• Cost-Benefit Analysis and Distributional Weights: An Overview, Review of Environmental Economics & Policy (forthcoming)
  

• Would You Choose to be Happy? Tradeoffs Between Happiness and the Other Dimensions of Life in a Large Population Survey (August 05, 2015) (with others)
  

Books

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

Articles and Essays

• Aggregating Moral Preferences, 32 Economics & Philosophy 283-321 (2016)
  
• Behavioral Economics, Happiness Surveys, and Public Policy, Journal of Benefit-Cost Analysis (2016)
  
• Extended Preferences, in Oxford Handbook of Well-Being & Public Policy 476 (Matthew Adler & Marc Fleurbaey eds., 2016)
  
• Introduction, in Oxford Handbook of Well-Being & Public Policy 1 (Matthew Adler & Marc Fleurbaey, eds., 2016) (with Marc Fleurbaey)
  
• Priority for the Worse Off and the Social Cost of Carbon(CSIFO, Working Paper No. 6032, August 2016)
  
• Equity by the Numbers: Measuring Poverty, Inequality, and Injustice, 66 Alabama Law Review 551-607 (2015)
  
• Prioritarianism and Climate Change, 62 Environmental & Resource Economics 279-308 (2015) (with Nicolas Trench)
  
• The Ethical Value of Risk Reduction: Utilitarianism, Prioritarianism and Cost-Benefit Analysis, in Ethics & Risk Management 9-29 (Lina Svedin ed., 2015)
  
• Value and Cost-Benefit Analysis, in The Oxford Handbook of Value Theory 317-337 (Iwao Hirose & Jonas Olson eds., 2015)
  
• Welfarism, Equity, and the Choice Between Statistical and Identified Victims, in Identified Versus Statistical Lives: An Interdisciplinary Perspective 53-76 (I. Glenn Cohen, Norman Daniels & Nir Eyal eds., 2015)
  

Newspaper Articles and Commentary

• Inequality of What?, OUPblog (June 17, 2016)
  

• Discrimination By Customers (March 28, 2016) (with Mitu Gulati)
  

Newspaper Articles and Commentary

• Blue for Boys, White with Flowers for Girls: When Commencement is an Exercise in Discrimination, Verdict (May 03, 2016) (with Joanna L. Grossman)
  
• Can the Supportive State be Non-Intrusive?, Family Law Jotwell (March 24, 2015)
  
• Denaturing the Family, Family Law Jotwell (February 25, 2015)
  

• The 'Dark Matter' of Financial Regulation: Promoting Adaptive Regulation Through Private Relief for Victims of Financial Misdeeds (September 30, 2015)
  

Articles and Essays

• Understanding the 'Global' in Global Finance and Regulation, in Reconceptualising Global Finance and Its Regulation 28-50 (Ross Buckley et al. eds., 2016)
  

Books

• Federal Criminal Law and Its Enforcement (6th ed. 2015)  (with Norman Abrams & Susan Klein)
  

Articles and Essays

• Prosecutorial Discretion in Three Systems: Balancing Conflicting Goals and Providing Mechanisms for Control, in Discretionary Criminal Justice in a Comparative Context 27-58 (Michele Cainiello & Jacqueline S. Hodgson eds., 2015)
  

Books

• Telecommunications Law and Policy (Carolina Academic Press, 4th ed. 2015)  (with coauthors)
  

Articles and Essays

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

Newspaper Articles and Commentary

• Providing Internet Access Isn't Speech, Washington Post (June 15, 2016)
  
• Yes, Donald Trump Can Announce Whom He Would Appoint, Washington Post (May 18, 2016)
  
• The Opinions Justice Scalia Joined will Start Being Treated Worse, Even if He is Replaced by a Like-Minded Justice, Washington Post (February 26, 2016)
  
• Why Would a Trial Judge Make His Bias so Clear?, Washington Post (September 08, 2015)
  
• What Does Congress Mean by "Methodology"?, Washington Post (June 12, 2015)
  
• Q: "Do You Know of Any Case in Which We Have Halted a Proposed Rulemaking?" A: "I Do Not, Your Honor.", Washington Post (April 17, 2015)
  
• FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for Internet Time, Washington Post (March 12, 2015)
  

Books

• Torts: Doctrine and Process (Duke University Press, 2016) (with Doriane Lambelet Coleman)
  
• BMI v. Minicom (NITA, 2015) (Plaintiffs Version) (with Anthony J. Bocchino)
  
• BMI v. Minicom (NITA, 2015) (Faculty Version) (with Anthony J. Bocchino)
  
• BMI v. Minicom (NITA, 2015) (Trial Version) (with Anthony J. Bocchino)
  
• BMI v. Minicom (NITA, 2015) (Defendants Version) (with Anthony J. Bocchino)
  
• Problems in Trial Advocacy (NITA, 2015) (with Anthony J. Bocchino)
  

