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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
Articles & Essays
- 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 125-149 (Anne-Marie D'Aoust, ed., ) (with Daniel Pham)
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 ()
Lawrence G. Baxter
Newspaper Articles and Commentary
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 ()
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., )
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, 2021-2022) (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)
- "Second-Class" Rhetoric, Ideology, and Doctrinal Change, Georgetown Law Journal () (with Eric Ruben)
- Beyond Felons: Other Prohibited Classes of Arms Possession, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Joseph Blocher, Jacob D. Charles, and Darrell A. H. Miller, eds., ) (with Caitlin Carberry)
- Constitutional Gun Litigation Beyond the Second Amendment, 77 NYU Annual Survey of American Law () (with Noah Levine)
- Living With Guns: Legal and Constitutional Considerations for Those Living With Temporarily Prohibited Possessors, Journal of the American Academy of Matrimonial Lawyers () (with Maisie Wilson)
- Race and Guns, Courts and Democracy, Harvard Law Review Forum () (with Reva B. Siegel)
- Navassa: Property, Sovereignty, and the Law of the Territories, Yale Law Journal () (with Mitu Gulati)
Works in Progress
- Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders () (with Catie Carberry)
Articles & Essays
- Cities, Preemption, and the Statutory Second Amendment, 89 University of Chicago Law Review 557-580 ()
- Guns and Democracy () (with Reva B. Siegel)
- Pointing Guns, 99 Texas Law Review 1173-1200 () (with others)
- The Biggest Legal Obstacle to Gun Regulation: State Preemption Laws, Not the Second Amendment, 111 American Journal of Public Health 1192-1193 ()
- Two Concepts of Gun Liberty, 39 Quinnipiac Law Review 363-370 ()
- 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)
Newspaper Articles and Commentary
- No, Courts Don’t Treat the Second Amendment as a ‘Second-Class Right’, Washington Post () (with Eric Ruben)
- 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)
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)
Newspaper Articles and Commentary
- A Love Letter to the Regular Pickup Game, Washington Post ()
- Everything You Know About Section 230 Is Wrong (But Why?), Techdirt ()
- Duke’s Sturgis Graduation Do-Over, UWIRE ()
Rachel Brewster
Articles & Essays
- Fishy SPS Measures? The WTO's Korea – Radionuclides Dispute, 20 World Trade Review 524-532 () (with Carolyn Fischer)
- Reputation, Self-Esteem, and Competitive Rewards , 115 AJIL Unbound 210-215 ()
Newspaper Articles and Commentary
- Rebooting America: International Trade, 40 Duke Law Magazine ()
Samuel W. Buell
Forthcoming
- A Restatement of Corporate Criminal Liability's Theory and Research Agenda, Journal of Corporation Law ()
- Criminal Liability, in Research Handbook on Corporate Liability (M. Petrin and C. Witting, eds., )
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, )
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)
Newspaper Articles and Commentary
- The Second Circuit Was Wrong in Reversing Ex-Deutsche Bank Traders’ Libor Convictions, CLS Blue Sky Blog ()
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)
- The Promise (and Peril) of Libertarian Solutions to Gun Violence, 40 Criminal Justice Ethics () (reviewing Ian Ayres & Fredrick E. Vars, Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (2020))
- 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)
Articles & Essays
- Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution, 120 Michigan Law Review 581-642 ()
- 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 ()
Newspaper Articles and Commentary
- Sandy Hook Gun Settlement Marks a Turning Point, U.S. Law Week ()
- Are Gun Rights Safe After S.B. 8?, The Hill ()
- Newsom’s Riff on the Texas Abortion Law Is Less Radical Than It Sounds, Los Angeles Times ()
- Supreme Court Justices Sounded Suspicious of New York’s Gun Law. Here’s What Might Come Next, Washington Post ()
- COVID Lays Bare the Need for Attending to Second Amendment Theory, NULR Of Note () (with Gabriel Delane)
Doriane Lambelet Coleman
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022) (with Donald H. Beskind)
Issues Edited
- Sex in Law, 85 Law and Contemporary Problems (No. 1, ) (with Kimberly D. Krawiec)
Articles & Essays
- Foreword: Sex in Law, 85 Law and Contemporary Problems 1-8 () (with Kimberly D. Krawiec)
- Sex Neutrality, 85 Law and Contemporary Problems 241-263 ()
- Adolescent Medical Decisionmaking Rights, 47 American Journal of Law & Medicine 386-426 () (with Philip M. Rosoff)
Newspaper Articles and Commentary
- Yes, Kamila Valieva Should Be Skating in Beijing, Washington Post ()
- On the Issue of Female Athletics, the IOC Has Shirked Its Duty to Lead, Quillette () (with Martina Navratilova)
- N.C. Bill Goes Too Far in Banning Transgender Girls From Female Sports. There Are Options, News & Observer () (with others)
James E. Coleman, Jr.
