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Where possible, links are provided for the full text of items listed below. Preference is given to freely accessible sources, but access to some materials may be available only through institutional database licenses or on a pay-for-use basis.
The full text of scholarship produced by Duke Law faculty members can also be found in the Law School's Faculty Scholarship Repository, and in links from individual faculty members' bibliographies on the Faculty Profile pages.
Emilie K. Aguirre
Forthcoming
- The Social Benefits of Control, 74 Duke Law Journal ()
Jennifer L. Behrens
Forthcoming
- A Great American Gun Myth: Race and the Naming of the 'Saturday Night Special', 108 Minnesota Law Review Headnotes () (with Joseph Blocher)
Newspaper Articles and Commentary
- Timeline of “Terror”: Provenance of the “Blue John Gap” Autograph Manuscript, Terror of Blue John Gap Project ()
Stuart M. Benjamin
Forthcoming
- Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts, 1 Journal of Law and Empirical Analysis () (with others)
Books
- Internet and Telecommunication Regulation (Carolina Academic Press, 2019 (with James B. Speta), 2nd ed., 2023 (with Barak D. Richman & James B. Speta))
Articles & Essays
- Anti-Patents, 91 University of Chicago Law Review 239-277 () (with others)
- Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions, 49 Brigham Young University Law Review 367-463 () (with others)
Donald H. Beskind
Books
- Problems in Trial Advocacy (NITA, 2006, 2007, 2011, 2013, 2015, 2017, 2019, 2021, ) (with Anthony J. Bocchino)
Articles & Essays
- Social Cognitive Processes Explain Bias in Juror Decisions , 18 Social Cognitive and Affective Neuroscience, article nsac057, 1-11 (2023) (with others)
Joseph Blocher
Forthcoming
- The Second Amendment: Gun Rights and Regulation (Foundation Press, ) (with others)
- A Great American Gun Myth: Race and the Naming of the 'Saturday Night Special', 108 Minnesota Law Review Headnotes () (with Jennifer L. Behrens)
- Law, Markets, and the Technology of Violence: Obstacles to Gun Safety Innovation, Texas Law Review () (with Christopher Buccafusco)
- Safe Storage Laws and Self Defense From Heller to Bruen, North Carolina Law Review ()
- Originalism and Historical Fact-Finding, Georgetown Law Journal () (with Brandon L. Garrett)
Books
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Oxford University Press, ) (editor with others)
Articles & Essays
- Originalism-by-Analogy and Second Amendment Adjudication, 133 Yale Law Journal 99-174 () (with Eric Ruben)
- Firearms Law and History in a New Doctrinal Era, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 1-8 (Joseph Blocher, Jacob D. Charles, and Darrell A. H. Miller, eds., ) (with others)
- Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 131-147 () (Joseph Blocher, Jacob D. Charles, and Darrell A.H. Miller eds.) (with Caitlan Carberry)
- Fact Stripping, 73 Duke Law Journal 1-65 () (with Brandon L. Garrett)
- Firearms Law and Scholarship Beyond Bullets and Bodies, 19 Annual Review of Law and Social Science 165-177 () (with others)
- "A Map Is Not the Territory”: The Theory and Future of the Sensitive Places Doctrine, 98 New York University Law Review Online 438-452 () (with others)
- Autonomy and Disciplinarity: Can Pseudo-Professional Speakers Select Their Own Constitutional Categorization?, 103 Boston University Law Review 831-836 ()
- Does the Second Amendment Make Gun Politics Obsolete?, 55 Polity 363-370 () (with Andrew Willinger)
- Guided By History: Protecting the Public Sphere From Weapons Threats Under Bruen, 98 New York University Law Review 1795-1830 () (with Reva B. Siegel)
- Manufacturing Outliers, 2022 Supreme Court Review 49-79 () (with Darrell A.H. Miller)
Newspaper Articles and Commentary
- “Murder the Media”: Press Freedom, Violence, and the Public Sphere, Knight First Amendment Institute Blog ()
- Gun Rights and Domestic Violence in Rahimi—Whose Traditions Does the Second Amendment Protect?, Balkinization () (with Reva Siegel)
- Appraising Sandy’s Call to “Arms”: Success in the Academy … Not So Much in the Courts, Balkinization ()
- A Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?, New York Times () (with Darrell A.H. Miller)