• Free Speech Beyond Words: The Surprising Reach of the First Amendment (New York University Press, forthcoming) (with others)
  
• Second Amendment Law and Theory (Cambridge University Press, forthcoming) (with Darrell Miller)
  
• A Market for Sovereign Control, Duke Law Journal (forthcoming) (with Mitu Gulati)
  
• Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis, Columbia Human Rights Law Review (forthcoming) (with Mitu Gulati)
  
• Law and Markets, 81 Law & Contemporary Problems (forthcoming) (with Kim Krawiec)
  
• Markets and Sovereignty, Osgoode Hall Law Journal (forthcoming) (with Mitu Gulati)
  
• The Death Penalty and the Fifth Amendment, Northwestern University Law Review (forthcoming)
  

Articles and Essays

• Hunting and the Second Amendment, 91 Notre Dame Law Review 133-176 (2016)
  
• Scalia's Gun Rights Legacy is Likely to Stand, No Matter Who Replaces Him, The Trace (February 15, 2016)
  
• Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al eds., 2016) (with others)
  
• Lethality, Public Carry, and Adequate Alternatives, 53 Harvard Journal on Legislation 279-301 (2016) (with Darrell A. H. Miller)
  
• What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment, 83 University of Chicago Law Review 295-355 (2016) (with Darrell A. H. Miller)
  
• New Problems for Subsidized Speech, 56 William & Mary Law Review 1083-1118 (2015)
  

Newspaper Articles and Commentary

• We Can Regulate Guns at the Local Level, Too, New York Times (December 10, 2015)
  
• Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Mitu Gulati)
  

Articles and Essays

• Character Strengths and Academic Performance in Law Students, 55 Journal of Research in Personality 25-29 (April 2015) (with Margaret L. Kern)
  
• Lawyers and Their Elusive Pursuit of Happiness: Does it Matter?, 7 Duke Forum for Law & Social Change 37-52 (2015)
  

Newspaper Articles and Commentary

• Teaching Lawyers About Happiness, Law Practice Today (June 14, 2016)
  
• Duke's Nontenure Faculty Unionized -- Now What?, Talent Management (May 20, 2016)
  
• Pay Attention to Laws Affecting Transgender Employees, Talent Management (April 21, 2016) (with Lauren Sanders)
  
• Deflated Footballs and College Athlete Unions, Talent Management (September 18, 2015)
  
• Dog Days of Summer Kill Productivity, Talent Management (August 05, 2015)
  

Books

• Intellectual Property: Law & the Information Society Selected Statutes & Treaties (Center for the Study of the Public Domain, 2d ed. 2015) (with Jennifer Jenkins)
  

Articles and Essays

• Open Legal Educational Materials: The Frequently Asked Questions, 11 Washington Journal of Law, Technology & Arts 13-30 (2015) (with Jennifer Jenkins)
  

• History's Constitution: How Governmental Practices Define the Separation of Powers (Oxford University Press, forthcoming)
  
• Historical Gloss, Constitutional Conventions, and the Judicial Separation of Powers, 105 Georgetown Law Journal (forthcoming) (with Neil Siegel)
  
• Presidential War Powers as a Two-Level Dynamic: International Law, Domestic Law, and Practice-Based Legal Change, New York University Law Review (forthcoming) (with Jean Galbraith)
  
• The Supreme Court as a Filter Between International Law and American Constitutionalism, 104 California Law Review (forthcoming)
  

• Doing Gloss (July 02, 2016)
  

Books

• Custom's Future: International Law in a Changing World (Cambridge University Press, 2016) (editor)
  
• International Law in the U.S. Legal System (Oxford University Press, 2d ed. 2015)
  

Articles and Essays

• Customary International Law Adjudication as Common Law Adjudication, in Custom's Future: International Law in a Changing World 34-61 (Curtis A. Bradley ed., 2016)
  
• Customary International Law's Uncertain Status in the US Legal System (2015)
  
• Agora: Reflections on Zivotofsky v. Kerry: Historical Gloss, the Recognition Power, and Judicial Review, 109 AJIL Unbound 2-9 (2015)
  
• Constructed Constraint and the Constitutional Text, 64 Duke Law Journal 1213-1294 (2015) (with Neil Siegel)
  
• Foreign Relations Law and the Purported Shift Away from "Exceptionalism", 128 Harvard Law Review Forum 294-304 (2015)
  
• Introduction to Agora: Reflections on Zivotofsky v. Kerry, 109 AJIL Unbound 1 (2015) (with Carlos M. Vazquez)
  

Newspaper Articles and Commentary

• Don't Let Americans Sue Saudi Arabia, New York Times (April 22, 2016) (with Jack Goldsmith)
  
• Constitutional Conventions, the Judicial Separation of Powers, and Justice Scalia's Replacement , Balkinization (February 14, 2016) (with Neil Siegel)
  
• Symposium: Zivotofsky and the Pragmatic Foreign Relations Law, SCOTUSblog (June 09, 2015)
  
