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

Newspaper Articles and Commentary

Books

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

Articles and Essays

Newspaper Articles and Commentary

  • Cost-Benefit Analysis and Social Welfare Functions, RegBlog (September 19, 2016)
  • Inequality of What?, OUPblog (June 17, 2016)

Books

Articles and Essays

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)

Articles and Essays

Forthcoming

  • Prosecuting Corporations for Violations of International Criminal Law: Jurisdictional Issues, International Review of Penal Law (forthcoming)

Books

Articles and Essays

Forthcoming

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

  • President Trump's Executive Order on Regulatory Costs Imperils the Rest of His Regulatory Agenda, Washington Post (January 30, 2017)
  • D.C. Circuit Buries Supreme Court Precedent, Washington Post (October 11, 2016)
  • Providing Internet Access Isn't Speech, Washington Post (June 15, 2016)
  • Yes, Donald Trump Can Announce Whom He Would Appoint, Washington Post (May 18, 2016)
  • The Opinions Justice Scalia Joined will Start Being Treated Worse, Even if He is Replaced by a Like-Minded Justice, Washington Post (February 26, 2016)
  • Why Would a Trial Judge Make His Bias so Clear?, Washington Post (September 08, 2015)
  • What Does Congress Mean by "Methodology"?, Washington Post (June 12, 2015)
  • Q: "Do You Know of Any Case in Which We Have Halted a Proposed Rulemaking?" A: "I Do Not, Your Honor.", Washington Post (April 17, 2015)
  • FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for Internet Time, Washington Post (March 12, 2015)

Books

  • North Carolina Rules of Evidence with Objections (National Institute for Trial Advocacy, 5th 2017) (with others)
  • Torts: Doctrine and Process (Duke University Press, 2016) (with Doriane Lambelet Coleman)
  • BMI v. Minicom (NITA, 2015) (Faculty Version) (with Anthony J. Bocchino)
  • BMI v. Minicom (NITA, 2015) (Trial Version) (with Anthony J. Bocchino)
  • BMI v. Minicom (NITA, 2015) (Defendants Version) (with Anthony J. Bocchino)
  • BMI v. Minicom (NITA, 2015) (Plaintiffs Version) (with Anthony J. Bocchino)
  • Problems in Trial Advocacy (NITA, 2015) (with Anthony J. Bocchino)

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)

Books

Issues Edited

  • Law and Markets, 80 Law & Contemporary Problems (No. 1, 2017) (with Kimberly D. Krawiec)

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 Mitu Gulati)
  • The “Handgun Article” in Justice Powell’s Papers, Second Thoughts (August 08, 2019)
  • What Firearms Law and Regulatory Scholarship Can Learn from Each Other, The Regulatory Review (November 08, 2018) (with Darrell A.H. Miller)
  • If Countries Won’t Take Refugees for Moral Reasons, Let’s Give Them Financial Incentives, Quartz (April 06, 2018) (with Mitu Gulati)
  • The Fourth Circuit's "Assault Weapons" Ruling: Alternative Holdings and Alternative Weapons, ACSblog (February 27, 2017)
  • Speech, Guns and Docs v. Glocks, ACSblog (February 24, 2017)
  • Court-hacking Comes to North Carolina, News & Observer (November 19, 2016) (with Neil Seigel)
  • 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

  • Teaching Lawyers About Happiness, Law Practice Today (June 14, 2016)
  • Duke's Nontenure Faculty Unionized -- Now What?, Talent Management (May 20, 2016)
  • 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)

Books

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)
  • The Death of Article II Treaties?, Lawfare (December 13, 2018) (cross-posted on Just Security) (with others)
  • OLC’s Meaningless 'National Interests' Test for the Legality of Presidential Uses of Force, Lawfare (June 05, 2018) (with Jack Goldsmith)
  • Judicial and Media Independence After the Next Attack, Lawfare (February 09, 2017) (with Neil Siegel)
  • The Brexit Decision and Its Implications for U.S. Debates Over Treaty Withdrawal, Lawfare (January 24, 2017) (with Laurence Helfer)
  • 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)