- No, Red-Flag Gun Laws Don’t Violate Due Process Rights, Washington Post () (with Jake Charles)
James Boyle
Forthcoming
- The Line: AI and the Future of Personhood (MIT Press, )
Newspaper Articles and Commentary
- The Unperson Of 2023, Techdirt ()
- Misunderestimating Openness, Paradox of Open: Responses, Open Future ()
Rachel Brewster
Articles & Essays
- A New Global Corporate Regulatory Power?: Market Entry as the Basis for Prescriptive Jurisdiction, 2023 University of Chicago Legal Forum 59-86 ()
- Flexible Institution Building in the International Anti-Corruption Regime: Proposing a Transnational Asset Recovery Mechanism, 117 American Journal of International Law 559-600 () (with others)
Newspaper Articles and Commentary
- The Role of the FCPA in Transnational Litigation, Transnational Litigation Blog ()
Chris Buccafusco
Articles & Essays
- Antisocial Innovation, 58 Georgia Law Review 573-661 () (with Samuel N. Weinstein)
- Competition and Congestion in Trademark Law, 102 Texas Law Review 437-494 () (with others)
- Of Bass Notes and Base Rates: Avoiding Mistaken Inferences About Copying, 61 Houston Law Review 235-260 () (with Rebecca Tushnet)
- The Price of Fairness , 84 Ohio State Law Journal 389-491 () (with others)
- There's No Such Thing as Independent Creation, and It's a Good Thing, Too, 64 William & Mary Law Review 1617-1676 ()
Newspaper Articles and Commentary
- Can Neuroscience Fix Trademark Surveys?, JOTWELL () (reviewing Zhihao Zhang, Maxwell Good, Vera Kulikov, Femke van Horen, Mark Bartholomew, Andrew S. Kayser & Ming Hsu, From Scanner to Court: A Neuroscientifically Informed "Reasonable Person" Test of Trademark Infringement, 9 Science Advances 1 (2023))
- How Ed Sheeran's Serenade May Have Swayed the Jury, Law360 ()
Samuel W. Buell
Forthcoming
- The Limits of Individual Prosecutions in Deterring Corporate Fraud, 59 Wake Forest Law Review ()
Books
- Corporate Crime: An Introduction to the Law and Its Enforcement (Esplanade Press, 1st ed. 2021, 2nd ed. 2022, 3rd ed. )
Articles & Essays
- Corporate Criminal Liability, in Research Handbook on Corporate Liability 100-115 (Martin Petrin and Christian Witting eds., )
Doriane Coleman
Articles & Essays
- Case Studies in Physiology: Male To Female Transgender Swimmer in College Athletics, 134 Journal of Applied Physiology 1032-1037 () (with others)
Newspaper Articles and Commentary
- Why Biden’s New School-Sports Rule Matters, The Atlantic ()
James E. Coleman, Jr.
Newspaper Articles and Commentary
- Our Courts Are Plagued With Inequality. Judges Have a Chance to Address It., Charlotte Observer () (with Emily Coward)
James D. Cox
Articles & Essays
- Brief of Law and Business Professors as Amici Curiae in Support of Respondents , Macquarie Infrastructure Corp. v. Moab Partners, L.P., et al., No. 22-1165 (U.S. Dec. 20, 2023) (with others)
- SOX's Impact on the Quality of Financial Reporting, 78 Business Lawyer 685-704 ()
- Addendum: Recent Developments in the “Tools at Hand” Doctrine, in Research Handbook on Shareholder Inspection Rights 249-257 (Randall S. Thomas, Paolo Giudici, and Umakanth Varottil, ) (with Randall S. Thomas)
Newspaper Articles and Commentary
- Will the SEC’s Proposed Climate Disclosure Rule Come Up against Legal and Economic Challenges?, Resources () (with others)
- Will It Float?: The Legitimacy of the SEC’s Authority for Climate Risk Disclosures, CLS Blue Sky Blog ()
John M. de Figueiredo
Works in Progress
Articles & Essays
- How Do Inventors’ Political Preferences Affect Innovation?, 2023 Academy of Management Proceedings () (with others)
Elisabeth D. de Fontenay
Forthcoming
- Research Handbook on the Structure of Private Equity and Venture Capital (Edward Elgar Publishing, ) (editor with Brian Broughman)
Works in Progress
- The Value of M&A Drafting () (with others)
Articles & Essays
- Law and Courts in an Age of Debt, 171 University of Pennsylvania Law Review 2025-2057 () (with Jared A. Ellias)
- Side Letter Governance, 100 Washington University Law Review 907-994 () (with Yaron Nili)
- The Use of Debt in Corporate Finance, in Corporate Law and Economics 179-206 (Adam B. Badawi ed., )
Deborah A. DeMott
Articles & Essays
- Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, in The American Law Institute: A Centennial History 75-97 (Andrew S. Gold & Robert W. Gordon eds., )
Charles J. Dunlap, Jr.
