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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
- The Social Benefits of Control, 74 Duke Law Journal ()
Katharine T. Bartlett
Books
- Gender Law and Policy (Aspen Publishing, 4th ed. ) (with others)
- Gender and Law: Theory, Doctrine, Commentary (Aspen Publishing, 9th ed. ) (with others)
Jennifer L. Behrens
Articles & Essays
- A Great American Gun Myth: Race and the Naming of the "Saturday Night Special", 108 Minnesota Law Review Headnotes 293-313 () (with Joseph Blocher)
Newspaper Articles and Commentary
- Timeline of “Terror”: Provenance of the “Blue John Gap” Autograph Manuscript, Terror of Blue John Gap Project ()
Stuart M. Benjamin
Books
- Internet and Telecommunication Regulation (Carolina Academic Press, 2019 (with James B. Speta), 2nd ed., 2023 (with Barak D. Richman & James B. Speta))
Articles & Essays
- Anti-Patents, 91 University of Chicago Law Review 239-277 () (with others)
- Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts, 1 Journal of Law and Empirical Analysis 1-13 () (with others)
- Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions, 49 Brigham Young University Law Review 367-463 () (with others)
Newspaper Articles and Commentary
- Donald Trump Promising a Position to RFK Jr. Isn't Illegal, Volokh Conspiracy ()
- The Supreme Court's Reasoning Prohibits the Deplatforming Limits That the Parties Care About, Volokh Conspiracy ()
Donald H. Beskind
Books
- Problems in Trial Advocacy (NITA, 2006, 2007, 2011, 2013, 2015, 2017, 2019, 2021, ) (with Anthony J. Bocchino)
Articles & Essays
- Social Cognitive Processes Explain Bias in Juror Decisions , 18 Social Cognitive and Affective Neuroscience, article nsac057, 1-11 (2023) (with others)
Joseph Blocher
Forthcoming
- The Second Amendment: Gun Rights and Regulation (Foundation Press, ) (with others)
- 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 () (with others)
- The Role of Speech Institutions When Both Speech and Institutions Are Threatened, in The Elgar Companion to Free Expression (Ashutosh Bhagwat & Alan Chen eds., )
- Law, Markets, and the Technology of Violence: Obstacles to Gun Safety Innovation, Texas Law Review () (with Christopher Buccafusco)
Books
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Oxford University Press, ) (editor with others)
Articles & Essays
- A Great American Gun Myth: Race and the Naming of the "Saturday Night Special", 108 Minnesota Law Review Headnotes 293-313 () (with Jennifer L. Behrens)
- Firearm Policy in the Hospital Setting—Recognizing Health Care as a “Sensitive Place”, 332 JAMA 658-661 () (with others)
- Originalism and Historical Fact-Finding, 112 Georgetown Law Journal 699-748 () (with Brandon L. Garrett)
- Safe Storage Laws and Self-Defense from Heller to Bruen , 102 North Carolina Law Review 1353-1380 ()
- Originalism-by-Analogy and Second Amendment Adjudication, 133 Yale Law Journal 99-174 () (with Eric Ruben)
- Firearms Law and History in a New Doctrinal Era, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 1-8 (Joseph Blocher, Jacob D. Charles & Darrell A. H. Miller eds., ) (with others)
- Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 131-147 (Joseph Blocher, Jacob D. Charles & Darrell A. H. Miller eds., ) (with Caitlan Carberry)
- Fact Stripping, 73 Duke Law Journal 1-65 () (with Brandon L. Garrett)
- Firearms Law and Scholarship Beyond Bullets and Bodies, 19 Annual Review of Law and Social Science 165-177 () (with others)
- "A Map Is Not the Territory”: The Theory and Future of the Sensitive Places Doctrine, 98 New York University Law Review Online 438-452 () (with others)
- Autonomy and Disciplinarity: Can Pseudoprofessional Speakers Select Their Own Constitutional Categorization?, 103 Boston University Law Review 831-836 ()
- Does the Second Amendment Make Gun Politics Obsolete?, 55 Polity 363-370 () (with Andrew Willinger)
- Guided By History: Protecting the Public Sphere From Weapons Threats Under Bruen, 98 New York University Law Review 1795-1830 () (with Reva B. Siegel)
- Manufacturing Outliers, 2022 Supreme Court Review 49-79 () (with Darrell A.H. Miller)
Newspaper Articles and Commentary
- Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Christopher Buccafusco)
- “Murder the Media”: Press Freedom, Violence, and the Public Sphere, Knight First Amendment Institute Blog ()
- Gun Rights and Domestic Violence in Rahimi—Whose Traditions Does the Second Amendment Protect?, Balkinization () (with Reva Siegel)
- Appraising Sandy’s Call to “Arms”: Success in the Academy … Not So Much in the Courts, Balkinization ()
James Boyle
Forthcoming
- The Line: AI and the Future of Personhood (MIT 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, 4th ed. 2018, 5th ed. 2021, 6th ed. 2024) (with statutory supplement 2014, 2015, 2016 & 2019) (with Jennifer Jenkins)
Newspaper Articles and Commentary
- The Unperson Of 2023, Techdirt ()
- Misunderestimating Openness, Paradox of Open: Responses, Open Future ()
Rachel Brewster
Articles & Essays
- Arbitrating Corruption, 101 Washington University Law Review 923-960 ()
- A New Global Corporate Regulatory Power?: Market Entry as the Basis for Prescriptive Jurisdiction, 2023 University of Chicago Legal Forum 59-86 ()
- Paths Forward in International Economic Law: The Restoration of the Appellate Body or a Return to the GATT?, in New Trends in International Law: Festschrift in Honour of Judge Hisashi Owada 429-442 (Chia-Jui Cheng ed., )
- Flexible Institution Building in the International Anti-Corruption Regime: Proposing a Transnational Asset Recovery Mechanism, 117 American Journal of International Law 559-600 () (with others)
Chris Buccafusco
Forthcoming
- Trade Secrecy's Information Paradox, 100 Notre Dame Law Review () (with others)
- Law, Markets, and the Technology of Violence: Obstacles to Gun Safety Innovation, Texas Law Review () (with Joseph Blocher)
Articles & Essays
- Antisocial Innovation, 58 Georgia Law Review 573-661 () (with Samuel N. Weinstein)
- Competition and Congestion in Trademark Law, 102 Texas Law Review 437-494 () (with others)
- Of Bass Notes and Base Rates: Avoiding Mistaken Inferences About Copying, 61 Houston Law Review 235-260 () (with Rebecca Tushnet)
- The Price of Fairness , 84 Ohio State Law Journal 389-491 () (with others)
- There's No Such Thing as Independent Creation, and It's a Good Thing, Too, 64 William & Mary Law Review 1617-1676 ()
Newspaper Articles and Commentary
- Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Joseph Blocher)
- How Copyright Is Killing Creativity — Except Taylor Swift’s, The Hill () (with Glynn S. Lunney, Jr.)