Newspaper Articles and Commentary
- Justice Berger Must Recuse Himself From Case That Involves His Father, the Senate Leader, News & Observer ()
- 25 Years in Prison. $45 as Compensation. NC Is Failing the Wrongfully Convicted, Charlotte Observer () (with Jamie T. Lau)
James D. Cox
Works in Progress
- Resisting the Return to Managerialism: Institutionalizing the Shareholder Voice in the Monitoring Model () (with Randall S. Thomas)
Books
- Corporations (West Academic, 16th ed. 2016; Gilbert, 17th ed. 2021) (Gilbert Law Summaries) (with others)
- Securities Regulation: Cases and Materials (Aspen Law & Business, Wolters Kluwer 2013-, 1991, 2d ed. 1997, 3d ed. 2001, 4th ed. 2004, 5th ed. 2006, 6th ed. 2009, 7th ed. 2013, 8th ed. 2017, 9th ed. 2019, 10th ed. ) (with others)
Articles & Essays
- A Revised Monitoring Model Confronts Today's Movement Toward Managerialism, 99 Texas Law Review 1275-1307 () (with Randall S. Thomas)
- The SEC's Shareholder Proposal Rule: Creating a Corporate Public Square, 2021 Columbia Business Law Review 1147-1198 () (with Randall S. Thomas)
Newspaper Articles and Commentary
- Will It Float?: The Legitimacy of the SEC’s Authority for Climate Risk Disclosures, CLS Blue Sky Blog ()
John M. de Figueiredo
Forthcoming
- The Timing of Lobbying, in Corruption, Business Law, and Business Ethics (Philip Nichols, ed., )
Articles & Essays
- Innovation in the U.S. Government, in The Role of Innovation and Entrepreneurship in Economic Growth 433-464 (Michael J. Andrews, Aaron K. Chatterji, Josh Lerner and Scott Stern, eds., ) (with Joshua R. Bruce)
- Elections, Ideology, and Turnover in the US Federal Government, 31 Journal of Public Administration Research and Theory 451-466 () (with others)
Elisabeth D. de Fontenay
Forthcoming
- Side Letter Governance, Washington University Law Review () (with Yaron Nili)
- The Use of Debt in Corporate Finance, in Encyclopedia of Law and Economics: Corporate Law and Economics (A. Badawi ed., )
Articles & Essays
- The $900 Million Mistake: In re Citibank August 11, 2020 Wire Transfers (S.D.N.Y. Feb. 16, 2021), 16 Capital Markets Law Journal 307-313 ()
- The New Public/Private Equilibrium and the Regulation of Public Companies, 2021 Columbia Business Law Review 1199-1243 () (with Gabriel Rauterberg)
Newspaper Articles and Commentary
Walter E. Dellinger III
Newspaper Articles and Commentary
- Yes, the Supreme Court ‘Should Look Like the Country', New York Times ()
Deborah A. DeMott
Forthcoming
- Resale Payment Rights for Artists, in Art Law: Cases and Controversies (Paul E. Bain ed., )
- The Platform as Agent, in Intermediaries in Commercial Law (Paul S. Davies & Tan Cheng-Han, eds., )
- Rogue Brokers and the Limits of Agency Law, in Cambridge Handbook of Investor Protection (Arthur B. Laby, ed., )
Articles & Essays
- Brief of Amica Curiae Deborah A. DeMott in Support of Petitioner , Kirschner v. Fitzsimons, et al., No. 21-1006 (U.S., February 2022)
- 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 ()
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 ()
Newspaper Articles and Commentary
- The Law of Armed—and Unmanned—Conflict, Modern War Institute: Commentary & Analysis ()
- Finding the Right U.S. Defense Leaders, Just Security ()
Ofer Eldar
Forthcoming
- A Lawyers' Guide to Empirical Corporate Governance, Stanford Journal of Law, Business, and Finance ()
Works in Progress
- Common Ownership and Startup Growth () (with others)
Articles & Essays
- The Rise of Dual-Class Stock IPOs, 144 Journal of Financial Economics 122-153 () (with others)
- 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)
Newspaper Articles and Commentary
- To Make a Difference, Businesses Must Have a Stake in Social Missions, ProMarket ()
Shane Ellison
Articles & Essays
- Dismantling the Wall, 120 Michigan Law Review Online 1-21 () (with Anjum Gupta)
Kate Evans
Articles & Essays
- Punishing With Impunity: The Legacy of Risk Classification in Immigration Detention, 36 Georgetown Immigration Law Journal 1-72 () (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
Books
