Vanderbilt University Law School

"The New Role for Assurance Services in Global Commerce," 33 Journal of Corporation Law 2 (2008) (with Cynthia A. Williams and Li-Wen Lin)

“Bridging the Gap in Training Resources: Developing A Cadre of Trained Clinical Teachers,” forthcoming in Clinical Methods for Justice Education, N.R. Madhava Menon, editor (with N.R. Madhava Menon)

"Clinical Legal Education: Concept, Goals, and Methods," forthcoming in Clinical Methods for Justice Education (N.R. Madhava Menon, editor) (with N.R. Madhava Menon)

“The Quest for Socially Relevant Legal Education in India,” Yale Law School (2008)

“Access to Justice and the Global Clinical Movement,” 28 Washington University Journal of Law & Policy (forthcoming 2008)

Bloch on Social Security Disability (West Publishing Co., 2008) (prior editions annually since 1995) (available only electronically on Westlaw, Social Security Excellence, and CD-ROM Library)

The Global Clinical Movement: Educating Lawyers for Social Justice, Oxford University Press (forthcoming 2009) (editor)
 

"The Preamble in American Constitutional Interpretation"

"War and Constitutional Change"

Family and the American Constitutional Order (book in progress)

The Law of Easements and Licenses in Land (revised edition 2008) (with James Ely)

"Corporate Law Preemption in an Age of Global Capital Markets,” 81 Southern California Law Review (forthcoming 2008)

"Settlement" in Encyclopedia of Law & Economics, 2nd edition, Volume 10: Procedural Law & Economics, Chris William Sanchirico, editor (Edward Elgar Publishing Co., forthcoming 2008) (with Jennifer Reinganum)

“Population-Based Liability Determination, Mass Torts and the Incentives for Suit, Settlement and Trial” (with Jennifer Reinganum)

“Privacy, Publicity and Choice" (with Jennifer Reinganum)

“Products Liability, Signaling and Disclosure,” 164 (1) Journal of Institutional and Theoretical Economics 106 (2008) (with Jennifer Reinganum)

Panelist, “Post-Kelo Reforms,” Federalist Society Faculty Conference, New York, January 4, 2008

"Rufus W. Peckham and Economic Liberty"

Commentator, “Taking Property Rights Seriously?”, Conference on The United States Supreme Court: Contested Constitutional Doctrines, Michigan State University, March 27-29, 2008

The Guardian of Every Other Right: A Constitutional History of Property Rights, Oxford University Press (3rd ed. 2008, 2nd ed. 1998, 1st ed. 1992)

"Cruel and Unequal Punishment," 86 Washington University Law Review __
(forthcoming 2009)

"Incriminating Thoughts"

"Punishment and Behavioral Genetics: To Know the Criminal and the Crime"

"Recent Use of Behavioral Sciences in the Criminal Law," book chapter in edited volume by CIRGE at Stanford University (Oxford University Press, forthcoming)

The Impact of Behavioral Sciences on Criminal Law (Oxford University Press, forthcoming) (editor of collected volume)

"Election by Appointment: The Tennessee Plan Reconsidered," 75 Tennessee Law Review (forthcoming 2008)

"Contingency Fee Lawyers Paid before their Clients: Class Action Attorneys and the Myth of Objector Blackmail"

“’The Threes’: Reimagining Supreme Court Decision Making,” Vanderbilt Law Review (2008) (with Chris Guthrie).

“Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging,” Vanderbilt Law Review (2008) (with Albert H. Yoon)

“From Judge to Justice: Social Background Theory and the U.S. Supreme Court,” North Carolina Law Review (2008)

"A Thumb on the Scale: Investigating Implicit Bias on the Bench" (with Jeffrey J. Rachlinski, Sheri Lynn Johnson, and Andrew J. Wistrich)

"Carhart, Constitutional Rights, and the Psychology of Regret," 81 Southern California Law Review 877 (2008)

“The Threes,” Vanderbilt Law Review (forthcoming 2008) (with Tracey E. George) (essay)