Articles and Essays

Forthcoming

  • Fraud, in Palgrave Handbook of Applied Ethics and Criminal Law (L. Alexander & K. Ferzan eds. , forthcoming)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Trump’s Mueller Interview Endgame, Slate (January 29, 2018) (with Lisa Kern Griffin )
  • Insider Trading Money Shouldn't Be 'Finders, Keepers', Hill (October 18, 2016)
  • Prosecuting Wells Fargo Executives Won't Solve Anything, Slate (September 16, 2016)
  • What's In a Word, Your Honor? Defining Fraud is as Tricky as Prosecuting It., Duke Magazine (August 08, 2016)
  • It's Easy to Hate White Collar Criminals, But It's Surprisingly Hard to Sentence Them, Quartz (July 02, 2016)
  • Insider Trading Law in Deeper Waters, CLS Blue Sky Blog (January 10, 2015)

Articles and Essays

Books

  • A Lucky Lawyer's Life (2017)

Articles and Essays

  • Appeals, in International Encyclopedia of the Social & Behavioral Sciences 822-825 (2015) (with Marin K. Levy)

Books

Articles and Essays

Newspaper Articles and Commentary

Books

Articles and Essays

Books

Issues Edited

  • Sex in Sport, 80 Law & Contemporary Problems (No. 4, 2018) (with Kimberly D. Krawiec)

Articles and Essays

Newspaper Articles and Commentary

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

Articles and Essays

Newspaper Articles and Commentary

  • Former Chief Justice's Change of Heart is Another Bellwether Moment in the Demise of the Death Penalty, NC Policy Watch (June 02, 2016)
  • Human Rights Hero: Gay J. McDougall, Human Rights (January 01, 2015)

Books

Issues Edited

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

  • Will Federal Employees Work for a President They Disagree With?, Harvard Business Review (February 10, 2017) (with others)

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

  • The Last Days of Stock Exchange Listings for Sovereign Bonds?, FinReg Blog (November 07, 2016) (with others)

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)
  • Should We Be Able to Indict a Sitting President? Consider Spiro Agnew, The Washington Post (December 16, 2018)
  • Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General, Just Security (November 15, 2018) (with Marty Lederman)
  • Trump Wants to Trash a Fundamental American Principle, The Washington Post (October 31, 2018)
  • Reading James Baldwin on a Segregated Southern Construction Site, Washington Post (February 24, 2017)
  • Entry 5: The Battle is Not Over., Slate (June 23, 2016)
  • 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, 2016)   (Annual Supplements 1988-2002, comprehensive integration 2003-2004, 2004-2010, 2011-2012 to 2017-2018) (excerpted in R. Hamilton, Corporations Including Partnerships and Limited Partnerships (1990))

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • 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)
  • A Qualified Defense of Matthew Whitaker, Lawfare (November 19, 2018)
  • Let’s Temper the Rhetoric About Civil-Military Relations, Small Wars Journal (May 13, 2018)
  • Yes, There are Plausible Legal Rationales for the Syria Strikes, Lawfare (April 19, 2018)
  • No, Ceasefires and Armistices Are Not “Outmoded”, Just Security (January 22, 2018)
  • Trump's Cabinet of Ex-Generals will Help Keep Him Out of Wars, Not Push Him Into One, Vox (December 07, 2016)
  • It's Wrong to Suppress the Military Vote, Hill (October 20, 2016)
  • A Pardon for Patraeus, Washington Times (August 29, 2016)
  • Why Doesn't the ABA Consider Discrimination Based on Military or Veteran Status to be an Ethics Violation?, Just Security (August 24, 2016)
  • Do Both Candidates Support More Aggressive Material Support Litigation?, Lawfare (August 22, 2016)
  • The Moral Hazard of Inaction in War, War on the Rocks (August 19, 2016)
  • Legally Speaking, the NATO Treaty Does Not Require the U.S. to "Automatically" Use Force to Defend Allies, Small Wars Journal (July 21, 2016)
  • Brexit and National Security? Keep Calm and Carry On, Lawfare (June 26, 2016)
  • A Few Words about Memorial Day and More, Lawfire (May 27, 2016)
  • 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)
  • Facts that may be Surprising About the U.S. Defense Budget, Herald-Sun (January 01, 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)

Forthcoming

Articles and Essays

Works in Progress

  • Immigration Detention: Manipulating Risk in the Obama Era (July 25, 2019) (with Robert Koulish)

Articles and Essays

Works in Progress

  • On Cognitive Liberty (January 01, 2016)
  • The Cost of Changing Our Minds (January 01, 2016)

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)
  • Human by Design: An Ethical Framework for Human Augmentation, 36 IEEE Technology and Society Magazine 32-36 (2017) (with others)
  • 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