Forthcoming
- The Law of War and 'Dual Use' Commercial Satellites, in The Nexus of Commercial and National Security Space ()
Articles & Essays
- Return to Sender?: Analyzing the 'Open Letter' on Civilian Control of the Military, 15 Harvard National Security Journal 77-118 ()
Newspaper Articles and Commentary
- Book Reviews: Airpower in the War Against ISIS, 112 Joint Force Quarterly (, at 122) (reviewing Benjamin S. Lambeth, Airpower in the War Against ISIS (2021)
Shane Ellison
Forthcoming
- The Toll Paid When Adjudicators Err: Reforming Appellate Review Standards for Refugees, Georgetown Immigration Law Journal ()
Kate Evans
Articles & Essays
- Documentation Status and Self-Rated Physical Health Among Latinx Young Adult Immigrants: the Mediating Roles of Immigration and Healthcare Stress, 10 Journal of Racial and Ethnic Health Disparities 761-774 () (with others)
Nita A. Farahany
Books
- The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology (St. Martin's Press, )
Articles & Essays
- Neurotech at Work, in The Year in Tech, 2024: The Insights You Need From Harvard Business Review ()
Newspaper Articles and Commentary
- Congress Is Right to Want to Curtail Tiktok’s Power and Influence, The Guardian ()
- Human Values in a Digital Age, 382 Science (, at 523) (reviewing Wendy H. Wong, We, the Data: Human Rights in the Digital Age (MIT Press, 2023))
- 'Cognitive Liberty' Is the Human Right We Need to Talk About, Time ()
- This Is the Battle for Your Brain at Work, Fast Company ()
- TikTok Is Part of China’s Cognitive Warfare Campaign, Guardian ()
- Provide a Résumé, Cover Letter and Access to Your Brain? The Creepy Race to Read Workers’ Minds, Los Angeles Times ()
- We Need a New Human Right to Cognitive Liberty, The Guardian () (with Zoë Corbyn)
- A Round-Up of 2022 Neurotechnology Advances, Volokh Conspiracy ()
- We Parents of Unvaccinated Children Need More Guidance, Washington Post ()
Gina-Gail S. Fletcher
Forthcoming
- The Limits of Transparency: Regulating AI in the Financial Markets, in Research Handbook of Artificial Intelligence & the Law (K. Johnson & C. Reyes eds., )
Works in Progress
- Corporatist Racial Equity () (with H. Timothy Lovelace)
- Market Distortion as a Theory of Market Manipulation ()
- Regulating Information Intermediaries ()
- Unequal Access: Black Founders and the Venture Capital Funding Gap () (with Kristin N. Johnson)
Michael D. Frakes
Works in Progress
- Deadlines Versus Continuous Incentives: Evidence From the Patent Office () (with Melissa F. Wasserman)
- Racial Concordance and the Quality of Medical Care: Evidence from the Military () (with Jonathan Gruber)
- Racial Disparities in Health Care: Geographic Causes and the Impact of Geographic Standardization in Malpractice Standard of Care Rules ()
Articles & Essays
- Public and Private Options in Practice: The Military Health System, 15 American Economic Journal: Economic Policy 37-74 () (with others)
- Investing in Ex Ante Regulation: Evidence From Pharmaceutical Patent Examination, 15 American Economic Journal: Economic Policy 151-183 () (with Melissa F. Wasserman)
Brandon L. Garrett
Forthcoming
- Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation (West Academic Publishing, 2nd ed. ) (with Lee Kovarsky)
- Originalism and Historical Fact-Finding, Georgetown Law Journal () (with Joseph Blocher)
- The Brady Database, Journal of Criminal Law and Criminology () (with others)
- The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice, Cornell Law Review () (with Cynthia Rudin)
Works in Progress
- Liberty, Safety, and Misdemeanor Bail () (with others)
Issues Edited
- Policing and Behavioral Health, 86 Law and Contemporary Problems (No. 1, ) (with others)
Articles & Essays
- Judging Firearms Evidence and the Rule 702 Amendments, 107 Judicature 40-49 () (with others)
- Fact Stripping, 73 Duke Law Journal 1-65 () (with Joseph Blocher)
- Impact of Trauma Education and Growth Mindset Messaging on Public Attitudes About the Criminal Legal System, 19 Journal of Experimental Criminology 635-661 () (with others)
- The Laws That Regulate Police: The Wilson Center's Policing Legislation Database ()
- Error Aversions and Due Process, 121 Michigan Law Review 707-751 () (with Gregory Mitchell)
- Face Value? How Jurors Evaluate Eyewitness Face Recognition Ability, 12 Journal of Applied Research in Memory and Cognition 255-269 () (with others)
- FCPA: Enforcement, in Elgar Concise Encyclopedia of Corruption Law (Mark Pieth and Tina Søreide eds., )
- Interpretable Algorithmic Forensics , 120 Proceedings of the National Academy of Sciences, article e2301842120, 1-9 (2023) (with Cynthia Rudin)
- Law, Psychology, and Wrongful Convictions, in The Oxford Handbook of Psychology and Law (David DeMatteo and Kyle C. Scherr eds., ) (with William Crozier)
- Open Prosecution, 75 Stanford Law Review 1365-1430 () (with others)
- Policing and Behavioral Health Conditions, 86 Law and Contemporary Problems i-viii () (with others)