• Republicans Fail in an Attempt at a Civics Lecture to Iranian Leaders, The Conversation (March 11, 2015)
  

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

Articles and Essays

• Trade in Environmental Goods: A Review of the WTO Appellate Body's Rule in US--Countervailing Measures (EUI Working Paper, RSCAS No. 69, 2015)  
  

• Capital Offenses: Business Crime and Punishment in America's Corporate Age (W.W. Norton, forthcoming)
  
• Criminally Bad Management, in The Research Handbook on Corporate Crime and Financial Misdealing (Jennifer H. Arlen, forthcoming)
  

Articles and Essays

• Culpability and Modern Crime, 103 Georgetown Law Journal 548-603 (2015)
  

Newspaper Articles and Commentary

• Prosecuting Wells Fargo Executives Won't Solve Anything, Slate (September 16, 2016)
  
• What's In a Word, Your Honor? Defining Fraud is as Tricky as Prosecuting It., Duke Magazine (August 08, 2016)
  
• It's Easy to Hate White Collar Criminals, But It's Surprisingly Hard to Sentence Them, Quartz (July 02, 2016)
  
• Insider Trading Law in Deeper Waters, CLS Blue Sky Blog (January 10, 2015)
  

Articles and Essays

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

• Financing the State (October 28, 2015) (with Margaret H. Lemos)
  

Books

• Racial Justice and Law Cases and Materials (Foundation Press, 2016) (with others)
  

Articles and Essays

• 'Reynolds' Revisited, in Election Law Stories 21-61 (Joshua A. Douglas & Eugene D. Mazo eds., 2016) (with Luis Fuentes-Rohwer)
  
• Foreword, 79 Law & Contemporary 1-3 (2016) (with others)
  
• Foreword: Reflections on Our Founding, 20 Michigan Journal of Race & Law 245-253 (Spring 2015) (with Luis Fuentes-Rohwer)
  
• Habermas, the Public Sphere, and the Creation of a Racial Counterpublic, 21 Michigan Journal of Race & Law 1-21 (Fall 2015) (with Luis Fuentes-Rohwer)
  
• Race, Federalism, and Voting Rights, 2015 University of Chicago Legal Forum 113-152 (with Luis E. Fuentes-Rohwer)
  
• Reynolds Reconsidered, 67 Alabama Law Review 485-535 (2015) (with Luis E. Fuentes-Rohwer)
  
• The Voting Rights Act in Winter: The Death of a Superstatute, 100 Iowa Law Review 1389-1439 (2015) (with Luis E. Fuentes-Rohwer)
  

Newspaper Articles and Commentary

• Fourth Circuit Court of Appeals Strikes Down North Carolina Voting Law, Colored Demos: A Blog on Law, Politics, Democracy, Culture, Race (July 29, 2016) (with Luis Fuentes-Rohwer)
  
• A Voting Rights Movement Is What's Need Now, New York Times (August 05, 2015) (with Luis E. Fuentes-Rohwer)
  

Articles and Essays

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

Books

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

Articles and Essays

• Religiously-Motivated Medical Neglect: A Response to Professors Levine, Jacobs, and Arora, Washington & Lee Law Review Online 359-386 (2016)
  

Articles and Essays

• Brief for Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. June 2016) (with others)
  
• Diffusion of Knowledge: The Ignored Goal of the Public Education, 8 Duke Forum for Law & Social Change 45-58 (2016)
  
• Brief for Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. December 2015) (with others)
  

Newspaper Articles and Commentary

• Former Chief Justice's Change of Heart is Another Bellwether Moment in the Demise of the Death Penalty, NC Policy Watch (June 02, 2016)
  
• Human Rights Hero: Gay J. McDougall, Human Rights (January 01, 2015)
  

• Corporate Law and the Limits of Private Ordering, Washington University Law Review (forthcoming)
  
• Quieting the Shareholders' Voice: Empirical Evidence of Pervasive Bundling in Proxy Solicitations, Southern California Law Review (forthcoming) (with others)
  

• Addressing Agency Costs Through Private Litigation in the U.S.: Tensions, Disappointments, and Substitutes (September 02, 2015) (with Randall S. Thomas)
  

Books

• Business Organizations Law (West, 4th ed. 2016) (Hornbook Series) (with Thomas Lee Hazen)
  

Issues Edited

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

Articles and Essays

• Corporate Darwinism: Disciplining Managers in a World with Weak Shareholder Litigation, ECGI Working Paper Series in Law, no. 309/2016 (March 2016) (with Randall S. Thomas)
  
• "We're Cool" Statements After Obamacare: Securities Fraud Suits for Failures to Comply with the Law, 68 SMU Law Review 716-726 (2015)
  
• Brief of Corporate Law Professors as Amici Curie in Support of Respondents, Friedrichs v. California Teachers Ass'n No. 14-915 (U.S. Nov. 2015) (with others)
  
• Foreword, 78 Law & Contemporary Problems i-v (2015) (with Steven L. Schwarcz)
  
