Recent Scholarship

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.

 

Forthcoming

Books

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

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)
  • 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 (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)

Works in Progress

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)

Works in Progress

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

Articles and Essays

Books

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

Articles and Essays

Forthcoming

Books

Articles and Essays

Newspaper Articles and Commentary

  • Yes, Donald Trump Can Announce Whom He Would Appoint, Washington Post (May 18, 2016)
  • FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for the Internet Time, Washington Post (March 12, 2015)

Books

  • Torts: Doctrine and Process (Duke University Press, 2016) (with Doriane Lambelet Coleman)

Forthcoming

Works in Progress

Articles and Essays

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

Newspaper Articles and Commentary

  • 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)

Forthcoming

Books

Articles and Essays

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)

Forthcoming

  • 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

Newspaper Articles and Commentary

  • 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)

Works in Progress

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

Articles and Essays

Newspaper Articles and Commentary

  • A Voting Rights Movement Is What's Need Now, New York Times (August 05, 2015) (with Luis E. Fuentes-Rohwer)

Articles and Essays

Books

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

Articles and Essays

Forthcoming

Books

Issues Edited

Articles and Essays

Forthcoming

Works in Progress

  • 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)

Articles and Essays

Newspaper Articles and Commentary

  • 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)

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

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • 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)
  • 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)

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

  • 3 Reasons Brain Science is Terrific and Terrifying, World Economic Forum (January 21, 2016)
  • New Year's Resolutions, Conservatism & Porn, Washington Post (January 01, 2015)

Works in Progress

Articles and Essays

Forthcoming

  • Lying and the Letter of the Law (forthcoming)
  • Criminal Adjudication, Error Correction, and Hindsight Blind Spots, 73 Washington & Lee Review (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

Newspaper Articles and Commentary

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

Forthcoming

Works in Progress

Articles and Essays

  • 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)

Newspaper Articles and Commentary

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

Forthcoming

Works in Progress

  • Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations (May 17, 2016) (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

Works in Progress

  • A Feminist Counter-Terrorism Strategy?: Theorizing Feminism and Feminist Strategies in National Security (October 27, 2015)

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

  • 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)

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)

Newspaper Articles and Commentary

  • 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)

Works in Progress

Articles and Essays

  • 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)

Forthcoming

  • Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with others)
  • Lessons from Law About Incomplete Commodification in the Egg Market, 33 Journal of Applied Philosophy (forthcoming)

Articles and Essays

  • 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)
  • 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)

Works in Progress

Articles and Essays

Works in Progress

Works in Progress

  • Consequentialist Jurisdication (October 28, 2015)
  • The Burden of the Court: The Role of Judicial Self-Interest in Remedies (October 28, 2015)
  • Visitor Judges and the Diffusion of Legal Culture (October 28, 2015)
  • Beyond Strict Randomness: Understanding and Evaluating Panel Assignment in the Federal Courts of Appeals (January 01, 2015)

Articles and Essays

Forthcoming

  • Association Between Divorce and Risks for Acute Mycocardial Infarction, Circulation: Cardiovascular Quality & Outcomes (forthcoming) (with others)
  • The Volcker Rule: A Brief Political History, Capital Markets Law Journal (forthcoming) (with Kimberly D. Krawiec)

Newspaper Articles and Commentary

Articles and Essays

Newspaper Articles and Commentary

  • Clinton's Mistake on Reagan is an Opportunity for Action on HIV/AIDS, Slate (March 18, 2016) (with Scott Skinner-Thompson)
  • CDC HIV Prevention Funding Policy is Hurting the Hard-Hit Southern U.S., TheBody.com (May 12, 2015)
  • Why are HIV Survival Rates Lower in the Deep South than the Rest of the US?, Conversation (April 22, 2015) (with Susan Reif)