- Consumer Genetic Technologies : Ethical and Legal Considerations (Cambridge University Press, ) (editor with others)
Articles & Essays
- Advancing the Ethical Dialogue About Monkey/Human Chimeric Embryos, 184 Cell 1962-1963 () (with Henry T. Greely)
- Neuroethics: Fostering Collaborations to Enable Neuroscientific Discovery, 11 AJOB Neuroscience 148-154 () (with Khara M. Ramos)
- 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 ()
- The Rise and Fall of the ‘’Warrior Gene’’ Defense, 371 Science () (with Gene E. Robinson)
- 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)
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)
- Investing in Ex Ante Regulation: Evidence From Pharmaceutical Patent Examination () (with Melissa F. Wasserman)
Articles & Essays
- Is Great Information Good Enough? Evidence from Physicians as Patients 75 Journal of Health Economics, Article 102406, 1-20 (2020) (with others)
- Knowledge Spillovers, Peer Effects, and Telecommuting: Evidence From the U.S. Patent Office, 198 Journal of Public Economics 1-17 () (with Melissa F. Wasserman)
Brandon L. Garrett
Forthcoming
- Forensic Science in Legal Education, Journal of Law and Education () (with others)
- Error Aversions and Due Process, Michigan Law Review () (with Gregory Mitchell)
- Law, Psychology, and Wrongful Convictions, in The Oxford Handbook of Psychology and Law () (with William Crozier)
- Models of Bail Reform, Florida Law Review ()
- Open Prosecution, Stanford Law Review () (with others)
- Understanding the Impact of Driver’s License Suspension: Lay Opinion in Impacted and Non-Impacted Populations, Justice Evaluation Journal () (with others)
- The Trajectory of Federal Gun Crimes, University of Pennsylvania Law Review () (with Jacob D. Charles)
Works in Progress
- Innocence Presumptions () (with Gregory Mitchell)
- Towards a Right to Prison Health () (with others)
Books
- Autopsy of a Crime Lab: Exposing the Flaws in Forensics (University of California Press, )
Articles & Essays
- A Practical Tool for Information Management in Forensic Decisions: Using Linear Sequential Unmasking-Expanded (LSU-E) in Casework , 4 Forensic Science International: Synergy, article 100216, 1-6 (2022) (with others)
- Spiraling Criminal Debt, 34 Federal Sentencing Reporter 92-97 ()
- The Law and Science of Eyewitness Evidence, 102 Boston University Law Review 511-629 () (with Thomas D. Albright)
- Viral Injustice, 110 California Law Review 117-178 () (with Lee Kovarsky)
- 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))
- Battling to a Draw: Defense Expert Rebuttal Can Neutralize Prosecution Fingerprint Evidence, 35 Applied Cognitive Psychology 976-987 () (with Gregory Mitchell)
- Bringing New Statistical Approaches to Eyewitness, in Handbook of Forensic Statistics 499-539 (David L. Banks, Karen Kafadar, David H. Kaye, Maria Tackett, eds., ) (with others)
- Can We Get Over IDs?, 10 Journal of Applied Research in Memory and Cognition 212-214 () (with Chad S. Dodson)
- Closing International Law's Innocence Gap, 95 Southern California Law Review 311-364 () (with others)
- Convicting the Innocent, Worldwide, in L'errore Giudiziario (Luca Lupária Donati, ed., )
- Convicting With Confidence? Why We Should Not Over-Rely on Eyewitness Confidence, Memory () (with others)
- Corporate Crimmigration, 2021 University of Illinois Law Review 359-398 ()
- Error, Forensic Evidence, and the Death Penalty, 42 Amicus Journal 11-14 ()
- Eyewitness Identification Speed: Slow Identifications From Highly Confident Eyewitnesses Hurt Perceptions of Their Testimony, 10 Journal of Applied Research in Memory and Cognition 259-267 () (with others)
- Judges and Forensic Science Education: A National Survey, 321 Forensic Science International 1-7 () (with others)
- 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)
- North Carolina Specialty Courts, Treatment Access, and the Substance Use Crisis: A Promising but Underfunded Model, 72 Psychiatric Services 1471-1474 () (with others)
- Panel Discussions - Autopsy of a Crime Lab: Exposing the Flaws in Forensics, 2 Wrongful Conviction Law Review 121-154 () (with others)
