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.

 

Articles and Essays

Books

Articles and 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 (February 13, 2020) (with Joanna L. Grossman)

Articles and Essays

Articles and Essays

Forthcoming

Books

Newspaper Articles and Commentary

  • Striking Language from the Trump Administration's Complaint in United States v. John Bolton, The Volokh Conspiracy (June 16, 2020)

Forthcoming

Works in Progress

  • 'The Road I Can’t Help Travelling': Holmes on Truth and Persuasion (August 01, 2019)
  • Judicial Ideology and Second Amendment Doctrine (August 01, 2019) (with Eric Ruben)
  • ‘The Second Amendment is Not a Second-Class Right’: A Case Study in Constitutional Rhetoric (August 01, 2019) (with Eric Ruben)

Articles and Essays

Newspaper Articles and Commentary

  • Symposium: Disrupting the Consensus on Second Amendment Doctrine Would be a Mistake, SCOTUSblog (November 20, 2019) (with Eric Ruben)
  • Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine (August 23, 2019) (with Mitu Gulati)
  • The “Handgun Article” in Justice Powell’s Papers, Second Thoughts (August 08, 2019)

Articles and Essays

  • Teaching Positive Psychology in Law School, in Positive Psychiatry: A Casebook (Richard F. Summers and Dilip V. Jeste, eds., 2019)

Forthcoming

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

Issues Edited

Articles and Essays

Forthcoming

Books

Articles and Essays

Newspaper Articles and Commentary

  • Constitutional Issues Relating to the NATO Support Act, Lawfare (January 28, 2019) (with Jack Goldsmith)
  • Executive Agreements: International Lawmaking Without Accountability?, Lawfare (January 09, 2019) (cross-posted on Just Security) (with others)

Forthcoming

  • Intersecting Legal Spaces: International Trade and Anticorruption Law, in Landscapes of Law: Practicing Sovereignty in Transnational Terrain (Carol J. Greenhouse and Christina L. Davis, eds., forthcoming)

Articles and Essays

Forthcoming

Articles and Essays

  • Fraud, in Palgrave Handbook of Applied Ethics and the Criminal Law 265-282 (Larry Alexander & Kimberly Kessler Ferzan, eds., 2019)
  • The Political and Professional Economies of US Global Corporate Criminal Enforcement, in The Oxford Handbook of Institutions of International Economic Governance and Market Regulation (Eric Brousseau, Jean-Michel Glachant, and Jérôme Sgard, eds., 2019)

Forthcoming

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

Articles and Essays

Forthcoming

  • Firearms, Extreme Risk, and Legal Design: "Red Flag" Laws and Due Process, 106 Virginia Law Review (forthcoming) (with Joseph Blocher)
  • The Geography of a Constitutional Right: Gun Rights Outside the Home, Law and Contemporary Problems (forthcoming) (with others)

Articles and Essays

Newspaper Articles and Commentary

Books

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • A Victory for Female Athletes Everywhere, Quillette (May 03, 2019)

Books

Articles and Essays

Forthcoming

Articles and 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., 2020) (with others)

Forthcoming

  • Complete Contracts in Finance, Wisconsin Law Review (forthcoming)
  • Debt Financing, in Encyclopedia of Law and Economics: Corporate Law and Economics (A. Badawi ed., forthcoming)

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

  • While the Russians Attacked, Trump Looked the Other Way, Washington Post (April 19, 2019) (with Samantha Goldstein)
  • How the Mueller Report Can Still Threaten Trump’s Legitimacy, Washington Post (March 29, 2019)

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • Reasonable People Can Differ on Trump’s Military Justice Actions, Small Wars Journal (December 16, 2019)
  • Trump’s Military Pardons Not Likely to Hurt Morale, Discipline, Breaking Defense (December 11, 2019)
  • Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations, Just Security (March 18, 2019)
  • The Golsteyn Case and Civilian Oversight in Military Justice, Lawfare (January 17, 2019)

Forthcoming

Works in Progress

Articles and Essays

Forthcoming

Articles and Essays

Articles and Essays

  • Ethical Guidelines for DNA Testing in Migrant Family Reunification, 19 American Journal of Bioethics 4-7 (2019) (with others)
  • Neuroscience and the Criminal Justice System, 2 Annual Review of Criminology 451-471 (2019) (with Henry T. Greely)

Newspaper Articles and Commentary

  • Part-revived Pig Brains Raise Slew of Ethical Quandaries, 568 Nature (April 17, 2019) (with others)

Articles and Essays

Articles and Essays

Forthcoming

Articles and Essays

Forthcoming

Works in Progress

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • Bankruptcy Courts Ill-Prepared for Tsunami of People Going Broke From Coronavirus Shutdown, The Conversation (May 13, 2020) (with others)

