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Recent Scholarship

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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

Katharine T. Bartlett

Books

Articles & Essays

Newspaper Articles and Commentary

  • Letting His Hair Down: Why a School District in Texas Is Wrong to Deprive a Male Student of an Education Because of the Length of His Hair, Verdict () (with Joanna L. Grossman)

Sara Sun Beale

Books

Articles & Essays

Jennifer L. Behrens

Articles & Essays

Newspaper Articles and Commentary

Stuart M. Benjamin

Articles & Essays

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

Joseph Blocher

Forthcoming

  • Pointing Guns, Texas Law Review () (with others)
  • Two Concepts of Gun Liberty, Quinnipiac Law Review ()
  • When Guns Threaten the Public Sphere: Recovering the Common Law Approach to Public Safety, 115 Northwestern University Law Review () (with Reva Siegel)
  • Cities, Preemption, and the Statutory Second Amendment, 87 University of Chicago Law Review ()
  • True Threats and the Second Amendment, The Journal of Law, Medicine & Ethics () (with Bardia Faghihvaseghi)
  • Why Regulate Guns?The Journal of Law, Medicine & Ethics () (with Reva Siegel)

Works in Progress

Issues Edited

Articles & Essays

Newspaper Articles and Commentary

  • Why Do States Ban “Electioneering” but Allow Guns at Polling Places?, Slate () (with Alan Chen)
  • Symposium: Disrupting the Consensus on Second Amendment Doctrine Would be a Mistake, SCOTUSblog () (with Eric Ruben)
  • Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine () (with Mitu Gulati)
  • The “Handgun Article” in Justice Powell’s Papers, Second Thoughts ()

James Boyle

Forthcoming

  • Mark of the Devil: The University as Brand Bully, Fordham Intellectual Property Law Journal () (with Jennifer Jenkins)

Curtis A. Bradley

Forthcoming

  • The Dynamic and Sometimes Uneasy Relationship Between Foreign Relations Law and International Law, in Encounters Between Foreign Relations Law and International Law -- Bridges and Boundaries ()

Works in Progress

Books

Articles & Essays

Newspaper Articles and Commentary

  • Trump Provided a Road Map for Stealing an Election. Next Time Could Be Worse, Washington Post ()
  • Constitutional Issues Relating to the NATO Support Act, Lawfare () (with Jack Goldsmith)

Rachel Brewster

Works in Progress

Articles & Essays

Samuel W. Buell

Forthcoming

Articles & Essays

Femi Cadmus

Forthcoming

  • Technology, Legal Information and Access to Justice in Africa, in Routledge Handbook of African Law (M. Ndulo and C. Emeziem, eds., )

Articles & Essays

Newspaper Articles and Commentary

  • The Socially Distanced Library: Staying Connected in a Pandemic, OUPblog ()
  • Why Law Librarians are so Important in a Data-Driven World, OUPblog ()

Guy-Uriel Charles

Works in Progress

Newspaper Articles and Commentary

  • How a Black Lives Matter Co-Creator Built a Movement From a Hashtag, Washington Post ()  (reviewing Alicia Garza, The Purpose of Power: How We Come Together When We Fall Apart, (2020))
  • Legal Battles Highlight How the 2020 Election Is Being Fought in the Courts, NBC News THINK ()
  • What’s Behind the Fight Over Wisconsin’s Primary? The Supreme Court’s Gerrymandering Ruling, Washington Post () (with Luis E. Fuentes-Rohwer)
  • Symposium: Precedent Dictates a Win for the Plaintiffs in This Term’s Partisan-Gerrymandering CasesSCOTUSblog () (with Luis E. Fuentes-Rohwer)

Jake Charles

Works in Progress

Issues Edited

Articles & Essays

George C. Christie

Books

Doriane Lambelet Coleman

Books

Articles & Essays

Newspaper Articles and Commentary

  • A Victory for Female Athletes Everywhere, Quillette ()

