Books

• Intellectual Property: Cases and Materials (West Publishing, 4th ed. 2012) (with Annual Supplements 2005-2014 and Teacher's Manual 2003 & 2007) (with others)
  

Articles and Essays

• From Berne to Beijing: A Critical Perspective, 16 Vanderbilt Journal of Entertainment & Technology Law 1-10 (2013)
  

• International Maritime Boundaries (M. Nijhoff, forthcoming) (editor)
  
• Baselines, in Oxford Handbook on the Law of the Sea (Don Rothwell et al eds., forthcoming)
  

Articles and Essays

• Why Litigate a Maritime Boundary? Some Contributing Factors, in Litigating International Disputes: Weighing the Options 230 (Natalie Klein ed., 2014)
  
• Territorial and Maritime Dispute Between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras), 102 American Journal of International Law 113-120 (2012)
  

• An Examination of State Amicus Activity 1979-2010 (January 01, 2014) (with Kevin Quinn)
  
• Judicial Decisionmaking (January 01, 2014) (with others)
  
• Privatizing Government Litigation (January 01, 2014)
  

Articles and Essays

• For-Profit Public Enforcement, 127 Harvard Law Review 853-913 (2014) (with Max Minzner)
  
• Interpretive Methodology and Delegations to Courts: Are "Common-Law Statutes" Different?, in Intellectual Property and the Common Law 89-106 (Shyamkrishna Balganesh ed., 2013)
  
• The Politics of Statutory Interpretation, 89 Notre Dame Law Review 849-908 (2013) (reviewing Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (2012))
  
• Aggregate Litigation Goes Public: Representative Suits by State Attorneys General, 126 Harvard Law Review 486-549 (2012)
  

• In the Absence of Scrutiny: Narratives of Probable Cause (July 01, 2013) (with others)
  

Books

• Federal Trial Objections (James Publishing, 2013) (2002 - 2013) (with others)
  

Articles and Essays

• They Were Meant for Each Other: Professor Edward Cooper and the Rules Enabling Act, 46 University of Michigan Journal of Law Reform 495-525 (2013) (with others)
  

Newspaper Articles and Commentary

• Viewpoints: Cuts Will Make Federal Judiciary Mediocre, Sacramento Bee (April 03, 2013)
  
• The Constitution On Your Corner, National Law Journal (January 09, 2012)
  

• Appeals, in International Encyclopedia of the Social & Behavioral Sciences (forthcoming) (with Paul D. Carrington)
  

• Understanding the Lack of Randomness in Panel Assignment in the Federal Appellate Courts (January 01, 2015)
  
• Challenging the Randomness of Panel Assignment in the Federal Appellate Courts (November 08, 2014) (with Adam S. Chilton)
  
• Short-Circuiting Adjudication (September 22, 2014)
  
• Visitors Among Us: The Role of Visiting Judges in the Federal Appellate Courts (September 22, 2014)
  

Books

• Federal Standards of Review: Review of District Court Decisions and Agency Actions (Thomson West, 2d ed. 2013) (with others)
  

Articles and Essays

• Judging Justice on Appeal, 123 Yale Law Journal 2386-2421 (2014) (reviewing William M. Richman & William L. Reynolds, Injustice on Appeal: The United States Courts of Appeals in Crisis (2013))
  
• Judging the Flood of Litigation, 80 University of Chicago Law Review 1007-1077 (2013)
  
• Judicial Attention as a Scarce Resource: A Preliminary Defense of How Judges Allocate Time Across Cases in the Federal Courts of Appeals, 81 George Washington Law Review 401-447 (2013)
  
• Case Management in the Circuit Courts, Legal Workshop (2012)
  

Newspaper Articles and Commentary

• What $18 Billion in 'Enforcement-Only' Buys, News & Observer (January 09, 2013)
  

Articles and Essays

• Brief of Common Law Scholars as Amici Curiae in Support of Respondents, Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435 (U.S., Sept 2014)
  

• Do Racial Disparities Exist During Pretrial Decisionmaking? Evidence from North Carolina (July 22, 2014) (with others)
  

Articles and Essays

• An Exploration of "Noneconomic" Damages in Civil Jury Awards, William & Mary Law review 971-1027 (2014) (with others)
  
• Health Trajectories of Women in China: The Role of Parental Caregiving, Journal of Gerontology Series B: Psychological Sciences and Social Sciences (2014) (with Matthew E. Dupre)
  
• The Cumulative Impact of Unemployment on Risks of Acute Myocardial Infarction, Archives of Internal Medicine (2012) (with others)
  
• Health Implications of Grandparents Caring for Grandchildren in China, 67 Journals of Gerontology Series B 99-112 (2012) (with Feinian Chen)
  
• Psychological Well-Being of the Institutionalized and Community-Residing Oldest Old in China: The Role of Children, 75 Social Science & Medicine 1874-1882 (2012) (with others)
  

• Guide to Environmental Justice and Protection in North Carolina (January 01, 2014) (with grant support from Z. Smith Reynolds Foundation)
  

Articles and Essays

• Using the Public Trust Doctrine to Achieve Ocean Stewardship, in Rule of Law for Nature: New Dimensions and Ideas in Environmental Law 365-379 (Christina Voigt ed., 2013)
  
• Reports Identify Regulatory Gaps to be Filled to Allow Development of Shale Hydrocarbon Potential in North Carolina, Environmental News 4 (2012) 4/1/2012
  

Newspaper Articles and Commentary

• Wrongly Shrouding Swine in Secrecy, Raleigh News & Observer (May 24, 2014) (with Michelle Nowlin)
  
• NC Must Say No to Allowing Fracking Secrets, NewsObserver.com (November 21, 2013) (with Matthew McFeeley)
  
• Which is it Mitch?, The Broccoli Horrible (September 27, 2013)
  
• N.C. Lawmakers Passed Bad Billboard Bill; Veto it, Governor, Charlotte Observer (August 01, 2013)
  
• Va. Doesnt Need to Mess Around With Uranium, Washington Post (January 04, 2013)
  

• Private Investment Companies and the JOBS Act, 20 Investment Lawyer (forthcoming)
  

Articles and Essays

• Family Offices, in Investiment Adviser Regulation: A Step-By-Step Guide to Compliance and the Law (2013)
  
• Protection Against Conflicts of Interest, in Mutual Funds and Exchange Traded Funds Regulation (Clifford E. Kirsch ed., 2013)
  

Articles and Essays

• Hawking Hyphens in Compound Modifiers, 11 Legal Communication & Rhetoric: JALWD 153-175 (2014)
  

