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)

"Federalization’s Competitive Edge: 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)

"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)

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

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)

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

"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)

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)

The Law of Easements and Licenses in Land (revised edition 2001 & supplement 2007)(with James Ely)

"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)

"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)

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)

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

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

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

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)

"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)

"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)

17 September 2008: "How to Value a Life," Western Kentucky University, Bowling Green, KY

"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)

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

"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)

"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

"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)

"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)

"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)

"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)

"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)

"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)

"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

"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)

"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 Internet Transactions: The Uneasy Case for Online Consumer Protection," 153 University of Pennsylvania Law Review 1883 (2005)

Economic Theories of Settlement Bargaining,” 1 Annual Review of Law and Social Science 35 (2005) (with Andrew Daughety)

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

"The Myth of Accountability and the Anti-administrative Impulse," 103 Michigan Law Review 2073 (2005)

Beyond Camelot: Rethinking the Modern State (Princeton University Press, 2005)

"Saving the Race," Legal Affairs (March-April 2005)

A History of the American Constitution (2d ed. 2005) (with Daniel A. Farber)

"The Statutory President," 90 Iowa Law Review 539 (2005)

"Is U.S. CEO Compensation Inefficient Pay Without Performance?: A Review of Lucian Bebchuk and Jesse Fried, Pay Without Performance: The Unfulfilled Promise of Executive Compensation," 103 Michigan Law Review 1142 (2005) (Annual Book Review Survey) (with John Core and Wayne Guay)

"What Do CEOs Bargain For?: An Empirical Study of Key Legal Components of CEO Contracts," 63 Washington & Lee Law Review 231 (2005) (with Stewart J. Schwab)

"The Private Life of Public Law," 105 Columbia Law Review 2029 (2005)

“Order Without Social Norms: How Personal Norm Activation Can Protect the Environment,” 99 Northwestern University Law Review 1101 (2005)

Economics of Regulation and Antitrust (Lexington: D.C. Heath & Co., 1992; Cambridge: MIT Press: 2nd edition 1995, 3rd edition 2000 (translated into Chinese & Ukrainian), 4th edition 2005) (with John Vernon and Joseph E. Harrington, Jr.)

"Authorizations for the Use of Force, International Law, and the Charming Betsy Canon," 46 Boston College Law Review 293 (2005)

"Locking in Capital: What Corporate Law Achieved for Business Organizers in the Nineteenth Century," 51 UCLA Law Review 2 (2003). Republished in Top 10 Corporate Practice Commentator (2004)

"Reforming Corporate Governance: What History Can Teach Us," 1 Berkeley Business Law Journal 1 (2004)

"Relational Investing and Firm Performance," 27 Journal of Financial Research 1 (2004) (with Sanjai Bhagat and Bernard Black)

"Federalism, Founders, and the Court: Remarks on Killenbeck," 57 Arkansas Law Review 69 (2004)

"Judicial Review of Agency Inaction: An Arbitrariness Approach," 79 New York University Law Review 1657 (2004)

Real Estate Finance in a Nutshell (5th edition 2004)

"Examining the Institutional Design of International Investment Law" in Karl P. Sauvant, ed., Appeals Mechanism in International Investment Disputes  (Oxford University Press, 2008, 281-87)

Note, "Sharpening the Sword: Class Certification, Appellate Review, and the Role of the Fiduciary Judge in Class Action Lawsuits," 104 Columbia Law Review 1042 (2004)

"Ethical, Legal, and Social Implication of Genomic Medicine," 349 New England Journal of Medicine  562-9 (2003). Reprinted in Genomic Medicine, Johns Hopkins (2004) (Alan E. Guttmacher, Francis S. Collins & Jeffrey M. Drazen, eds.)

"Willingness-to-Pay for Crime Control Programs," Criminology 1: 86-106 (February 2004) (with Roland Rust, Sara Steen, and Simon Tidd)

“Exploiting Future Settlements: A Signaling Model of Most-Favored-Nation Clauses in Settlement Bargaining,” 35 (3) The Rand Journal of Economics 467 (2004) (with Jennifer Reinganum)

"Law Clerks, Law Reviews, and Some Modest Proposals," 7 Green Bag 335 (2004)

American Legal History: Cases and Materials, Oxford University Press (3rd ed. 2005) (with Kermit L. Hall and Paul Finkelman)

"Tort Law for Federalists (and the Rest of Us): Private Law in Disguise," 28 Harvard Journal of Law & Public Policy 3 (2004) (essay)

Tort Law: Responsibilities and Redress (Aspen Press, 2004) (with A. Sebok & B. Zipursky)

Intellectual Property Rights in Plant Varieties: International Legal Regimes and Policy Options for National Governments. Monograph commissioned by U.N. Food and Agriculture Organization (2004)

"Punitive Damages: How Judges and Juries Perform," 33(1) Journal of Legal Studies 1 (2004) (with W. Kip Viscusi)

“Law, Evolution, and the Brain: Applications and Open Questions," 359 Philosophical Transactions of the Royal Society: Biological Sciences 1697 (2004) (Special Issue: Law and the Brain; Republished in Law and the Brain, Zeki & Goodenough eds., Oxford 2006)

"Harmony or Hegemony? The American Military Role in the Pursuit of Justice," 19 Connecticut Journal of International Law 231 (2004)

"Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common," 79 Chicago-Kent Law Review 1055 (2004)

“Exploiting Future Settlements: A Signaling Model of Most-Favored-Nation Clauses in Settlement Bargaining,” 35 (3) The Rand Journal of Economics 467 (Autumn 2004) (with Andrew Daughety)

“Double Taxation: The Unappreciated Ideal,” 102 Tax Notes 893 (2004)

"Hard Cases Make Good Judges," 99 Northwestern University Law Review 3 (2004)

"The Divergence of Constitutional and Statutory Interpretation," 75 University of Colorado Law Review 1 (2004)