- Prosecutors Post-Conviction, in The Oxford Handbook of Prosecutors and Prosecution (Ronald F. Wright, Kay L. Levine, and Russell M. Gold, eds., )
- Test a Witness’s Memory of a Suspect Only Once, 22 Psychological Science in the Public Interest 1s-18s () (with others)
- Unpacking the Source of Error in Forensic Evidence, 45 Champion 20-30 ()
- Monitoring Pretrial Reform in Harris County: First Sixth Month Report of the Court-Appointed Monitor () (with Sandra Guerra Thompson)
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
- Clinicians Reflect on COVID-19: Lessons Learned and Looking Beyond, 28 Clinical Law Review 15-44 () (with others)
- COVID-19's Impact on Students with Disabilities in Under-Resourced School Districts, 48 Fordham Urban Law Journal 127-141 ()
Sara Sternberg Greene
Forthcoming
- Credit Scoring Duality, 86 Law and Contemporary Problems () (with Pamela Foohey)
- Elderly Poverty, in Law and the 100-Year Life (Abbe Gluck & Anne Alstott, eds., )
- Judging Without a J.D., Columbia Law Review () (with Kristen Renberg)
Articles & Essays
- Stealing (Identity) From the Poor, 106 Minnesota Law Review 59-124 ()
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)
Lisa Kern Griffin
Newspaper Articles and Commentary
- Procedural Equality in Ginsburg’s Criminal Justice Decisions, SCOTUSblog ()
Ben K. Grunwald
Forthcoming
- Toward an Optimal Decarceration Strategy, 33 Stanford Law & Policy Review ()
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
- African Sub-Regional Approaches to Human Rights, in Oxford Handbook of Comparative Human Rights Law (Neha Jain & Mila Versteeg ed., ) (with Jo Um Eom)
- State Silence in the European Human Rights System, in The Silence of States Across International Law (Danae Azaria, ed., ) (with Olivia C. Daniels)
- The Marrakesh VIP Treaty: Using the Tools of IP law to Advance Human Rights, in Improving Intellectual Property Law (Susy Frankel et al., eds., )
- Treaty Withdrawals in a Turbulent World: A Retrospective on “Exiting Treaties” , in Leading Works in International Law (Donna Lyons, ed., )
Works in Progress
- Overseeing Human Rights: Assessing the Impact of the Facebook Oversight Board () (with Molly Land)
Articles & Essays
- Book Reviews, 116 American Journal of International Law 206-210 () (reviewing Zoltán I. Búzás, Evading International Norms: Race and Rights in the Shadow of Legality (2021))
- LGBT Rights as Mega-Politics: Litigating Before the ECtHR, 84 Law and Contemporary Problems 59-93 () (with Clare Ryan)
- Closing International Law's Innocence Gap, 95 Southern California Law Review 311-364 () (with others)
- Rethinking Derogations from Human Rights Treaties, 115 American Journal of International Law 20-40 ()
- Walking Back Dissents on the European Court of Human Rights: A Rejoinder to Alec Stone Sweet, Wayne Sandholtz and Mads Andenas, 32 European Journal of International Law 907-914 () (with Erik Voeten)
Newspaper Articles and Commentary
- Russia and the European Human Rights System: Doing the Right Thing … but for the Right Legal Reason?, EJIL:Talk! () (with Kanstantsin Dzehtsiarou)
- Is the Facebook Oversight Board an International Human Rights Tribunal?, Lawfare () (with Molly K. Land)
Donald L. Horowitz
Books
- Constitutional Processes and Democratic Commitment (Yale University Press, )
Jayne Huckerby
Articles & Essays
- Closing International Law's Innocence Gap, 95 Southern California Law Review 311-364 () (with others)
- Feminist Theories of International Law, in Elgar Encyclopedia of Human Rights (Christina Binder, Manfred Nowak, Jane A. Hofbauer and Philipp Janig, eds., )
Newspaper Articles and Commentary
- When Terrorists Traffic Their Recruits, Just Security ()
- Families in the Crosshairs of National Security, Just Security () (with Fionnuala Ní Aoláin)
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
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)
David F. Levi
Articles & Essays
- Foreword: Innovations in Complex Litigation and Settlement, 84 Law and Contemporary Problems i-iii () (with others)
Newspaper Articles and Commentary
