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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
Articles & Essays
- Sustainability for People and the Planet: Placing Workers at the Center of Sustainability Research, in Handbook on the Business of Sustainability 189-214 (Gerard George, Martine R. Haas, Havovi Joshi, Anita M. McGahan & Paul Tracey eds., ) (with others)
Lawrence G. Baxter
Newspaper Articles and Commentary
Jennifer L. Behrens
Works in Progress
- A Great American Gun Myth: Race and the Naming of the 'Saturday Night Special' () (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
Forthcoming
- Internet and Telecommunications Regulation (Carolina Academic Press, 2nd ed. ) (with others)
- Ships Passing in the Night: The Communications Act and the Convergence on Broadband, 37 Berkeley Technology Law Journal 493 ()
Donald H. Beskind
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022, 2022-2023) (with Doriane Lambelet Coleman)
Joseph Blocher
Forthcoming
- Firearms Law and the Second Amendment (Foundation Press, ) (with others)
- "A Map Is Not The Territory”: The Theory and Future of the Sensitive Places Doctrine, New York University Law Review Online () (with others)
- Does the Second Amendment Make Gun Politics Obsolete?, 55 Polity () (with Andrew Willinger)
- Firearms Law and Scholarship Beyond Bodies and Bullets, Annual Review of Law and Social Science () (with others)
- Manufacturing Outliers, Supreme Court Review () (with Darrell A.H. Miller)
- The Second Amendment, Sensitive Places, and Self Government, New York University Law Review () (with Reva B. Siegel)
- 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)
Works in Progress
- A Great American Gun Myth: Race and the Naming of the 'Saturday Night Special' () (with Joseph Blocher)
- Fact Stripping () (with Brandon L. Garrett)
Articles & Essays
- "Second-Class" Rhetoric, Ideology, and Doctrinal Change, 110 Georgetown Law Journal 613-658 () (with Eric Ruben)
- Cities, Preemption, and the Statutory Second Amendment, 89 University of Chicago Law Review 557-580 ()
- Constitutional Gun Litigation Beyond the Second Amendment, 77 NYU Annual Survey of American Law 175-198 () (with Noah Levine)
- Living With Guns: Legal and Constitutional Considerations for Those Cohabiting With Temporarily Prohibited Possessors, 35 Journal of the American Academy of Matrimonial Lawyers 47-82 () (with Maisie Wilson)
- Navassa: Property, Sovereignty, and the Law of the Territories, 131 Yale Law Journal 2390-2448 () (with Mitu Gulati)
- Race and Guns, Courts and Democracy, 135 Harvard Law Review Forum 449-462 () (with Reva B. Siegel)
Newspaper Articles and Commentary
- Appraising Sandy’s Call to “Arms”: Success in the Academy … Not So Much in the Courts, Balkinization ()
- A Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?, New York Times () (with Darrell A.H. Miller)
- No, Red-Flag Gun Laws Don’t Violate Due Process Rights, Washington Post () (with Jake Charles)
- 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)
Daniel Seymour Bowling III
Articles & Essays
- Collective Bargaining: Physician Unions and Their Implications for Health Care, 57 Health Services Research 1214-1217 () (with others)
- The Rise and Potential of Physician Unions, 328 JAMA 617-618 () (with others)
James Boyle
Newspaper Articles and Commentary
- Misunderestimating Openness, Paradox of Open: Responses, Open Future ()
- 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
Works in Progress
- Institution-Building in the International Anti-Corruption Regime: A Proposal for a Transnational Asset Recovery Mechanism () (with others)
