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)

Books

Articles and Essays

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

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

Books

Forthcoming

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

Works in Progress

  • Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders (September 30, 2020) (with Catie Carberry)
  • 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)

Issues Edited

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)

Articles and Essays

Forthcoming

Articles and Essays

  • The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Liability, 93 Southern California Law Review 697-761 (2020) (with Jennifer Arlen)
  • 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

Newspaper Articles and Commentary

  • The Socially Distanced Library: Staying Connected in a Pandemic, OUPblog (October 19, 2020)
  • Why Law Librarians are so Important in a Data-Driven World, OUPblog (March 05, 2020)

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

Works in Progress

Issues Edited

Articles and Essays

Books

Articles and Essays

Books

Articles and Essays

Newspaper Articles and Commentary

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

Books

Articles and Essays

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., forthcoming) (with Joshua R. Bruce)

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)
  • Quitting in Protest: Presidential Policymaking and Civil Service Response, 15 Quarterly Journal of Political Science 507-538 (2020) (with Charles M. Cameron)
  • Economic Influence Activities and Strategic Location Investment, 2019 Academy of Management Proceedings (with Davin Raiha)

Forthcoming

  • Windstream and Contract Opportunism, Capital Markets Law Journal (forthcoming)
  • Debt Financing, in Encyclopedia of Law and Economics: Corporate Law and Economics (A. Badawi ed., forthcoming)

Works in Progress

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)

Forthcoming

Articles and Essays

Forthcoming

  • Civil-Military Relations, in National Security Law and Policy: A Reader (Melanie Marlowe & Thomas Karako, eds., forthcoming)
  • Why the Military Professionalism: Sky Is Not Falling, in Civil-Military Relations (forthcoming)

Articles and Essays

Newspaper Articles and Commentary

  • Finding the Right U.S. Defense Leaders, Just Security (August 28, 2020)
  • Clarifying the Law of Military Orders, CAAFlog (April 17, 2020)
  • 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)
  • Where Luke Hartig and I Agree on Drones (it’s More Than You Might Think), Just Security (April 01, 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

  • Crisis Poison Pills, Review of Corporate Finance Studies (forthcoming) (with Michael D. Wittry)

Works in Progress

Articles and Essays

Newspaper Articles and Commentary

  • To Make a Difference, Businesses Must Have a Stake in Social Missions, ProMarket (October 15, 2020)

Articles and Essays

Newspaper Articles and Commentary

  • Argument Analysis: Justices Weigh Mandatory Deportations Based on “Thin Reed” of Minor Crimes, SCOTUSblog (October 19, 2020)

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)
  • The Cost of Changing Our Minds, 69 Emory Law Journal 75-110 (2019)
  • The NIH BRAIN Initiative: Integrating Neuroethics and Neuroscience, 101 Neuron 394-398 (2019) (with others)
  • The Seductive Allure of Artificial Intelligence-Powered Neurotechnology, in Proceedings of the 2019 AAAI/ACM Conference on AI, Ethics, and Society 397-402 (2019) (with others)

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

Works in Progress

Articles and Essays

Forthcoming

  • Autopsy of a Crime Lab: Exposing the Flaws in Forensics (University of California Press, forthcoming)
  • Corporate Crimmigration, University of Illinois Law Review (forthcoming)
  • Life Without Parole Sentencing, North Carolina Law Review (forthcoming) (with others)
  • Prosecution Post-Conviction, in The Oxford Handbook of Prosecutors and Prosecution (Ron Wright, ed., forthcoming)
  • Testing Compliance, Law and Contemporary Problems (forthcoming) (with Gregory Mitchell)

Works in Progress

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • How Government Rules Prevent Poor Americans From Saving, Politico (September 03, 2020) (with Pamela Foohey)
  • Bankruptcy Courts Ill-Prepared for Tsunami of People Going Broke From Coronavirus Shutdown, The Conversation (May 13, 2020) (with others)

Forthcoming

Newspaper Articles and Commentary

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

Articles and Essays

Articles and Essays

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

Issues Edited

Articles and Essays

Articles and Essays

Newspaper Articles and Commentary

  • The Status of Non-Binding Authority, Jotwell (November 12, 2020)
  • Republicans Have Already Packed State Supreme Courts, Washington Post (October 26, 2020)
  • Confronting Online Advocacy, Jotwell (September 04, 2019)

Articles and Essays

Forthcoming

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

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

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

Issues Edited

Articles and Essays

Newspaper Articles and Commentary

  • How to Safeguard Progressive Legislation Against the Supreme Court: Poison Pills, Washington Post (October 26, 2020) (with Aziz Huq)
  • Gun Laws Were Meant to Ban Private Militants. Now, Our Hands are Tied., Washington Post (September 02, 2020)
  • 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)

Articles and Essays

Newspaper Articles and Commentary

  • History Tells Us Black Americans Need Better Legal Protection, Law360 (July 19, 2020)

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)

Articles and Essays

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)

Books

Articles and Essays

Forthcoming

Articles and Essays

Newspaper Articles and Commentary

  • Institutions and Platforms: The Wisdom of "Sir, This is a Wendy's", The Volokh Conspiracy (October 26, 2020)

Articles and Essays

Forthcoming

Works in Progress

Books

Articles and Essays

Articles and Essays

Forthcoming

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

Articles and Essays

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

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., forthcoming) (with John D. Graham)
  • Co-Benefits, Countervailing Risks, and Cost-Benefit Analysis, in Human and Ecological Risk Assessment: Theory and Practice (Dennis Paustenbach, ed., forthcoming) (with others)
  • Disregard and Due Regard, NYU Environmental Law Journal (forthcoming)
  • Learning to Manage the Multirisk World, Risk Analysis (forthcoming)

Works in Progress

  • Comparing Environmental Risk Regulation in China and the United States (November 01, 2020) (with others)
  • Institutional Roles and Goals for Retrospective Regulatory Analysis (October 26, 2020) (with Lori S. Bennear)
  • Adaptive Regulation: A Framework for Policy Learning over Time (February 01, 2019) (with Lori S. Bennear)

Articles and Essays

Articles and Essays

Articles and Essays