Dispute Resolution and Lawyers (West Publishing, 4th edition 2008) (with Leonard R. Riskin, Richard C.  Reuben, Jennifer Robbennolt and Nancy Welch)

"From Luxembourg to Quito: Exporting the European Court of Justice to the Andean Community" (co-authored with Karen Alter)
 

"Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community" (co-authored with Karen Alter and Florencia Guerzovich)

"Monitoring Compliance with Un-ratified Treaties: The ILO Experience," 71 Law & Contemporary Problems 195 (2008) (symposium on international delegation)

"Nonconsensual International Lawmaking," 2008 Illinois Law Review 71

"Redesigning the ECHR: Embeddedness as a Deep Structural Principle of the European Human Rights Regime," 19 European Journal of International Law 125 (2008) (peer review journal)

"The New Innovation Frontier? Intellectual Property and the European Court of Human Rights," 49 Harvard International Law Journal 1 (2008)

Human Rights, 2d edition. University Casebook Series. Foundation Press (forthcoming Fall 2008) (co-authored with Louis Henkin, Sarah Cleveland, Gerald Neuman & Diane Orentlicher)

"Profiling the New Immigrant Worker: The Effects of Skin Color and Height," 26(2) Journal of Labor Economics 345 (2008)

20-23 November 2008: Presentation, Southern Economic Association meetings, Session: "Getting Under our Skin?: Color, Human Capital, and Life Outcomes," Washington, D.C.

"Endowment Effects in Chimpanzees," 17 Current Biology 1704 (2007) (with S.F. Brosnan, S. Lambeth, M.C. Mareno, A.S. Richardson & S.J. Schapiro) [Read coverage of this article in The Economist, June 19, 2008.]

Law, Biology, and Property: A New Theory of the Endowment Effect , 49 William & Mary Law Review 1935 (2008) (with S.F. Brosnan) [Read coverage of this article in The Economist, June 19, 2008.]

"The Origins of Shared Intuitions of Justice," 60 Vanderbilt Law Review 1633 (with Paul Robinson & Robert Kurzban) (2007)

"Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences," __ Duke Law Journal __ (forthcoming 2008) (with Suzanna Sherry)

Modern Criminal Procedure (forthcoming 12th ed. 2008 & Supp.) (with Yale Kamisar, Wayne LaFave, Jerold Israel & Orin Kerr). Text also published annually in two paperback volumes: Basic Criminal Procedure and Advanced Criminal Procedure

"United States v. Butler," in Encyclopedia of the United States Supreme Court (forthcoming 2008)

"Aggregate Litigation across the Atlantic and the Future of American Exceptionalism,” 62 Vanderbilt Law Review (forthcoming 2009)

"Class Actions in the Administrative State," 75 University of Chicago Law Review 603 (2008)

“Class Certification in the Age of Aggregate Proof,” 84 New York University Law Review ___ (forthcoming 2009)

 

"Class Settlements under Attack," 156 University of Pennsylvania Law Review 1649 (2008) (with Samuel Issacharoff)

"Access to Courts: Non-Citizens," Law and Society Association,  Summer 2008

"Words and Reasons: Jurisdiction Stripping and the Federal Tort Claims Act"

"Words and Reasons: Jurisdiction Stripping and the Federal Tort Claims Act," Southeastern Association of Law Schools (SEALS), New Scholars Workshop, Summer 2008
 

Enemy of the State: The Trial and Execution of Saddam Hussein, St. Martin's Press (forthcoming 2008)

“Population-Based Liability Determination, Mass Torts and the Incentives for Suit, Settlement, and Trial” (with Andrew Daughety)
 

“Privacy, Publicity, and Choice" (with Andrew Daughety)

“Products Liability, Signaling and Disclosure,” 164 (1) Journal of Institutional and Theoretical Economics 106 (March 2008) (with Andrew Daughety)

"Reforming Securities Litigation Reform: Restructuring The Relationship Between Public and Private Enforcement of Rule 10b-5," 108 Columbia Law Review ___ (forthcoming 2008)

"The Regulation Of Sovereign Wealth Funds: The Virtues Of Going Slow," 76:1 University of Chicago Law Review ___ (forthcoming 2008) (with Richard A. Epstein)