- Can Neuroscience Fix Trademark Surveys?, JOTWELL () (reviewing Zhihao Zhang, Maxwell Good, Vera Kulikov, Femke van Horen, Mark Bartholomew, Andrew S. Kayser & Ming Hsu, From Scanner to Court: A Neuroscientifically Informed "Reasonable Person" Test of Trademark Infringement, 9 Science Advances 1 (2023))
- How Ed Sheeran's Serenade May Have Swayed the Jury, Law360 ()
Samuel W. Buell
Forthcoming
- The Limits of Individual Prosecutions in Deterring Corporate Fraud, 59 Wake Forest Law Review ()
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, 1st ed. 2021, 2nd ed. 2022, 3rd ed. )
Articles & Essays
- Corporate Criminal Liability, in Research Handbook on Corporate Liability 100-115 (Martin Petrin & Christian Witting eds., )
Newspaper Articles and Commentary
- The Supreme Court Assumes Joe Biden Won’t Abuse Its Horrific Immunity Ruling, Slate () (with Darrell A.H. Miller)
- The One Story About Trump That Jack Smith Needs to Tell at the Supreme Court, Slate () (with Darrell A. H. Miller)
Doriane Coleman
Books
- On Sex and Gender: A Commonsense Approach (Simon & Schuster, )
Articles & Essays
- Case Studies in Physiology: Male To Female Transgender Swimmer in College Athletics, 134 Journal of Applied Physiology 1032-1037 () (with others)
Newspaper Articles and Commentary
- Wrong About Me and Wrongheaded About Duke, Chronicle (Duke) ()
- Why Elite Women’s Sports Need to Be Based on Sex, Not Gender, Washington Post ()
- XY Athletes in Women’s Olympic Boxing: The Paris 2024 Controversy Explained, Quillette ()
- Title IX Sports Are Booming. They’re Also a Legal House of Cards, The Hill ()
- Why Biden’s New School-Sports Rule Matters, The Atlantic ()
James E. Coleman, Jr.
Newspaper Articles and Commentary
- Our Courts Are Plagued With Inequality. Judges Have a Chance to Address It., Charlotte Observer () (with Emily Coward)
James D. Cox
Articles & Essays
- Brief of Law and Business Professors as Amici Curiae in Support of Respondents , Macquarie Infrastructure Corp. v. Moab Partners, L.P., et al., No. 22-1165 (U.S. Dec. 20, 2023) (with others)
- SOX's Impact on the Quality of Financial Reporting, 78 Business Lawyer 685-704 ()
- Addendum: Recent Developments in the “Tools at Hand” Doctrine, in Research Handbook on Shareholder Inspection Rights 249-257 (Randall S. Thomas, Paolo Giudici, and Umakanth Varottil, ) (with Randall S. Thomas)
John M. de Figueiredo
Works in Progress
Articles & Essays
- How Do Inventors’ Political Preferences Affect Innovation?, 2023 Academy of Management Proceedings () (with others)
Elisabeth D. de Fontenay
Forthcoming
- Research Handbook on the Structure of Private Equity and Venture Capital (Edward Elgar Publishing, ) (editor with Brian Broughman)
- The Credit Markets Go Dark, 134 Yale Law Journal () (with Jared A. Ellias)
Works in Progress
- Corporate Governance and the Rise of the Private Markets ()
- The Dry Powder Problem ()
- The Value of M&A Drafting () (with others)
Articles & Essays
- Law and Courts in an Age of Debt, 171 University of Pennsylvania Law Review 2025-2057 () (with Jared A. Ellias)
- Side Letter Governance, 100 Washington University Law Review 907-994 () (with Yaron Nili)
- The Use of Debt in Corporate Finance, in Corporate Law and Economics 179-206 (Adam B. Badawi ed., )
Deborah A. DeMott
Articles & Essays
- Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, in The American Law Institute: A Centennial History 75-97 (Andrew S. Gold & Robert W. Gordon eds., )
Charles J. Dunlap, Jr.