Articles & Essays
- Enabling ESG Accountability: Focusing on the Corporate Enterprise, 2022 Wisconsin Law Review 1367-1406 ()
- The Struggle for International Economic Law, in A New Global Economic Order: New Challenges to International Trade Law 229-254 (Brill Nijhoff ed., )
Newspaper Articles and Commentary
- The Role of the FCPA in Transnational Litigation, Transnational Litigation Blog ()
Chris Buccafusco
Forthcoming
- There's No Such Thing as Independent Creation, and It's a Good Thing, Too, William & Mary Law Review ()
Works in Progress
- Screening Meaning () (with others)
Articles & Essays
- Framing Vaccine Mandates: Messenger and Message Effects , 9 Journal of Law and the Biosciences, article lsac016, 1-19 (2022) (with Daniel J Hemel)
- Pay-to-Playlist: The Commerce of Music Streaming, 12 UC Irvine Law Review 805-866 () (with Kristelia García)
Samuel W. Buell
Forthcoming
- Criminal Liability, in Research Handbook on Corporate Liability (M. Petrin and C. Witting, eds., )
Works in Progress
- The Mirage of Individual Liability as the Answer to Corporate Fraud ()
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, 1st ed. 2021, 2nd ed. )
Articles & Essays
- A Restatement of Corporate Criminal Liability's Theory and Research Agenda, 47 Journal of Corporation Law 937-961 ()
Newspaper Articles and Commentary
- The Second Circuit Was Wrong in Reversing Ex-Deutsche Bank Traders’ Libor Convictions, CLS Blue Sky Blog ()
Doriane Lambelet Coleman
Books
- Torts: Doctrine and Process (Duke University Press, 2016, 2017, 2018, 2019, 2020-2021, 2021-2022, 2022-23) (with Donald H. Beskind)
Issues Edited
- Sex in Law, 85 Law and Contemporary Problems (No. 1, ) (with Kimberly D. Krawiec)
- Two Americas, 85 Law and Contemporary Problems (No. 3, ) (with James E. Coleman, Jr.)
Articles & Essays
- Conservatorship of Valerie N., 707 P.2d 760 (Cal. 1985), in Feminist Judgments: Health Law Rewritten 66-93 (Seema Mohapatra and Lindsay F. Wiley eds., )
- Foreword: Sex in Law, 85 Law and Contemporary Problems 1-8 () (with Kimberly D. Krawiec)
- Foreword: Two Americas, 85 Law and Contemporary Problems i-xi ()
- Sex Neutrality, 85 Law and Contemporary Problems 241-263 ()
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.
Issues Edited
- Two Americas, 85 Law and Contemporary Problems (No. 3, ) (with Doriane Lambelet Coleman)
Articles & Essays
- Living in the Shadow of American Racism, 85 Law and Contemporary Problems 155-169 ()
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
Newspaper Articles and Commentary
- Will the SEC’s Proposed Climate Disclosure Rule Come Up against Legal and Economic Challenges?, Resources () (with others)
- 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)
- Economic Influence Activities and the Strategic Location of Investment, 24 Business and Politics 292-317 () (with Davin Raiha)
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., )
Newspaper Articles and Commentary
Deborah A. DeMott
Forthcoming
- Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, in The American Law Institute at 100: A Centennial History (Andrew S. Gold & Robert W. Gordon eds., )
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)
- Agents and Advisors, 72 Florida Law Review Forum 145-152 ()
- Resale Payment Rights for Artists, in Art Law: Cases and Controversies (Paul Bain, ed., )
- Rogue Brokers and the Limits of Agency Law, in Cambridge Handbook of Investor Protection 134-152 (Arthur B. Laby ed., )
- The Platform as Agent, in Intermediaries in Commercial Law 153-170 (Paul S. Davies & Tan Cheng-Han eds., )
Charles J. Dunlap, Jr.
