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Professor of Law
Books
Demystifying Legal Reasoning (with Larry Alexander) (New York : Cambridge University Press, 2008).

The Rule of Rules: Morality, Rules, and the Dilemmas of Law (with Larry Alexander) (Durham, NC: Duke University Press, 2001).

Casebooks
Ames, Chafee, and Re On Remedies: Cases and Materials (with Theodore Eisenberg and Joseph R. Re) (New York: Foundation Press, 2012).  
Contributions to Books

"The Rules of Obligations," in The Goals of Private Law (Oxford; Portland, Or.: Hart; Andrew Robertson, Hang Wu Tang, eds., 2009).

"Features of Judicial Reasoning," in The Psychology of Judicial Decision Making (D. Klein & G. Mitchell, eds., 2010).
 "Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in America, (Cambridge University Press, Francis J. Mootz, III, ed., 2009).
"Legal Positivism and the Taxonomy of Private Law," in Structure and Justification in Private Law: Essays for Peter Birks (Oxford : Hart Publishing Ltd; Charles Rickett, ed., 2008).
"The Story of Conley: Precedent by Accident," in Civil Procedure Stories 281 (Kevin M. Clermont, ed., 2d ed. 2008).
"Judges as Rule Makers" (with Larry Alexander), in Common Law Theory 27 (Cambridge University Press; Douglas Edlin, ed., 2007).
"The Story of Conley: Precedent by Accident," in Civil Procedure Stories 281 (New York: Foundation Press, Kevin M. Clermont, ed., 2004).

"A Comparative Puzzle: Standards of Proof" (with Kevin M. Clermont), in Law and Justice in Multistate World: Essays in Honor of Arthur T. Von Mehren (Ardsley, N.Y.: Transnational Publishers, James A.R. Nafziger and Symeon Symeonides, eds. 2002).

"Interpreting Rules: The Nature and Limits of Inchoate Intentions" (with Larry Alexander), in Legal Interpretation In Democratic States (Ashgate/Dartmouth, Jeffrey Goldsworthy and Tom Campbell, eds. 2002)

"Guido Calabresi," in New Palgrave Dictionary of Economics and the Law (Palgrave Macmillan; Peter Newman, ed., 1998).
Articles
"Why In Re Omegas Group Was Right: An Essay on the Legal Status of Equitable Remedies," 92 Boston University Law Review 885 (2012).
" Interpreting Tort Law," 39 Florida State University Law Review 227 (2011).
"The Truth About Property Rules: Some Obstacles to the Economic Analysis of Remedies." 2 Washington University Jurisprudence Review 39-74 (2010).
"Legal Taxonomy," 15 Legal Theory 25-54 (2009).
"Mandatory Arbitration for Customers but not for Peers: A Study of Arbitration Clauses in Consumer and Non-Consumer Contracts" (with G. Miller, and E. Sherwin), 92 Judicature 118 (2008).
"The Jurisprudence of Pleading: Rights, Rules, and Conley v. Gibson," 52 Howard Law Journal 73 (2008).
"Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts," (with Theodore Eisenberg and Geoffrey P. Miller) 41 University of Michigan Journal of Law Reform 871 (2008).
"Unjust Enrichment and Creditors," 27 The Review of Litigation 141 (2008).
"Three Reasons Why Even Good Property Rights Cause Moral Anxiety," 48 William and Mary Law Review 1927 (2007).
"Love, Money, and Justice: Restitution Between Cohabitants," 77 University of Colorado Law Review 711-37 (2006); previously entitled "Unjust Enrichment in Heartbreak Cases" (August 2004).
"Judges as Rulemakers," 73 University of Chicago Law Review 919 (2006).
"Reparations and Unjust Enrichment," 84 Boston University Law Review 1443-65 (2004).
"Why We Write:  Reflections on Legal Scholarship," 41 San Diego Law Review 1739-40 (2004).
"Compensation and Revenge," 40 San Diego Law Review 1387-413 (2003).
"Deception in Morality and Law" (with Larry Alexander), 22 Law and Philosophy 393 (2003).
"Designing Judicial Review: Comments on Schauer," 22 Law and Philosophy 241 (2003).
"Nonmaterial Misrepresentation: Damages, Rescission, and the Possibility of Efficient Fraud," 36 Loyola of Los Angeles Law Review 1017 (2003).
"Clear and Convincing Evidence of Testamentary Intent: The Search for a Compromise Between Formality and Adjudicative Justice," 34 University of Connecticut Law Review 453 (2002)
"A Comparative View of Standards of Proof" (with Kevin M. Clermont), 50 American Journal of Comparative Law 243 (2003) reprinted in 47 China Law Journal (2002).
"Restitution and Equity: An Analysis of the Principle of Unjust Enrichment," 79 Texas Law Review 2083 (2001)
"Rules and Judicial Review," 6 Legal Theory 299-321(2000).
"Epstein's Property," 19 QLR 697 (2000).
"An Exchange on the Nature of Legal Theory, Introduction," 37 San Diego Law Review 727 (2000).
"A Defense of Analogical Reasoning in Law," 66 University of Chicago Law Review 1179 (1999).
"Legal Rules and Social Reform," 36 San Diego Law Review 455 (1999).
"Ducking Dred Scott: A Reply to Alexander and Schauer," 15 Constitutional Commentary 65 (1998).
"The Limits of Feminism," 9 Journal of Contemporary Legal Issues 249 (1998).
"Two- and Three- Dimensional Property Rights," 29 Arizona State Law Journal 1075 (1998).
"Introduction: Property Rules as Remedies, in Symposium, Property Rules, Liability Rules, and Inalienability: A Twenty-Five Year Retrospective," 106 Yale Law Journal 2083 (1997).
"Infelicitous Sex," 2 Legal Theory 209 (1996).
"How Liberal Is Liberal Equality? (A Comment on Ronald Dworkin's Tanner Lecture)," 1 Legal Theory 227 (1995).
"Epstein & Levmore, Objections From the Right? (with Maimon Schwarzschild), 67 Southern California Law Review 1451 (1995).
"The Deceptive Nature of Rules," (with Larry Alexander), 142 University of Pennsylvania Law Review 1191 (1994).
"Contribution Arguments in Commercial Law" (with Steven Walt), 42 Emory Law Journal 897 (1993).
"An Essay on Private Remedies," 6 Canadian Journal of Law and Jurisprudence 89 (1993).
"Why is Corrective Justice Just?", 15 Harvard Journal of Law and Public Policy 839 (1992).
"A Comment on Cass Sunstein's Equality," 9 Constitutional Commentary 189 (1992).
"Law and Equity in Contract Enforcement," 50 Maryland Law Review 253 (1991).
"Constructive Trusts in Bankruptcy, 1989 University of Illinois Law Review 297 (1990).
"Creditors' Rights Against Participants in a Leveraged Buyout," 72 Minnesota Law Review 449 (1988).
"The Bubble Concept in Water Pollution Control," 60 Boston University Law Review 686 (1981).
Book Reviews
"Rule-Oriented Realism," 103 Michigan Law Review 1578-94 (2005) (reviewing Hanoch Dagan, The Law and Ethics of Restitution).
Review of Alan H. Goldman, Practical Rules: When We Need Them and When We Don’t, 113 Ethics 414 (2003)
Book Review, Philosophy in Review 160 (1999), reviewing Cultural Software: A Theory of Ideology, by J. M. Balkin.