No. 3, ) (with others)
Articles & Essays
- Foreword: Black Box Artificial Intelligence and the Rule of Law, 84 Law and Contemporary Problems i-v ()
- Digging into Algorithms: Legal Ethics and Legal Access, 21 Nevada Law Journal 325-377 () (with Carla L. Reyes)
Jane R. Wettach
Works in Progress
Articles & Essays
- Insights Into Due Process Reform: A Nationwide Survey of Special Education Attorneys, 20 Connecticut Public Interest Law Journal 239-288 () (with Bailey K. Sanders)
Jonathan B. Wiener
Forthcoming
- Co-Benefits, Countervailing Risks, and Cost-Benefit Analysis, in Human and Ecological Risk Assessment: Theory and Practice (Dennis Paustenbach, ed., ) (with others)
- Comparing Environmental Risk Regulations in China and the United States, Risk Analysis () (with others)
- Institutional Roles and Goals for Retrospective Regulatory Analysis, Journal of Benefit-Cost Analysis () (with Lori S. Bennear)
Articles & Essays
- Agenda Setting at EPA, in Fifty Years at the U.S. Environmental Protection Agency: Progress, Retrenchment, and Opportunities 485-522 (A. James Barnes, John D. Graham & David Konisky, eds., ) (with John D. Graham)
- Disregard and Due Regard, 29 NYU Environmental Law Journal 437-469 ()
- Periodic Review of Agency Regulation: Report for the Administrative Conference of the United States () (with Lori S. Bennear)
- Learning to Manage the Multirisk World , 40 Risk Analysis S1, 2137-2143 (2020)
Newspaper Articles and Commentary
- “Gotta Catch ’em All”, Yale Journal on Regulation: Notice & Comment ()
- Rebooting America: Administrative Law and Risk Regulation, 40 Duke Law Magazine ()
Ernest A. Young
Forthcoming
- Unpacking Third-Party Standing, Yale Law Journal () (with Curtis A. Bradley)
Articles & Essays
- Chaos, Accomplishment, and Work, or, What I Learned on Paternity Leave, 27 Duke Journal of Gender Law & Policy 269-277 ()
- Smoke Next Time: Nullification, Commandeering, and the Future of Marijuana Regulation, in Marijuana Federalism: Uncle Sam and Mary Jane 85-102 (Jonathan H. Adler, ed., )
Lawrence A. Zelenak
Articles & Essays
- “We Will See That You Are Troubled Right Along”: Women and the Politics of the Early Federal Income Tax, 27 Duke Journal of Gender Law & Policy 279-295 ()
Alex Zhang
Forthcoming
- Global Animal Law Research: Strategies and Resources (Carolina Academic Press, ) (editor with K. Ott)
Articles & Essays
- Taiwan, in Foreign Law Guide ()
- The Gaps Model and Faculty Services: Quality Analysis Through a “New” Lens, 112 Law Library Journal 95-115 () (with Sherry Xin Chen)
Newspaper Articles and Commentary
- Asian Legal Responses to COVID-19 , Asian Legal Responses to COVID-19 (issue 1, June 2020-) (with Sherry Chen, project co-coordinator)
- Resource Reviews: China Law Translate, 34 FCIL Newsletter (1-3)