Articles and Essays

• HIV/AIDS in the Southern USA: A Disproportionate Epidemic, 26 AIDS Care: Psychological and Socio-medical Aspects of AIDS/HIV 351-359 (2014) (with others)
  
• Family Court Proceedings, in HIV & AIDS Benchbook (Joshua Bachrach & Cynthia Knox eds, 2012) (with others)
  

• Are Individuals Fickle-Minded? (December 24, 2013) (with Mark Turner)
  
• Can We Build Behavioral Game Theory? (June 12, 2013) (with others)
  

Articles and Essays

• Knowledge and Networks: An Experimental Test of How Network Knowledge Affects Coordination, 36 Social Networks 122-133 (2014) (with others)
  
• State and Local Government Finance: The New Fiscal Ice Age, 17 Annual Review of Political Science 105-122 (2014) (with D. Roderick Kiewiet)
  
• Testing the Foundations of Quantal Response Equilibrium, in Social Computing, Behavioral-Cultural Modeling and Prediction 144-153 (Ariel M. Greenberg et al. eds, 2013) (with others)
  
• Cheap, Easy or Connected: The Conditions for Creating Group Coordination, 86 Southern California Law Review 495-516 (2013) (with others)
  
• Concepts of Law, 86 Southern California Law Review 517-570 (2013) (with Mark Turner)
  
• Gaming Direct Democracy: How Voters' Views of Job Performance Interact with Elite Endorsements on Ballet Measures, 5 California Journal of Politics Policy 627-643 (2013) (with Craig M. Burnett)
  
• Sex and the Ballot Box: Perception of Ballot Measures Regarding Same-Sex Marriage and Abortion in California, 34 Journal of Public Policy 3-33 (2013) (with Craig M. Burnett)
  
• When Common Wisdom Is Neither Common Nor Wisdom: Exploring Voters' Limited Use of Endorsements On Three Ballot Measures, 97 Minnesota Law Review 1557 (2013) (with Craig M. Burnett)
  
• Human Matching Behavior in Social Networks: An Algorithmic Perspective, 7 PLOS One (2012) (doi:10.1371/journal.pone.0041900) (August 22, 2012) (with others)
  
• Effects of Network Structure on Costly Coordination, in Association for Advancement of Artificial Intelligence Fall Symposium on Social Networks and Social Contagion (2012) (with Nicholas Weller)
  
• Going Cognitive: Tools for Rebuilding the Social Sciences, in Grounding Social Sciences in Coginitive Sciences (Ron Sun ed., 2012) (with Mark Turner)
  
• The Challenge of Flexible Intelligence for Models of Human Behavior, 2012 3-12 (Marshall School of Business, Working Paper No. FBE 03-12, 2012) (with others)
  
• The Mythology of Game Theory, in Proceedings of the International Conference on Social Computing, Behavioral-Cultural Modeling & Prediction. Springer Lecture Notes in Computer Science (Shanchieh Jay Yang et.al. eds., 2012)
  
• The Theory of Minds Within the Theory of Games, in Proceedings of the International Conference on Artificial Intelligence (2012) (with others)
  

Books

• Rama (Bohemian Club, 2014) (play performed Friday, July 25, 2014 at the Bohemian Grove) (with Kenneth B. Baggott)
  

Articles and Essays

• The Nez Perce Negotiations, in Through the Waters An Oral History of the Snake River Basin Adjudication 202-224 (Idaho State Bar Water Law Section & Randy Stapilus eds., 2014) (with others)
  
• From Charisma to Routine: Presiding over Catastrophe's Aftermath, 29 Negotiation Journal 119-123 (2013) (reviewing Kenneth R. Feinberg, Who Gets What: Fair Compensation After Tragedy and Financial Upheaval (2012))
  
• Evaluating and Improving the MDL Process, 38 Litigation 26-32 (2012) (with John G. Heyburn II)
  
• Litigation After "Natural" Disasters, 15 International Liability Forum 13-22 (2012)
  

Articles and Essays

• Foreword, 31 Alaska Law Review iii-iv (2015)
  

• What is Law Beyond the State? An Introduction, in [Title Forthcoming] (Michael Helfand ed., forthcoming)
  
• Party Autonomy in Private International Law--A New Paradigm Without a Solid Foundation?, 15 Japanese Yearbook of International Law (forthcoming)
  
• The UNIDROIT Principles as Global Background Law, 19 Uniform Law Review (forthcoming)
  

Books

• Liber Amicorum Klaus Schurig (Sellier, 2012) (editor)
  

Articles and Essays

• European Class Actions and Applicable Law, in Cross-Border Class Actions: The European Way 111-141 (Arnaud Nuyts & Nikitas E. Hatzimihail eds., 2014)
  
• Non-State Law in the Hague Principles on Choice of Law in International Commercial Contracts, in Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz 43-69 (Kai Purnhagen & Peter Rott eds., 2014)
  
• On Liberalism and Legal Pluralism, in Transnational Law: Rethinking Law and Legal Thinking 122-142 (Miguel Maduro, Kaarlo Tuori & Suvi Sankari eds., 2014)
  
• Post-Critical Private International Law: From Politics to Technique. A Sketch, in Private International Law as Global Governance (Diego Fernandez Arroyo & Horatia Muir Watt eds., 2014)
  
• Private Lawyer in Disguise? On the Absence of Private Law and Private International Law in Martti Koskenniemi's Work, 27 Temple International & Comparative Law Journal 499-521 (2014)
  
• Roles and Role Perceptions in International Commerical Arbitration, in International Arbitration and Global Governance--Contending Theories and Evidence 43-73 (Walter Mattli & Thomas Dietz eds., 2014)
  
• Was ist Recht jenseits des Staates? Eine Einfhrung [What is Law Beyond the State? An Introduction], in Transnationalisierung des Rechts (Gralf-Peter Calliess ed., 2014)
  
• "One Size Can Fit All" – Some Heretical Thoughts on the Mass Production of Legal Transplants, in Order from Transfer: Comparative Constitutional Design and Legal Culture Law 56-78 (Günter Frankenberg ed., 2013)
  
• Book Review, 2012 Scholar: St. Mary's Law Review on Minority Issues 236-238 (2013) (reviewing Legal Pluralism and Development: Scholars and Practitioners in Dialogue (Brian Z. Tamanaha, Caroline Sage & Michael Woolcock eds., 2012))
  
• Dreaming Law Without a State: Scholarship on Autonomous International Arbitration as Utopian Literature, 1 London Review of International Law 35-62 (2013)
  