• Iterative Regulation of Securities Markets After Business Roundtable: A Principles-Based Approach, 78 Law & Contemporary Problems 25-45 (2015)
  
• Tweaking Governance for Small Companies after Dodd-Frank, in Perspectives in Financing Innovation 247-254 (James E. Daily et al eds., 2015)
  

• Cases and Case Lawyers, 35 Legal Reference Services Quarterly (forthcoming)
  

Articles and Essays

• More than Decisions: Reviews of American Law Reports in the Pre-West Era (2015)
  
• Law Libraries and Laboratories:The Legacies of Langdell and His Metaphor, 107 Law Library Journal 7-55 (2015)
  

• Democratic Rulemaking, in Oxford Handbook of Law & Economics (forthcoming) (with Edward H. Stiglitz)
  

• Quitting in Protest: A Theory of Presidential Policy Making and Agency Response (March 04, 2015) (with others)
  
• Endogenous Cost Lobbying: Theory and Evidence (January 01, 2015) (with Charles M. Cameron)
  

Books

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

• Agency Costs in Law-Firm Selection: Are Companies Under-Spending on Counsel?, Capitals Markets Law Journal (forthcoming)
  

• Market Information and the Elite Law Firm (January 01, 2016)
  
• The Stock Market Goes Meta: Information and Capital Part Ways in Corporate Finance (January 01, 2016)
  

Articles and Essays

• Law Firm Selection and the Value of Transactional Lawyering, 41 Journal of Corporation Law 393-430 (2015)
  

Articles and Essays

• Brief for Professor Walter Dellinger as Amicus Curiae in Support of Petitioners, U.S. v. Texas, No. 15-674 (U.S. March 2016)
  

Newspaper Articles and Commentary

• Entry 5: The Battle is Not Over., Slate (June 23, 2016)
  
• House Republican's Misguided Obamacare Lawsuit, Washington Post (August 16, 2015)
  
• This May Be the Best Term a Solicitor General Has Ever Had, Slate.com (June 25, 2015)
  
• Red States Will Suffer, Slate.com (March 05, 2015)
  

• Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach, in Equity, Trusts and Commerce (Paul S. Davies & James E. Penner eds., forthcoming)
  
• Culpable Participation in Fiduciary Breach, in Research Handbook on Fiduciary Law (D. Gordon Smith & Andrew S. Gold eds., forthcoming)
  
• Fiduciary Contours: Perspectives on Mutual Funds and Private Funds, in Research Handbook on Mutual Funds (William A. Birdthistle & John D. Morley eds., forthcoming)
  

Books

• Shareholder Derivative Actions: Law and Practice (West Publishing, 2015)   (Annual Supplements 1988-2002, comprehensive integration 2003-2004, 2004-2010, comprehensive integration 2011, 2012-2013) (excerpted in R. Hamilton, Corporations Including Partnerships and Limited Partnerships (1990))
  

Articles and Essays

• Defining Agency and Its Scope (II), in Comparative Contract Law: British and American Perspectives 396-413 (Larry A. DiMatteo & Martin Hogg eds., 2016)
  
• Fiduciary Breach, Once Removed, 94 Texas Law Review See Also 238-249 (2016)
  
• Reply to Laura Macgregor, "Defining Agency and Its Scope (I)", in Comparative Contract Law: British and American Perspectives 414-417 (Larry A. DiMatteo & Martin Hogg eds., 2016)
  
• The Poseur as Agent, in Agency Law in Commercial Practice 35-54 (Danny Busch et al. eds., 2016)
  
• Agency in the Alternatives: Common-law Perspectives on Binding the Firm, in Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations 81-96 (Robert W. Hillman & Mark J. Loewenstein eds., 2015)
  
• Financial Advisors and Tangled Loyalties--the Case of In re Rural Metro, 89 Australian Law Journal 540 (2015)
  
• Forum-Selection Bylaws Refracted Through an Agency Lens, 57 Arizona Law Review 269-297 (2015)
  
• Relationships of Trust and Confidence in the Workplace, 100 Cornell Law Review 1255-1280 (2015)
  

• Accountability and Autonomous Weapons: Much Ado About Nothing?, Temple International & Comparative Law Journal (forthcoming)
  

Articles and Essays

• Why Declarations of War Matter, Harvard Law School National Security Journal (2016)
  
• Legally Speaking, the NATO Treaty Does Not Require the U.S. to "Automatically" Use Force to Defend Allies (2016)
  
• Military Justice, in American Governance 269-270 (Stephen Schechter et al. eds., 2016)
  
• Preface, in Targeting: The Challenges of Modern Warfare (Paul Ducheine et al. eds, , 2016)
  
• The DoD Law of War Manual and its Critics: Some Observations, 92 International Law Studies 85-118 (2016)
  