"The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow," at  a conference addressing "The Going Private Phenomenon: Causes and Implications" at the University of Chicago Law School (June 21, 2008) (with Richard A. Epstein)

Federalism: A Theoretical Inquiry (Michigan University Press, forthcoming 2008) (with Malcolm Feeley)

"Experts, Acts and Mental States," 38 Seton Hall Law Review 1009-30 (2008) (symposium)

"Government Data Mining and the Fourth Amendment, " 75 University of Chicago Law Review 317-41 (2008) (symposium)

Juveniles at Risk: A Plea for Preventive Justice (forthcoming book with Mark Fondacaro)

"The Story of Morrison v. Olson: The Independent Counsel an independent Agencies in Watergate's Wake," in Presidential Law Stories (Curtis Bradley & Christopher Schroeder eds., forthcoming 2008)

"The Statutory Fiction of Judicial Review of Administrative Action in the United States"

"Ultra Vires Review and the President"

"Hedge Fund Activism, Corporate Governance, and Firm Performance," __ Journal of Finance __ (2008) (with Alon Brav, Wei Jiang and Frank Partnoy)

17 September 2008: "What's a Life Worth?," Western Kentucky University, Bowling Green, KY

Vanderbilt Law School: Aspirations and Realities, Vanderbilt University Press (2007)

“Ex parte Milligan" and "Guantanamo," in the Encyclopedia of American Civil Liberties (forthcoming 2008) (solicited contribution)

"Die (Ohn) Macht des Völkerrechts," Der Tagesspiegel, August 28, 2006 (solicited opinion piece in major German newspaper)

"Medical Proof, Social Policy, and Social Security’s Medically Centered Definition of Disability," 92 Cornell Law Review 190 (2007)

"The Social Security Administration's New Disability Adjudiction Rules: A Significant and Promising Reform," 92 Cornell Law Review 235 (2007) (with Jeffrey S. Lubbers & Paul R. Verkuil)

“Disability and the Contract for Income Support in the Modern Welfare State,” workshop on The Social Contract Revisited sponsored by the Centre for Socio-Legal Studies at the University of Oxford, England (2007)

Health Care Law and Policy (2nd edition, Foundation Press, 1998 & 2007 supp.) (co-edited with C. Havighurst & T. Brennan)

"Deference and Democracy," 75 George Washington Law Review 761 (2007) (inaugural administrative law issue)

"Legitimacy, Selectivity, and the Disunitary Executive: A Reply to Sally Katzen," 105 Michigan Law Review 1511 (2007) (with Mike Vandenbergh)

"Procedures as Politics in Administrative Law," 107 Columbia Law Review 1749 (2007)

Cases and Materials on Modern Property Law (6th edition 2007) (with James Ely)

"Regional Integration and Incomplete Club Goods: A Trade Perspective,” 8 Chicago Journal of International Law 535 (2008)

"Stock Exchanges and the New Market for Securities Laws,” 75 University of Chicago Law Review (forthcoming 2008)

"Integrating Genetics into Public Health Policy and Practice," in Law in Public Health Practice, 2d ed., New York: Oxford University Press 323-337 (2007) (Richard A. Goodman & Karen Foster, editors)

“Information Disclosure as Environmental Regulation: A Theoretical Analysis," 37 Environmental and Resource Economics 3: 599-620 (July 2007) (with V. Santhakumar)

"Measuring Deviations from Expected Voting Patterns on Collegial Courts" (with David Klein and Stefanie Lindquist)

"The Most Dangerous Justice Rides into the Sunset," 24 Constitutional Commentary 299 (2007) (with Jim Chen)

"What Are We Comparing in Comparative Negligence?" 85 Washington University Law Review 73 (2007)

“Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship,” 11 Green Bag 2d 19 (2007) (with Tracey George)

"Economic Liberties and the Original Meaning of the Constitution"

Cases and Materials on Modern Property Law, Thomson/West (6th ed. 2007) (with John W. Bruce)

The Bill of Rights in Modern America: After 200 Years, Indiana University Press (2nd ed. 2008, 1st ed. 1993) (co-edited with D. Bodenhamer)