  • Part-revived Pig Brains Raise Slew of Ethical Quandaries, 568 Nature (April 17, 2019) (with others)
  • Can You Legally Consent to a Head Transplant?, Washington Post (August 25, 2016)
  • 3 Reasons Brain Science is Terrific and Terrifying, World Economic Forum (January 21, 2016)
  • Colleges Should Allow Students to Take Smart Drugs, Washington Post (November 03, 2015)
  • Jurors Award $2.25M in "Devious Defecator" Case, Washington Post (June 23, 2015)
  • Test for "Devious Defecator" was Unlawful, Judge Rules , Washington Post (May 30, 2015)
  • Zapping the Brain, Washington Post (May 29, 2015)
  • New Year's Resolutions, Conservatism & Porn, Washington Post (January 01, 2015)

Articles and Essays

Forthcoming

  • Putting Wealth to Work: Philanthropy for Today or Investing for Tomorrow?, Public Affairs (forthcoming)

Newspaper Articles and Commentary

  • The Power of the Blitz, Medium (February 06, 2017)
  • Why (Crowd) Size Matters, Medium (January 30, 2017)

Forthcoming

  • Do Patent Lawsuits Target Invalid Patents, in Selection and Decision in the Judicial Process Around the World: Empirical Inquiries (Yun-chien Chang, forthcoming) (with Melissa F. Wasserman)

Works in Progress

  • Defensive Medicine: Evidence from Military Immunity (January 01, 2017) (with Jonathan Gruber & Tracey Koehlmoos)
  • Procrastination in the Workplace: Evidence from the U.S. Patent Office (December 20, 2016)
  • Civil Rights Legislation and Racial Disparities in Health Care (July 27, 2016) (with others)
  • Racial Disparities in Health Care: Geographic Causes and the Impact of Geographical Standardization in Malpractice Standard of Care Rules (July 27, 2016) (with Anupam B. Jena)
  • The Effects of Medical Liability Immunities: Evidence from the Military Health System (July 27, 2016) (with Jonathan Gruber)
  • The Impact of National Medical Liability Standards on Local Access to Physician Services (June 01, 2016) (with others)

Articles and Essays

Forthcoming

Works in Progress

Books

  • The Death Penalty (Foundation Press, 2018) (Concepts and Insights Series) (with Lee B. Kovarsky)
  • End of its Rope: How Killing the Death Penalty Can Revive Criminal Justice (Harvard University Press, 2017)

Articles and Essays

Works in Progress

  • Invisible Inequality and the Law (in progress)
  • The Collateral Consequences of Criminal Charges (in progress) (with Mathew D. McCubbins)

Articles and Essays

Newspaper Articles and Commentary

Works in Progress

  • Lying and the Letter of the Law (January 01, 2018)
  • Popular Culture, Procedural Violence, and the Potential for Empathy (January 01, 2018)

Articles and Essays

Newspaper Articles and Commentary

  • Trump’s Mueller Interview Endgame, Slate (January 29, 2018) (with Samuel W. Buell)
  • 'Making a Murderer' is About Justice, Not Truth, New York Times (January 12, 2016)

Articles and Essays

Forthcoming

Works in Progress

Books

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)
  • If Countries Won’t Take Refugees for Moral Reasons, Let’s Give Them Financial Incentives, Quartz (April 06, 2018) (with Joseph Blocher)
  • The Last Days of Stock Exchange Listings for Sovereign Bonds?, FinReg Blog (November 07, 2016) (with others)
  • Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Joseph Blocher)

Newspaper Articles and Commentary

  • How Trumpism Can Bust the Medical Trusts: A populist war on health monopolies would unleash competition and give patients more choices, Wall Street Journal (March 03, 2017)
  • How Trumpism Can Bust the Medical Trust, Wall Street Journal (March 01, 2017)

Forthcoming

Books

Issues Edited

  • Special Section: Judicializing International Relations, 63 International Studies Quarterly (No. 3, 2019) (with others)
  • The Variable Authority of International Courts, 79 Law & Contemporary Problems (No. 1, 2016) (co-editor with Karen J. Alter & Mikael Rask Madsen)

Articles and Essays

Newspaper Articles and Commentary

  • The Brexit Decision and Its Implications for U.S. Debates Over Treaty Withdrawal, Lawfare (January 24, 2017) (with Curtis Bradley)
  • Avoiding a Rush to Exit -- Article 50 and the UK's Withdrawal from the EU, Opinio Juris (June 26, 2016)

Articles and Essays

  • Walker Connor, 45 Nationalities papers 730-733 (2017)