Articles & Essays
- On “The Alt-Right Movement and US National Security” and Authors' Response, 52 Parameters 181-192 ()
Newspaper Articles and Commentary
- The Law of Armed—and Unmanned—Conflict, Modern War Institute: Commentary & Analysis ()
Ofer Eldar
Forthcoming
- Are Enterprise Foundations Possible in the United States?, in Enterprise Foundation Law in a Comparative Perspective (Anne Sanders & Steen Thomsen eds., )
- Does Government Play Favorites? Evidence from Opportunity Zones, Journal of Law & Economics () (with Chelsea Garber)
- Is Corporate Law Nonpartisan?, Wisconsin Law Review () (with Gabriel V. Rauterberg)
- The Governance of Entrepreneurship, in Research Agenda for Corporate Law (Christopher Bruner & Marc Moore eds., )
Works in Progress
- Universal Ownership () (with Rory Van Loo)
- The Rise of Anti-Activist Poison Pills () (with others)
- Common Ownership Directors () (with others)
Articles & Essays
- A Lawyers' Guide to Empirical Corporate Governance, 27 Stanford Journal of Law, Business, and Finance 1-93 ()
- Opportunity Zones: A Program in Search of a Purpose, 102 Boston University Law Review 1397-1440 () (with Chelsea Garber)
- The Rise of Dual-Class Stock IPOs, 144 Journal of Financial Economics 122-153 () (with others)
Shane Ellison
Articles & Essays
- Dismantling the Wall, 120 Michigan Law Review Online 1-21 () (with Anjum Gupta)
- Hot Topics in Asylum Law, in Immigration Practice Pointers 451-462 (Rizwan Hassan ed., ) (with others)
Kate Evans
Articles & Essays
- Documentation Status and Self-Rated Physical Health Among Latinx Young Adult Immigrants: the Mediating Roles of Immigration and Healthcare Stress, Journal of Racial and Ethnic Health Disparities () (with others)
Newspaper Articles and Commentary
Nita A. Farahany
Forthcoming
- The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology (St. Martin's Press, )
Articles & Essays
- Design of a Randomized, Placebo-Controlled, Phase 3 Trial of Tofersen Initiated in Clinically Presymptomatic SOD1 Variant Carriers: the ATLAS Study, 19 Neurotherapeutics 1248-1258 () (with others)
Newspaper Articles and Commentary
- A Round-Up of 2022 Neurotechnology Advances, Volokh Conspiracy ()
- We Parents of Unvaccinated Children Need More Guidance, Washington Post ()
- 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
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
- Corporatist Racial Equity () (with H. Timothy Lovelace)
- 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
- The Future of AI Accountability in the Financial Markets, 24 Vanderbilt Journal of Entertainment and Technology Law 289-322 () (with Michelle M. Le)
Newspaper Articles and Commentary
- Doing Well While Doing Good: Impact Investing & the Commodification of Marginalization, Jotwell () (reviewing Cary Martin Shelby, Profiting from Our Pain: Privileged Access to Social Impact Investing, 2021)
Michael D. Frakes
Forthcoming
- Public and Private Options in Practice: The Military Health System, American Economic Journal: Economic Policy () (with others)
- Investing in Ex Ante Regulation: Evidence From Pharmaceutical Patent Examination, American Economic Journal: Economic Policy () (with Melissa F. Wasserman)
Works in Progress
- 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
- Are Constitutional Rights Enough? An Empirical Assessment of Racial Bias in Police Stops, 116 Northwestern University Law Review 1481-1545 () (with Rohit Asirvatham)
Brandon L. Garrett
Forthcoming
- Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation (West Academic Publishing, 2nd ed. ) (with Lee Kovarsky)
- 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)
Works in Progress
- Judging Firearms Evidence () (with others)
- Fact Stripping () (with Joseph Blocher)
- Liberty, Safety, and Misdemeanor Bail () (with others)
- Glass Box Artificial Intelligence in Criminal Justice () (with Cynthia Rudin)