Forthcoming
- The Law of War and 'Dual Use' Commercial Satellites, in The Nexus of Commercial and National Security Space ()
Articles & Essays
- Return to Sender?: Analyzing the 'Open Letter' on Civilian Control of the Military, 15 Harvard National Security Journal 77-118 ()
Newspaper Articles and Commentary
- Book Reviews: Airpower in the War Against ISIS, 112 Joint Force Quarterly (, at 122) (reviewing Benjamin S. Lambeth, Airpower in the War Against ISIS (2021))
Shane Ellison
Articles & Essays
- The Toll Paid When Adjudicators Err: Reforming Appellate Review Standards for Refugees, 38 Georgetown Immigration Law Journal 143-206 ()
Kate Evans
Articles & Essays
- Documentation Status and Self-Rated Physical Health Among Latinx Young Adult Immigrants: the Mediating Roles of Immigration and Healthcare Stress, 10 Journal of Racial and Ethnic Health Disparities 761-774 () (with others)
Nita A. Farahany
Works in Progress
- U.S. State Laws on the Determination of Death by Neurologic Criteria () (with others)
Books
- The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology (St. Martin's Press, )
Articles & Essays
- Neurotech at Work, in The Year in Tech, 2024: The Insights You Need From Harvard Business Review ()
Newspaper Articles and Commentary
- Congress Is Right to Want to Curtail Tiktok’s Power and Influence, The Guardian ()
- The Battle for Your Brain: A Legal Scholar’s Argument for Protecting Brain Data and Cognitive Liberty, 107 Judicature (, at 44) (with Paul W. Grimm)
- Human Values in a Digital Age, 382 Science (, at 523) (reviewing Wendy H. Wong, We, the Data: Human Rights in the Digital Age (2023))
- 'Cognitive Liberty' Is the Human Right We Need to Talk About, Time ()
- This Is the Battle for Your Brain at Work, Fast Company ()
- TikTok Is Part of China’s Cognitive Warfare Campaign, Guardian ()
- Provide a Résumé, Cover Letter and Access to Your Brain? The Creepy Race to Read Workers’ Minds, Los Angeles Times ()
- We Need a New Human Right to Cognitive Liberty, The Guardian () (with Zoë Corbyn)
- A Round-Up of 2022 Neurotechnology Advances, Volokh Conspiracy ()
Gina-Gail S. Fletcher
Forthcoming
- 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
- Market Distortion as a Theory of Market Manipulation ()
- Regulating Information Intermediaries ()
- Unequal Access: Black Founders and the Venture Capital Funding Gap () (with Kristin N. Johnson)
Articles & Essays
- Corporate Racial Responsibility, 124 Columbia Law Review 361-429 () (with H. Timothy Lovelace, Jr.)
Elana Fogel
Newspaper Articles and Commentary
- Plea Bargains: Efficient or Unjust?, 107 Judicature (, at 50) (with others)
Michael D. Frakes
Works in Progress
- Deadlines Versus Continuous Incentives: Evidence From the Patent Office () (with Melissa F. Wasserman)
- Racial Concordance and the Quality of Medical Care: Evidence from the Military () (with Jonathan Gruber)
- Racial Disparities in Health Care: Geographic Causes and the Impact of Geographic Standardization in Malpractice Standard of Care Rules ()
Articles & Essays
- Public and Private Options in Practice: The Military Health System, 15 American Economic Journal: Economic Policy 37-74 () (with others)
- Investing in Ex Ante Regulation: Evidence From Pharmaceutical Patent Examination, 15 American Economic Journal: Economic Policy 151-183 () (with Melissa F. Wasserman)
Brandon L. Garrett
Forthcoming
- Defending Due Process: Why Fairness Matters in a Polarized World (Polity Press, )
Works in Progress
- Liberty, Safety, and Misdemeanor Bail () (with others)
Books
- Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation (Foundation Press, 1st ed. 2013, 2nd ed. ) (with Lee Kovarsky)
Issues Edited
- Policing and Behavioral Health, 86 Law and Contemporary Problems (No. 1, ) (with others)
Articles & Essays
- Originalism and Historical Fact-Finding, 112 Georgetown Law Journal 699-748 () (with Joseph Blocher)
- The Brady Database, 114 Journal of Criminal Law and Criminology 1-66 () (with others)
- The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice, 109 Cornell Law Review 561-627 () (with Cynthia Rudin)
- Judging Firearms Evidence and the Rule 702 Amendments, 107 Judicature 40-49 () (with others)
- Fact Stripping, 73 Duke Law Journal 1-65 () (with Joseph Blocher)
- Impact of Trauma Education and Growth Mindset Messaging on Public Attitudes About the Criminal Legal System, 19 Journal of Experimental Criminology 635-661 () (with others)
- The Laws That Regulate Police: The Wilson Center's Policing Legislation Database ()
- Error Aversions and Due Process, 121 Michigan Law Review 707-751 () (with Gregory Mitchell)
- Face Value? How Jurors Evaluate Eyewitness Face Recognition Ability, 12 Journal of Applied Research in Memory and Cognition 255-269 () (with others)
- FCPA: Enforcement, in Elgar Concise Encyclopedia of Corruption Law 217-219 (Mark Pieth & Tina Søreide eds., )
- Interpretable Algorithmic Forensics , 120 Proceedings of the National Academy of Sciences, article e2301842120, 1-9 (2023) (with Cynthia Rudin)
- Law, Psychology, and Wrongful Convictions, in The Oxford Handbook of Psychology and Law 766-782 (David DeMatteo & Kyle C. Scherr eds., ) (with William Crozier)
- Open Prosecution, 75 Stanford Law Review 1365-1430 () (with others)