Articles and Essays

  • Against Game Theory, in Emerging Trends in the Social and Behavioral Sciences: An Interdisciplinary, Searchable, and Linkable Resource 1-16 (Robert A. Scott & Stephen M. Kosslyn, eds. , 2015) (with others)

Articles and Essays

Forthcoming

  • Comparative Law and Private International Law, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Jurisdiction, Foundations, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Story, Joseph, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)
  • Transnationalizing Comparative Law, Maastricht Journal of European and Comparative Law (forthcoming)
  • Waechter, Carl Georg von, in Elgar Encyclopedia of Private International Law (J. Basedow et al eds., forthcoming)

Articles and Essays

  • Donald Trump Does Not Want to be President (2016)
  • Preamble I: Purposes, Legal Nature, and Scope of the PICC; Applicability by Courts; Use of the PICC for the Purpose of Interpretation and Supplementation and as a Model, in Commentary on the UNIDROIT Principles of International Commercial Contracts 31-109 (Stefan Vogenauer ed., 2015)
  • What Is Non-State Law? A Primer, in Negotiating State and Non-State Law: The Challenges of Global and Local Legal Pluralism 41-58 (Michael Helfand ed., 2015)

Newspaper Articles and Commentary

  • The Silence of Justice Thomas is Overrated, Huffington Post (March 03, 2016)
  • Throwing Away the Respect of Mankind, Huffington Post (March 11, 2015)

Forthcoming

  • Continuity and the Declaration of Independence, 89 University of Southern California Law Review (forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • EPA Clean Power Plan Reenergizes the US Climate Policy Debate, The Conversation (June 15, 2015)

Forthcoming

  • The Law in Chains: the American Attorneys General and Slavery, 1789-1871 (Carolina Academic Press, forthcoming)

Books

  • Targeting Americans: The Constitutionality of the U.S. Drone War (Oxford University Press, 2016)

Articles and Essays

  • Professor Greenawalt's Unfashionable Idea, 115 Columbia Law Review 790 (2015)

Newspaper Articles and Commentary

  • In Praise of Eternal Youth, Duke Law Magazine (October 01, 2015 21-22)
  • EPA Plan Needs a Debate Based on Reason, Boston Globe (April 11, 2015) (with others)

Forthcoming

Books

Articles and Essays

  • The Violent Remaking of Appalachia (2016)
  • A Wild Way to Save the Planet, New Republic (2016) (reviewing Edward O. Wilson, Half-Earth (2016))
  • What is the Constitution For?, New Republic (2016) (reviewing Richard Tuck, The Sleeping Sovereign: The Invention of Modern Democracy (2016))
  • 'Blood and Earth,' by Kevin Bales, New York Times (2016) (reviewing Kevin Bales, Blood and Earth: Modern Slavery, Ecocide, and the Secret to Saving the World (2016))
  • This Land is Our Land, Winter 2016 No. 39 Democracy (2016) (reviewing Ilya Somin, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (2015))
  • The Mushroom that Explains the World, New Republic (2015)  (reviewing Anna Lowenhaupt Tsing, The Mushroom at the End of the World: On the Possibility of Life in Capitalist Ruins (2015))
  • Maybe Connect, Los Angeles Review of Books (2015)
  • That We are Underlings: The Real Problems in Disciplining Political Spending and the First Amendment, 30 Constitutional Commentary 391-402 (2015)
  • Introduction: Law and Neoliberalism, 77 Law & Contemporary Problems 1-23 (2015) (with David Singh Grewal)
  • Neoliberal Constitutionalism: Lochnerism for a New Economy, 77 Law & Contemporary Problems 195-213 (No. 4 2015)
  • Property in the United States Constitution, in The Oxford Handbook of the U.S. Constitution 501-520 (Mark Tushnet, Mark A. Graber, & Sandford Levinson eds., 2015)
  • The Triumph of Corruption (2015) (reviewing Zephyr Teachout, Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United (2014))