Newspaper Articles and Commentary

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

  • Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda, Just Security (July 09, 2019) (with others)
  • What Happened in North Carolina: The State’s Role in U.S. Post-9/11 Rendition and Torture, Just Security (September 28, 2018) (with Aya Fujimura-Fanselow)
  • Gina Haspel: Feminist Smokescreen, Not Choice, Just Security (May 09, 2018) (with Fionnuala Ní Aoláin )
  • Gendering Counterterrorism: How to, and How Not to – Part II, Just Security (May 03, 2018) (with Fionnuala Ní Aoláin )
  • Gendering Counterterrorism: How to, and How Not to – Part I, Just Security (May 01, 2018) (with Fionnuala Ní Aoláin )
  • France's Burkini Bans Put Muslim Women in Danger (August 24, 2016)
  • 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)

Books

Articles and Essays

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)

Forthcoming

  • DNA-Based Race, 98 North Carolina Law Review (forthcoming) (with others)
  • Plessy v. Ferguson Reconsidered, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law (Bennett Capers et al. eds., forthcoming)

Works in Progress

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

Articles and Essays

Books

Issues Edited

Articles and Essays

  • Talking Judges, 67 Duke Law Journal Online (2018) (with Mitu Gulati)
  • The Economic Analysis of Judicial Behavior, in Oxford Handbook of Judicial Behavior (Lee Epstein & Stefanie A. Lindquist eds., 2017) (with Lee Epstein)
  • How Bayesian are Judges?, 16 Nevada Law Journal 1061-1084 (2016) (with others)
  • Roundtable on Epistemic Democracy and Its Critics, 28 Critical Review 137-170 (2016) (with others)
  • On Attempts to Gerrymander "Positive" and "Normative" Political Theory: Six Theses, 24 Good Society 30-48 (2015) (with James Johnson)
  • 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

Books

Issues Edited

Articles and Essays

Works in Progress

  • Judicial Decisionmaking (January 01, 2018) (with others)

Issues Edited

Articles and Essays

Articles and Essays

Works in Progress

  • Unpacking State Courts (January 01, 2018)

Articles and Essays

Newspaper Articles and Commentary

  • Redesigning the Cert Process, Jotwell (February 01, 2018)
  • Rethinking Judicial Independence, Jotwell (June 05, 2017)
  • Rationing Constitutional Justice, Jotwell (July 08, 2015)

Articles and Essays

  • Who in the World Cares? Gender Gaps in Attitudes Toward Support for Older Adults in 20 Nations, 95 Social Forces 411-438 (2016) (with others)
  • Association Between Divorce and Risks for Acute Mycocardial Infarction, 8 Circulation: Cardiovascular Quality & Outcomes 244-251 (2015) (with others)
  • The Volcker Rule: A Brief Political History, 10 Capital Markets Law Journal 507-522 (2015) (with Kimberly D. Krawiec)

Newspaper Articles and Commentary

  • American Agriculture Is in Trouble, but Not Because Swine Farm Neighbors Are Getting Heard in Court, Medium (August 20, 2018)
  • NC Lawmakers on Wrong Side of Hog Farm Nuisance Lawsuits, The News & Observer (June 28, 2018)
  • Commentary: North Caroina Constitution's Green Guarantee, Southeast Energy News (July 12, 2016)
  • Larding up the NC Farm Bill, News & Observer (May 15, 2015)
  • Slow Billboard's Act of Aggression, Charlotte Observer (April 10, 2015)
  • Opinion Analysis: Bargaining in the Shadow of Equitable Apportionment, SCOTUSblog (March 03, 2015)
  • Threat Goes Beyond Gene Nichol, Charlotte Observer (February 21, 2015) (with Victor B. Flatt)

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)

Forthcoming

  • Collective Action in the Wild, in The Extended Theory of Cognitive Creativity (Antonino Pennisi and Alessandra Falzone, eds., forthcoming) (with Mark B. Turner)

Works in Progress

Articles and Essays

  • Fiscal Secession: An Analysis of Special Assessment Financing in California, Urban Affairs Review. Advance Online Publication 1-33 (2018) doi:10.1177/1078087418755317 (with Ellen C. Seljan)
  • Constitutions of Exception: The Constitutional Foundations of the Interruption of Executive and Legislative Function, 174 Journal of Institutional and Theoretical Economics 77-98 (2018) (with Jonathan N. Katz)
  • Effect of Holding Office on the Behavior of Politicians, 113 PNAS 13690-13695 (2016) (with others)
  • Marriage on the Ballot: An Analysis of Same-Sex Marriage Referendums in North Carolina, Minnesota, and Washington During the 2012 Elections, 19 Chapman Law Review 1-34 (2016) (with Craig M. Burnett)
  • 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)