- Policing and Behavioral Health Conditions, 86 Law and Contemporary Problems i-viii () (with others)
- Sensitizing Jurors to Eyewitness Confidence Using “Reason-Based” Judicial Instructions, 12 Journal of Applied Research in Memory and Cognition 141-157 () (with others)
- Understanding Plea Bargaining in a New Progressive DA’s Office: How Line Prosecutors Understand and Implement Progressive Goals Through Plea Decisions, 50 Criminal Justice and Behavior 429-453 () (with others)
- Videotaping Interrogations in Pennsylvania: A Wilson Center for Science and Justice and Quattrone Center for the Fair Administration of Justice Report () (with others)
Crystal Grant
Articles & Essays
- Masks, Mayhem & the Future of Disability Rights in Schools, 25 New York University Journal of Legislation and Public Policy 247-305 () (with Claire Raj)
Sara Sternberg Greene
Forthcoming
- Getting to Home: Collateral Consequences in the Rental Housing Market, 74 Duke Law Journal () (with others)
- The Savings Mirage, in Law and the 100-Year Life (Abbe Gluck & Anne Alstott eds., )
Works in Progress
- Centering Fraud in Poverty Law ()
- Justice Without Law(yers)?: Race, Class, and the Problem of Informality () (with Guy Charles)
Articles & Essays
Newspaper Articles and Commentary
- NC Hospitals Use Deceit to Sue Patients, Take Their Homes, Charlotte Observer () (with Barak Richman)
Lisa Kern Griffin
Forthcoming
- Honest Mistakes: Truth, Lies, and the Misleading Law of Questioning (Cambridge University Press, )
- Being an Icon: Reflections on Sandra Day O'Connor, 76 Stanford Law Review ()
Works in Progress
- Netflix Criminal Justice: Popular Culture, Procedural Violence, and the Potential for Empathy ()
Articles & Essays
- False Accuracy in Criminal Trials: The Limits and Costs of Cross Examination, 102 Texas Law Review 1011-1058 ()
Paul Grimm
Articles & Essays
- The GPTJudge: Justice in a Generative AI World, 23 Duke Law & Technology Review 1-34 () (with others)
- Is Disclosure and Certification of the Use of Generative AI Really Necessary?, 107 Judicature 69-77 () (with others)
Newspaper Articles and Commentary
- The Battle for Your Brain: A Legal Scholar’s Argument for Protecting Brain Data and Cognitive Liberty, 107 Judicature (, at 44) (with Nita A. Farahany)
- More Public Trust in Courts Needed to Fight Threats to Judges, Bloomberg Law ()
- The Judiciary Is Under Attack. Lawyers Have a Duty to Defend It, Bloomberg Law ()
- Playing the Long Game: The Role of International Courts and Tribunals in the Russo-Ukrainian War, Judicature International (, at 1) (with others)
- Uniform Standards Needed Now for Sexual Assault Prosecution Offices, Marine Corps Times () (with Meghan Tokash)
- Is Disclosure and Certification of the Use of Generative AI Really Necessary?, 107 Judicature (, at 68) (with others)
Ben K. Grunwald
Works in Progress
Articles & Essays
- Private Security and Public Police, 21 Journal of Empirical Legal Studies 428-481 () (with others)
- Racial Bias in Criminal Records, 40 Journal of Quantitative Criminology 489-531 ()
Newspaper Articles and Commentary
- Data-Driven Decarceration, Inquest ()
Laurence R. Helfer
Forthcoming
- Automating International Human Rights Adjudication, 45 Michigan Journal of International Law () (with Veronica Fikfak)
- Human Rights Litigation Before Sub-Regional Courts in East and West Africa, in Oxford Handbook of Comparative Human Rights Law (Neha Jain & Mila Versteeg eds., ) (with Jo Un Eom)
- Contesting Sexual Orientation Rights Before the ECtHR, in International Sexual and Reproductive Rights Lawfare (Siri Gloppen & Malcolm Langford eds., ) (with Clare Ryan)
- State Silence in the European Human Rights System, in The Silence of States Across International Law (Danae Azaria, ed., ) (with Olivia C. Daniels)
Works in Progress
- Revisiting Human Rights Treaty Withdrawals () (with Başak Çalı)
Articles & Essays
- Treaty Withdrawals in a Turbulent World: A Retrospective on Exiting Treaties, in Leading Works in International Law 67-84 (Donna Lyons ed., )
- Flexible Institution Building in the International Anti-Corruption Regime: Proposing a Transnational Asset Recovery Mechanism, 117 American Journal of International Law 559-600 () (with others)
- The Meta Oversight Board's Human Rights Future, 44 Cardozo Law Review 2233-2300 () (with Molly K. Land)
- Increasing Compliance with International Pandemic Law: International Relations and New Global Health Agreements, 402 The Lancet 1097-1106 () (with others)
- The Marrakesh Treaty: Using the Tools of Intellectual Property Law to Advance Human Rights, in Improving Intellectual Property: A Global Project 28-37 (Susy Frankel et al. eds., )
Newspaper Articles and Commentary
- Toward Recognizing an International Human Right to Claim Innocence, Judicature International () (with others)
- The Gender of Treaty Withdrawal: Lessons From the Istanbul Convention, EJIL: Talk! () (with Başak Çali)
- Value Pluralism and Human Rights in Content Moderation, Lawfare () (with Molly K. Land)
Donald L. Horowitz
Works in Progress
- Federalism, Regional Autonomy, and Ethnic Conflict: Politics and Law ()
Books
- Electoral Reform and Democracy in Malaysia (NIAS Press, ) (editor with Helen Ting M.H.)