Forthcoming

  • Lying, Truth-Seeking, and the Law of Questioning (Cambridge University Press, forthcoming)
  • Sandra Day O’Connor’s "First" Principles: A Constructive Vision for an Angry Nation, 120 Columbia Law Review (forthcoming)  (reviewing Evan Thomas, First: Sandra Day O’Connor (2019))

Newspaper Articles and Commentary

  • Why Republicans Are Refusing to Testify, The Atlantic (December 20, 2019)

Articles and Essays

Forthcoming

Works in Progress

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

  • Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine (August 23, 2019) (with Joseph Blocher)

Forthcoming

Issues Edited

  • Special Section: Judicializing International Relations, 63 International Studies Quarterly (No. 3, 2019) (with others)

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • Pompeo’s “Rights Commission” Is Worse Than Feared: 7 Concerns to Watch, Just Security (April 16, 2020) (with Sarah Knuckey)
  • Pompeo’s “Rights Commission” is Worse Than Feared: Part I, Just Security (March 13, 2020) (with Sarah Knuckey)
  • Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda, Just Security (July 09, 2019) (with others)

Forthcoming

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

Works in Progress

  • The “Angry Black Woman” (August 01, 2019) (with Kimberly Norwood)

Articles and Essays

Newspaper Articles and Commentary

  • What Do We Teach Our Students About Law and Justice?, Medium (June 15, 2020) (with Kimberly Jade Norwood)

Books

  • Political Legitimacy (New York University Press, 2019) (NOMOS LXI) (editor with Melissa Schwartzberg)
  • Privatization (NYU Press, 2019) (NOMOS LX) (editor with Melissa Schwartzberg)

Issues Edited

Forthcoming

  • Organ Entrepreneurs, in The Cambridge Handbook of Law and Entrepreneurship (D. Gordon Smith and Christine Hurt eds., forthcoming) (with Kieran Healy)

Articles and Essays

Issues Edited

Articles and Essays

Forthcoming

  • Interbranch Queries and Invited Overrides?, 108 California Law Review (forthcoming) (with Tejas Narechania)
  • Packing and Unpacking State Courts?, William & Mary Law Review (forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • Confronting Online Advocacy, Jotwell (September 04, 2019)

Articles and Essays

  • Collective Action in the Wild, in The Extended Theory of Cognitive Creativity: Interdisciplinary Approaches to Performativity 89-102 (Antonino Pennisi and Alessandra Falzone, eds., 2020) (with Mark B. Turner)

Forthcoming

  • The City’s Second Amendment, Cornell Law Review (forthcoming) (with Dave Fagundes)
  • The Geography of a Constitutional Right: Gun Rights Outside the Home, Law and Contemporary Problems (forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • A Simplistic Interpretation of "Defund the Police" May Embolden Vigilantes, Newsday (June 20, 2020)

Forthcoming

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

Articles and Essays

  • Applying Unoccupied Aircraft Systems to Study Human Behavior in Marine Science and Conservation Programs, 6:567 Frontiers in Marine Science 1-11 (2019) (with others)

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Acknowledging the Public Role in Private Drug Development: Lessons From Remdesivir, STAT (May 13, 2020) (with Justin Hughes)

Forthcoming

Forthcoming

  • New Institutional Economics, in Oxford Handbook of New Private Law (Henry Smith, et al eds., forthcoming)
  • Static and Dynamic Costs and Benefits of Pharmaceutical Blockbuster Acquisitions: Reports from the Front Line, Loyola University Chicago Law Journal (forthcoming) (with others)

Articles and Essays

Newspaper Articles and Commentary

  • Surprise Medical Bills Continue During Coronavirus Time, and Congress Still Misses Major Points, The Conversation (May 13, 2020)
  • Toward an Effective Innovation Agenda, The New England Journal of Medicine (January 23, 2019) (with Kevin A. Schulman)
  • Stop Outrageous Air Ambulance Bills by Disclosing the Transport Price, STAT (January 08, 2019) (with others)

Articles and Essays

  • Applying Unoccupied Aircraft Systems to Study Human Behavior in Marine Science and Conservation Programs, 6:567 Frontiers in Marine Science 1-11 (2019) (with others)

Forthcoming

Books

Forthcoming

Articles and Essays

Articles and Essays

Forthcoming

Works in Progress

Books

Articles and Essays

Articles and Essays

Articles and Essays

  • John French Sloan and the Word Pictures in Your Case, 46 Litigation 62-63 (2019)

Articles and Essays

Articles and Essays