• Globalization and Law: Law Beyond the State, in Law and Social Theory 289-303 (Reza Banakar & Max Travers eds., 2013)
  
• Make or Buy A Public Market for Legal Transplants?, in Regulatory Competition in Contract Law and Dispute Resolution 27-42 (Horst Eidenmller ed., 2013)
  
• Why We Have No Theory of European Private Law Pluralism, in Pluralism and European Private Law 139-160 (Leone Niglia ed.,, 2013)
  
• American Law (United States), in Elgar Encyclopedia of Comparative Law 66-77 (Jan Smits, ed., 2012) (2006, 2d ed. 2012)
  
• Book Review, 10 International Journal of Constitutional Law 1179-1184 (2012) (reviewing Moritz Renner, Zwingendes transnationales Recht. Zur Struktur der Wirtschaftsverfassung jenseits des Staates [Mandatory Transnational Law. On the Structure of the Economic Constitution Beyond the State] (Nomos, 2011))
  
• Code vs. Code: Nationalist and Internationalist Images of the Code Civil in the French Resistance to a European Codification, 8 European Review of Contract Law 277-295 (2012)
  
• Die Struktur der kollisionsrechtlichen Durchsetzung einfach zwingender Normen, in Liber Amicorum Klaus Schurig 191-210 (Ralf Michaels & Dennis Solomon eds, 2012)
  
• Entries, 2012 Max Planck Encyclopedia of European Private Law (Jrgen Basedow, Klaus Hopt & Reinhard Zimmermann eds, )
  
• From Multiculturalism to Technique: Feminism, Culture and the Conflict of Laws Style, 64 Stanford Law Review 589-656 (2012) (with others)
  
• Jurisdiction and Choice of Law in International Antitrust Law - A US Perspective, in International Antitrust Litigation: Conflict of Laws and Coordination 225-244 (Jrgen Basedow, Stphanie Francq & Laurence Idot eds.,, 2012) (with Hannah L. Buxbaum)
  
• Legal Medievalism in Lex Mercatoria Scholarship, 90 Texas Law Review 259-268 (2012) (response to Emily Kaden, The Myth of the Customary Law Merchant, 90 Texas Law Review 1153 (2012))
  
• Recognition and Enforcement of Foreign Judgments, in Max Planck Encyclopedia of Public International Law 672 (Rdiger Wolfrum ed., 2012) and online at www.mpepil.com (2009)
  
• Rollen und Rollenverstndnisse im transnationalen Privatrecht, 45 Berichte der Deutschen Vereinigung fr internationales Recht 175-227 (2012)
  

Articles and Essays

• Peruta, the Home-Bound Second Amendment, and Fractal Originalism, 127 Harvard Law Review Forum 238-242 (2014)
  
• Analogies and Institutions in the First and Second Amendments: A Response to Professor Magarian, Texas Law Review 137-151 (2013)
  
• Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second, 122 Yale Law Journal 852-938 (2013)
  
• Book Review, 52 American Journal of Legal History 379-382 (2012) (reviewing Glenda Gilmore, Defying Dixie: The Radical Roots of Civil Rights, 1919-1950 (2009))
  
• Racial Cartels and the Thirteenth Amendment Enforcement Power, 100 Kentucky Law Journal 23-41 (2012)
  
• The Thirteenth Amendment and the Regulation of Custom, 112 Columbia Law Review 1811-1854 (2012)
  

Articles and Essays

• Beyond Carbon Dioxide: Capturing Air Quality Benefits with State 111(d) Plans (2014) (with Jeremy Tarr)
  
• Completing the Energy Innovation Cycle: The View from the Public Utility Commission, 65 Hastings Law Journal 1345-1392 (2014) (with Sarah K. Adair)
  
• Designing CO2 Performance Standards for a Transitioning Electricity Sector: A Multi-Benefits Framework, 44 Environmental Law Reporter 11068-11078 (2014) (with David Hoppock)
  
• New Source Review and Coal Plant Efficiency Gains: How New and Forthcoming Air Regulations Affect Outcomes, 70 Energy Policy 183 (2014) (with others)
  
• A Triple Bottom Line for Electric Utility Regulation: Aligning State-Level Energy, Environmental, and Consumer Protection Goals, 38 Columbia Journal of Environmental Law 1 (2013) (with Sarah K. Adair)
  
• Energy Efficiency and Greenhouse Gas Limits for Existing Power Plants: Learning from EPA Precedent (2013)
  
• Design Issues for Linking Carbon Markets, in Designing Integration: The System of Climate Change Governance in North America (Neil Crank, Isabel Studer, & Debora Van Nijnatten, eds., 2013) (with others)
  
• Regulating CO2 Under Section 111(d): Options, Limits, and Impacts (2013) (with others)
  
• The State Role in Technology Innovation-- Deploying Low-Carbon Coal Technologies Series (2013) (with others)
  

Newspaper Articles and Commentary

• Opportunities Exist for Progress, National Journal (January 09, 2013)
  

• Terror and Integrity: Preventive Detention in the Age of Jihad (Oxford University Press, forthcoming)
  

Articles and Essays

• Don't I Know You?: The Effect of Prior Acquaintance/Familiarity on Witness Identification, 36 Champion 52-56 (2012) (with others)
  
• Brief of Amici Curiae, Neil Vidmar et al., Connecticut v. Guilbert, 306 (No. 17948) (2012) (with others)
  

Articles and Essays

• Sustainable Production of Swine: Putting Lipstick on a Pig?, 37 Vermont Law Review 1079-1141 (2013)
  
• Growing Your Local Food Business in North Carolina: A Guide to Laws and Regulations (2012)
  

Newspaper Articles and Commentary

• Wrongly Shrouding Swine in Secrecy, Raleigh News & Observer (May 24, 2014) (with Ryke Longest)
  
• Fracking: the Role of Eminent Domain, News & Observer (June 07, 2012)
  

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

Books

• The President as Commander in Chief: An Essay in Constitutional Vision (Carolina Academic Press, 2014)
  
• Legal Affinities: Explorations in the Legal Form of Thought (Carolina Academic Press, 2013) (editor with others)
  

Articles and Essays

• Slow Reading and Living Speech: James Boyd White on What a Constitutional Law Opinion is For, in Living in a Law Transformed: Encounters with the Works of James Boyd White ch. 5 (Julen Etxabe & Gary Watt eds., 2014)
  
• The Humanity of Law, in Legal Affinities: Explorations in the Legal Form of Thought 101-120 (Patrick McKinley Brenann, H. Jefferson Powell & Jack Sammons eds, 2013)
  