Articles & Essays
- Afterward, in Electoral Reform and Democracy in Malaysia 271-277 (Helen Ting M.H. & Donald L. Horowitz eds., ) (with Helen Ting M.H.)
- Electoral System Reform, in Electoral Reform and Democracy in Malaysia 175-204 (Helen Ting M.H. & Donald L. Horowitz eds., )
- Introduction, in Electoral Reform and Democracy in Malaysia 1-13 (Helen Ting M.H. & Donald L. Horowitz eds., ) (with Helen Ting M.H.)
Jayne Huckerby
Articles & Essays
- Appropriation and the Rewriting of Rights, 21 International Journal of Constitutional Law 243-265 () (with Sarah Knuckey)
Newspaper Articles and Commentary
- Appropriating Rights: Who Rewrites Rights and How?, OpenGlobalRights () (with Sarah Knuckey)
- Toward Recognizing an International Human Right to Claim Innocence, Judicature International () (with others)
Jennifer Jenkins
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, 4th ed. 2018, 5th ed. 2021, 6th ed. 2024) (with statutory supplement 2014, 2015, 2016 & 2019) (with James Boyle)
Margaret H. Lemos
Forthcoming
- The Solicitor General, Consistency, and Credibility, Notre Dame Law Review () (with Deborah A. Widiss)
Works in Progress
Newspaper Articles and Commentary
- New Ideas About How Judges Think, 106 Judicature (, at 32) (with others)
David F. Levi
Newspaper Articles and Commentary
- Free Speech on Campus: Examining the Campus Speech Debate Through a First Amendment Lens, 107 Judicature (, at 54) (with Geoffrey R. Stone)
- Faith in Law, 107 Judicature (, at 62) (with Dallin H. Oaks)
- New Ideas About How Judges Think, 106 Judicature (, at 32) (with others)
Marin K. Levy
Forthcoming
- Written and Unwritten: The Rules, Internal Practices, and Customs of the United States Courts of Appeals (Cambridge University Press, ) (with Jon O. Newman)
- Defining the Field of Judicial Administration, 36 Yale Journal of Law & the Humanities ()
- The Invention of the Judicial Administration State, 124 Michigan Law Review () (Reviewing Robert C. Post, The Taft Court: Making Law for a Divided Nation, 1921-1930 (2024))
Works in Progress
- Governing the Judiciary ()
- Local Rulemaking () (with Zach Clopton)
- Local Rules () (with Zach Clopton)
- State Representation on the Courts of Appeals ()
Articles & Essays
- Judicial Management Inside the Courts, 43 The Review of Litigation 27-42 ()
Newspaper Articles and Commentary
- The Business of the Supreme Court Law Clerks, JOTWELL () (reviewing Tracy E. George, Albert Yoon, & Mitu Gulati, Some are More Equal Than Others: U.S. Supreme Court Clerkships, Univ. of Virginia Public Law and Legal Theory Research Paper No. 2023-10, available at SSRN (Feb. 23, 2023)
- Visiting Judges Riding Circuit and Beyond, 106 Judicature (, at 20)
Ryke Longest
Newspaper Articles and Commentary
- Opinion: A Call to Forever Preserve The Point on Topsail Island, Star News Online ()
H. Timothy Lovelace, Jr.
Articles & Essays
- Corporate Racial Responsibility, 124 Columbia Law Review 361-429 () (with Gina-Gail S. Fletcher)
Noah Marks
Forthcoming
- Winning by Losing: The Strategy of Adverse Letter Rulings, 66 Boston College Law Review ()
Articles & Essays
- Book Reviews, 46 Journal of the American Taxation Association 180-182 () (reviewing James R. Repetti, William H. Lyons, & Charlene D. Luke, Partnership Income Taxation (7th Ed. 2023))
Veronica Root Martinez
Forthcoming
- Professional Responsibility: A Contemporary Approach (West Academic Publishing, 6th ed. )
- Rethinking the “Fungible” Consultant, Law and Contemporary Problems ()
- The Impact of Monitors on Organizational Culture, in Cambridge Handbook of Organizational Culture and Misconduct (B. van Rooij, N. Tobsch, and N. Lord eds., )
- Diversity and Compliance, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Monitors and Compliance, in Concise Encyclopedia of Compliance Law (J. Fanto ed., )
- Supreme Impropriety, Law and Contemporary Problems ()
Works in Progress
- A Tale of Two Self-Regulatory Regimes () (with Nicole Iannarone)
- Building a Culture of Ethical Inclusion ()
- Collaborative Compliance () (with Kevin E. Davis)
- Data-Driven Compliance () (with Geeyong Min)
- Firm-Driven Compliance ()
- Motivating the Middle ()
- The Economic Waste of Corporate Purpose ()
Books
- Securities Litigation, Enforcement, and Compliance: Cases and Materials (West Academic Publishing, 5th ed. ) (with others)
Articles & Essays
- Strengthening Government Capacity to Assess and Account for Corporate Anti-Corruption Compliance Measures and Programmes ()
- Reframing the DEI Case, 46 Seattle University Law Review 399-419 ()
- #MeToo & the Courts: The Impact of Social Movements on Federal Judicial Decisionmaking, 81 Washington & Lee Law Review Online 79-112 () (with others)
- Public Reporting of Monitorship Outcomes, 136 Harvard Law Review 757-823 ()
Newspaper Articles and Commentary
- Do the DOJ’s Sticks and Carrots Actually Work?, Compliance & Enforcement ()
- A Better Understanding of How to Improve Demographic Diversity in Federal Appellate Law Clerk Hiring, JOTWELL () (reviewing Jeremy Fogel et al., Law Clerk Selection and Diversity: Insights From Fifty Sitting Judges of the Federal Courts of Appeals, Harvard Law Review (forthcoming, 2023).
