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Professor of Law
Contributions to Books
 "Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in America, (Cambridge University Press, Francis J. Mootz, III, ed., 2009).
"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).
"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).
"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)
"Epstein's Property," 19 QLR 697 (2000).
Book Reviews
"Rule-Oriented Realism," 103 Michigan Law Review 1578-94 (2005) (reviewing Hanoch Dagan, The Law and Ethics of Restitution).