"Bad Nature, Bad Nurture, and Testimony in Murder Trials," 52 Journal of Forensic Science 1362 (2007) (with William Bernet, Cindy L. Vnencak-Jones and Stephen A. Montgomery)

"Can Michigan Universities Use Proxies for Race After the Ban on Racial Preferences?", 13 Michigan Journal of Race and Law 277 (2007)

"Ethical Implications of Tennessee’s Judicial Selection Process,” Tennessee Bar Association, Nashville, TN (Dec. 12, 2007) (panelist)

"Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship," Green Bag (2007)

"The Protection of Databases," __ Chicago Kent Law Review __ (2007)

Intellectual Property, Trade and Development (Oxford University Press, 2007) (editor)

"Tort Law and Moral Luck," 92 Cornell Law Review (2007) (with Benjamin Zipursky)

“Blinking on the Bench: How Judges Decide Cases,” 93 Cornell Law Review 1 (2007) (with Jeffrey J. Rachlinski & Judge Andrew J. Wistrich)

"Toward a Human Rights Framework for Intellectual Property," 40 U.C. Davis Law Review 971 (2007) (symposium issue)

28 March 2008: "Do Immigrants Get Compensated for Job Risks?" (with W. Kip Viscusi), New Immigrant Survey Conference, Vanderbilt University Law School, Nashville, TN

"Law, Responsibility, and the Brain," 5 PLOS Biology 693 (April 2007) (with Dean Mobbs, Hakwan C. Lau and Christopher D. Frith)

"The Neural Basis of Legal Decision-Making" (with J. Buckholtz, C. Asplund, P. Dux, D. Zald, J. Gore, R. Marois) (submitted)

"Habeas exposed: Findings of the first study of habeas litigation after AEDPA"

Criminal Procedure (Thomson-West, 3d ed. 2007) (seven-volume treatise covering state and federal criminal procedure) (with Wayne LaFave, Jerold Israel & Orin Kerr)

Habeas Litigation in U.S. District Courts: Final Report (monograph supported by Award No. 2006-IJ-CX-0020, National Institute of Justice, Office of Justice Programs, United States Department of Justice) (August 2007) (with Fred Cheesman & Brian Ostrom)

"The Populist Safeguards of Federalism," 68 Ohio State Law Journal 1669 (2007)

“Do Citizens Care about Federalism: An Experimental Test,” 4 Journal of Empirical Legal Studies 589 (2007) (with Cindy D. Kam)

"Race and Wealth Disparity: The Role of Law and the Legal System," 4 Fordham Urban Law Journal (2007) (with Stephanie M. Wildman)

Mass Torts in a World of Settlement, University of Chicago Press (2007)

"Public Committee Against Torture in Israel v. Government of Israel: U.S. Military Commissions through the Lens of the Supreme Court of Israel," 8 Engage: The Journal of the Federalist Society's Practice Groups No. 4 112 (October 2007)

"A Cognitive Theory of Trust," 84 Washington University Law Quarterly 1717 (2007) (with Claire A. Hill)

"Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law," 53 Vanderbilt Law Review 1551 (2007)

The Economics of Conflict of Laws, Elgar Publishing (2007)

The Law Market, Oxford Publishing (forthcoming 2008) (with Larry Ribstein)

"Rationalizing the Taxation of Reorganizations and Other Corporate Acquisitions," Virginia Tax Review (2007)

"Crossing the Color Line: Racial Migration and the Emergence of the One-Drop Rule, 1600-1860," 91 Minnesota Law Review 592 (2007)

“Democracy and the Death of Knowledge,” 2006 William Howard Taft Lecture in Constitutional Law, University of Cincinnati College of Law, November 2006 (published in 75 University of Cincinnati Law Review 1053, 2007)

“Overruling Erie: Nationwide Class Actions and National Common Law,” at "Fairness to Whom? Perspectives on the Class Action Fairness Act of 2005," University of Pennsylvania, December 2007 (article forthcoming in 156 University of Pennsylvania Law Review, 2008)

Civil Procedure Essentials (2007) (with J. Tidmarsh)