- Evaluating Pre-trial Programs Using Machine Learning Matching Algorithms () (with others)
- New Insights on Expert Opinion About Eyewitness Memory Research () (with others)
- The Brady Database () (with others)
Articles & Essays
- Videotaping Interrogations in Pennsylvania: A Wilson Center for Science and Justice and Quattrone Center for the Fair Administration of Justice Report () (with others)
- Forensic Science in Legal Education, 51 Journal of Law and Education 1-12 () (with others)
- 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)
- AEDPA Repeal, 107 Cornell Law Review 1739-1797 () (with Kaitlin Phillips)
- Eyewitness Confidence May Not Be Ready for the Courts: A Reply to Wixted et al., 30 Memory 75-76 () (with others)
- Impact of Trauma Education and Growth Mindset Messaging on Public Attitudes About the Criminal Legal System, Journal of Experimental Criminology () (with others)
- Policing Forensic Evidence, 2 American Journal of Law and Equality 107-121 ()
- Sensitizing Jurors to Eyewitness Confidence Using “Reason-Based” Judicial Instructions, Journal of Applied Research in Memory and Cognition () (with others)
- Spiraling Criminal Debt, 34 Federal Sentencing Reporter 92-97 ()
- Surveying Practicing Firearm Examiners , 4 Forensic Science International: Synergy, article 100228, 1-8 (2022) (with others)
- The Law and Science of Eyewitness Evidence, 102 Boston University Law Review 511-629 () (with Thomas D. Albright)
- The Trajectory of Federal Gun Crimes, 170 University of Pennsylvania Law Review 637-715 () (with Jacob D. Charles)
- Understanding the Impact of Driver’s License Suspension: Lay Opinion in Impacted and Non-Impacted Populations, 5 Justice Evaluation Journal 186-207 () (with others)
- Unified Criminal Justice Reform, 85 Law and Contemporary Problems 123-139 ()
- 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)
Anne Gordon
Articles & Essays
- Cleaning Up Our Own Houses: Creating Anti-Racist Clinical Programs, 29 Clinical Law Review 49-109 ()
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 ()
Sara Sternberg Greene
Forthcoming
- Elderly Poverty, in Law and the 100-Year Life (Abbe Gluck & Anne Alstott, eds., )
Works in Progress
- Broken Bootstraps ()
- Getting to Home: Collateral Consequences in the Rental Housing Market () (with others)
- Going Against the Record: How Algorithms Change the Way Landlords Make Exceptions for Bad Background Checks () (with others)
- Looking for Fraud in All the Wrong Places ()
- Old, Poor, and Left Behind ()
Articles & Essays
- Credit Scoring Duality, 85 Law and Contemporary Problems 101-122 () (with Pamela Foohey)
- Judging Without a J.D., 122 Columbia Law Review 1287-1388 () (with Kristen M. Renberg)
Lisa Kern Griffin
Works in Progress
- Impersonating Accuracy: How Misperceptions of Cross Examination Perpetuate Error ()
- Netflix Criminal Justice: Popular Culture, Procedural Violence, and the Potential for Empathy ()
Paul Grimm
Newspaper Articles and Commentary
- Artificial Justice: The Quandary of AI in the Courtroom, Judicature International (1-13) (with others)
Ben K. Grunwald
Works in Progress
Articles & Essays
- Police Agencies on Facebook Overreport on Black Suspects , 119 Proceedings of the National Academy of Sciences, article e2203089119, 1-8 (2022) (with others)
- Toward an Optimal Decarceration Strategy, 33 Stanford Law & Policy Review 1-78 ()
Newspaper Articles and Commentary
- Data-Driven Decarceration, Inquest ()
- 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)
- 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)
- The Meta Oversight Board's Human Rights Future, 44 Cardozo Law Review () (with Molly K. Land)
- 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
- Automating Human Rights Adjudication () (with Veronica Fifak)