- Sensitizing Jurors to Eyewitness Confidence Using “Reason-Based” Judicial Instructions, 12 Journal of Applied Research in Memory and Cognition 141-157 () (with others)
- Understanding Plea Bargaining in a New Progressive DA’s Office: How Line Prosecutors Understand and Implement Progressive Goals Through Plea Decisions, 50 Criminal Justice and Behavior 429-453 () (with others)
- Videotaping Interrogations in Pennsylvania: A Wilson Center for Science and Justice and Quattrone Center for the Fair Administration of Justice Report () (with others)
Crystal Grant
Articles & Essays
- Masks, Mayhem & the Future of Disability Rights in Schools, 25 New York University Journal of Legislation and Public Policy 247-305 () (with Claire Raj)
Sara Sternberg Greene
Forthcoming
- The Savings Mirage, in Law and the 100-Year Life (Abbe Gluck & Anne Alstott eds., )
Works in Progress
- Centering Fraud ()
- Justice Without Law(yers)?: Race, Class, and the Problem of Informality () (with Guy Charles)
Articles & Essays
Newspaper Articles and Commentary
- Duke Law Researchers: NC Hospitals Use Deceit to Sue Patients, Take Their Homes, Charlotte Observer () (with Barak Richman)
- Courtrooms Where No One Knows the Law, Law and Political Economy Project Blog ()
Lisa Kern Griffin
Forthcoming
- The Limits of Lie Detection: Honesty Without Accuracy in the Criminal Justice Process (Cambridge University Press, )
- False Accuracy in Criminal Trials: The Limits and Costs of Cross Examination, 102 Texas Law Review ()
Works in Progress
- Netflix Criminal Justice: Popular Culture, Procedural Violence, and the Potential for Empathy ()
Paul Grimm
Articles & Essays
- The GPTJudge: Justice in a Generative AI World, 23 Duke Law & Technology Review 1-34 () (with others)
- Is Disclosure and Certification of the Use of Generative AI Really Necessary?, 107 Judicature 69-77 () (with others)
Newspaper Articles and Commentary
- More Public Trust in Courts Needed to Fight Threats to Judges, Bloomberg Law ()
- The Judiciary Is Under Attack. Lawyers Have a Duty to Defend It, Bloomberg Law ()
- Uniform Standards Needed Now for Sexual Assault Prosecution Offices, Marine Corps Times () (with Meghan Tokash)
- Artificial Justice: The Quandary of AI in the Courtroom, Judicature International () (with others)
Ben K. Grunwald
Articles & Essays
- Racial Bias in Criminal Records, 39 Journal of Quantitative Criminology ()
Newspaper Articles and Commentary
- Data-Driven Decarceration, Inquest ()
Laurence R. Helfer
Forthcoming
- Human Rights Litigation Before Sub-Regional Courts in East and West Africa, in Oxford Handbook of Comparative Human Rights Law (Neha Jain & Mila Versteeg eds., ) (with Jo Un Eom)
- Contesting Sexual Orientation Rights Before the ECtHR, in International Sexual and Reproductive Rights Lawfare (Siri Gloppen & Malcolm Langford eds., ) (with Clare Ryan)
- State Silence in the European Human Rights System, in The Silence of States Across International Law (Danae Azaria, ed., ) (with Olivia C. Daniels)
Works in Progress
- Automating Human Rights Adjudication () (with Veronica Fifak)
- Revisiting Human Rights Treaty Withdrawals () (with Başak Çalı)
Articles & Essays
- Treaty Withdrawals in a Turbulent World: A Retrospective on Exiting Treaties, in Leading Works in International Law 67-84 (Donna Lyons, ed., )
- Flexible Institution Building in the International Anti-Corruption Regime: Proposing a Transnational Asset Recovery Mechanism, 117 American Journal of International Law 559-600 () (with others)
- The Meta Oversight Board's Human Rights Future, 44 Cardozo Law Review 2233-2300 () (with Molly K. Land)
- Increasing Compliance with International Pandemic Law: International Relations and New Global Health Agreements, 402 The Lancet 1097-1106 () (with others)
- The Marrakesh Treaty: Using the Tools of Intellectual Property Law to Advance Human Rights, in Improving Intellectual Property: A Global Project 28-37 (Susy Frankel et al. eds., )
Newspaper Articles and Commentary
- Toward Recognizing an International Human Right to Claim Innocence, Judicature International () (with others)
- The Gender of Treaty Withdrawal: Lessons From the Istanbul Convention, EJIL: Talk! () (with Başak Çali)
- Value Pluralism and Human Rights in Content Moderation, Lawfare () (with Molly K. Land)
- Russia and the European Human Rights System: Doing the Right Thing … but for the Right Legal Reason?, EJIL:Talk! () (with Kanstantsin Dzehtsiarou)
Donald L. Horowitz
Works in Progress
- Federalism, Regional Autonomy, and Ethnic Conflict: Politics and Law ()
Books
- Electoral Reform and Democracy in Malaysia (NIAS Press, ) (editor with Helen Ting M.H.)
Articles & Essays
- Afterward, in Electoral Reform and Democracy in Malaysia 271-277 (Helen Ting M.H. & Donald L. Horowitz eds., ) (with Helen Ting M.H.)
- Electoral System Reform, in Electoral Reform and Democracy in Malaysia 175-204 (Helen Ting M.H. & Donald L. Horowitz eds., )
- Introduction, in Electoral Reform and Democracy in Malaysia 1-13 (Helen Ting M.H. & Donald L. Horowitz eds., ) (with Helen Ting M.H.)
