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Working Papers
"Properties of Community" (with Eduardo M. Penalver), Cornell Legal Studies Research Paper No. 07-020 (October 29, 2007). Available at SSRN.
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Books
The Global Debate Over Constitutional Property: Lessons for American Takings Jurisprudence (Chicago: University of Chicago Press, 2006).
Casebooks
Family Property Law: Cases and Materials on Wills, Trusts, and Future Interests (with Lawrence W. Waggoner, Mary Louise Fellows, and Thomas P. Gallanis) (New York: Foundation Press, 4th ed. 2006).
Teacher's Manual for Property (with Jesse Dukeminier, James Krier, Michael H. Schill) (New York, NY: Aspen Publishers, 6th ed. 2006).
Property (with Jesse Dukeminier, James Krier, and Michael Schill) (New York: Aspen Pub., 6th ed. 2006).
Articles
"The Ambiguous Work of 'Natural Property Rights," 9 University of Pennsylvania Journal of Constitutional Law 477-482 (2007).
"The Social-Obligation Norm in American Property Law," Forthcoming, Cornell Law Review (2008).
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"Forty Years of Codification of Estates and Trusts Law: Lessons for the Next Generation" (with Mary Louise Fellows), 40 Georgia Law Review 1049-85 (2006).
"Trust Protectors: Who Will Watch the Watchmen?" 27 Cardozo Law Review 2807-11 (2006).
"Eminent Domain and Secondary Rentseeking," 1 New York University Journal of Law & Liberty 958-66 (2005).
Articles
"Educating Students About the Critiquing Process in a Lawyering Skills Course," XIV The Law Teacher 10 (Fall 2006).
Working Papers
"Anti-Foreign-Suit Injunctions to Enforce Arbitration Agreements," Cornell Legal Studies Research Paper No. 07-024 (October 17, 2007). Available at SSRN.
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"Harmonizing Preferential Rules of Origin in the WTO System," Cornell Legal Studies Research Paper No. 06-049 (December 19, 2006). Available at SSRN.
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Casebooks
Documents Supplement to International Commercial Arbitration: A Transnational Perspective (with Tibor Várady and Arthur T. von Mehren) (St. Paul, MN: Thomson/West, 3d ed. 2006).
International Commercial Arbitration: A Transnational Perspective (with Tibor Várady and Arthur T. von Mehren) (St. Paul, MN: Thomson/West, 3d ed. 2006).
Electronic Publications
"The Status of WTO Rules in U.S. Law" in Rethinking the World Trading System (ed. with H. Corbet) (Lexington Books, 2006) Available at SSRN.
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Working Papers
"Every Juror Wants a Story, Story: Narrative Relevance, Third Party Guild and the Right to Present a Defense" (with Sheri Lynn Johnson and Emily C. Paavola), Cornell Legal Studies Research Paper No. 06-042 (November 1, 2006). Available at SSRN.
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Articles
""It's Like Déjà Vu All Over Again:" Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard and a (Partial) Return to the Guidelines Approach to the Effective Assistance of Counsel" (with Stacey Neumann), forthcoming in American Journal of Criminal (2007). Available at SSRN.
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"The Dilemma of the Criminal Defendant with a Prior Record - Lessons from the Wrongfully Convicted," forthcoming in the Journal of Empirical Legal Studies (2007). Available at SSRN.
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"Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, and Cumulative Harmless Error" (with Christopher Seeds), 95 Journal of Criminal Law and Criminology 1153-94 (2005).
"AEDPA: The "Hype" and the "Bite," 91 Cornell Law Review 259-302 (2006).
"Education and Interrogation: Comparing Brown and Miranda" (with Sheri Lynn Johnson and Ross Feldmann), 90 Cornell Law Review 321-45 (2005).
"Killing the Willing: "Volunteers," Suicide and Competency," 103 Michigan Law Review 939-1009 (2005).
"Killing the Willing: "Volunteers," Suicide, and Competency," 31 Cornell Law Forum 2 (Spring 2005).
Books
Cases and Materials on Feminist Jurisprudence: Taking Women Seriously (with Mary Becker, Victoria F. Nourse, and Kimberly A. Yuracko) (3d ed. West Publishing 2006) (2d ed. 2001; orig. pub’d 1994)
Working Papers
"Cafa Judicata: A Tale of Waste and Politics" (with Theodore Eisenberg), Cornell Legal Studies Research Paper No. 07-018 (September 2007). Available at SSRN.
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Books
The Judicial Code and Rules of Procedure in the Federal Courts: Together with the Constitution and Selected Statutes of the United States (compiler) (New York, N.Y.: Foundation Press, Rev. 2006).
Civil Procedure Stories (editor) (New York, N.Y.: Foundation Press, Rev. ed. 2008).
Federal Rules of Civil Procedure: 2005 (editor) (New York, N.Y.: Foundation Press, Rev. ed. 2005).
The Judicial Code and Rules of Procedure in the Federal Courts: Together with the Constitution and Selected Statutes of the United States (compiler) (New York, N.Y.: Foundation Press, Rev. 2005).
Principles of Civil Procedure (St. Paul, Minn.: Thomson/West, 2005) (Concise Hornbook Series).