- Institution-Building in the International Anti-Corruption Regime: A Proposal for a Transnational Asset Recovery Mechanism () (with others)
- Revisiting Human Rights Treaty Withdrawals () (with Başak Çalı)
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)
Newspaper Articles and Commentary
- 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)
- 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
Newspaper Articles and Commentary
- Designing Constitutions for a Lasting Democracy, Judicature International () (with Elisabeth Perham)
Jayne Huckerby
Newspaper Articles and Commentary
- When Terrorists Traffic Their Recruits, Just Security ()
- Families in the Crosshairs of National Security, Just Security () (with Fionnuala Ní Aoláin)
Trina Jones
Articles & Essays
- 163 U.S. 537 Supreme Court of the United States: Plessy v. Ferguson No. 210, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 85-103 (Bennett Capers, Devon W. Carbado, R. A. Lenhardt & Angela Onwuachi-Willig, eds., )
Jack Knight
Articles & Essays
- How Social Identity and Social Diversity Affect Judging, 35 Leiden Journal of International Law 897-911 () (with Lee Epstein)
Margaret H. Lemos
Articles & Essays
- Dysfunction, Deference, and Judicial Review, 29 George Mason Law Review 487-508 () (with Barry Friedman)
David F. Levi
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)
Marin K. Levy
Forthcoming
- The Rules, Internal Practices, and Unwritten Customs of the United States Courts of Appeals (Cambridge University Press, ) (with Jon O. Newman)
- Judicial Management Inside the Courts, The Review of Litigation ()
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) ()
Newspaper Articles and Commentary
- The Remains of the Day, or What Is Left After the Collapse of Constitutional Remedies, Balkinization () (reviewing Aziz Z. Huq, The Collapse of Constitutional Remedies (2021))
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 ()
- Xenophobic Conspiracy Theories and the Long Roots of January Sixth, 85 Law and Contemporary Problems 19-68 ()
Sarah H. Ludington
Articles & Essays
- How Social Media Platforms Can Promote Compliance With the First Amendment, New York University Law Review Forum () (with others)
Veronica Root Martinez
Forthcoming
- Building an Effective Ethics and Compliance Program (Edward Elgar Publishing, )
- Building a Culture of Ethical Inclusion, Seattle Law Review ()
Books
- Securities Litigation, Enforcement, and Compliance: Cases and Materials (West Academic Publishing, 5th ed. ) (with others)
Articles & Essays
- Public Reporting of Monitorship Outcomes, 136 Harvard Law Review 757-823 ()
- The Diversity Risk Paradox, 75 Vanderbilt Law Review En Banc 115-129 ()
- Toward More Robust Self-Regulation Within the Legal Profession, 69 Washington University Journal of Law & Policy 241-273 () (with Caitlin-Jean Juricic)
Tim Meyer
Forthcoming
- Goldilocks Globalism: The Rise of Soft Law in International Governance (Oxford University Press, ) (with Andrew T. Guzman)
- The National Security Consequences of the Major Questions Doctrine, 122 Michigan Law Review () (with Ganesh Sitaraman)
Works in Progress
- WTO Legal Issues Arising From Carbon Border Measures: An Introductory Primer () (with Todd Tucker)
Articles & Essays
- Reshaping Global Trade and Investment Law for a Green New Deal, in Routledge Handbook on the Green New Deal 120-137 (Kyla Tienhaara & Joanna Robinson eds., ) (with Todd N. Tucker)
- Taxing, Regulating, and Trading Carbon: An Introduction to the Symposium, 116 AJIL Unbound 191-195 ()
- The Political Economy of WTO Exceptions, 99 Washington University Law Review 1299-1369 ()
Newspaper Articles and Commentary
- The Case for Mandating Climate-Risk Disclosure, Project Syndicate () (with others)
Darrell A. H. Miller
Forthcoming
- Firearms Law and the Second Amendment (Foundation Press, ) (with others)