Lying and Confessing," 39 Texas Tech Law Review 1275-1292 (2007) (symposium)

Privacy at Risk: The New Government Surveillance and the Fourth Amendment (University of Chicago Press, 2007)

"Civic Trust, the Independent Counsel and Watergate," Law & Society Conference Panel Presentation, Berlin (July 2007)

"Morrison v. Olson: Overcoming Watergate," Workshop Presentation, Duke University Law School (Sept. 16, 2007)

"Presidential Fact Finding and Ultra Vires Review," Panel Presentation, The Role of the President in the 21st Century, Boston University Law School Conference (Oct. 11, 2007)

"The Constitutional Foundation of Chenery," 116 Yale Law Journal 952 (2007)

"The President’s Statutory Powers," Roundtable Participant for The Unitary Executive Theory Revisited, ABA 2007 Administrative Law Conference, Washington, D.C. (Oct. 26 2007)

Debating Immigration (Cambridge University Press, 2007) (editor)

"Gap Filling, Hedge Funds, and Financial Innovation," in New Financial Instruments and Institutions, Brookings Institute (2007)

"Is U.S. CEO Compensation Broken?" 17 Journal of Applied Corporate Finance 32 (2005) (with John Core and Wayne Guay)

"Shareholder Proposals in the New Millenium: Shareholder Support, Board Response, and Market Reactions," 13 Journal of Corporate Finance 368 (2007) (with James Cotter)

"The Dilemma of Odious Debts," 56 Duke Law Journal 1201 (2007)(with Lee C. Buchheit and G. Mitu Gulati)

"Climate Change: The Equity Problem," 30 Virginia Environmental Law Journal (2007) (with Brooke Ackerly) (symposium issue)

"Legitimacy, Selectivity, and the Disunitary Executive: A Reply to Sally Katzen," 105 Michigan Law Review 1511 (2007) (with Lisa Bressman)

"The Carbon-Neutral Individual," 82 New York University Law Review (2007) (with Anne Steinemann)

"The New Wal-Mart Effect: The Role of Private Contracting in Global Governance," 54 UCLA Law Review 913 (2007)

19 September 2008: "The Performance of the 1998 Tobacco Master Settlement Agreement," co-authored with Joni Hersch, National Bureau of Economic Research, Regulation and Litigation Preconference, Cambridge, MA

"International Law and Constitutional Interpretation: The Commander-in-Chief Clause Reconsidered," 106 Michigan Law Review 61 (2007)

"Institutionalizing a Social Justice Mission for Clinical Legal Education: Cross-national Currents from India and the United States," 13 Clinical Law Review 165 (2006) (with M.R.K. Prasad)

"Medical Malpractice Standard-Setting: Developing Malpractice 'Safe Harbors' As a New Role for QIOs?", 59 Vanderbilt Law Review 1017 (2006)

"Inside the Administrative State: A Critical Look at the Practice of Presidential Control," 105 Michigan Law Review 1 (2006) (with Michael Vandenbergh)

"Ties that Bind?: Regionalism, Commercial Treaties and the Future of Global Economic Integration," 60 Vanderbilt Law Review 1349 (2007)

"Genetics, Populations, and Public Health: A Complex Relationship," 30 Journal of Law, Medicine, and Ethics 290-7 (2002). Reprinted in Public Health Ethics: Theory, Policy, and Practice, Oxford-New York (2006)

"Patients and Biobanks," 51(4) Villanova Law Review 793 (2006)

"The Web of Relations: Thinking about Physicians and Patients," 6 Yale Journal of Health Policy, Law, and Ethics 2:465-477 (2006)

"Assessing the Public's Demand for Hate Crime Penalties," Justice Quarterly (March 2004) (with Sara Steen)

"Costs and Benefits of Sentencing," Chapter 8, pp. 117-27, in Preventing Crime: What Works for Children, Offenders, Victims, and Places, Brandon C. Welsh and David P. Farrington eds. (Dordrecht, Netherlands: Springer, 2006) (with Cynthia McDougall, Amanda Perry and Raymond Swaray)