James D. Cox

Works in Progress

Books

  • Business Organizations Law  (West, 3d ed. 2011; West Academic Publishing, 4th ed. 2016, 5th ed. 2020) (Hornbook Series) (with Thomas Lee Hazen)

John M. de Figueiredo

Forthcoming

  • Innovation in the U.S. Government, in The Role of Innovation and Entrepreneurship in Economic Growth (Aaron Chatterji, Josh Lerner, Scott Stern, and Michael J. Andrews, eds., ) (with Joshua R. Bruce)

Articles & Essays

  • Public Sector Personnel Economics: Wages, Promotions, and the Competence-Control Trade-off, in Employee Inter- and Intra-Firm Mobility: Taking Stock of What We Know, Identifying Novel Insights and Setting a Theoretical and Empirical Agenda 111-148 (Daniel Tzabbar and Bruno Cirillo, eds., ) (with others)
  • Quitting in Protest: Presidential Policymaking and Civil Service Response, 15 Quarterly Journal of Political Science 507-538 () (with Charles M. Cameron)
  • Economic Influence Activities and Strategic Location Investment, 2019 Academy of Management Proceedings  () (with Davin Raiha)

Elisabeth D. de Fontenay

Works in Progress

Walter E. Dellinger III

Newspaper Articles and Commentary

  • While the Russians Attacked, Trump Looked the Other Way, Washington Post () (with Samantha Goldstein)
  • How the Mueller Report Can Still Threaten Trump’s Legitimacy, Washington Post ()

Deborah A. DeMott

Forthcoming

Articles & Essays

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 ()

Articles & Essays

Newspaper Articles and Commentary

  • Finding the Right U.S. Defense Leaders, Just Security ()
  • Clarifying the Law of Military Orders, CAAFlog ()
  • Reasonable People Can Differ on Trump’s Military Justice Actions, Small Wars Journal ()
  • Trump’s Military Pardons Not Likely to Hurt Morale, Discipline, Breaking Defense ()
  • Where Luke Hartig and I Agree on Drones (it’s More Than You Might Think), Just Security ()
  • Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations, Just Security ()
  • The Golsteyn Case and Civilian Oversight in Military Justice, Lawfare ()

Ofer Eldar

Forthcoming

Works in Progress

Articles & Essays

Newspaper Articles and Commentary

  • To Make a Difference, Businesses Must Have a Stake in Social Missions, ProMarket ()

Kate Evans

Articles & Essays

Newspaper Articles and Commentary

  • Argument Analysis: Justices Weigh Mandatory Deportations Based on “Thin Reed” of Minor Crimes, SCOTUSblog ()

Nita A. Farahany

Articles & Essays

  • Proof of Vaccination Will Be Very Valuable — and Easy to Abuse ()

Newspaper Articles and Commentary

  • Part-revived Pig Brains Raise Slew of Ethical Quandaries, 568 Nature () (with others)

Gina-Gail S. Fletcher

Articles & Essays

Michael D. Frakes

Works in Progress

Articles & Essays

Newspaper Articles and Commentary

  • Do as the Doctor Says, Not as He or She Does, STAT () (with others)

Brandon L. Garrett

Forthcoming

  • Autopsy of a Crime Lab: Exposing the Flaws in Forensics (University of California Press, )
  • Corporate CrimmigrationUniversity of Illinois Law Review ()
  • Life Without Parole SentencingNorth Carolina Law Review () (with others)
  • Misplaced Constitutional Rights, 100 Boston University Law Review ()
  • Prosecution Post-Conviction, in The Oxford Handbook of Prosecutors and Prosecution (Ron Wright, ed., )
  • Testing ComplianceLaw and Contemporary Problems () (with Gregory Mitchell)