- "A Map Is Not The Territory”: The Theory and Future of the Sensitive Places Doctrine, New York University Law Review Online () (with others)
- Firearms Law and Scholarship Beyond Bodies and Bullets, Annual Review of Law and Social Science () (with others)
- Manufacturing Outliers, Supreme Court Review () (with Joseph Blocher)
- 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
- Common Use, Lineage, and Lethality, 55 UC Davis Law Review 2495-2513 () (with Jennifer Tucker)
- Estoppel by Nonviolence, 85 Law and Contemporary Problems 69-85 ()
- State Firearm Laws After Bruen () (with others)
- Violence and Nondelegation, 135 Harvard Law Review Forum 463-472 () (with Jacob D. Charles)
Newspaper Articles and Commentary
- Bruen and Constitutional Gnosticism, Balkinization ()
- Facts Still Matter, Even Before This Supreme Court, Newsweek () (with others)
- State Gun Regulations Are a Messy Patchwork. The Supreme Court’s Bruen Decision Won’t Help, The Hill () (with others)
- A Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?, New York Times () (with Joseph Blocher)
- The Next Front in the Fight Over Guns, Washington Post ()
- 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 ()
Lidiya Mishchenko
Articles & Essays
- A Functional Approach to Agency (In)Action, 75 SMU Law Review 117-150 ()
- Thank You for Not Publishing (Unexamined Patent Applications), 47 Brigham Young University Law Review 1563-1618 ()
Michelle Benedict Nowlin
Articles & Essays
- A Framework for Inland Cities to Prevent Marine Debris: A Case Study From Durham, North Carolina , 9 Frontiers in Marine Science, article fmars.2022.983256, 1-7 (2022) (with Nancy E. Lauer)
Shu-yi Oei
Articles & Essays
- World Tax Policy in the World Tax Polity? An Event History Analysis of OECD/G20 BEPS Inclusive Framework Membership, 47 Yale Journal of International Law 199-236 ()
Jonathan Petkun
Works in Progress
- Nudges for Judges: An Empirical Analysis of the “Six-Month List” ()
H. Jefferson Powell
Books
- The Practice of American Constitutional Law (Cambridge University Press, )
Articles & Essays
- Imagining the United States: Reflections From Constitutional Law, 85 Law and Contemporary Problems 1-18 ()
Newspaper Articles and Commentary
- History, Rights, and Constitutional Law, Fifteeneightyfour Blog ()
Jedediah Purdy
Forthcoming
- Walden (W.W. Norton, ) (editor)
Books
Articles & Essays
- Nature, in A Cultural History of Ideas (Sophia Rosenfeld & Peter T. Struck eds., )
- The Promise of American Life, 253 The New Republic 46-50 () (reviewing Oliver Zunz, The Man Who Understood Democracy: The Life of Alexis de Tocqueville, 2022) (Appears online with the title: Tocqueville’s Uneasy Vision of American Democracy)
Newspaper Articles and Commentary
- The Constitutional Flaw That’s Killing American Democracy, The Atlantic ()
- Democrats Need Patriotism Now More Than Ever, New York Times () (A version of this article appears in print on July 3, 2022, Section SR, Page 12 of the New York edition with the headline: The Left Must Reclaim Patriotism)
- The Republican Party Is Succeeding Because We Are Not a True Democracy, New York Times () (A version of this article appears in print on Jan. 6, 2022, Section A, Page 23 of the New York edition with the headline: We’re Not a Real Democracy. That’s Why Jan. 6 Happened)
Shitong Qiao
Forthcoming
- The Authoritarian Commons: Divergent Paths of Neighborhood Democratization in Urban China (Cambridge University Press, )
- Finance Without Law: The Case of China, Harvard International Law Journal ()
- The Structure and Spirit of Chinese Property Law, in Handbook of Property, Law and Society (Nicole Graham, Margaret Davies, and Lee Godden eds., )
Articles & Essays
- Land Options for Housing: How New Property Rights Can Break Old Land Monopolies, 44 University of Pennsylvania Journal of International Law 163-233 () (with Roderick M. Hills, Jr.)