Tim Meyer
Works in Progress
Articles & Essays
- Consumption Governance: The Role of Production and Consumption in International Economic Law, 49 Brigham Young University Law Review 1063-1135 ()
- Copernican Revolution or Green Protectionism?, in The Sustainability Revolution in International Trade Agreements 301-318 (Geraldo Vidigal & Kathleen Claussen eds., )
- Designing a New Paradigm in Global Trade () (with others)
- Economic Security and the Separation of Powers, 172 University of Pennsylvania Law Review 1955-1988 () (with Kathleen Claussen)
- The National Security Consequences of the Major Questions Doctrine, 122 Michigan Law Review 55-96 () (with Ganesh Sitaraman)
Newspaper Articles and Commentary
- How ‘Economic Security’ Is Re-Shaping Presidential Power, Just Security () (with Kathleen Claussen)
- The New U.S.-Taiwan Trade Agreement and Its Approval, Lawfare () (with Kathleen Claussen)
- How the US and EU Can Rewrite Trade Rules to Fight the Climate Crisis, Blog (Roosevelt Institute) () (Originally published in French in Le Grand Continent, and in Spanish in El Grand Continent, March 14, 2023) (with Todd N. Tucker)
- The Case for Mandating Climate-Risk Disclosure, Project Syndicate () (with others)
Michael Murphy
Works in Progress
- Benefit LLCs: The Little Entities That Could? ()
Articles & Essays
- How Working With Entrepreneurs Makes Law Students Into Happier, Healthier Lawyers, in Contemporary Challenges in Clinical Legal Education: Role, Function and Future Directions 165-184 (Matthew Atkinson & Ben Livings eds., )
Yaron Nili
Works in Progress
- Common Ownership Directors () (with others)
- Declassifying Bylaws () (with others)
- Funding Nonprofit Diversity and Innovation () (with Atinuke O. Adediran)
- Hedge Fund Activism in Small Cap Companies () (with Kobi Kastiel)
- The Curious Case of Corporate Relational Contracts () (with others)
- Peer Group Governance ()
Articles & Essays
- Independence Reconceived, 2023 Columbia Business Law Review 589-674 () (with Claire A. Hill)
- Specialist Directors, 41 Yale Journal on Regulation 652-716 () (with Roy Shapira)
- The Rise of Private Equity Continuation Funds, 172 University of Pennsylvania Law Review 1601-1666 () (with Kobi J. Kastiel)
- Side Letter Governance, 100 Washington University Law Review 907-994 () (with Elisabeth de Fontenay)
- The Lost Promise of Private Ordering, 109 Cornell Law Review 1-61 () (with others)
Michelle Benedict Nowlin
Articles & Essays
- Transdisciplinary Doctoral Training to Address Global Sustainability Challenges , 3 PLOS Sustain Transform, article e0000091, 1-5 (2024) (with others)
- Enhanced U.S.-Canadian Collaboration on Marine Migratory Species, 53 Environmental Law Reporter 10911-10920 () (with others)
- Transboundary Marine Species at Risk & Their Recovery in a Changing Climate: Workshop Report () (with others)
Shu-yi Oei
Works in Progress
Books
- Federal Income Taxation (Aspen Publishing, 6th ed. ) (with others)
Ashlee Paxton-Turner
Articles & Essays
- Keeping Our Republic, 74 South Carolina Law Review 147-178 ()
Jonathan Petkun
Forthcoming
- The Judicial Administrative Power, 93 George Washington Law Review () (with Joseph Schottenfeld)
Works in Progress
- What Determines Military Legitimacy? Evidence From the Battle of Mosul in Iraq, 402 HiCN Working Paper Series 1-37 () (with others)
- Civilian Harm and Military Legitimacy in War () (with others)
Newspaper Articles and Commentary
- The Progressive Case for American Power: Retrenchment Would Do More Harm Than Good, 103 Foreign Affairs () (with others)
H. Jefferson Powell
Books
- The Foundations of American Law: A Companion to the 1L Year (Carolina Academic Press, )
Articles & Essays
- The Harlan Court: A Constitutional Alternate History, 102 North Carolina Law Review 1381-1402 ()
Newspaper Articles and Commentary
- Is the Constitution Obsolete?, North State Journal ()
Jedediah Purdy
Books
- Walden (W.W. Norton, ) (editor)
Articles & Essays
- Nature, in A Cultural History of Ideas in the Modern Age (Stefanos Geroulanos ed., )
- The Possible Futures of American Democracy, 2023 Utah Law Review 1009-1021 ()
Newspaper Articles and Commentary
- Harris Can Win on the Economy, but She Needs a Stronger Message, New York Times () (A version of this article appears in print on September 15, 2024, Section SR, Page 4 of the New York edition with the headline: Harris Needs a Stronger Message on the Economy)
- We’ve Been Thinking About America’s Trust Collapse All Wrong, The Atlantic ()
- Raymond Williams’s Resources for Hope, 70 Dissent (, at 86)
- The Courts Should Be More Political, Not Less, New York Times ()
Shitong Qiao
Forthcoming
- Cooperating to Resist: Society and State During China’s COVID Lockdowns, Yale Journal of Law & the Humanities ()
Articles & Essays