Works in Progress

Articles & Essays

Sara Sternberg Greene

Articles & Essays

Newspaper Articles and Commentary

  • How to Stop Evictions From Further Ruining Lives, The New York Times () (with Barbara Kiviat)
  • How Government Rules Prevent Poor Americans From Saving, Politico () (with Pamela Foohey)
  • Bankruptcy Courts Ill-Prepared for Tsunami of People Going Broke From Coronavirus Shutdown, The Conversation () (with others)

Lisa Kern Griffin

Forthcoming

  • Lying, Truth-Seeking, and the Law of Questioning (Cambridge University Press, )

Articles & Essays

Newspaper Articles and Commentary

Ben K. Grunwald

Articles & Essays

Mitu Gulati

Forthcoming

Works in Progress

Articles & Essays

Newspaper Articles and Commentary

  • Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine () (with Joseph Blocher)

Laurence R. Helfer

Forthcoming

  • Contesting LGBT Rights Before Supranational Courts: Evidence From Third Party Submissions to the ECtHR, in International Adjudicators & Megapolitics () (with Clare Ryan)
  • Rethinking Derogations from Human Rights Treaties, 115 American Journal of International Law ()

Articles & Essays

Jayne Huckerby

Articles & Essays

Newspaper Articles and Commentary

  • Pompeo’s “Rights Commission” Is Worse Than Feared: 7 Concerns to Watch, Just Security () (with Sarah Knuckey)
  • Pompeo’s “Rights Commission” is Worse Than Feared: Part I, Just Security () (with Sarah Knuckey)
  • Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda, Just Security () (with others)

Jennifer Jenkins

Forthcoming

  • Music Copyright, Creativity, and Culture (Oxford University Press, )
  • Mark of the Devil: The University as Brand Bully, Fordham Intellectual Property Law Journal () (with James Boyle)

Trina Jones

Works in Progress

  • The “Angry Black Woman” () (with Kimberly Norwood)

Articles & Essays

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)

Kimberly D. Krawiec

Forthcoming

Works in Progress

  • The Danger of Difference: How Corporate Directors Talk About Diversity () (with others)

Casandra Laskowski

Articles & Essays

  • Exemplary Legal Writing 2019: Books: Five Recommendations, 2020 Green Bag Almanac & Reader 314-317 () (with Femi Cadmus)

Margaret H. Lemos

Books

David F. Levi

Articles & Essays

Marin K. Levy

Forthcoming

  • The Office of the Chief Judge, 169 University of Pennsylvania Law Review () (with Jon O. Newman)
  • The Promise of Senior Judges, 115 Northwestern University Law Review ()

Works in Progress

  • The Administration of the Federal Courts of Appeals () (with Jon O. Newman)
  • Judicial Secrecy () (with Dan Epps)

Articles & Essays

Newspaper Articles and Commentary

  • The Status of Non-Binding Authority, Jotwell ()
  • Republicans Have Already Packed State Supreme Courts, Washington Post ()
  • Confronting Online Advocacy, Jotwell ()

Ryke Longest

Articles & Essays

H. Timothy Lovelace, Jr.

Forthcoming

  • Civil Rights as Human Rights , 70 Duke law Journal ()

Mathew D. McCubbins

Articles & Essays

  • Building a New Rationality from the New Cognitive Neuroscience, in Routledge Handbook of Bounded Rationality 409-419 (Riccardo Viale, ed., ) (with others)
  • Collective Action in the Wild, in The Extended Theory of Cognitive Creativity: Interdisciplinary Approaches to Performativity 89-102 (Antonino Pennisi and Alessandra Falzone, eds., ) (with Mark B. Turner)
  • Coordination, Communication, and Information: How Network Structure and Knowledge Affect Group Behavior, 7 Journal of Experimental Political Science 1-12 () (with Nicholas Weller)
  • Is Political Knowledge Unique?, 8 Political Science Research and Methods 188-195 () (with Craig M. Burnett)

Darrell A. H. Miller

Forthcoming

  • Pointing Guns, Texas Law Review () (with others)
  • Second Amendment Equilibria, Northwestern University Law Review ()
  • The City’s Second Amendment, Cornell Law Review () (with Dave Fagundes)