• A Techno-Thriller That's Not Just for the Beach in August, Lawfare Blog (2015) (reviewing Peter W. Singer & August Cole, Ghost Fleet: A Novel of the Next World War (2015))
  
• Book Review, 44 Parameters 187-189 (2015) (reviewing From Above: War, Violence, and Verticality (Adey et al eds., 2014))
  
• Foreword, in The War on Terror and the Laws of War: A Military Perspective (Michael W. Lewis & Geoffrey S. Corn eds,, 2015)
  
• Lawfare, in National Security Law & Policy (John Norton Moore et al. eds., 2015)
  
• Tightrope Act: Can New FISA Court Reforms Address Privacy Concerns Without Impeding Anti-Terrorism Efforts?, 99 Judicature (No. 2 2015)
  

Newspaper Articles and Commentary

• A Pardon for Patraeus, Washington Times (August 29, 2016)
  
• Why Doesn't the ABA Consider Discrimination Based on Military or Veteran Status to be an Ethics Violation?, Just Security (August 24, 2016)
  
• Do Both Candidates Support More Aggressive Material Support Litigation?, Lawfare (August 22, 2016)
  
• The Moral Hazard of Inaction in War, War on the Rocks (August 19, 2016)
  
• Brexit and National Security? Keep Calm and Carry On, Lawfire (June 26, 2016)
  
• A Few Words about Memorial Day and More, Lawfire (May 27, 2016)
  
• Is the U.S. Military Strategy Doing More Harm or Good in the Middle East?, Conversation (May 12, 2016)
  
• Yes, We Can Lawfully Target Islamic State Trainees Preparing to Conduct Terrorist Attacks in Europe an Elsewhere, Just Security (March 25, 2016)
  
• Getting the Law Right on Carpet Bombing and Civilian Casualties, War On the Rocks (March 23, 2016)
  
• Why Can't the Media be More Transparent about Drones?, Hill (March 21, 2016)
  
• Trump's Campaign Rhetoric, ISIS and the Law of War, Conversation (March 09, 2016)
  
• Can Hillary's Email Troubles Stop Her From Being President? Maybe, But Not Necessarily for the Reason You May Think, Lawfire (February 15, 2016)
  
• Facts that may be Surprising About the U.S. Defense Budget, Herald-Sun (January 01, 2016)
  
• Human Shields: The Dialogue Continues, Just Security (December 16, 2015)
  
• Military Commissions and Fairness, Just Security (December 14, 2015)
  
• A Better Way to Protect Civilians and Combatants than Weapons Bans: Strict Adherence to the Core Principles of the Law of War, Intercross Blog (December 01, 2015)
  
• Russians May Have a Strong Case in Turkish Shootdown, The Hill (November 25, 2015)
  
• Outsourcing Military Discipline is Bad for Everyone, War On the Rocks (October 27, 2015)
  
• Honor, Morality, and the DOD Law of War Manual, Just Security (October 26, 2015)
  
• Drones Versus Their Critics: A Victory for President Obama's War Powers Legacy?, Small War Journal (October 14, 2015)
  
• Civilianizing Military Justice? Sorry, It Can't -- And Shouldn't -- Work, War On the Rocks (October 08, 2015)
  
• Let's Get Facts on Afghan Hospital Incident Before Declaring a War Crime, Hill (October 05, 2015)
  
• The New York Times, Dangerously Uninformed, VS. the Military, Hill (August 13, 2015)
  
• Let's Balance the Argument about the DOD Law of War Manual and Targeting, Just Security (July 10, 2015)
  
• Is the Military Option to Strike Iran (Legally) on the Table?, Hill (July 06, 2015)
  
• With New Ransom Policy, Obama is Thinking with His Heart, Not Head, Hill (June 26, 2015)
  
• Human Shields and the DOD Law of War Manual: Can't We Improve the Debate?, Just Security (June 25, 2015)
  
• Military Commissions After Al-Bahlul, Lawfare (June 24, 2015)
  
• Cyber Operations and the New Defense Department Law of War Manual: Initital Impressions, Lawfare (June 15, 2015)
  
• Casualties and Polls: Some Observations, Just Security (May 26, 2015)
  
• Civilian Casualities, Drones, Airstrikes, and the Perils of Policy, War On the Rocks (May 11, 2015)
  
• To Ban New Weapons or Regulate Their Use?, Just Security (April 03, 2015)
  
• Bringing Bergdahl Home was the Right Choice -- Deserter or Not, Time (March 26, 2015)
  
• Setting Your Compass: Some Thoughts from a (Former) DJAG, 42 Reporter (January 01, 2015 61-65)
  

• Nevada Corporate Law and Shareholder Value (July 17, 2016)
  
• Regulatory Competition and the Market for Corporate Law (July 14, 2016) (with Lorenzo Magnolfi)
  
• The Role of Social Enterprise and Hybrid Organizations (July 11, 2016)
  

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

Articles and Essays

• Neuroscience and Behavioral Genetics in US Criminal Law: An Empirical Analysis, 2 Journal of Law & the Biosciences 485-509 (2016)
  