• William Rawle and Secession: Legal Rights and Political Wrongs, in Union and States' Rights: A History and Interpretation of Interposition, Nullification, and Secession 150 Years After Sumter 111-126 (Neil H. Cogan ed., 2013)
  
• A Dialogue Between a Theologian and a Lawyer, 75 Law & Contemporary Problems 221-231 (No. 4, 2012) (with Stanley Hauerwas)
  

Books

• Biglaw: How to Survive the First Two Years of Practice in a Mega-Firm, or, The Art of Doc Review (Carolina Academic Press, 2013)
  

• After Nature: Living in the Anthropocene (Harvard University Press, forthcoming)
  
• Property and the Constitution, in Oxford Handbook of US Constitutional Law (Mark Graber, Mark Tushnet, & Sandy Levinson, eds., forthcoming)
  

Issues Edited

• Law and Neoliberalism, 77 Law & Contemporary Problems (No. 4 2014) (Special Editor with David Singh Grewal)
  

Articles and Essays

• 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)
  
• Black-Robed Reactionaries: Has the Supreme Court Been Bad for the American Republic?, Sept/Oct/Nov BookForum (2014) (reviewing Erwin Chemerinsky, The Case Against the Supreme Court (2014))
  
• To Have and Have Not, Los Angeles Review of Books (2014) (reviewing Thomas Piketty, Capital in the Twenty-First Century (2014))
  
• Our Place in the World: A New Relationship for Environmental Ethics and Law, 62 Duke Law Journal 857-932 (2013) (selected for excerpting and republication by the Environmental Law Institute, 2014)
  
• Some Pluralism About Pluralism: A Comment on Hanoch Dagan's "Pluralism and Perfectionism in Private Law", 113 Columbia Law Review Sidebar 9-19 (2013)
  
• American Natures: The Shape of Conflict in Environmental Law, 36 Harvard Environmental Law Review 169-228 (2012)
  
• The Liberty of Free Riders: The Minimum Coverage Provision, Mill's 'Harm Principle,' and American Social Morality, 38 American Journal of Law & Medicine 374-396 (2012) (with Neil Siegel)
  

Newspaper Articles and Commentary

• When Diversity Fails the Poor, Daily Beast (September 28, 2014)
  
• Killing It, Los Angeles Review of Books Quarterly (September 07, 2014)
  
• Why Some are More Equal Than Others, Daily Beast (September 02, 2014)
  
• God Save Us From This Court, Daily Beast (July 22, 2014)
  
• On Obama, Occupy, and Moral Monday, Daily Beast (July 05, 2014)
  
• Time Bomb, Politico Magazine (July 03, 2014)
  
• How to Fix Inequality After Piketty, Daily Beast (June 08, 2014)
  
• Why Pollution is a Violent Crime, Daily Beast (May 08, 2014)
  
• Time for Greens to Get Radical, Daily Beast (April 26, 2014)
  
• We Need More Class Traitors, Daily Beast (April 20, 2014)
  
• How 'Thrones' Explains DC Politics, Daily Beast (April 08, 2014)
  
• What We Need to Fix Climate Change, Daily Beast (April 06, 2014)
  
• The Accidental Neoliberal, N+1 (January 01, 2014)
  
• How the Ag-Gag Bill Would Make Criminals Out of Do-Gooders, Newsobserver.com (May 28, 2013)
  
• Open the Slaughterhouses, New York Times (April 09, 2013)
  
• A Terrible Beauty, Avidly (February 15, 2013)
  
• Whiteness in the Age of Obama, Huffington Post (November 26, 2012)
  
• How to be American Here in the Future, Huffington Post (November 09, 2012)
  

Articles and Essays

• Competing with the "Patent Court": A Newly Robust Ecosystem, 13 Chicago-Kent Journal of Intellectual Property 386-393 (2014)
  
• Diagnostic Patents at the Supreme Court, 18 Marquette Intellectual Property Law Review 1-9 (2014)
  
• U.S. Executive Branch Patent Policy, Global and Domestic, in Patent Law in Global Perspective 85-96 (Ruth L. Okediji & Margo A. Bagley eds., 2014)
  
• Use Patents Can Be Useful: The Case of Rescued Drugs, 6 Science Translational Medicine 248fs30 (August 2014) (with Grant Rice)
  
• Biomedical Patents at the Supreme Court: A Path Forward, 66 Stanford Law Review Online 111-117 (2013)
  
• Improving (Software) Patent Quality Through the Administrative Process, 51 Houston Law Review 503-543 (2013)
  
• The Nagoya Protocol and Synthetic Biology Research: A Look at the Potential Impacts (2013) (with Margo A. Bagley)
  
• Accountability in Patenting of Federally Funded Research, 30 Nature Biotechnology 953-956 (2012) (with Bhaven N. Sampat)
  
• Patent Validity Across the Executive Branch: Ex Ante Foundations for Policy Development, 61 Duke Law Journal 1237-1281 (2012)
  
• Rand Patents and Exclusion Orders: Submission of 19 Economics and Law Professors to the International Trade Commission (2012) (with others)
  
• Use Patents, Carve-Outs, and Incentives--A Battle in the Drug-Patent Wars, 367 New England Journal of Medicine 491-493 (2012)
  
• Valuing Health Care: Improving Productivity and Quality (2012) (as part of the Kauffman Task Force on Cost Effective Health Care Innovation)
  

Newspaper Articles and Commentary

• Use Patents Can Be Useful: The Case of Rescued Drugs (August 07, 2014) (with Grant Rice)
  
• Patentable Subject Matter at the Supreme Court: An Exceptional Case?, SCOTUSblog (February 04, 2013)
  
• Moving Beyond "Isolated" Gene Patents, 341 Science (January 01, 2013) (with Robert Cook-Deegan)
  

• Compliance of Canada's Utility Doctrine with International Minimum Standards of Patent Protection, Proceedings of the 108th Annual Meeting of the American Society of International Law (forthcoming)
  

Books

• Intellectual Property Rights: Legal and Economic Challenges for Development (Oxford University Press, 2014) (editor with others)
  

Articles and Essays

• Declaration on Patent Protection--Regulatory Sovereignty Under TRIPS (2014) (with others)
  
• When Copyright Law and Science Collide: Empowering Digitally Integrated Research Methods on a Global Scale, 96 Minnesota Law Review 1362-1480 (2012) (with Ruth L. Okediji)
  

• Reforming the Politics of Animal Research, Journal of Medical Ethics (forthcoming) (with Lisa Levin)
  