Issues Edited

Articles & Essays

Newspaper Articles and Commentary

  • 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 ()

Madeline Morris

Forthcoming

  • U.S. Counterterrorism Law And Policy: A Documentary History (Oxford University Press, )

Michelle Benedict Nowlin

Articles & Essays

  • The County of Maui Decision Confirms the Meaning of the Clean Water Act - and the English Language, 52 Trends 2-4 () (with others)

H. Jefferson Powell

Forthcoming

Newspaper Articles and Commentary

  • History Tells Us Black Americans Need Better Legal Protection, Law360 ()

Arti K. Rai

Forthcoming

Articles & Essays

Newspaper Articles and Commentary

  • Acknowledging the Public Role in Private Drug Development: Lessons From Remdesivir, STAT () (with Justin Hughes)
  • Expanding Access and Reducing Prices for Drugs to Prevent HIV: Should Government Enforce Its Patent Rights Against the Pharmaceutical Industry?, 323 JAMA ( 821-822) (with Lawrence O. Gostin)

Jerome H. Reichman

Articles & Essays

Barak D. Richman

Works in Progress

Articles & Essays

Newspaper Articles and Commentary

  • How to Save Democracy From Technology: Ending Big Tech’s Information Monopoly,  Foreign Affairs () (with others)
  • Surprise Medical Bills Continue During Coronavirus Time, and Congress Still Misses Major Points, The Conversation ()
  • Early Lessons From COVID-19 We Already Should Have Learned () (with Thomas P. Miller)
  • Toward an Effective Innovation Agenda, The New England Journal of Medicine () (with Kevin A. Schulman)

Stephen E. Roady

Articles & Essays

  • Regulating the Common Heritage of Mankind: Challenges in Developing a Mining Code for the Area, in Global Challenges and the Law of the Sea 333-349 (Marta Chantal Ribeiro, Fernando Loureiro Bastos & Tore Henriksen, eds., ) (with Hannah Lily)
  • The County of Maui Decision Confirms the Meaning of the Clean Water Act - and the English Language, 52 Trends 2-4 () (with others)

Thomas D. Rowe, Jr.

Books

  • Civil Procedure (Foundation Press, 1st 2004, 2d ed. 2008, 3d ed. 2012, 4th ed. 2016, 5th ed. ) (with others)

Articles & Essays

Stephen E. Sachs

Forthcoming

Articles & Essays

Newspaper Articles and Commentary

  • Grounds for Impeachment: Solicitation, not just incitement, The Volokh Conspiracy ()
  • Institutions and Platforms: The Wisdom of "Sir, This is a Wendy's", The Volokh Conspiracy ()

Steven L. Schwarcz

Forthcoming

Works in Progress

Articles & Essays

Michael E. Tigar

Forthcoming

  • Sensing Injustice: A Lawyer's Life in the Battle for Change (Monthly Review Press, )

Jonathan B. Wiener

Forthcoming

  • Agenda Setting at EPA, in Fifty Years at the U.S. Environmental Protection Agency: Progress, Retrenchment, and Opportunities (A. James Barnes, John D. Graham & David Konisky, eds., ) (with John D. Graham)
  • Co-Benefits, Countervailing Risks, and Cost-Benefit Analysis, in Human and Ecological Risk Assessment: Theory and Practice (Dennis Paustenbach, ed., ) (with others)
  • Disregard and Due Regard, NYU Environmental Law Journal ()

Works in Progress

  • Comparing Environmental Risk Regulation in China and the United States () (with others)
  • Institutional Roles and Goals for Retrospective Regulatory Analysis () (with Lori S. Bennear)
  • Adaptive Regulation: A Framework for Policy Learning over Time () (with Lori S. Bennear)

Articles & Essays

Ernest A. Young

Articles & Essays

Lawrence A. Zelenak

Articles & Essays