• The Legal Cycle of Life, in Finding Consciousness: The Neuroscience, Ethics, and Law of Severe Brain Damage 229-245 (Walter Sinnott-Armstrong ed., 2016) (with Rachel Zacharias)
  
• Regulation: The FDA is Overcautious on Consumer Genetics, 505 Nature 286-287 (Jan. 16, 2015) (with Robert C. Green)
  

Newspaper Articles and Commentary

• Can You Legally Consent to a Head Transplant?, Washington Post (August 25, 2016)
  
• 3 Reasons Brain Science is Terrific and Terrifying, World Economic Forum (January 21, 2016)
  
• Colleges Should Allow Students to Take Smart Drugs, Washington Post (November 03, 2015)
  
• Jurors Award $2.25M in "Devious Defecator" Case, Washington Post (June 23, 2015)
  
• Test for "Devious Defecator" was Unlawful, Judge Rules , Washington Post (May 30, 2015)
  
• Zapping the Brain, Washington Post (May 29, 2015)
  
• New Year's Resolutions, Conservatism & Porn, Washington Post (January 01, 2015)
  

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

• Empirical Scholarship on the Prosecution Process at the U.S. Patent Office, in Research Handbook on Economics of Intellectual Property Law (Peter S. Menell & David L. Schwartz eds., forthcoming) (with Melissa Wasserman)
  
• The Economics of Healthcare Rationing, in The Oxford Handbook of U.S. Healthcare Law (I. Glenn Cohen et al eds., forthcoming) (with others)
  
• Does Medical Malpractice Law Improve Health Care Quality?, Journal of Public Economics (forthcoming) (with Anupam B. Jena)
  
• Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents? Evidence from Micro-Level Application Data, Review of Economics and Statistics (forthcoming) (with Melissa Wasserman)
  

• Civil Rights Legislation and Racial Disparities in Health Care (July 27, 2016) (with others)
  
• Racial Disparities in Health Care: Geographic Causes and the Impact of Geographical Standardization in Malpractice Standard of Care Rules (July 27, 2016) (with Anupam B. Jena)
  
• The Effects of Medical Liability Immunities: Evidence from the Military Health System (July 27, 2016) (with Jonathan Gruber)
  
• The Impact of National Medical Liability Standards on Local Access to Physician Services (June 01, 2016) (with others)
  

Articles and Essays

• Patent Office Cohorts, 65 Duke Law Journal 1601-1655 (2016) (with Melissa Wasserman)
  
• Do Physicians Respond to Liability Standards?, 171 Journal of Institutional & Theoretical Economics 58-77 (2015) (with others)
  
• Does the U.S. Patent and Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment, 67 Stanford Law Review 613-676 (2015) (with Melissa Wasserman)
  
• The Effect of Statutory Rape Laws on Teen Birth Rates, 17 American Law & Economics Review 409-461 (2015) (with Matthew C. Harding)
  
• The Surprising Relevance of Medical Malpractice Law, 82 University of Chicago Law Review 317-391 (2015)
  

• Cracking the Code: An Empirical Analysis of Consumer Bankruptcy Outcomes, Minnesota Law Review (forthcoming) (with others)
  

Articles and Essays

• "Look at O.J. ... If He Had a Public Defender, He'd be in Jail." (2016)
  
• Race, Class, and Access to Civil Justice, 101 Iowa Law Review 1234-1322 (2016)
  
• The Failed Reform: Congressional Crackdown on Repeat Chapter 13 Bankruptcy Filers, 89 American Bankruptcy Law Journal 241 (2015)
  

• Lying and the Letter of the Law (forthcoming)
  
• Plea Bargaining, Effective Assistance, and the Market of Defense Counsel, Law & Contemporary Problems (forthcoming)
  
• Reclaiming Legal Empathy for Criminal Procedure: Seeing Not Feeling (forthcoming)
  
• The Courage of Moderation (forthcoming)  (reviewing Linda Hirshman, Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (2015))
  

Articles and Essays

• Brief of Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. June 2016) (with others)
  
• Criminal Adjudication, Error Correction, and Hindsight Blind Spots, 73 Washington & Lee Law Review 165-215 (2016)
  
• Silence, Confessions, and the New Accuracy Imperative, 65 Duke Law Journal 697-753 (2016)
  
• Brief for Amici Curiae Professors of Law in Support of Petitioner, Pena Rodriguez v. Colorado, No. 15-606 (U.S. December 2015) (with others)
  
• Barriers to Entry and Justice Ginsburg's Criminal Procedure Jurisprudence, in The Legacy of Ruth Bader Ginsburg 102-116 (Scott Dodson ed., 2015)
  

Newspaper Articles and Commentary

• 'Making a Murderer' is About Justice, Not Truth, New York Times (January 12, 2016)
  

• Sovereign Debt and the "Contracts Matter" Hypothesis, in Oxford Handbook of Law and Economics (forthcoming) (with W. Mark C. Weidemaier)
  