- Communities Built on Political Trust: Theory and Evidence From China, Urban Studies () (with Yu Zeng)
- Finance Against Law: The Case of China, 64 Harvard International Law Journal 431-487 ()
- The Authoritarian Commons: Divergent Paths of Neighborhood Democratization in Three Chinese Megacities, 71 American Journal of Comparative Law 388-443 ()
Newspaper Articles and Commentary
- Cleanup of China Evergrande Collapse Calls for Coordination and Clarity, Nikkei Asia ()
Arti K. Rai
Works in Progress
Articles & Essays
- Four Decades of Orphan Drugs and Priorities for the Future, 391 New England Journal of Medicine 100-102 () (with others)
- Introducing Biosimilar Competition for Cell and Gene Therapy Products , 11 Journal of Law and the Biosciences, article lsae015, 1-37 (2024) (with others)
- Access to Biomedical Innovation — Inside the Legal Labyrinth, 388 New England Journal of Medicine 1537-1540 ()
- Brief of Intellectual Property Law Professors and Scholars as Amici Curiae in Support of the Respondents , Amgen, Inc., et al., v. Sanofi, et al., No. 21-757 (U.S. Feb. 10, 2023) (with others)
- Cryptic Patent Reform Through the Inflation Reduction Act, 37 Harvard Journal of Law & Technology 57-104 () (with others)
Newspaper Articles and Commentary
- Patent Puzzles After the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion, PatentlyO ()
- Orange Book Over-Declaration Of Pharmaceutical Patents: The Advantages Of Ex Ante Over Ex Post Review, Health Affairs Forefront () (with Jorge L. Contreras)
- What Does ‘Bona Fide Competition’ Actually Mean in the Biologics Market?, STAT ()
Jerome H. Reichman
Articles & Essays
- A Codified Liability Regime to Stimulate Greater Investment in Subpatentable Innovation, 57 UC Davis Law Review 2027-2075 () (with Ana Santos Rutschman)
- The Case for a Liability Rule to Stimulate Investment in Sub-Patentable Innovation, in Improving Intellectual Property: A Global Project 88-94 (Susy Frankel et al. eds., ) (with Ana Santos Rutschman)
Mara Revkin
Forthcoming
- Law and Violence in the Middle East, in Oxford Handbook on Law and Authoritarianism (Cora Chan, Madhav Khosla, Benjamin Liebman & Mark Tushnet, eds., )
Works in Progress
- What Determines Military Legitimacy? Evidence from the Battle of Mosul in Iraq, 402 HiCN Working Paper Series 1- 37 () (with others)
- Civilian Harm and Military Legitimacy in War () (with others)
- Is There a "Right to Forget" Atrocities? The International Law on Memory with New Evidence from South Sudan () (with Olivia Wang)
Articles & Essays
- Evidence-Based Transitional Justice: Incorporating Public Opinion Into the Field, with New Data from Iraq and Ukraine, 133 Yale Law Journal 1582-1675 () (with others)
- No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq, 71 American Journal of Comparative Law 989-1032 () (with Kristen Kao)
- The Self-Fulfilling Prophecy of ‘Perpetual’ War in Iraq, in Iraq 20 Years On: Insider Reflections on the War and Its Aftermath ()
- How Religious Are “Religious” Conflicts? , 25 International Studies Review, article viad029, 1-30 (2023) (with others)
- Retribution or Reconciliation? Post-Conflict Attitudes Toward Enemy Collaborators, 67 American Journal of Political Science 358-373 () (with Kristen Kao)
- Understanding Multidimensional Fragility in South Sudan: A Baseline Study of Kajo-Keji, Yei, Bor, and Wau Counties () (with others)
Newspaper Articles and Commentary
- The Progressive Case for American Power: Retrenchment Would Do More Harm Than Good, 103 Foreign Affairs () (with others)
Stephen E. Roady
Forthcoming
- The Public Trust Doctrine, in Ocean and Coastal Law and Policy (T. Eichenberg, G. Hancock & M., Sutton eds., )
Articles & Essays
- Enhanced U.S.-Canadian Collaboration on Marine Migratory Species, 53 Environmental Law Reporter 10911-10920 () (with others)
- Transboundary Marine Species at Risk & Their Recovery in a Changing Climate: Workshop Report () (with others)
Emily Ryo
Articles & Essays
- Immigration Detention as Racialised Wealth Extraction, in Immigration Detention and Social Harm: The Collateral Impacts of Migrant Incarceration 155-174 (Michelle Peterie ed., ) (with Christopher Levesque)
- Beyond Legal Deserts: Access to Counsel for Immigrants Facing Removal, 101 North Carolina Law Review 787-840 () (with Reed Humphrey)
Richard L. Schmalbeck
Books
- Federal Income Taxation (Aspen Publishing, 2004, 2d ed. 2007; Wolters Kluwer Law & Business, 3d ed. 2011; Wolters Kluwer, 4th ed. 2015, 5th ed. 2018, 6th ed. ) (with others)
Newspaper Articles and Commentary
- IRS Reform Has Arrived: How New Funding Is Fast-Tracking Progress, The Hill () (with others)
Steven L. Schwarcz
Forthcoming
- De-Mystifying Digital Currencies, 87 Law and Contemporary Problems () (with David Neil Ord)