Newspaper Articles and Commentary
- How Technology Is Changing Justice in China, Judicature International () (with others)
- 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
Articles & Essays
- Bioinformatics at the Patent Office, in Bioinformatics, Medical Informatics and the Law 120-132 (Jorge L. Contreras, A. J. Cuticchia & Gregory J. Kirsch eds., ) (with Saurabh Vishnubhakat)
Sarah Bloom Raskin
Newspaper Articles and Commentary
- Changing the Climate of Financial Regulation, Project Syndicate ()
- Changing the Climate of Financial Regulation, Project Syndicate ()
Mara Revkin
Forthcoming
- Managing Mixed Repatriation in a Legal Vacuum: Lessons Learned From Syria, 47 Yale Journal of International Law ()
- No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq, American Journal of Comparative Law () (with Kristen Kao)
- Retribution or Reconciliation? Post-Conflict Attitudes Toward Enemy Collaborators, American Journal of Political Science () (with Kristen Kao)
Works in Progress
- The Blind Spots of International Humanitarian Law () (with Orly Stern)
- The Construction of Liability: How Civilians’ Insolvent in War Affects Their Victimization () (with Janina Dill)
Articles & Essays
- Roundtable: Police Reform in Global Perspective () (with others)
- How Does Subnational Variation in Repression Affect Attitudes Toward Police? Evidence From Iraq’s 2019 Protests, 3 Violence: An International Journal 85-99 ()
- Reflections on Authoritarianism, 36 Arab Law Quarterly 525-530 ()
- When Do “Closed Camps” Become Prisons by Another Name?, 47 Yale Journal of International Law Online 57-70 ()
Barak D. Richman
Forthcoming
- Internet and Telecommunications Regulation (Carolina Academic Press, 2nd ed. ) (with others)
Articles & Essays
- Billing and Insurance–Related Administrative Costs: A Cross-National Analysis, 41 Health Affairs 1098-1106 () (with others)
- Collective Bargaining: Physician Unions and Their Implications for Health Care, 57 Health Services Research 1214-1217 () (with others)
- Consumer Law as an Axis of Economic Inequality, 102 Boston University Law Review 1169-1184 () (with others)
- Noncompete Agreements — The Need for a Refresh, 387 New England Journal of Medicine 486-488 () (with others)
- 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)
- Restoring Physician Authority in an Era of Hospital Dominance, 328 JAMA 2400-2401 () (with Kevin A. Schulman)
- Shopping for Healthcare: Can We Be Good Consumers?, 7 Health Management, Policy and Innovation ()
- The Rise and Potential of Physician Unions, 328 JAMA 617-618 () (with others)
- Will CMS Find Aducanumab Reasonable and Necessary for Alzheimer Disease After FDA Approval?, JAMA () (with others)
Newspaper Articles and Commentary
- Hospitals Are a Problem. Competition Is the Answer, Politico ()
- 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)
Stephen E. Roady
Articles & Essays
- Public Participation in Seabed Mining in Areas Beyond National Jurisdiction: Lessons Learned From National Regulators in the Terrestrial Mining Sector 146 Marine Policy, article 105308, 1-8 (2022) (with others)
- 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)
Richard L. Schmalbeck
Articles & Essays
- Substance Over Form in Transfer Tax Adjudication, 55 Loyola of Los Angeles Law Review 609-643 () (with Jay A. Soled)
Steven L. Schwarcz
Forthcoming
- Bankruptcy-Remote Structuring, 97 American Bankruptcy Law Journal ()
- Next-Generation Securitization: NFTs, Tokenization, and the Monetization of ‘Things’, 103 Boston University Law Review ()
- Post-Crisis Derivatives Regulation: What Went Right (And What Went Wrong), Sciences Po Law Review ()