Newspaper Articles and Commentary
- Designing Constitutions for a Lasting Democracy, Judicature International () (with Elisabeth Perham)
Jayne Huckerby
Articles & Essays
- Appropriation and the Rewriting of Rights, 21 International Journal of Constitutional Law 243-265 () (with Sarah Knuckey)
Newspaper Articles and Commentary
- Appropriating Rights: Who Rewrites Rights and How?, OpenGlobalRights () (with Sarah Knuckey)
- Toward Recognizing an International Human Right to Claim Innocence, Judicature International () (with others)
Margaret H. Lemos
Newspaper Articles and Commentary
- New Ideas About How Judges Think, 106 Judicature (, at 32) (with others)
David F. Levi
Newspaper Articles and Commentary
- New Ideas About How Judges Think, 106 Judicature (, at 32) (with others)
- Losing Faith: Why Public Distrust in the Judiciary Matters — And What Judges Can Do About It, 106 Judicature (, at 70) (with others)
- Reforming the Electoral Count Act, Safeguarding the Vote, 106 Judicature (, at 16) (with others)
Marin K. Levy
Forthcoming
- Written and Unwritten: The Rules, Internal Practices, and Customs of the United States Courts of Appeals (Cambridge University Press, ) (with Jon O. Newman)
Works in Progress
- Local Rules () (with Zach Clopton)
Articles & Essays
- Judicial Management Inside the Courts, 43 The Review of Litigation 27-42 ()
Newspaper Articles and Commentary
- The Business of the Supreme Court Law Clerks, JOTWELL () (reviewing Tracy E. George, Albert Yoon, & Mitu Gulati, Some are More Equal Than Others: U.S. Supreme Court Clerkships, Univ. of Virginia Public Law and Legal Theory Research Paper No. 2023-10, available at SSRN (Feb. 23, 2023)
- Visiting Judges Riding Circuit and Beyond, 106 Judicature (, at 20)
- Open Road? Ford Reroutes Personal Jurisdiction, 105 Judicature (, at 76) (with others)
Ryke Longest
Newspaper Articles and Commentary
- Opinion: A Call to Forever Preserve The Point on Topsail Island, Star News Online ()
Veronica Root Martinez
Forthcoming
- Supreme Impropriety, Law and Contemporary Problems ()
Books
- Securities Litigation, Enforcement, and Compliance: Cases and Materials (West Academic Publishing, 5th ed. ) (with others)
Articles & Essays
- Reframing the DEI Case, 46 Seattle University Law Review 399-419 ()
- #MeToo & the Courts: The Impact of Social Movements on Federal Judicial Decisionmaking, 81 Washington & Lee Law Review Online 79-112 () (with others)
- Public Reporting of Monitorship Outcomes, 136 Harvard Law Review 757-823 ()
Newspaper Articles and Commentary
- Do the DOJ’s Sticks and Carrots Actually Work?, Compliance & Enforcement ()
- A Better Understanding of How to Improve Demographic Diversity in Federal Appellate Law Clerk Hiring, JOTWELL () (reviewing Jeremy Fogel, Mary Hoopes, & Goodwin Liu. Law Clerk Selection and Diversity: Insights From Fifty Sitting Judges of the Federal Courts of Appeals, Harvard Law Review (forthcoimg, 2023).
Tim Meyer
Forthcoming
- Copernican Revolution or Green Protectionism?, in The Sustainability Revolution in International Trade Agreements (Kathleen Claussen & Geraldo Vidigal eds., )
- Consumption Governance: The Role of Production and Consumption in International Economic Law, Brigham Young University Law Review ()
Works in Progress
Articles & Essays
- The National Security Consequences of the Major Questions Doctrine, 122 Michigan Law Review 55-96 () (with Ganesh Sitaraman)
Newspaper Articles and Commentary
- The New U.S.-Taiwan Trade Agreement and Its Approval, Lawfare () (with Kathleen Claussen)
- How the US and EU Can Rewrite Trade Rules to Fight the Climate Crisis, Blog (Roosevelt Institute) () (Originally published in French in Le Grand Continent, and in Spanish in El Grand Continent, March 14, 2023) (with Todd N. Tucker)
- The Case for Mandating Climate-Risk Disclosure, Project Syndicate () (with others)
- The President’s (and USTR’s) Trade Agreement Authority: From Fisheries to IPEF, Lawfare () (with Kathleen Claussen)
Darrell A. H. Miller
Forthcoming
- The Second Amendment: Gun Rights and Regulation (Foundation Press, ) (with others)
- Technology, Tradition, and “The Terror of the People", Notre Dame Law Review () (with others)
- The New Outlawry, Columbia Law Review () (with Jacob Charles)
Books
- New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Oxford University Press, ) (editor with others)
Articles & Essays
- Historical Analogy and the Role Morality of Reason-Giving, 73 Duke Law Journal Online 231-248 ()
- A Meditation on the Thirteenth Amendment and Constitutional Redemption, 83 Maryland Law Review 331-345 ()