Articles and Essays

• Recovery of "Intrinsic Value" Damages in Case of Negligently Killed Pet Dog, 17 North Carolina State Bar Journal 14-16 (Winter 2013) (with Calley Gerber)
  
• Can Wrongful Death Damages Recovered by a Married Person Be Separate Property Under California Law?, 39 Pepperdine Law Review 865-918 (2012)
  

• Hidden Costs? Malpractice Allegations and Defensive Medicine Among Cardiac Surgeons (January 20, 2012) (with Marco Huesch)
  
• Mental Health Care Consumption and Outcomes: Considering Preventative Strategies Across Race and Class (January 20, 2012) (with others)
  

Articles and Essays

• The Challenge of Co-Religionist Commerce, 64 Duke Law Journal 769-822 (2015) (with Michael A. Helfland)
  
• Elhauge on Tying: Vindicated by History, 49 Tulsa Law Review 689-711 (2014) (with Steven W. Usselman)
  
• Assessing Competency for Concealed-Weapons Permitts--The Physician's Role, 2013 New England Journal of Medicine 2251-2253 (with others)
  
• Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels, 39 Pepperdine Law Review 1347-1370 (2013)
  
• Contracts and Cartels: Reconciling Competition and Development Policy, in Competition Law and Development 155-166 (D. Daniel Sokol et al. eds., 2013)
  
• Organizational Innovation in the Health Sector: Cost and Quality Solutions for Health Policy, 1 Health Management, Policy and Innovation 36-44 (2013) (with others)
  
• Valuing Health Care: Improving Productivity and Quality (2012) (as part of the Kauffman Task Force on Cost Effective Health Care Innovation)
  
• Concentration in Health Care Markets: Chronic Problems and Better Solutions,, 2012
  
• Norms and Law: Putting the Horse Before the Cart, 62 Duke Law Journal 739-766 (2012)
  
• Overbilling and Informed Financial Consent--A Contractual Solution, 367 New England Journal of Medicine 396-397 (2012) (with others)
  
• When Money Grew on Trees: The Untold Story of Lucy v. Zehmer, 61 Duke Law Journal 1511-1562 (2012) (with Dennis Schmelzer)
  

Books

• Constitutional Theory: Arguments and Perspectives (LexisNexis, 4th ed. 2013) (with others)
  
• Federal Courts in the Twenty-First Century (LexisNexis, 4th ed. 2013) (with others)
  
• Civil Procedure (Foundation Press, 3d. ed. 2012) (with 2012 & 2013 Supplements) (with others)
  

Articles and Essays

• Exhuming the “Diversity Explanation” of the Eleventh Amendment, 65 Alabama Law Review 457-471 (2013)
  
• The Teaching of Procedure Across Common Law Systems: The United States, 51 Osgoode Hall Law Journal 1-12 (2013)
  
• The Twelve-Person Federal Civil Jury in Exile, 46 University of Michigan Journal of Law Reform 691-695 (2013)
  

Newspaper Articles and Commentary

• Genesis Healthcare Corp. v. Symczyk: Losing Small Sure Beats Losing Big, Justice Watch (April 19, 2013)
  

• Originalism as a Theory of Legal Change, Harvard Journal of Law and Public Policy (forthcoming)
  
• The Forum Selection Defense, 10 Duke Journal of Constitutional Law & Public Policy (forthcoming)
  

• Alternative Theories of the Crime (January 01, 2012)
  
• Arms and Agents of the State (January 01, 2012)
  
• The Feigned Issue in the Federal System (January 01, 2012)
  

Articles and Essays

• Five Questions After Atlantic Marine, 66 Hastings Law Journal (2015)
  
• Full Faith and Credit Clause, in The Heritage Guide to the Constitution 345 (2014) (with Erin O' Hara O'Connor)
  
• How Congress Should Fix Personal Jurisdiction, 108 Northwestern University Law Review 1301-1354 (2014)
  
• The "Constitution in Exile" as a Problem for Legal Theory, 89 Notre Dame Law Review 2253-2298 (2014)
  
• Brief of Professor Stephen E. Sachs as Amicus Curiae in Support of Neither Party (No.12-929) (2013) (with others)
  
• Conflict Resolution at a Medieval English Fair, in Eine Grenze in Bewegung:öffentliche Konfliktlösung im Handels- und Seerecht (Albrecht Cordes & Serge Dauchy eds., 2013)
  
• The "Unwritten Constitution" and Unwritten Law, 2013 University of Illinois Law Review 1797-1846
  
• Constitutional Backdrops, 80 George Washington Law Review 1813-1888 (2012)
  
• The Uneasy Case for the Affordable Care Act, 75 Law and Contemporary Problems 17-27 (2012) (No. 3, 2012)
  

Newspaper Articles and Commentary

• Saving Originalism's Soul, Library of Law and Liberty (December 17, 2014)
  
• 'Calvinball' with the US Constitution, San Francisco Daily Journal (November 18, 2014, at 7)
  
• Post-Decision SCOTUScast, Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, Federalist Society (February 03, 2014)
  
• Post-Argument SCOTUScast, Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, Federalist Society (November 12, 2013)
  
• Professor Stephen Sachs and Atlantaic Marine v. U.S. District Court, Volokh Conspiracy (October 11, 2013)
  
• The Case for "Constitutional Backdrops" (January 01, 2012)
  

• International Enviornmental Law & Policy (forthcoming) (with others)
  
• Endangered Species Protection in a Changing Climate, in Adapting to Climate Change (Carl Bauer & Lance Gunderson eds.,, forthcoming) (with others) (with Camille Parmesan)
  

• Exit Strategies for the Administrative State (August 18, 2014) (with J.B. Ruhl)
  

Books

• The Practice and Policy of Environmental Law (Foundation Press, 2014) (2008, 2d ed. 2010, 3d ed. 2014) (with others)
  
• Concepts and Insights in Environmental Law and Policy (Foundation Press, 2013) (2003, 2d ed. 2007, 3d ed. 2010, 4th ed. 2013) (with Barton Thompson, Jr.)
  