- Adjudicating Business and Commercial Disputes: Fixing Failures, in () (with Nicole Phillips)
- Bankruptcy Remoteness: A Summary Analysis, 77 Business Lawyer () (with Jonathan Seymour)
- The Global Derivatives Market, in Research Handbook on Global Capital Markets Law (Iain MacNeil and Iris H-Y Chiu, eds., ) (with Leila Hatem)
Works in Progress
- Rethinking Commercial Law’s Uncertain Boundaries ()
- Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework ()
- Examining the Axioms of Commercial Law ()
- Fractionalizing Investment Securities: Using FinTech to Expand Financial Inclusion ()
- Mutualizing Insurance and Re-Insurance Risk through Central Counterparties ()
Articles & Essays
- Lawmaking Without Law: How Overreliance on Economics Fails Financial Regulation (And What to Do About It), 71 American University Law Review 2111-2155 () (with Theodore L. Leonhardt)
- Regulating Digital Currencies: Towards an Analytical Framework, 102 Boston University Law Review 1037-1081 ()
- Regulating Global Stablecoins: A Model-Law Strategy, 75 Vanderbilt Law Review 1729-1785 ()
- Securitizing Pandemic-Risk Insurance, 25 Risk Management and Insurance Review 551-583 () (with Lorilee A. Medders)
- The Inequities of Equitable Subordination, 96 American Bankruptcy Law Journal 29-62 ()
Jonathan Seymour
Articles & Essays
- Against Bankruptcy Exceptionalism, 89 University of Chicago Law Review 1925-2012 ()
Emily N. Strauss
Forthcoming
- Suing SPACs, 96 Southern California Law Review ()
Works in Progress
- Mutiny for a Bounty () (with Joseph A. Grundfest)
- Climate Change and Shareholder Lawsuits ()
Articles & Essays
- Is Everything Securities Fraud?, 12 UC Irvine Law Review 1331-1383 ()
Michael E. Tigar
Articles & Essays
- Judge James A. Wynn, Originalism, and the Juridical/Judicial Role, 100 North Carolina Law Review Forum 231-239 ()
Newspaper Articles and Commentary
- The Supreme Court, Rights, and Judicial Abdication, MR Online ()
Jonathan B. Wiener
Forthcoming
- Regulatory Learning Through Agency Implementation of the Evidence-Based Policymaking Act, Project on Retrospective Regulatory Analysis () (with others)
Articles & Essays
- Comparing Environmental Risk Regulations in China and the United States, 42 Risk Analysis 730-756 () (with others)
- Solar Radiation Modification: A Risk-Risk Analysis () (with others)
Newspaper Articles and Commentary
- Climate Change and the Supreme Court, 210 Resources (, at 22) (with others)
- Comparing U.S. and Chinese Environmental Risk Regulation, Regulatory Review () (with Jianhua Xu)
- Pursuing Periodic Review of Agency Regulation, Regulatory Review () (with Lori S. Bennear)
- “Gotta Catch ’em All”, Yale Journal on Regulation: Notice & Comment ()
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
- 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)
- State Sovereign Immunity After the Revolution ()
Articles & Essays
- Standing, Equity, and Injury in Fact, 97 Notre Dame Law Review 1885-1910 ()
Lawrence A. Zelenak
Books
- A Half-Century With the Internal Revenue Code: The Memoirs of Stanley S. Surrey (Carolina Academic Press, ) (editor with Ajay Mehrotra)
Articles & Essays
- Stanley S. Surrey: A Life in Taxes, 175 Tax Notes Federal 741-749 () (with Ajay K. Mehrotra)
- The Two "Two Americas" of Trump and Romney, 85 Law and Contemporary Problems 87-100 ()
Alex Zhang
Books
- Global Animal Law Research: Strategies and Resources (Carolina Academic Press, ) (editor with Katherine Siler)
Articles & Essays
- New Column: Librarians As Model Thinkers, 41 Legal Reference Services Quarterly 98-100 ()
- Researching Chinese Animal Law, in Global Animal Law Research: Strategies and Resources (Alex Zhang & Katherine Siler, eds., )