- Leaving Afghanistan, 105 Judicature International ( (30-45)) (with others)
- The Supreme Court Isn’t Broken. Even if It Were, Adding Justices Would Be a Bad Idea, Washington Post () (with Thomas B. Griffith)
- 2020 Election Litigation: The Courts Held, 105 Judicature ( (8-13)) (with others)
- Judicial Independence: Threats Foreign and Domestic, 105 Judicature ( (12-20)) (with others)
- The Future of the U.S. Presidency, 105 Judicature ( (14-21)) (with others)
Marin K. Levy
Articles & Essays
- Open Road? Ford Reroutes Personal Jurisdiction, 105 Judicature 76-83 () (with others)
- Composition of the Supreme Court: Written Statement of Marin K. Levy for Presidential Commission on the Supreme Court of the United States ()
- 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 Office of the Chief Circuit Judge, 169 University of Pennsylvania Law Review 2425-2484 () (with Jon O. Newman)
- The Promise of Senior Judges, 115 Northwestern University Law Review 1227-1260 ()
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 Women's Voices: Preventing Retaliatory Defamation Claims in the #MeToo Context, 94 St. John's Law Review 961-969 ()
H. Timothy Lovelace, Jr.
Forthcoming
- The World is on Our Side: The U.S. and the U.N. Race Convention (Cambridge University Press, )
Articles & Essays
- Civil Rights as Human Rights , 71 Duke Law Journal 1849-1922 ()
- 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)
- Prohibitions on Private Armies in State Constitutions, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Joseph Blocher, Jacob D. Charles, and Darrell A. H. Miller, eds., )
Articles & Essays
- African Americans and the Insurrectionary Second Amendment ()
- 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)
Newspaper Articles and Commentary
- Montgomery Facing Litigation for Renaming Street After Civil Rights Leader, SLoG ()
- Conservatives Sound Like Anti-racists — When the Cause Is Gun Rights, Washington Post ()
- 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 ()
Lidiya Mishchenko
Articles & Essays
- A Functional Approach to Agency (In)Action, 75 SMU Law Review 117-150 ()
Madeline Morris
Forthcoming
- Combatants, Brigands, and Rebels: The Law of Transnational Terrorism (Oxford University Press, )
Michelle Benedict Nowlin
Articles & Essays
- Recognize Fish as Food in Policy Discourse and Development Funding, 50 Ambio 981-989 () (with others)
Michele Okoh
Forthcoming
- A Drop in the Bucket: North Carolina’s Neglected Water Problem--Private Well Water Contamination, North Carolina Civil Rights Law Review () (with Claire Mullaney)
- America Erased, in Facing the Worst Climate Case: The Role of Law ()
- Environmental Impacts on Maternal Health, in Practical Playbook III: Working Together to Improve Maternal Health (N.D. Hernandez, ed., )
- Forgotten Waters, Georgetown Law Journal ()
Articles & Essays
- Adapting to a 4°C World, 52 Environmental Law Reporter 10211-10239 () (with others)
- The Need for Social Support From Law Schools During the Era of Social Distancing, 16 FIU Law review 117-132 () (with Inès Ndonko Nnoko)
Newspaper Articles and Commentary
- America Erased, GreenLaw ()
- Race & Equity in Durham, Community Blog (Durham Committee on the Affairs Of Black People) ()
H. Jefferson Powell
Articles & Essays
- John Marshall Harlan and Constitutional Adjudication: An Anniversary Rehearing, 9 Belmont Law Review 62-148 ()
- 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, )
- Land Options for Housing: How New Property Rights Can Break Old Land Monopolies, University of Pennsylvania Journal of International Law () (with Roderick M. Hills, Jr.)
- The Structure and Spirit of Chinese Property Law, in Handbook of Property, Law and Society (Nicole Graham, Margaret Davies, and Lee Godden eds., )
- 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
- A Rural-Urban Crossroads in Chinese Law: Qiao Shitong on the Development and Future of Chinese Eminent Domain, Bulletin -- Columbia Journal of Transnational Law () (with Marc Chien)
- Breaking Old Land Monopoly in Hong Kong to Resolve the City’s Housing Crisis, South China Morning Post () (with Roderick M. Hills, Jr.)