• Drinking Water: A History (Overlook Press, 2012) (paperback edition 2013)
  

Articles and Essays

• The Most Important Current Research Questions in Urban Ecosystem Services, Duke Environmental Law & Policy Forum 1-47 (2014) (with others)
  
• The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy, 108 Northwestern Law Review 401-474 (2014) (with Mark Wu)
  
• Turning the World Upside Down: How Frames of Reference Shape Environmental Law, 44 Environmental Law 565-573 (2014) (with Martin Doyle)
  
• Teaching Policy Instrument Choice in Environmental Law: The Five P's, 23 Duke Environmental Law & Policy Forum 363-376 (2013)
  
• Climate Change Meets the Law of the Horse, 62 Duke Law Journal 975-1027 (2012) (with J.B. Ruhl)
  
• The Organization for Economic Cooperation and Development's Role in International Law, 43 George Washington International Law Review 255 (2012)
  

Newspaper Articles and Commentary

• Our Water System Withstood Hurricane Sandy, but the Threats Aren't Over, Washington Post (November 09, 2012, at B03)
  

• Ending the Sweetheart Deal Between Big-Time College Sports and the Tax System (March 17, 2014)
  

Articles and Essays

• Rethinking the Penalty for the Failure to File Gift Tax Returns, 141 Tax Notes 757-761 (2013) (with others)
  

Books

• Environmental Regulation: Law, Science, and Policy (Aspen Publishers, 7th 2013) (Annual Supplements 1998-2002 & Statutory and Case Supplement with Internet Guide 2011-2014) (with others)
  

Newspaper Articles and Commentary

• Why the Justice Department May be Right, Huffington Post (May 17, 2013)
  

• Regulating Financial Systems: The Crisis of 2007-2009 and Beyond (Oxford University Press, forthcoming) (with Ken Anderson)
  
• Banking and Financial Regulation, in Oxford Handbook of Law and Economics (Francesco Parisi, forthcoming)
  
• Derivatives and Collateral: Balancing Remedies and Systemic Risk, University of Illinois Law Review (forthcoming)
  
• Intrinsic Imbalance: The Impact of Income Disparity on Financial Regulation, 78 Law & Contemporary Problems (forthcoming)
  

• Excessive Corporate Risk-Taking and the Decline of Personal Blame (February 25, 2015)
  
• Regulating Financial Change: A Functional Approach (February 05, 2015)
  
• Special - Purpose Entities in National Finance (May 02, 2013)
  

Articles and Essays

• Comments on the September 29, 2014 FSB Consultative Document, �?Cross-Border Recognition of Resolution Action’, CIGI Papers No. 51 (December 2014) (with others)
  
• Bypassing Congress on Federal Debt: Executive Branch Options to Avoid Default, 31 Yale Journal on Regulation 269-302 (2014)
  
• Regulating Systemic Risk in Insurance, 81 University of Chicago Law Review 1569-1640 (2014) (with Daniel Schwarcz)
  
• Rollover Risk: Ideating a U.S. Debt Default, 55 Boston College Law Review 1-37 (2014)
  
• Securitization, Structured Finance, and Covered Bonds, 39 Journal of Corporation Law 130-154 (2014)
  
• The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis, 71 Washington & Lee Law Review 1715-1755 (2014) (with Ori Sharon)
  
• The Governance Structure of Shadow Banking: Rethinking Assumptions About Limited Liability, 90 Notre Dame Law Review 1-30 (2014)
  
• Framing Address: A Framework for Analyzing Financial Market Transformations, 36 Seattle University Law Review 299-319 (2013)
  
• Lawyers in the Shadows: The Transactional Lawyer in a World of Shadow Banking, 63 American University Law 157-172 (2013) (expanded version of Keynote Address at Symposium:Transactional Lawyering: Theory, Practice & Pedagogy, American University Washington College of Law, April 5, 2013)
  
• Regulating Ex Post: How Law Can Address the Inevitability of Financial Failure, 92 Texas Law Review 75-131 (2013) (with Iman Anabtawi)
  
• Regulating Shadows: Financial Regulation and Responsibility Failure, 70 Washington & Lee Law Review 1781-1825 (2013)
  
• Ring-Fencing, 87 Southern California Law Review 69-109 (2013)
  
• Securitization and Structured Finance, in Handbook of Key Global Financial Markets, Institutions, and Infrastructure 565-573 (Gerard Caprio ed., 2013)
  
• Securitization and Structured Finance, in Handbook of Key Global Financial Markets, Institutions, and Infrastructure 565-573 (Gerard Caprio ed., 2013)
  
• Shadow Banking in China and Other Developing Countries, 2013/83 Global Economic Governance Programme Working Paper (2013)
  
• Shadow Banking, Financial Markets, and the Real Estate Sector, 32 Review of Banking & Financial Law 179-192 (2013)
  
• Controlling Financial Chaos: The Power and Limits of Law, 2012 Wisconsin Law Review 815-840
  
• Direct and Indirect U.S. Government Debt, in Is U.S. Government Debt Different? 245-254 (Franklin Allen et al. eds., 2012)
  
• In-House Counsel's Role in the Structuring of Mortgage-Backed Securities, 2012 Wisconsin Law Review 521-547 (with others)
  
• Marginalizing Risk, 89 Washington University Law Review 487-518 (2012)
  
• Regulating Shadow Banking, 31 Review of Banking & Financial Law 619-642 (2012)
  
• Sovereign Debt Restructuring Options: An Analytical Comparison, 2 Harvard Business Law Review 95-121 (2012)
  
• The 2011 Diane Sanger Memorial Lecture: Protecting Investors in Securitization Transactions: Does Dodd-Frank Help, or Hurt?, 72 Louisiana Law Review 591-603 (2012)
  
• The Custom-to-Failure Cycle, 62 Duke Law Journal 767-795 (2012) (with Lucy Chang)
  
• The Roberta Mitchell Lecture: Structuring Responsibility in Securitization Transactions, 40 Capital University Law Review 803-819 (2012)
  
• The Use and Abuse of Special-Purpose Entities in Public Finance, 97 Minnesota Law Review 369-406 (2012)
  
• What is Securitization? And for What Purpose?, 85 Southern California Law Review 1283-1299 (2012)
  

Newspaper Articles and Commentary

• Understanding the Dangers of a Debt Default, Constitution Daily (October 05, 2013)
  

• After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession, Supreme Court Review (forthcoming) (with Curtis Bradley)
  
• Compelling Interests and Contraception, 47 Connecticut Law Review (forthcoming) (with Reva B. Siegel)
  
• Griswold at 50: Contraception as a Sex Equality Right, 124 Yale Law Journal Forum (forthcoming) (with Reva B. Siegel)
  
• Constructed Constraint and the Constitutional Text, 64 Duke Law Journal (forthcoming) (with Curtis A. Bradley)
  

• Taxing Versus Spending in NFIB and Beyond: Collective Action, Coercion, and Strategic Bundling (February 04, 2015) (with Robert D. Cooter)
  