- Firearms Law and History in a New Doctrinal Era, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 1-8 () (Joseph Blocher, Jacob D. Charles, and Darrell A. H. Miller, eds., 2023) (with others)
- Prohibitions on Private Armies in Seven State Constitutions, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society 263-277 (Joseph Blocher, Jacob D. Charles, and Darrell A. H. Miller, eds., )
- Firearms Law and Scholarship Beyond Bullets and Bodies, 19 Annual Review of Law and Social Science 165-177 () (with others)
- "A Map Is Not the Territory”: The Theory and Future of the Sensitive Places Doctrine, 98 New York University Law Review Online 438-452 () (with others)
- Common Good Gun Rights, 46 Harvard Journal of Law & Public Policy 1029-1053 () (Reviewing Adrian Vermeule, Common Good Constitutionalism (2022))
- Manufacturing Outliers, 2022 Supreme Court Review 49-79 () (with Joseph Blocher)
Newspaper Articles and Commentary
- Bruen and Constitutional Gnosticism, Balkinization ()
- Facts Still Matter, Even Before This Supreme Court, Newsweek () (with others)
- State Gun Regulations Are a Messy Patchwork. The Supreme Court’s Bruen Decision Won’t Help, The Hill () (with others)
- A Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?, New York Times () (with Joseph Blocher)
- The Next Front in the Fight Over Guns, Washington Post ()
Michael Murphy
Works in Progress
- Benefit LLCs: The Little Entities That Could? ()
Articles & Essays
- How Working With Entrepreneurs Makes Law Students Into Happier, Healthier Lawyers, in Contemporary Challenges in Clinical Legal Education: Role, Function and Future Directions 165-184 (Matthew Atkinson & Ben Livings eds., )
Michelle Benedict Nowlin
Articles & Essays
- Transdisciplinary Doctoral Training to Address Global Sustainability Challenges , 3 PLOS Sustain Transform, article e0000091, 1-5 (2024) (with others)
- Enhanced U.S.-Canadian Collaboration on Marine Migratory Species, 53 Environmental Law Reporter 10911-10920 () (with others)
- Transboundary Marine Species at Risk & Their Recovery in a Changing Climate: Workshop Report () (with others)
Shu-yi Oei
Books
- Federal Income Taxation (Aspen Publishing, 6th ed. ) (with others)
Ashlee Paxton-Turner
Works in Progress
Articles & Essays
- Keeping Our Republic, 74 South Carolina Law Review 147-178 ()
Jonathan Petkun
Works in Progress
- What Determines Military Legitimacy? Evidence from the Battle of Mosul in Iraq, HiCN Working Paper Series 2023-402 () (with others)
- Civilian Harm and Military Legitimacy in War () (with others)
H. Jefferson Powell
Books
- The Foundations of American Law: A Companion to the 1L Year (Carolina Academic Press, )
Newspaper Articles and Commentary
- History, Rights, and Constitutional Law, Fifteeneightyfour Blog ()
Jedediah Purdy
Books
- Walden (W.W. Norton, ) (editor)
Articles & Essays
- Nature, in A Cultural History of Ideas in the Modern Age (Stefanos Geroulanos ed., )
- The Possible Futures of American Democracy, 2023 Utah Law Review 1009-1021 ()
- The Promise of American Life, 253 The New Republic 46-50 () (reviewing Oliver Zunz, The Man Who Understood Democracy: The Life of Alexis de Tocqueville, 2022) (Appears online with the title: Tocqueville’s Uneasy Vision of American Democracy)
Newspaper Articles and Commentary
- We’ve Been Thinking About America’s Trust Collapse All Wrong, The Atlantic ()
- Raymond Williams’s Resources for Hope, 70 Dissent (, at 86)
- The Courts Should Be More Political, Not Less, New York Times ()
- The Constitutional Flaw That’s Killing American Democracy, The Atlantic ()
- Democrats Need Patriotism Now More Than Ever, New York Times () (A version of this article appears in print on July 3, 2022, Section SR, Page 12 of the New York edition with the headline: The Left Must Reclaim Patriotism)
- Who Are the People?, 69 Dissent (, at 86)
Shitong Qiao
Works in Progress
Articles & Essays
- Finance Against Law: The Case of China, 64 Harvard International Law Journal 431-487 ()
- The Authoritarian Commons: Divergent Paths of Neighborhood Democratization in Three Chinese Megacities, 71 American Journal of Comparative Law 388-443 ()
Newspaper Articles and Commentary
- Cleanup of China Evergrande Collapse Calls for Coordination and Clarity, Nikkei Asia ()
- How Technology Is Changing Justice in China, Judicature International () (with others)
Arti K. Rai
Forthcoming
- Cryptic Patent Reform Through the Inflation Reduction Act, Harvard Journal of Law & Technology () (with others)
Works in Progress
Articles & Essays
- Access to Biomedical Innovation — Inside the Legal Labyrinth, 388 New England Journal of Medicine 1537-1540 ()