- Development Rights for All, 1 USALI Perspectives () (with Roderick M. Hills, Jr.)
- Here Is How TDRs Outweigh Lantau Reclamation Plan, South China Morning Post (, at p2) (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)
- Whether and How the U.S. Government Should Exercise Its Compulsory Licensing Authority Under 28 U.S.C. § 1498 and the Bayh-Dole Act, 11 NYU Journal of Intellectual Property & Entertainment Law 38-59 () (with others)
- Trust, But Verify: Informational Challenges Surrounding AI-Enabled Clinical Decision Software () (with others)
Newspaper Articles and Commentary
- Rebooting America: Innovation Policy, 40 Duke Law Magazine ()
Sarah Bloom Raskin
Newspaper Articles and Commentary
- Changing the Climate of Financial Regulation, Project Syndicate ()
- Changing the Climate of Financial Regulation, Project Syndicate ()
Lee Reiners
Articles & Essays
- Blockchain Democracy: Technology, Law and the Rule of the Crowd, 37 Banking & Finance Law Review 191-196 () (reviewing William Magnuson, Blockchain Democracy: Technology, Law and the Rule of the Crowd (2020))
- Cryptocurrency and the State: An Unholy Alliance, 30 Southern California Interdisciplinary Law Journal 695-715 ()
- From Laggard to Leader: Updating the Securities Regulatory Framework to Better Meet the Needs of Investors and Society () (with Tyler Gellasch)
- Regulation of Robo-Advisory Services, in FinTech: Law and Regulation 395-419 (Jelena Madir, ed., )
- The Uncertain Prudential Treatment of Crypto-Assets, in Regtech, Suptech and Beyond: Innovation in Financial Services (Bill Coen and D. R. Maurice, eds., )
Newspaper Articles and Commentary
- Ban Cryptocurrency to Fight Ransomware, Wall Street Journal ()
- NC Should Speed Help to the 435,000 North Carolinians Who Are Behind on Rent, Raleigh News & Observer () (with others)
Barak D. Richman
Articles & Essays
- Professional Self-Regulation in Medicine: Will the Rise of Intelligent Tools Mean the End to Peer Review?, in The Future of Medical Device Regulation: Innovation and Protection 244-255 (I. Glenn Cohen, Timo Minssen, W. Nicholson Price II, Christopher Robertson, Carmel Shachar, eds., ) (with Anthony P. Weiss)
- Will CMS Find Aducanumab Reasonable and Necessary for Alzheimer Disease After FDA Approval?, JAMA () (with others)
- Macromedical Regulation, 82 Ohio State Law Journal 727-777 () (with Steven L. Schwarcz)
- On Skepticism, Modesty, and Embracing Those With Whom We Disagree: A Rejoinder, 82 Ohio State Law Journal 869-877 () (with Steven L. Schwarcz)
- Reducing Administrative Costs in US Health Care: Assessing Single Payer and Its Alternatives, 56 Health Services Research 615-625 () (with others)
- Telemedicine and Medical Licensure — Potential Paths for Reform, 384 New England Journal of Medicine 687-690 () (with others)
- The No Surprises Act and Informed Financial Consent, 385 New England Journal of Medicine 1348-1351 () (with others)
Newspaper Articles and Commentary
- A Cancer Patient’s Brutal Commute, Wall Street Journal () (with Ateev Mehrotra)
- Cutting the Gordian Knot of Employee Health Care Benefits and Costs: A Corporate Model Built on Employee Choice, Health Affairs Forefront () (with Regina E. Herzlinger)
- 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)
- Give Employees Cash to Purchase Their Own Insurance, Harvard Business Review () (with Regina Herzlinger)
- How to Save Democracy From Technology: Ending Big Tech’s Information Monopoly, Foreign Affairs () (with others)
Stephen E. Roady
Articles & Essays
- Will Unilateral Action Improve the Global Conservation Status of Marine Mammals? A First Analysis of the U.S. Marine Mammal Protection Act’s Import Provisions Rule 135 Marine Policy, article 104832, 1-10 (2022) (with others)
- Recognize Fish as Food in Policy Discourse and Development Funding, 50 Ambio 981-989 () (with others)
Richard L. Schmalbeck
Forthcoming
- Substance Over Form in Transfer Tax Adjudication, Loyola of Los Angeles Law Review () (with Jay Soled)
Steven L. Schwarcz
Forthcoming
- Next-Generation Securitization: NFTs, Tokenization, and the Monetization of ‘Things’, Boston University Law Review ()