• Madison's Reasoning (January 01, 2014)
  

Issues Edited

• The Constitutionality of the Affordable Care Act: Ideas From the Academy, 75 Law & Contemporary Problems (No. 3, 2012)
  

Articles and Essays

• Federalism as a Way Station: Windsor as Exemplar of Doctrine in Motion, 6 Journal of Legal Analysis 87-150 (2014)
  
• None of the Law But One, 62 Drake Law Review 1055 (2014) (Constitutional Law Symposium on “The Obamacare Case and Its Significance for the 50th Anniversary of LBJ’s Great Society”)
  
• Collective Action Federalism and Its Discontents, 92 Texas Law Review 1937-1968 (2013)
  
• Equality Arguments for Abortion Rights, 60 UCLA Law Review Discourse 160-170 (2013) (with Reva B. Siegel)
  
• Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System, 111 Michigan Law Review 931-953 (2013) (reviewing Jack M. Balkin, Living Originalism (2011))
  
• More Law than Politics: The Chief, the "Mandate," Legality, and Statesmanship, in The Health Care Case:The Supreme Court's Decision and Its Implications 192-214 (Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison eds, 2013)
  
• The New Textualism, Progressive Constitutionalism, and Abortion Rights: A Reply to Jeffrey Rosen, 25 Yale Journal of Law & the Humanities 55-67 (2013)
  
• "Early-Bird Special" Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision, 121 Yale Law Journal Online 389-411 (2012) (with Michael C. Dorf)
  
• Distinguishing the 'Truly National' from the 'Truly Local': Customary Allocation, Commercial Activity, and Collective Action, 62 Duke Law Journal 797-828 (2012)
  
• Foreword: The Constitutionality of the Affordable Care Act: Ideas from the Academy, 75 Law and Contemporary Problems i-vi (2012)
  
• Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision, 75 Law and Contemporary Problems 29-72 (2012) (No. 3, 2012)
  
• Not the Power to Destroy: An Effects Theory of the Tax Power, 98 Virginia Law Review 1195-1253 (2012) (with Robert D. Cooter)
  
• The Liberty of Free Riders: The Minimum Coverage Provision, Mill's 'Harm Principle,' and American Social Morality, 38 American Journal of Law & Medicine 374-396 (2012) (with Jedediah Purdy)
  

Newspaper Articles and Commentary

• Does CNN Deserve to be Reelected?, Huffington Post (November 08, 2012)
  
• Romney, Women, and the Supreme Court, Huffington Post (November 05, 2012)
  

• Why the State Cannot "Abolish Marriage": A Partial Defense of Legal Marriage Based on the Structure of Intimate Duties, 90 Indiana Law Review (forthcoming)
  

Articles and Essays

• Missing McVeigh, 112 Michigan Law Review 1091-1110 (2014) (reviewing Jody Lynee Madeira, Killing McVeigh: The Death Penalty and the Myth of Closure (2012))
  
• The National Security State: The End of Separation of Powers, Monthly Review 136-159 (2014) (July-August 2014)
  

• The 'Competition of the Market': 'Enter the Elephant' (A Restatement of a Most Perplexing First Amendment Conundrum) (May 19, 2014) (May 19, 2014)
  

Articles and Essays

• Comments on Standards of Judicial Review, 56 Revista Juridica de la Universidad de Puerto Rico 757-763 (2014)
  

• Do Racial Disparities Exist During Pretrial Decisionmaking? Evidence from North Carolina (July 22, 2014) (with others)
  

Articles and Essays

• Brief of Amici Curiae Professors of Law In Support of Petitioner Warger v. Schauers, No. 13-517 (U.S. June 2014)
  
• An Exploration of "Noneconomic" Damages in Civil Jury Awards, William & Mary Law Review 971-1027 (2014) (with others)
  
• Media Impact on Trial by Jury, in Media Coverage in Criminal Justice Cases: What Prosecutors and Defenders Can and Cannot Say 197-242 (Andrew E. Taslitz ed., 2013)
  
• Brief of Professors of Law as Amici Curiae in Support of Appellants, Watts v. Cox Medical Centers, 276 S.W.3d 633 (Mo. 2012) (No. SC 91867)
  
• Don't I Know You?: The Effect of Prior Acquaintance/Familiarity on Witness Identification, 36 Champion 52-56 (2012) (with others)
  
• Brief of Amici Curiae, Neil Vidmar et al. , Connecticut v. Guilbert, 306 Conn. 218 (2012) (No. 17948)
  
• The North Carolina Racial Justice Act: An Essay on Substantive and Procedural Fairness in Death Penalty Litigation, 97 Iowa Law Review 1969-1983 (2012)
  

Newspaper Articles and Commentary

• The Anti-Tesla Campaign: Where is that Old-Tyme Free Market Fervor, Huffington Post (June 05, 2013)
  

• Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, forthcoming) (editor with Edward Balleisen, Lori Bennear & Kim Krawiec)
  
• New Approaches to International Regulatory Cooperation, 78 Law & Contemporary Problems (No. 4 forthcoming) (editor, with Richard Stewart, Neysun Mahboubi & Reeve Bull)
  
• Improving International Regulatory Cooperation: TTIP as a Step Toward a Global Policy Laboratory, 78 Law & Contemporary Problems (forthcoming) (with Alberto Alemanno)
  
• Precaution and Climate Change, in Oxford Handbook of International Climate Change Law (Cinnamon Carlarne et al. eds., forthcoming)
  
• Impact Assessment: Diffusion and Integration, in Comparative Law and Regulation (Francis Bignami & David Zaring, eds., forthcoming) (with Daniel Lima Ribeiro)
  

Articles and Essays

• International Cooperation: Agreements and Institutions, in Climate Change 2014: Mitigation (Ottmar Edenhofer et al., eds., 2014)  (Intergovernmental Panel on Climate Change (IPCC), 5th Assessment Report (AR5), Working Group III) | Publisher's website | (with others)
  
• Intellectual Property and Alternatives: Strategies for Green Innovation, in Intellectual Property Rights: Legal and Economic Challenges for Development 356-391 (Mario Cimoli et al. eds., 2014) (with others)
  
• Responding to Agency Avoidance of OIRA, 37 Harvard Journal of Law & Public Policy 447-521 (2014) (with Nina Mendelson)
  
• Using and Improving the Social Cost of Carbon, 346 Science 1189-1190 (5 December 2014) (with others)
  
• Better Ways to Study Regulatory Elephants, European Journal of Risk Regulation 311-319 (2013)
  