- Brief of Intellectual Property Law Professors and Scholars as Amici Curiae in Support of the Respondents , Amgen, Inc., et al., v. Sanofi, et al., No. 21-757 (U.S. Feb. 10, 2023) (with others)
Newspaper Articles and Commentary
- Orange Book Over-Declaration Of Pharmaceutical Patents: The Advantages Of Ex Ante Over Ex Post Review, Health Affairs Forefront () (with Jorge L. Contreras)
- What Does ‘Bona Fide Competition’ Actually Mean in the Biologics Market?, STAT ()
Jerome H. Reichman
Articles & Essays
- A Codified Liability Regime to Stimulate Greater Investment in Subpatentable Innovation, 57 UC Davis Law Review 2027-2075 () (with Ana Santos Rutschman)
- The Case for a Liability Rule to Stimulate Investment in Sub-Patentable Innovation, in Improving Intellectual Property: A Global Project 88-94 (Susy Frankel et al. eds., ) (with Ana Santos Rutschman)
Mara Revkin
Forthcoming
- Law and Violence in the Middle East, in Oxford Handbook on Law and Authoritarianism (Cora Chan, Madhav Khosla, Benjamin Liebman & Mark Tushnet, eds., )
Works in Progress
- What Determines Military Legitimacy? Evidence from the Battle of Mosul in Iraq, HiCN Working Paper Series 2023-402 () (with others)
- Civilian Harm and Military Legitimacy in War () (with others)
- Is There a "Right to Forget" Atrocities? The International Law on Memory with New Evidence from South Sudan () (with Olivia Wang)
Articles & Essays
- The Self-Fulfilling Prophecy of ‘Perpetual’ War in Iraq, in Iraq 20 Years On: Insider Reflections on the War and Its Aftermath ()
- How Religious Are “Religious” Conflicts? , 25 International Studies Review, article viad029, 1-30 (2023) (with others)
- Retribution or Reconciliation? Post-Conflict Attitudes Toward Enemy Collaborators, 67 American Journal of Political Science 358-373 () (with Kristen Kao)
- Understanding Multidimensional Fragility in South Sudan: A Baseline Study of Kajo-Keji, Yei, Bor, and Wau Counties () (with others)
- Roundtable: Police Reform in Global Perspective () (with others)
Barak D. Richman
Forthcoming
- 'Just What Is Going On Here?' An Homage, 86 Law and Contemporary Problems ()
Books
- Internet and Telecommunication Regulation (Carolina Academic Press, 2nd ed. ) (with others)
Articles & Essays
- Engaging Medicare Beneficiaries in Coverage Choices, 329 JAMA 1915-1916 () (with Kevin A. Schulman)
- Healthcare Administrative Costs and Competition Policy, 2023 Antitrust Chronicle () (with Kevin Schulman)
- Hospitals Suing Patients: How Hospitals Use N.C. Courts to Collect Medical Debt () (with others)
- Limiting Overall Hospital Costs by Capping Out-of-Network Rates, 32 Annals of Health Law and Life Sciences 131-148 () (with others)
- Maintaining Health Care Innovations After the Pandemic, 4 JAMA Health Forum () (with others)
- Pharmacy Benefit Managers and the Federal Trade Commission: A Relationship Gone Sour, 329 JAMA 367-368 () (with Eli Y. Adashi)
- Providing Responsible Health Care for Out-of-State Patients, 330 JAMA 499-500 () (with others)
- Still (At Least) One Decade Behind: US Competition Policy in the Healthcare Industry, 11 Journal of Antitrust Enforcement 265-271 ()
Newspaper Articles and Commentary
- Duke Law Researchers: NC Hospitals Use Deceit to Sue Patients, Take Their Homes, Charlotte Observer () (with Sara Sternberg Greene)
- It’s Ok to Ask for Help: An Antitrust Rooney Rule, ProMarket ()
- Hospitals Are a Problem. Competition Is the Answer, Politico ()
Stephen E. Roady
Articles & Essays
- Enhanced U.S.-Canadian Collaboration on Marine Migratory Species, 53 Environmental Law Reporter 10911-10920 () (with others)
- Transboundary Marine Species at Risk & Their Recovery in a Changing Climate: Workshop Report () (with others)
Emily Ryo
Forthcoming
- Immigration Detention as Racialised Wealth Extraction, in Immigration Detention and Social Harm: The Collateral Impacts of Migrant Incarceration (Michelle Peterie ed., ) (with Christopher Levesque)
Articles & Essays
- Beyond Legal Deserts: Access to Counsel for Immigrants Facing Removal, 101 North Carolina Law Review 787-840 () (with Reed Humphrey)
Richard L. Schmalbeck
Books
- Federal Income Taxation (Aspen Publishing, 2004, 2d ed. 2007; Wolters Kluwer Law & Business, 3d ed. 2011; Wolters Kluwer, 4th ed. 2015, 5th ed. 2018, 6th ed. ) (with others)
Newspaper Articles and Commentary
- IRS Reform Has Arrived: How New Funding Is Fast-Tracking Progress, The Hill () (with others)
Steven L. Schwarcz
Forthcoming
- De-Mystifying Digital Currencies, Law and Contemporary Problems ()