- Physics Informs Law: Analyzing Legal Issues That Turn on the Scale of Observation, 85 Ohio State Law Journal ()
Works in Progress
- UCC § 2-510: A Commercial Law Blunder? ()
- Money: A Functional Analysis ()
- A Decision-Heuristics Approach to Corporate Governance and Risk-Taking () (with Lorilee A. Medders)
- Enforcing Secondary Defaults: Should Harshness Limit Remedies for Non-Material Contract Breach?” ()
- Money: Tangible, Intangible (Digital), and Legal Implications ()
- Protection Gaps: How Complexity Increases Risk (And How Law Can Help) ()
- Reexamining the Private Ordering of Accounting Disclosure ()
Articles & Essays
- Reexamining Enron's Regulatory Consequences, 2024 NYU Annual Survey of American Law Forum 1-13 () (with Alex Bartlow)
- Regulating Financial Innovation: FinTech, Crypto-assets, DeFi, and Beyond, 79 Business Lawyer 615-664 ()
- Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework, 92 George Washington Law Review 549-579 ()
- Rethinking Commercial Law’s Uncertain Boundaries, 14 Harvard Business Law Review 234-256 ()
- The Legal Anomaly of Non-Recourse Financing, 98 American Bankruptcy Law Journal 389-415 () (with Christina Trepczynski)
- Judge Jed Rakoff: Personal Impressions of a Testifying Expert Witness (and Anatomy of a UCC Foreclosure), 80 NYU Annual Survey of American Law 21-29 ()
- Next-Generation Securitization: NFTs, Tokenization, and the Monetization of ‘Things’, 103 Boston University Law Review 967-1003 ()
- Bankruptcy-Remote Structuring: Reallocating Risk Through Law, 97 American Bankruptcy Law Journal 1-40 ()
- Corporate Governance and Risk-Taking: A Statistical Approach, 3 University of Chicago Business Law Review 149-191 ()
- Fractionalizing Investment Securities: Using FinTech to Expand Financial Inclusion, 84 Ohio State Law Journal 773-836 () (with Robert Bourret)
- Post-Crisis Derivatives Regulation: What Went Right (And What Went Wrong), 23 Sciences Po Law Review 44-51 ()
- The Global Derivatives Market, in Research Handbook on Global Capital Markets Law 220-235 (Iris Chiu and Iain MacNeil eds., )
Neil Vidmar
Articles & Essays
- Social Cognitive Processes Explain Bias in Juror Decisions , 18 Social Cognitive and Affective Neuroscience, article nsac057, 1-11 (2023) (with others)
Jonathan B. Wiener
Forthcoming
- Practical Paths to Risk-Risk Analysis of Solar Radiation Modification () (with others)
- Regulatory Learning Through Agency Action Under the Evidence-Based Policymaking Act () (with Lori S. Bennear)
- SRM Monitoring: Goals, Needs, and Governance/Global Monitoring as a Governance Imperative for Solar Geoengineering () (with others)
Articles & Essays
- Co-Benefits, Countervailing Risks, and Cost-Benefit Analysis, in Human and Ecological Risk Assessment: Theory and Practice 1167-1188 (Dennis J. Paustenbach ed., ) (with John D. Graham)
- Improving Risk Governance Strategies via Learning: A Comparative Analysis of Solar Radiation Modification and Gene Drives, Environment Systems and Decisions () (with others)
- The Evolving International Climate Change Regime: Mitigation, Adaptation, Reflection, 11 Texas A&M Law Review 451-485 () (with Tyler Felgenhauer)
- Modernizing Regulatory Review: Assessing All Important Impacts, 48 Administrative & Regulatory Law News 11-14 () (reprinted in Notice & Comment on June 7, 2023)
Ernest A. Young
Forthcoming
- Standing and Probabilistic Injury, Michigan Law Review () (with Curtis A. Bradley)
- Federalism and Loyalty, in The Law and Politics of Federalism (Erin Delaney ed., )
Works in Progress
- Dying Constitutionalism and the Lost Years of the Fourteenth Amendment ()
- Many Models of Process Federalism, in ()
- Standing in State Court () (with Rebekah Strotman)
Articles & Essays
- State Sovereign Immunity After the Revolution, 102 Texas Law Review 697-768 ()
Lawrence A. Zelenak
Books
- Federal Income Taxation (Aspen Publishing, 2004, 2d ed. 2007; Wolters Kluwer Law & Business, 3d ed. 2011; Wolters Kluwer, 4th ed. 2015, 5th ed. 2018, 6th ed. ) (with others)
- 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. ) (with Marvin A. Chirelstein)
Issues Edited
- The Legacy of Stanley S. Surrey, 86 Law and Contemporary Problems (No. 2, ) (with Ajay K. Mehrotra)
Articles & Essays
- Stanley Surrey and Taxing Unrealized Appreciation, 86 Law and Contemporary Problems 153-165 ()
- Reading the Taxpayers' Brief in Moore, 112 Tax Notes International 77-82 ()
- What We Talk About When We Talk About Tax Shelters, 108 Iowa Law Review Online 130-143 ()
- Foreword: The Legacy of Stanley S. Surrey, 86 Law and Contemporary Problems i-xii () (with Ajay K. Mehrotra)
- The Income Tax, the Constitution, and the Unrealized Importance of Helvering v. Griffiths, 43 Virginia Tax Review 257-290 ()
Newspaper Articles and Commentary
- Moore Thoughts, TaxProf Blog ()