• The Diffusion of Regulatory Oversight, in Globalization of Cost-Benefit Analysis in Environmental Policy 123-141 (Michael A. Livermore & Richard L. Revesz eds., 2013)
  
• The Politics of Precaution, and the Reality, 7 Regulation and Governance 258-265 (2013)
  
• Book Review, 15 Journal of Risk Research 448-451 (2012) (reviewing Uncertain Risks Regulated (Michelle Everson & Ellen Vos eds., 2009) and Joakim Zander, The Application of the Precautionary Principle in Practice (2010))
  

• Constitutionalism Outside the Courts, in Oxford Handbook on the U.S. Constitution (Mark Graber, Sanford Levinson, & Mark Tushnet, eds., forthcoming)
  
• The European Union: A Comparative Perspective, in Oxford Principles of EU Law (Takis Tridimas & Robert Schutze, eds., forthcoming)
  
• Is There a Federal Definitions Power?, 64 Case Western Reserve University Law Review (forthcoming)
  

• Universal Jurisdiction, the Alien Tort Statute, and Transnational Public Law Litigation after Kiobel (March 14, 2014)
  

Books

• The Supreme Court and the Constitutional Structure (West Publishing, 2012)
  

Articles and Essays

• Brief of Common Law Scholars as Amici Curiae in Support of Respondents, Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435 (U.S., Sept 2014)
  
• Brief of Financial Economists as Amici Curiae in Support of Respondents, Halliburton, Inc., v. Erica John Fund, Inc., No. 13-317 (U.S., February 2014)
  
• Brief of Public Law Scholars as Amici Curiae in Support of Petitioner,  Hernandez v. Stephens, No. 13-8004 (U.S., January 2014)
  
• Exit, Voice, and Loyalty as Federalism Strategies: Lessons from the Same-Sex Marriage Debate, 85 University of Colorado Law Review 1133-1154 (2014)
  
• The Puzzling Persistence of Dual Federalism, in Federalism and Subsidiarity 34-82 (James E. Fleming & Jacob T. Levy eds., 2014)
  
• Brief of Federalism Scholars as Amici Curiae in Support of Respondent Windsor, , U.S. v. Windsor, No. 12-307 (U.S., March 2013)
  
• A General Defense of Erie Railroad Co. v. Tompkins, 10 Journal of Law, Economics & Policy 17-123 (2013)
  
• A Research Agenda for Uncooperative Federalists, 48 Tulsa Law Review 427-453 (2013)
  
• Federalism, Liberty, and Equality in United States v. Windsor, 2012 Cato Supreme Court Review 2012-2013 (2013) (with Erin C. Blondel)
  
• How Customary is Customary International Law?, 54 William and Mary Law Review 885-920 (2013) (with Emily Kadens)
  
• In Praise of Judge Fletcher--And of General Standing Principles, 65 Alabama Law Review 473-499 (2013)
  
• United States v. Windsor And The Role Of State Law In Defining Rights Claims, 99 Virginia Law Review Online 39-47 (2013)
  
• 'The Ordinary Diet of the Law': The Presumption Against Preemption in the Roberts Court, 2011 Supreme Court Review 253-344 (2012)
  
• Its Hour Come Round at Last?: State Sovereign Immunity and the Great State Debt Crisis of the Early Twenty-First Century, 35 Harvard Journal of Law & Public Policy 593-622 (2012)
  
• Popular Constitutionalism and the Underenforcement Problem: The Case of the National Healthcare Law, 75 Law and Contemporary Problems 157-201 (2012)
  
• Sorrell v. IMS Healthand the End of the Constitutional Double Standard, 36 Vermont Law Review 903-930 (2012)
  
• The Constitutional Law of State Debt, 7 Duke Journal of Constitutional Law & Public Policy 117-159 (2012) (with Emily D. Johnson)
  

Newspaper Articles and Commentary

• Justice and Politics for All: An Authority on Constitutional Law Passes Judgment on Recent Supreme Court Cases,, Dartmouth Alumni Magazine (November 01, 2012)
  

• Up in the Air Over Taxing Frequent Flyer Benefits: The American, Canadian, and Australian Experiences, Capital Markets Law Journal (forthcoming)
  

Books

• Learning to Love Form 1040: Two Cheers for the Return-Based Mass Income Tax (University of Chicago Press, 2013)
  
• Federal Income Taxation: A Law Student's Guide to the Leading Cases and Concepts (Concepts and Insights Series) (Foundation Press, 12th ed. 2012) (with Marvin A. Chirelstein)
  

Articles and Essays

• Maybe Just a Little Bit Special, After All?, 63 Duke Law Journal 1897-1920 (2014)
  
• Tearing Out the Income Tax by the (Grass)Roots, 15 Florida Tax Review 649-673 (2014) (reviewing Isaac William Martin, Rich People’s Movements: Grassroots Campaigns to Untax the One Percent (2013))
  
• The Almost-Restatement of Income Tax of 1954: When Tax Giants Roamed the Earth, 79 Brooklyn Law Review 709-732 (2014)
  
• Will the Federal Income Tax Have a Bicentennial?, 41 Florida State University Law Review 275-290 (2014)
  
• The Federal Income Tax in Situation Comedies, Proceedings 104th Annual Conference on Taxation 7-12 (2013)
  
• Choosing Between Tax and Nontax Delivery Mechanisms for Health Insurance Subsidies, 65 Tax Law Review 723-747 (2012)
  
• Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke Law Journal 829-855 (2012)
  
• The Great American Tax Novel, 110 Michigan Law Review 969-984 (2012) (reviewing David Foster Wallace, The Pale King (2011))
  

Newspaper Articles and Commentary

• How Congress Could Have Spared Us Tax-Day Headaches, BloombergView (May 08, 2013)
  
• U.S. Income Tax -- 100 Years Old, and Almost Never Happened, The Globe and Mail (April 11, 2013)
  
• When We Loved Form 1040, New York Times (April 01, 2013)
  

Articles and Essays

• Do Kinship Networks Strengthen Private Property? Evidence from Rural China, 11 Journal of Empirical Legal Studies 505 (2014) (with Xiaoxue Zhao)
  
• Social Hierarchies and the Formation of Customary Property Law in Pre-Industrial China and England, 62 American Journal of Comparative Law 171 (2014) (Abbreviated version reprinted in Chinese Law: Knowledge Practice, and Transformation 1530s to 1950s (Madeleine Zelin & Li Chen eds., forthcoming)
  
• The Pragmatic Court: Reinterpreting the Supreme People's Court of China, 25 Columbia Journal of Asian Law 1-61 (2012)