- Physics Informs Law: Analyzing Legal Issues That Turn on the Scale of Observation, 85 Ohio State Law Journal ()
- Regulating Financial Innovation: FinTech, Crypto-assets, DeFi, and Beyond, Business Lawyer ()
- The Legal Anomaly of Non-Recourse Financing, American Bankruptcy Law Journal () (with Christina Trepczynski)
- Rethinking Commercial Law’s Uncertain Boundaries, 14 Harvard Business Law Review ()
- Corporate Governance and Risk-Taking: A Statistical Approach, 3 University of Chicago Business Law Review ()
- Reexamining Enron's Regulatory Consequences, NYU Annual Survey of American Law ()
- Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework, 92 George Washington Law Review ()
Works in Progress
- A Decision-Heuristics Approach to Corporate Governance and Risk-Taking () (with Lorilee A. Medders)
- Enforcing Secondary Defaults: Should Harshness Limit Remedies for Non-Material Contract Breach?” ()
- Money: Tangible, Intangible (Digital), and Legal Implications ()
- Protection Gaps: How Complexity Increases Risk (And How Law Can Help) ()
- Reexamining the Private Ordering of Accounting Disclosure ()
- UCC § 2-510: A Commercial Law Blunder? ()
Articles & Essays
- Judge Jed Rakoff: Personal Impressions of a Testifying Expert Witness (and Anatomy of a UCC Foreclosure), 80 NYU Annual Survey of American Law 21-29 ()
- Next-Generation Securitization: NFTs, Tokenization, and the Monetization of ‘Things’, 103 Boston University Law Review 967-1003 ()
- Bankruptcy-Remote Structuring: Reallocating Risk Through Law, 97 American Bankruptcy Law Journal 1-40 ()
- Fractionalizing Investment Securities: Using FinTech to Expand Financial Inclusion, 84 Ohio State Law Journal 773-836 () (with Robert Bourret)
- Post-Crisis Derivatives Regulation: What Went Right (And What Went Wrong), 23 Sciences Po Law Review 44-51 ()
- The Global Derivatives Market, in Research Handbook on Global Capital Markets Law 220-235 (Iris Chiu and Iain MacNeil eds., )
Michael E. Tigar
Newspaper Articles and Commentary
- The Supreme Court, Rights, and Judicial Abdication, MR Online ()
Neil Vidmar
Articles & Essays
- Social Cognitive Processes Explain Bias in Juror Decisions , 18 Social Cognitive and Affective Neuroscience, article nsac057, 1-11 (2023) (with others)
Jonathan B. Wiener
Forthcoming
- Improving Risk Governance via Two-Way Policy Learning: A Comparative Analysis of Solar Geoengineering and Gene Drives () (with others)
- Practical Paths to Risk-Risk Analysis of Solar Radiation Modification () (with others)
- Regulatory Learning Through Agency Action Under the Evidence-Based Policymaking Act, Project on Retrospective Regulatory Analysis () (with others)
- The Evolving International Climate Change Regime: Mitigation, Adaptation, Reflection, Texas A&M Law Review () (with Tyler Felgenhauer)
Articles & Essays
- Modernizing Regulatory Review: Assessing All Important Impacts, 48 Administrative & Regulatory Law News 11-14 () (reprinted in Notice & Comment on June 7, 2023)
Newspaper Articles and Commentary
- Climate Change and the Supreme Court, 210 Resources (, at 22) (with others)
Ernest A. Young
Forthcoming
- Standing and Probabilistic Injury, Michigan Law Review () (with Curtis A. Bradley)
- State Sovereign Immunity After the Revolution, Texas Law Review ()
- Federalism and Loyalty, in The Law and Politics of Federalism (Erin Delaney ed., )
Works in Progress
- Dying Constitutionalism and the Lost Years of the Fourteenth Amendment ()
- Many Models of Process Federalism, in ()
- Standing in State Court () (with Rebekah Strotman)
Lawrence A. Zelenak
Books
- Federal Income Taxation (Aspen Publishing, 2004, 2d ed. 2007; Wolters Kluwer Law & Business, 3d ed. 2011; Wolters Kluwer, 4th ed. 2015, 5th ed. 2018, 6th ed. ) (with others)
- Federal Income Taxation: A Law Student's Guide to the Leading Cases and Concepts (Concepts and Insights Series) (Foundation Press, 12th ed. 2012, 13th ed. 2015, 14th ed. 2018, 15th ed. ) (with Marvin A. Chirelstein)
Issues Edited
- The Legacy of Stanley S. Surrey, 86 Law and Contemporary Problems (No. 2, ) (with Ajay K. Mehrotra)
Articles & Essays
- Stanley Surrey and Taxing Unrealized Appreciation, 86 Law and Contemporary Problems 153-165 ()
- Reading the Taxpayers' Brief in Moore, 112 Tax Notes International 77-82 ()
- What We Talk About When We Talk About Tax Shelters, 108 Iowa Law Review Online 130-143 ()
- Foreword: The Legacy of Stanley S. Surrey, 86 Law and Contemporary Problems i-xii () (with Ajay K. Mehrotra)
- The Income Tax, the Constitution, and the Unrealized Importance of Helvering v. Griffiths, 43 Virginia Tax Review 257-290 ()