"Prevention, Crime Control or Cash? Public Preferences towards Criminal Justice Spending Priorities," Justice Quarterly (2006) (with Roland T. Rust and Sara Steen)

“Markets, Torts and Social Inefficiency,” 37 (2) The Rand Journal of Economics 300 (2006) (with Jennifer Reinganum)

“Speaking Up: A Model of Judicial Dissent and Discretionary Review,” 14 Supreme Court Economic Review 1 (2006) (with Jennifer Reinganum)

"Getting the Math Right: Why California Has Too Many Seats in the House of Representatives," 59 Vanderbilt Law Review 297 (2006)

"The Allocation Problem in Multiple-Claimant Representations," 14 Supreme Court Economic Review 95 (2006) (with Richard Nagareda and Charles Silver)

"'To pursue any lawful trade or avocation': The Evolution of Unenumerated Economic Rights in the Nineteenth Century," 8 University of Pennsylvania Journal of Constitutional Law 917 (2006)

"Impact of Richard A. Epstein," 15 William & Mary Bill of Rights Journal 2 (2006)

"Behavioural Genetics in Criminal Cases: Past, Present and Future," 1 Genomics, Science & Policy Journal 2 (2006) (with William Bernet)

"Foreword," 69 Law & Contemporary Problems 1 (2006)

"Genetics and Responsibility: To Know the Criminal from the Crime," 69 Law & Contemporary Problems 115 (2006) (with James E. Coleman Jr.)

"Alternatives to Affirmative Action after the Michigan Civil Rights Initiative," University of Michigan School of Law (Apr. 3, 2007) (panelist)

"The Changing Landscape of International Intellectual Property," 2 Journal of Intellectual Law & Practice 1 (2006)

"The Purpose of Copyright Law in Canada," 2:2 University of Ottawa Journal of Law & Technology 315 (2006)

Collective Management of Copyright and Related Rights (Kluwer Law International, 2006)

"Two Conceptions of Tort Damages: Fair v. Full Compensation," 55 DePaul Law Review 435 (2006)

"What Nobody Knows," 104 Michigan Law Review 1461 (2006)

"Understanding Change in International Organizations: Globalization and Innovation in the ILO," 59 Vanderbilt Law Review 649 (2006)

"Demand for a Jury Trial and the Selection of Cases for Trial," 35(1) Journal of Legal Studies 119 (2006)

"Sex Discrimination in the Labor Market," 2(4) Foundations and Trends: Microeconomics 281 (2006)

"Skin Tone Effects among African Americans: Perceptions and Reality," 96(2) American Economic Review Papers and Proceedings 251 (2006)

14-16 March 2008: Organizer and Session Chair, Midwest Economics Association meetings, Session: “Skin Color, Race, and Economic Outcomes,” Chicago, IL

“Regulating Executive Remuneration: International Developments in the Post-Scandal Era,” 3 European Company Law 64 (Netherlands 2006) (Reprinted in ICFAI Journal of Corporate and Securities Law (2006)

"Behavioral Genetics and Criminal Law, In Context," 69 Law & Contemporary Problems 81 (2006) (Special Issue: Behavioral Genetics and Criminal Law)

“Emotional Competence, ‘Rational Understanding,' and the Criminal Defendant,” 43 American Criminal Law Review 1375 (2006)

“Law and Emotion: A Proposed Taxonomy of an Emerging Field,” 30 (2) Law and Human Behavior 119 (2006)

“’Eggshell Victims,’ Private Precautions, and the Societal Benefits of Shifting Crime,” 105 Michigan Law Review 307 (2006)

"Aggregation and its Discontents: Class Settlement Pressure, Class-Wide Arbitration, and CAFA," 106 Columbia Law Review (2006)

"FDA Preemption: When Tort Law Meets the Administrative State," 1 Journal of Tort Law, article 4 (2006)

"Restitution, Rent Extraction, and Class Representatives: Implications of Incentive Awards," 53 UCLA Law Review (2006)

"The Iraqi High Criminal Court: Controversy and Contributions," 88 International Review of the Red Cross 862 (2006)