Newspaper Articles and Commentary

  • What West Virginia is Saying at the Polls, Scalawag (May 11, 2016)
  • Transgender Rights and the End of the New South, New Yorker (May 10, 2016)
  • How the 2016 Election Undermines Fukuyama's "End of History" Argument, Vox (March 14, 2016)
  • Scalia's Contradictory Originalism, New Yorker (February 16, 2016)
  • Against the Political Grown-Up, Dissent (February 06, 2016)
  • Ammon Bundy Stands Down, New Yorker (January 28, 2016)
  • Bernie is Not the New Barry -- And That's a Good Thing, Huffington Post (January 17, 2016)
  • The New Nature, Boston Review (January 11, 2016) (with others)
  • The Bundys and the Irony of American Vigilantism, The New Yorker (January 05, 2016)
  • We are the Climate Change Complacency We Seek, Foreign Policy (December 14, 2015)
  • Trump's Monstrous Call, Huffington Post (December 07, 2015)
  • Bernie Sanders's New Deal Socialism, The New Yorker (November 20, 2015)
  • Climate Apocalypse and/or Democracy, Huffington Post (September 13, 2015)
  • Foodies Can Succeed Where Environmentalists Failed, Bloomberg View (August 30, 2015)
  • The Amazon Economy, Huffington Post (August 17, 2015)
  • Environmentalism's Racist History, New Yorker (August 13, 2015)
  • The G.O.P. Opts Out of Equality, New Yorker (June 11, 2015)
  • Tenure, Fairness, and Fear(lessness), Huffington Post (June 09, 2015)
  • Imagining the Anthropocene, aeon (March 31, 2015)
  • Ayn Rand Comes to U.N.C., The New Yorker (March 19, 2015)
  • Socialism or Barbarism? Syriza, Economics, and Democracy, Huffington Post (February 19, 2015)
  • The Long Game of the Moral March, New Yorker (February 18, 2015)
  • Thoughts from Chapel Hill: Violence as a Way of Life (February 13, 2015)
  • The Dangers of Clarity: Don't Let Terrorism Define Us, Huffington Post (January 14, 2015)
  • I Understand Nothing, Huffington Post (January 10, 2015)

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Letter to U.S. Senate Committee on the Judiciary Concerning Inter Partes Review and Orange Book-Listed Patents, Letter to the U.S. Senate Committee on the Judiciary (June 18, 2015)

Forthcoming

  • Governing Digitally Integrated Genetic Resources, Data, and Literature: Globally Intellectual Property Strategies for a Redesigned Microbial Research Commons (Cambridge University Press, forthcoming) (with others)

Articles and Essays

  • Sharing by Design: Data and Decentralized Commons--Overcoming Legal and Policy Obstacles, 350 Science 1312 (Issue 6266, December 11, 2015)

Articles and Essays

  • Reforming the Politics of Animal Research, 41 Journal of Medical Ethics 563-566 (2015) (with Lisa Levin)

Forthcoming

  • Stateless Commerce: Diamond Dealers, Ethnic Trading Networks, and the Persistence of Relational Exchange (Harvard University Press, forthcoming)

Articles and Essays

  • Outlook for Alternative Payment Models in Fee-for-Service Medicare, Journal of the American Medical Association (2015) (with others)
  • The Mechanics of Statelessness: Peering into the Diamond Industry and the Institutions of Trust-Based Exchange, Inequality, Trust, and Ethics Conference: London 2015 (2015)
  • Addressing Pricing Power in Health Care Markets: Principles and Policy Options to Strengthen and Shape Markets (2015) (with others)
  • Market-Based Solutions to Antitrust Threats-- The Rejection of the Partners Settlement, New England Journal of Medicine (2015) (with others)
  • Physician Beliefs about Physical and Mental Competency of Patients Applying for Concealed Weapon Permits, 33 Behavioral Sciences & the Law 238-245 (2015) (with others)
  • The Challenge of Co-Religionist Commerce, 64 Duke Law Journal 769-822 (2015) (with Michael A. Helfland)