Works in Progress

Books

Articles and Essays

  • Trust and the SRBA Mediation, 52 Idaho Law Review 335-340 (2016)
  • Dispute System Design The United Nations Compensation Commission, in War Reparations and the UN Compensation Commission: Designing Compensation After Conflict (Timothy J. Feighery et al eds., 2015)

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

Articles and Essays

Newspaper Articles and Commentary

Books

Articles and Essays

Newspaper Articles and Commentary

  • The Targeted Killing of American Citizens, OUPblog (September 26, 2016)
  • The Targeted Killing of American Citizens, OUPblog (September 22, 2016)
  • 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)

Articles and Essays

Newspaper Articles and Commentary

  • The Need for Speed: Process and Product Quality in Track 1, Law 360 (December 06, 2016) (with Elliot Chen)
  • 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)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Don't Expect theOCC to Embrace Fintech Failure, FinReg Blog (February 22, 2017)
  • Carmen Segarra and Competing Visions of Bank Supervision, FinReg Blog (October 25, 2016)
  • Break Up the Banks! But How?, FinReg Blog (October 11, 2016)
  • Should Wells Fargo Execs Responsible for Bilking Customers be Forced to Return Their Pay?, Conversation (September 18, 2016)

Articles and Essays

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

Newspaper Articles and Commentary

  • Lawyering and Teaching in the Wilderness, 3 LWI Lives (October 01, 2016 1, 4-5)

Forthcoming

  • Static and Dynamic Costs and Benefits of Pharmaceutical Blockbuster Acquisitions: Reports from the Front Line, Loyola University Chicago Law Journal (forthcoming) (with others)

Books

Articles and Essays

  • Religious Freedom Through Market Freedom: The Sherman Act and the Marketplace for Religion, 60 William & Mary Law Review 1523-1543 (2019)
  • The Shadows of Life: Medicaid's Failure of Health Care's Moral Test, 28 Annals of Health Law 163-194 (2019) (with others)
  • Administrative Costs Associated With Physician Billing and Insurance-Related Activities at an Academic Health Care System, 319 JAMA 691-697 (2018) (with others)
  • Consolidation in Provider and Insurer Markets: Enforcement Issues and PrioritiesAAI’s Series on Competition in the Delivery and Payment of Healthcare Services - Part I (2018) (with Thomas L. Greaney)
  • Health Regulation for the Digital Age — Correcting the Mismatch, 379 The New England Journal of Medicine 1694-1695 (2018)
  • Promoting Competition in Healthcare Enforcement and Policy: Framing an Active Competition AgendaAAI’s Series on Competition in the Delivery and Payment of Healthcare Services - Part II (2018) (with Thomas L. Greaney)
  • The Evolving Pharmaceutical Benefits Market, 319 JAMA 2269-2270 (2018) (with Kevin A. Schulman)
  • Pharmaceutical M&A Activity: Effects on Prices, Innovation, and Competition, 48 Loyola University Chicago Law Review 787-819 (2017) (with Will Mitchell, Elena Vidal & Kevin Schulman)
  • A Coasean View of Stateless Commerce, 4 Man and the Economy (no.2, 2017) doi:10.1515/me-2017-0009
  • Achieving Universal Coverage without Turning to a Single Payer: Lessons from 3 Other Countries, 317 Journal of the American Medical Association 1409-1410 (2017) (with Regina E. Herzlinger & Richard J. Boxer)
  • An Autopsy of Cooperation: Diamond Dealers and the Limits of Trust-Based Exchange, 9 Journal of Legal Analysis 248-283 (2017)
  • Battling the Chargemaster: A Simple Remedy to Balance Billing for Unavoidable Out-Of-Network Care, 23 American Journal of Managed Care e100-e105 (April 2017) (with Arnold Milstein, Nick Kitzman & Kevin A. Schulman)
  • N.C. Medicaid Reform: A Bipartisan Path Forward (Duke University Bass Connections Program, April 25, 2017) (with Allison Rice et al.)
  • Reassessing ACOs and Health Care Reform, 316 Journal of the American Medical Association 707-708 (2016) (with Kevin A. Schulman)
  • 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

  • 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)
  • The Physician as Dictator, 390 The Lancet (September 09, 2017, at 1023) (with others)
  • How Health Care Hurts Your Paycheck, New York Times (November 02, 2016) (with others)
  • Religious Freedom Debate Upends Balance Between Establishment, Free Exercise Clauses, News & Observer (April 02, 2015)