"War by Proxy: Legal and Moral Duties of 'Other Actors' Derived from Government Affiliation," 37 Case Western Reserve Journal of International Law 249 (2006)

"How Neuroscience Might Advance the Law," 359 Philosophical Transactions 1677 (2004). Reprinted in Law & the Brain 21 (S. Zeki & O. Goodenough eds., Oxford University Press, 2006)

"Markets, Torts and Social Inefficiency,” 37 (2) The Rand Journal of Economics 300 (Summer 2006) (with Andrew Daughety)

“Speaking Up: A Model of Judicial Dissent and Discretionary Review,” 14 Supreme Court Economic Review 1 (2006) (with Andrew Daughety)

"A Minimalist Approach to Corporate Income Taxation," SMU Law Review (2006)

“A Lifetime Income Tax,” Virginia Tax Review (2006)

"Logic Without Experience: The Problem of Federal Appellate Courts," 82 Notre Dame Law Review 97 (2006)

Federal Courts: Cases, Comments, and Questions (6th ed. 2006 plus annual supplements) (with M. Redish)

"Dangerousness and Expertise Redux," 56 Emory Law Journal 275-323 (2006)

Minding Justice: Laws the Deprive People with Mental Disability of Life and Liberty (Harvard University Press, 2006)

Proving the Unprovable: The Role of Law, Science, and Speculation in Adjudicating Culpability and Dangerousness (Oxford University Press, 2006)

"The President’s Statutory Powers to Administer the Laws," 106 Columbia Law Review 263 (2006). Abbreviated excerpt published in 31 Administrative & Regulatory News 9, Issue No. 3 (2006)

Black Faces, Black Interests: The Representation of African Americans in Congress (Harvard University Press, 1993, 1995) (Reprinted by University Press of America, 2006)

"Does the Plaintiff Matter?  An Empirical Analysis of Lead Plaintiffs in Securities Class Actions," 106 Columbia Law Review 1587 (2006) (with James Cox)

"Letting Billions Slip Through Your Fingers: Empirical Evidence and Legal Implications of the Failure of Financial Institutions to Participate in Securities Fraud Class Action Settlements," 58 Stanford Law Review 411 (2005) (with James Cox). Selected as one of the Best Corporate and Securities Articles of 2006, by Corporate Practice Commentator.

"Securities Litigation and Its Lawyers: Changes during the First Decade after the PSLRA," 106 Columbia Law Review 1489-1533 (2006) (with Stephen J. Choi)

Corporations and Other Business Associations, Cases and Materials (Aspen Publishers, 5th edition, 2006) (with teacher's manual) (with C.R.T. O'Kelley)

"Inside the Administrative State: A Critical Look at the Practice of Presidential Control," 105 Michigan Law Review 1 (2006) (with Lisa Bressman)

9 October 2008: Keynote Address, Research Symposium on Empirical Studies of Civil Liability, Northwestern University School of Law, Chicago, IL

"Just Another Day at the Office: the Ordinariness of Professional Ethics," 2 Professional Ethics 3 (1994). Reprinted in Ethics in the Workplace, Robert A. Larmer, ed. (2d edition, Belmont, CA: Wadsworth, 2002). Reprinted in Ethics for the Professions, John Rowan and Samuel Zinaich, eds. (Harcourt Brace, 2003). Reprinted in 15 Tennessee's Business 14 (2006)

"Appellators: The Quest for the Meaning of and/or," 4:3 World Trade Review 499-523 (2005)

"Chains Across the Rhine," 58 Amicus Curiae, Journal of the Society of Advanced Legal Studies 10-15(March/April 2005)

"The Aristotelian, Law in the Service of Human Dignity," in Essays in Honour of Florentino Feliciano (Cambridge University Press, 2005)

"The Garden," 28:2 Fordham International Law Journal (2005)

"War and the American Constitutional Order," in The Constitution in Wartime (Mark Tushnet, ed., Duke University Press, 2005). Abridgement of article in 56 Vanderbilt Law Review 1815 (2004)

"How Mead Has Muddled Judicial Review of Agency Action," 58 Vanderbilt Law Review (2005)