Newspaper Articles and Commentary

  • Religious Freedom Debate Upends Balance Between Establishment, Free Exercise Clauses, News & Observer (April 02, 2015)

Articles and Essays

Books

Articles and Essays

  • Unifying Depreciation Recapture, 48 Connecticut Law Review 531-559 (2015) (with Jay A. Soled)

Newspaper Articles and Commentary

  • Ask the Experts, WalletHub (December 01, 2015) (with others)

Forthcoming

Works in Progress

  • Counterparty Risk and Central Counterparties: A Macroprudential Regulatory Analysis (January 01, 2016)
  • Ring-Fencing Financial Markets (December 11, 2015)
  • Special-Purpose Entities in National Finance (December 11, 2015)
  • The Market Convergence of Debt and Equity, and its Governance Implications (December 11, 2015)

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

Forthcoming

Works in Progress

  • Madison's Reasoning (May 16, 2016)
  • Reciprocal Legitimation in the Federal Courts System: Racial Segregation, Reapportionment, and Obergefell Appendix A (April 23, 2016)
  • Coercion and Collective Action (March 14, 2016) (with Robert D. Cooter)

Articles and Essays

Newspaper Articles and Commentary

  • The Harm in the GOP's Pseudo-Principled Supreme Court Stance, Hill (April 15, 2016)
  • The American People will Decide the Supreme Court's Future Anyway, Hill (March 03, 2016)
  • Constitutional Conventions, the Judicial Separation of Powers, and Justice Scalia's Replacement , Balkinization (February 14, 2016) (with Curtis Bradley)
  • John Roberts, Ted Olson, and the Judicial Separation of Powers, Balkinization (January 26, 2016)
  • Obergefell, Judaism, and the Authority of Tradition, Balkinization (September 09, 2015)
  • Whole Woman's Health: Casey, Res Judicata, and Supreme Court Review, Balkinization (June 24, 2015)
  • Windsor: Encouraging Constitutional Change, Not (Just) Clearing the Channels of Political Change, Balkinization (March 17, 2015)
  • Clear Text Versus Extra-Textual Considerations: Bond, Noel Canning, and King, Balkinization (March 05, 2015)

Works in Progress

Articles and Essays

Forthcoming

  • Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with Edward Balleisen, Lori Bennear & Kim Krawiec)
  • Precaution and Climate Change, in Oxford Handbook of International Climate Change Law (Cinnamon Carlarne et al. eds., forthcoming)
  • The Tragedy of the Uncommons: On the Politics of Apocalypse, Global Policy (forthcoming)

Works in Progress

  • The Value of Information in Decision-Analytic Modeling for Malaria Vector Control in East Africa (August 31, 2015) (with others)

Issues Edited

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

Books

  • Federal Income Taxation (Aspen Publishing, 4th ed. 2015) (with others)
  • Federal Income Taxation: A Law Student's Guide to the Leading Cases and Concepts (Concepts and Insights Series) (Foundation Press, 13th ed. 2015) (with Marvin A. Chirelstein)

Articles and Essays

Newspaper Articles and Commentary

  • Behind the Personality Cult of Xi Jinping, Foreign Policy (March 08, 2016) (with others)
  • China's Coming Ideaological Wars (March 01, 2016)
  • China, Circa 2016, ChinaFile (December 29, 2015) (with others)
  • Is the China Model Better than Democracy?, Foreign Policy (October 19, 2015) (with others)
  • What Xi Jinping's Seattle Speech Might Mean for the U.S., Foreign Policy (September 23, 2015) (with others)
  • China's 'Rule by Law' Takes an Ugly Turn, Foreign Policy (July 14, 2015) (with others)
  • China's Leftists are Embracing Confucius. Why?, ChinaFile (April 23, 2015)
  • Why Did the West March For Paris But Not For Kunming?, Foreign Policy (February 02, 2015) (with others)