• Contractual Arbitrage, in Oxford Handbook of International Governance (forthcoming) (with others)
  
• A Market for Sovereignty Control, Duke Law Journal (forthcoming) (with Joseph Blocher)
  
• Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis, Columbia Human Rights Law Review (forthcoming) (with Joseph Blocher)
  
• Markets and Sovereignty, Osgoode Hall Law Journal (forthcoming)
  
• Pricing Contract Terms in a Crisis: Venezuelan Bonds in 2016, Capital Markets Law Journal (forthcoming) (with others)
  
• Restructuring Sovereign Debt After NML v. Argentina, Capital Markets Law Journal (forthcoming) (with Lee C. Buchheit)
  

• The Puzzle of PDVSA Bond Prices (August 02, 2016) (with others)
  
• The Price of Law: The Case of the Eurozone's Collective Action Clauses (July 28, 2016) (with others)
  
• A Sovereign's Cost of Capital: Go Foreign or Stay Local (June 21, 2016) (with others)
  
• Courts of Good and Ill Repute: Garoupa & Ginsburg's Judicial Reputation: A Comparative Theory (May 23, 2016) (reviewing Nuno Garoupa & Tom Ginsburg, Judicial Reputation: A Comparative Theory (2015)) (with Tracy E. George)
  
• Evaluating the 2013 Euro CAC Experiment (May 20, 2016) (with others)
  
• Discrimination by Customers (March 28, 2016) (with Katharine T. Bartlett)
  
• Differeing Perceptions? Market Practice and the Evolution of Foreign Sovereign Immunity (February 28, 2016) (with Mark C. Weidmaier)
  
• Pricing Sovereign Debt: Discretion v. Expropriation (February 23, 2016) (with others)
  
• Custom in Our Courts: Reconciling Theory with Reality (February 21, 2016) (with Nikki C. Gutierrez)
  
• How Bayesian are Judges? (November 08, 2015) (with others)
  

Books

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

Articles and Essays

• Can Greece be Expelled from the Eurozone? Toward a Default Rule of Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al eds., 2016) (with others)
  
• Customary International Law: How Do Courts Do It?, in Custom's Future: International Law in a Changing World (Curtis A. Bradley, ed., 2016) (with Stephen J. Choi)
  
• Talking One's Way Out of a Debt Crisis, in Filling the Gaps in Governance: The Case of Europe 37-44 (Franklin Allen et al eds., 2016) (with Lee C. Buchheit)
  
• Targeted Subordination of Official Sector Debt, 31 Banking & Finance Law Review 371-376 (2016) (with Lee C. Buchheit)
  
• The Management of Staff by Federal Court of Appeals Judges, Vanderbilt Law Review 479-497 (2016) (with Richard A. Posner)
  
• The Pricing of Non-Price Terms in Sovereign Bonds: The Case of the Greek Guarantees, 1 Journal of Law, Finance, and Accounting 1-40 (2016) (with Stephen J. Choi)
  
• When Governments Write Contracts: Policy and Expertise in Sovereign Debt Markets, in Contractual Knowledge: One Hundred Years of Experimentation in Global Markets 92-117 (Grégoire Mallard & Jérôme Sgard eds., 2016) (with others)
  
• The Relevance of Law to Sovereign Debt, 11 Annual Review of Law & Social Science 395-408 (2015) (with W. Mark Weiddemaier)
  
• The Role of Competence in Promotions from the Lower Federal Courts, 44 Journal of Legal Studies s107-s131 (January 2015) (with others)
  

Newspaper Articles and Commentary

• Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Joseph Blocher)
  

• The Law and Politics of the Andean Tribunal of Justice (Oxford University Press, forthcoming) (with Karen J. Alter)
  
• The Law and Politics of the Andean Tribunal of Justice (Oxford University Press, forthcoming) (with Karen J. Alter)
  
• Symposium on International Courts in Context, 79 Law & Contemporary Problems (No. 1, forthcoming) (co-editor with Karen J. Alter & Mikael Rask Madsen)
  
• An Instrument Choice Perspective on Customary International Law, 37 Michigan Journal of International Law (forthcoming) (with Ingrid Wuerth)
  
• The Authority of International Courts, in Authority of International Courts in a Complex World (forthcoming) (with others)
  

• Sub-Regional Courts in Africa: Litigating the Hybrid Right to Freedom of Movement (September 01, 2015)
  
• African Sub-regional Courts and Human Rights: Access, Interpretation and Remedies (part of a symposium on Comparing Regional Human Rights Courts and Commissions)
  
• Kenya’s Backlash Against the International Criminal Court: Strategies and Consequences (with Annie Showalter, 2017 JD-LLM candidate)
  
• Understanding State Backlashes Against International Courts  (with Karen J. Alter)
  

Articles and Essays

• Backlash Against International Courts in West, East, and Southern Africa: Causes and Consequences, 27 European Journal of International Law 293-328 (2016) (with others)
  
• Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al eds., 2016) (with others)
  
• Collective Management of Copyright and Human Rights: An Uneasy Alliance Revisited, in Collective Management of Copyright and Related Rights 81-108 (Daniel Gervais ed., 3d ed. 2016)
  
• How Context Shapes the Authority of International Courts, 79 Law & Contemporary Problems 1-36 (2016) (with Karen J. Alter & Mikael Rask Madsen)
  
• The Evolution of Codification: A Principal-Agent Theory of the International Law Commission's Influence, in Custom's Future: International Law in a Changing World (Curtis Bradley ed., 2016) (with Tim Meyer)
  
• Brief for Foreign and Comparative Law Experts Harold Hongju Koh et al. as Amici Curiae in Support of Petitioners, Obergefell v. Hodges, (U.S. Mar. 6, 2015) (Nos. 14-556, 14-562, 14-571, 14-574)
  
• Mapping the Interface Between Human Rights and Intellectual Property, in Research Handbook on Human Rights and Intellectual Property 6-15 (Christophe Geiger ed., 2015)
  
• Pharmaceutical Patents and the Human Right to Health: The Contested Evolution of the Transnational Legal Order on Access to Medicines, in Transnational Legal Orders 311-339 (Terence Halliday & Greg Shaffer eds., 2015)
  

Newspaper Articles and Commentary

• Avoiding a Rush to Exit -- Article 50 and the UK's Withdrawal from the EU, Opinio Juris (June 26, 2016)
  

Newspaper Articles and Commentary

• It's Time for a New Primary Electorial System, RealClear Politics (August 06, 2016)
  

Articles and Essays

• Feminism and International Law in the Post 9/11 Era, 39 Fordham International Law Journal 533-590 (2016)
  
• Same, But Different: Assessing the Interaction of Migrant Workers' Rights and Anti-Trafficking Regimes Under International Law, 47 NYU Journal of International Law & Policy 593 (2015)
  

Newspaper Articles and Commentary

• France's Burkini Bans Put Muslim Women in Danger (August 24, 2016)
  
• Why Women Join ISIS, TIME (December 07, 2015)
  
• The Complexities of Women, Peace, Security and Countering Violent Extremism, Just Security (September 24, 2015)
  
• Gender, Violent Extremism, and Countering Violent Extremism, Just Security (March 03, 2015)
  
• When Women Become Terrorists, New York Times (January 21, 2015, at A27)
  

Books

• Intellectual Property: Law & the Information Society Cases & Materials (Center for the Study of the Public Domain, 2d ed. 2015) (with James Boyle)
  

Articles and Essays

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

Newspaper Articles and Commentary

• In Praise of a Mentor and Friend, Duke Law Magazine (October 01, 2015 22-23)
  
• The "Blurred Lines" of the Law, Center for the Study of the Public Domain (March 26, 2015)
  

Articles and Essays

• Foreword, 79 Law & Contemporary 1-3 (2016) (with others)
  

Newspaper Articles and Commentary

• Five Years Later, Flash Crash Still Shrouded in Mystery, Huffington Post (May 06, 2016) (with Dennis M. Kelleher)
  
• Why is it Corporate Lobbyists are the Only Ones Heard?, delawareonline (May 09, 2015)
  
• A Wall Street Recipe That Puts Us All at Risk, delawareonline (January 30, 2015)
  

• How Bayesian are Judges? (November 08, 2015) (with others)
  

Articles and Essays

• On Attempts to Gerrymander "Positive" and "Normative" Political Theory: Six Theses, 24 Good Society 30-48 (2015) (with James Johnson)
  
• Some Ideas on How Political Scientists Can Develop Real-World Implications from Their Research (Without Becoming Policy Wonks or Law Professors), in Making Law and Courts Research Relevant: The Normative Implications of Empirical Research 14-26 (Brandon L. Bartles & Chris W. Bonneau eds., 2015) (with others)
  

• Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with others)
  
• Law and Markets, 81 Law & Contemporary Problems (forthcoming) (with Joseph Blocher)
  

Articles and Essays

• Is Informed Consent Enough?, 16 American Journal of Transplantation 1038 (2016) (with others)
  
• Diversity and Talent at the Top: Lessons From the Boardroom, in Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers 37-80 (Spencer Headworth et al eds., 2016) (with others)
  
• Lessons from Law About Incomplete Commodification in the Egg Market, 33 Journal of Applied Philosophy 160-177 (2016)
  
• How Can the Shortage of Kidneys for Transplantation be Rectified? Medical Law Perspectives (July 2015) (with Philip J. Cook)
  
• Markets, Morals, and Limits in the Exchange of Human Eggs, 13 Georgetown Journal of Law & Public Policy 349-365 (2015)
  
• The Volcker Rule: A Brief Political History, 10 Capital Markets Law Journal 507-522 (2015) (with Guangya Liu)