"Informed Consent and Biobanks," 33 Journal of Law, Medicine and Ethics  15-21 (2005)

“Economic Theories of Settlement Bargaining,” 1 Annual Review of Law and Social Science 35 (2005) (with Jennifer Reinganum)

"Secrecy and Safety,” 95 (4) American Economic Review 1074 (2005) (with Jennifer Reinganum)

"Making Votes Count in Local Elections: A Mathematical Appraisal of At-Large Representation," 4 Election Law Journal 258 (2005)

"Modeling Corporate Voting and its Implications for the Takeover Debate," 58 Vanderbilt Law Review 453 (2005) (with Randall Thomas)

"Protection of Contractual Rights: A Tale of Two Constitutional Provisions," 1 NYU Journal of Law & Liberty 370 (2005)

Oxford Companion to the Supreme Court, Oxford University Press (2nd ed. 2005) (co-edited with K. Hall and J. Grossman)

"An Empirical Study of Empirical Legal Scholarship: The Top Law Schools," Indiana Law Journal (2005)

"Intellectual Property and Development: The State of Play," 74 Fordham Law Review 505 (2005)

"Towards A New Core International Copyright Norm: The Reverse Three-Step Test," 9 Marquette Intellectual Property Law Review 1 (2005)

"Traditional Knowledge & Intellectual Property: A TRIPS-Compatible Approach," Michigan State Law Review 137 (2005)

Intellectual Property: The Law in Canada (Toronto: Carswell, 2005) (with Elizabeth Judge)

"Accidents of the Great Society," 64 Maryland Law Review 364 (2005) (with Benjamin Zipursky)

"The Constitutional Status of Tort Law: Due Process and the Right to a Law for the Redress of Wrongs," 115 Yale Law Journal 527 (2005)

"Can Judges Ignore Inadmissible Information?: The Difficulty of Deliberately Disregarding," 153 University of Pennsylvania Law Review 1115 (2005) (with Jeffrey J. Rachlinski & Judge Andrew J. Wistrich)

"Exiting Treaties," 91 Virginia Law Review 1579 (2005)

"Why States Create International Tribunals: A Response to Professors Posner and Yoo," 93 California Law Review 899 (2005) (with Anne-Marie Slaughter)

"Smoking Restrictions as a Self-Control Mechanism," 31(1) Journal of Risk and Uncertainty 5 (2005)

21 February 2008: Panelist, Randolph W. Thrower Symposium, Emory Law School, Session: "Integrity of Legal Science," Atlanta, GA

“Regulatory Responses to Global Corporate Scandals,” 23 Wisconsin International Law Journal 368 (2005)

“The Persistent Debate About Convergence in Comparative Corporate Governance,” 27 Sydney Law Review 743 (2005)

"Law and Behavioral Biology," 105 Columbia Law Review 405 (2005) (with Timothy H. Goldsmith)

"Appeal Waivers and the Future of Sentencing Policy," 55 Duke Law Journal 209 (2005) (with Michael O'Neill)

"Jury Sentencing in Non-Capital Cases: Comparing Severity and Variance with Judicial Sentences in Two States," 2 Journal of Empirical Legal Studies 331 (2005) (with Rosevelt Noble)

"The Story of Duncan v. Louisiana," in Criminal Procedure Law Stories (Carol Steiker ed., 2005), reprinted in Issues on Trial: Rights of the Accused (2007)

“Enforcing State Law in Congress’s Shadow,” 90 Cornell Law Review 1411 (2005)

 “The (Legal) Value of Chance: Distorted Measures of Recovery in Private Law” 7 American Law and Economics Review 484 (2005) (with Omri Ben-Shahar)

"The Case for Black Inferiority? What Must Be True if Professor Sander Is Right: A Response to A Systemic Analysis of Affirmative Action in American Law Schools," 5 Connecticut Public Interest Law Journal 41 (2005)

Unlawful Belligerency after September 11: History Revisited and Law Revised," in New Wars, New Laws? Applying the Laws of War to 21st Century Conflicts 75 (David Wippman and Matthew Evangelista eds., 2005)

"Choice of Law for Int