- Regulating Digital Currencies: Towards an Analytical Framework, Boston University Law Review ()
- Regulating Global Stablecoins: A Model-Law Strategy, Duke Global Working Paper Series ()
- The Global Derivatives Market, in Research Handbook on Global Capital Markets Law (Iain MacNeil and Iris H-Y Chiu, eds., ) (with Leila Hatem)
- The Inequities of Equitable Subordination, 96 American Bankruptcy Law Journal ()
- Insuring the 'Uninsurable': Catastrophe Bonds, Pandemics, and Risk Securitization, 99 Washington University Law Review ()
Works in Progress
- Lawmaking Without Law: How Overreliance on Economics Fails Financial Regulation () (with Theodore L. Leonhardt)
- Adjudicating Business and Commercial Disputes: Fixing Failures () (with Nicole Phillips)
- Monetizing Assets: Unifying Law, Theory, and Practice ()
- Restructuring Sovereign Debt by Incorporating Soft Law as Governing Law or by Reference ()
- Insolvency Close-Out Netting ()
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)
- Designing and Regulating Retail Digital Currencies, Policy Brief no. 168 ()
- 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)
- Macromedical Regulation, 82 Ohio State Law Journal 727-777 () (with Barak D. Richman)
- On Skepticism, Modesty, and Embracing Those With Whom We Disagree: A Rejoinder, 82 Ohio State Law Journal 869-878 () (with Barak D. Richman)
- Protecting Financial Stability: Lessons From the COVID-19 Pandemic, 11 Harvard Business Law Review 193-232 () (with Howell E. Jackson)
- 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 ()
Emily N. Strauss
Forthcoming
- Is Everything Securities Fraud?, 12 UC Irvine Law Review ()
Works in Progress
- Suing SPACs ()
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 ()
- Health-Related Digital Autonomy: An Important, But Unfinished Step, 21 American Journal of Bioethics 31-33 () (with Taimur Kouser)
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
- Regulatory Learning Through Agency Implementation of the Evidence-Based Policymaking Act, Project on Retrospective Regulatory Analysis () (with others)
- 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)
Articles & Essays
- Solar Radiation Modification: A Risk-Risk Analysis () (with others)
- 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 ()
- Institutional Roles and Goals for Retrospective Regulatory Analysis, 12 Journal of Benefit-Cost Analysis 466-493 () (with Lori S. Bennear)
- Martian Migration: Policy Report on Science, Society, and Sustainability () (with others)
- Periodic Review of Agency Regulation: Report for the Administrative Conference of the United States () (with Lori S. Bennear)
- Social Science Research to Inform Solar Geoengineering, 374 Science 815-818 () (with others)
Newspaper Articles and Commentary
- Pursuing Periodic Review of Agency Regulation, Regulatory Review () (with Lori S. Bennear)
- “Gotta Catch ’em All”, Yale Journal on Regulation: Notice & Comment ()
- Rebooting America: Administrative Law and Risk Regulation, 40 Duke Law Magazine ()
Brandee Woolard
Works in Progress
- Protecting Intellectual Property When an Employee Leaves: Companion White Paper to Association of Corporate Counsel Panel on October 13, 2021 ()
Ernest A. Young
Forthcoming
- Standing, Equity, and Injury in Fact, Notre Dame Law Review ()
Articles & Essays
- Unpacking Third-Party Standing, 131 Yale Law Journal 1-77 () (with Curtis A. Bradley)
Lawrence A. Zelenak
Forthcoming
- A Half-Century With the Internal Revenue Code: The Memoirs of Stanley S. Surrey (Carolina Academic Press, ) (editor with Ajay Mehrotra)
Articles & Essays
- 1924, 2021: Taxes of the Ultrarich, and Mark-to-Market Reforms, 172 Tax Notes Federal 583-592 ()
- The American Families Plan and the Future of the Mass Income Tax, 172 Tax Notes Federal 1277- 1288 ()
- The Deductibility of Capital Losses in a Mark-to-Market Regime, 172 Tax Notes Federal 1965-1972 ()
Alex Zhang
Forthcoming
- Global Animal Law Research: Strategies and Resources (Carolina Academic Press, ) (editor with K. Ott)
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)