Articles and Essays

  • The Public Trust Doctrine, in Ocean and Coastal Law and Policy 43-74 (Donald C. Baur et al eds., 2015)

Articles and Essays

Newspaper Articles and Commentary

  • Article IV, Section 1: Full Faith and Credit Clause, National Constitution Center (September 12, 2016) (with Steve Sanders)
  • Full Faith and Credit in Court and in Congress, National Constitution Center (September 12, 2016)
  • Talking About Standing in Zivotofsky and Robins, Prawfsblawg (May 17, 2016) (with others)

Forthcoming

Books

Articles and Essays

Newspaper Articles and Commentary

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

Forthcoming

Works in Progress

Books

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

Articles and Essays

Newspaper Articles and Commentary

  • Norms and Conventions Meet Donald Trump, Oxford Human Rights Hub (March 02, 2017)
  • The U.S. Constitution, Constitutionational Conventions, and President Trump, Oxford Human Rights Hub (March 01, 2017)
  • Reciprocal Legitimation in Response to President Trump, Balkinization (February 14, 2017)
  • Judicial and Media Independence After the Next Attack, Lawfare (February 09, 2017) (with Curtis Bradley)
  • Anthony Kennedy is Not Stupid, Slate (February 05, 2017) (with Dahlia Lithwick)
  • The Democrats Can't Block Gorsuch, Slate (February 01, 2017) (with Dahlia Lithwick)
  • Court-hacking Comes to North Carolina, News & Observer (November 19, 2016) (with Joseph Blocher)
  • The Distinct Role of Justice Alito: From a Politics of Restoration to a Politics of Dissent, Balkinization (October 19, 2016)
  • Reciprocal Legitimation in Federal Courts System , Balkinization (July 18, 2016)
  • The Supreme Court's Reassuring--and Concerning-- Abortion Ruling, ACSblog (July 05, 2016)
  • A Litmus Test for Trump's Racism (June 10, 2016)
  • 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)

Multimedia

  • Direct and Indirect Taxes, National Constitution Center, Interactive Constitution (2016) (with Steven J. Willis)
  • Still Very Narrow After All These Years-- And Rightly So, National Constitution Center, Interactive Constitution (2016)
  • The Necessary and Proper Clause, National Constitution Center, Interactive Constitution (2016) (with Gary Lawson)
  • The Necessary and Proper Clause and the Collective Action Principle, National Constitution Center, Interactive Constitution (2016)
  • The Power to Tax, Not to Destroy: An Effects Theory of the Taxing Clause, National Constitution Center, Interactive Constitution (2016)
  • The Taxing Clause, National Constitution Center, Interactive Constitution (2016) (with Steven J. Willis)

Books

Articles and Essays

  • John French Sloan and the Word Pictures in Your Case, 46 Litigation 62-63 (2019)
  • Lecture: Thoughts About Legal Ethics and Criminal Defense, 16 Hitosubasi Journal of Law & International Studies 241-275 (No. 1 2017) (translated by Keiichi Muraoka)
  • Plea Bargaining for Leniency, 10 Hakuō Law Review 253-270 (2017) (translated by Keiichi Muraoka)
  • Sartre and How the Witnesses See Your Case, 43 Litigation 57-58 (Spring 2017)
  • Claude Monet and the Theory of Your Case, Litigation 57 (Fall 2016)
  • The Essential Monroe Freedman, in Four Works, 44 Hofstra Law Review 659-668 (2016) (previously published in 23 Professional Lawyer (2015))
  • Resisting Wholesale Electronic Invasion of the Fourth Amendment, Champion 20-25 (August 2015)

Books

Articles and Essays

Newspaper Articles and Commentary

  • Why Colleges Shouldn’t be Handling Sexual-Assault Complaints, The Chronicle of Higher Education (April 04, 2018)

Books

Articles and Essays

Newspaper Articles and Commentary

Forthcoming

  • Reviewing Retrospective Regulatory Review, Report of the Duke Project (Bass Connections) (with others)

Works in Progress

  • Adaptive Regulation and Instrument Choice (January 01, 2018) (with Lori S. Bennear)

Books

Issues Edited

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

  • Symposium: United States v. Texas and the future of state-federal litigation, Scotusblog (June 24, 2016)
  • Daniel J. Meltzer '75: 1951-2015, Harvard Law Today (October 02, 2015)

Forthcoming

Books

Issues Edited

Articles and Essays