Contributions to Books
"French Article 14 Jurisdiction, Viewed from the United States," (with John R.B. Palmer) in De tous horizons (Sociétéde législation comparée, Xavier Blanc-Jouvan, 2005).
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Articles
"Xenophilia or Xenophobia in American Courts? Before and After 9/11" (with Theodore Eisenberg), 4 J. Empirical Legal Studies 441-464 (2007).
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"Integrating Transnational Perspectives into Civil Procedure: What Not to Teach," 56 Journal of Legal Education 524-538 (2006).
"Federal Courts, Practice & Procedure: Reverse-Erie," 82 Notre Dame Law Review 1-58 (2006).
"Exorbitant Jurisdiction" (with John R.B. Palmer), 58 Maine Law Review 474 (2006).
"Jurisdictional Fact," 91 Cornell Law Review 973-1020 (2006).
"The Role of Private International Law in The United States: Beating the Not-Quite-Dead Horse of Jurisdiction," 2 CILE Studies 75-114 (2005).
"Trial by Jury: Point/Counterpoint," 31 Cornell Law Forum 10 (Spring 2005).
Books
Reforming the Court: Term Limits for Supreme Court Justices (editor with Paul D. Carrington) (Durham, N.C.: Carolina Academic Press, 2006).
Articles
"Comments" (Symposium: [The Future of Law Practice in the United States/Connecticut]), 24 QLR 529-38 (2006).
"Recalling the Legal Services Corporation's Critical First Steps," 31 Cornell Law Forum 7 (Spring 2005).
Miscellaneous
Proposed New York Rules of Professional Conduct: Report and Recommendations of Committee on Standards of Attorney Conduct (Albany, N.Y.: New York State Bar Assocation, 2 vols. September 30, 2005).
Working Papers
"Cafa Judicata: A Tale of Waste and Politics" (with Kevin M. Clermont), Cornell Legal Studies Research Paper No. 07-018 (September 2007). Available at SSRN.
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"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Michael Heise), Cornell Legal Studies Research Paper No. 07-006 (May 22, 2007). Available at SSRN
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"Do Juries Add Value?: Evidence from an Empirical Study of Jury Trial Waiver Clauses in Large Corporate Contracts" (with Geoffrey Miller), Cornell Law School Legal Studies Research Paper Series (November 26, 2006). Available at SSRN.
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"The Relation Between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards" (with Valerie P. Hans and Martin T. Wells), Cornell Law School
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Articles
"Xenophilia or Xenophobia in American Courts? Before and After 9/11" (with Kevin Clermont), 4 J. Empirical Legal Studies 441-464 (2007).
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"Comment, Evidence of the Need for Aggregate Litigation,"163 Journal of Institutional & Theoretical Economics 158 (2007).
“The Flight from Arbitration: An Empirical Study of Ex Ante Arbitration Clauses in the Contracts of Publicly Held Companies” (with Geoffrey P. Miller), 56 DePaul Law Review 335-374 (2007).
"Assessing the SSRN-Based
"Ex Ante Choice of Law and Forum: An Empirical Analysis of Corporate Merger Agreements" (with Geoffrey Miller), 59 Vand L. Rev. 1975-2013 (2006).
"Use it or Pretenders will Abuse It: The Importance of Archival Legal Information 75 UMKC Law Review 1-23 (2006).
"Incentive Awards to Class Action Plaintiffs: An Empirical Study" (with Geoffrey Miller), 53 UCLA Law Review 1303-1351 (2006).
"Commentary: Assessing the SSRN-Based Law School Rankings," 81 Indiana Law Journal 285-91 (2006).
"The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer" (with Martin T. Wells), 3 Journal of Empirical Legal Studies 175-95 (2006).
"The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer" (with Martin Wells), 3 Journal of Empirical Legal Studies 169 (2006).
"Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data" (with Paula L. Hannaford-Agor, Michael Heise, Neil LaFountain, G. Thomas Munsterman, Brian Ostrom, and Martin T. Wells), 3 Journal of Empirical Legal Studies 263-95 (2006).
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Contributions to Books
"Due Process at Rashomon Gate: The Stories of Mathews v. Eldridge," in Administrative Law Stories (New York, N.Y.: Foundation Press, Peter L. Strauss, ed. 2006).
Articles
"Self-Defenses and the Mistaken Racist," 11 New Criminal Law Review 119-171 (2008).
“Questions of Mercy,” 4
"What's Wrong with Involuntary Manslaughter?" 85 Texas Law Review 333-83 (2006).
"Expert Testimony in Capital Sentencing: Juror Responses" (with John H. Montgomery, J. Richard Ciccone, & Theodore Eisenberg), 33 The Journal of the American Academy of Psychiatry and the Law 509-18 (2005).
Articles
"Legal Information Management in a Global and Digital Age: Revolution and Tradition,"
35 International Journal of Legal Information 134 (Summer 2007).
Working Papers
"Science in the Jury Box: Jurors' Views and Understanding of Mitochondrial DNA Evidence" (with David H. Kaye, Judge B. Michael Dann, Erin J. Farley, and Stephanie Albertson), Cornell Legal Studies Research Paper No. 07-021 (October 29. 2007). Available at SSRN.
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"After the Crash: Citizens' Perceptions of Connective-Tissue Injury Lawsuits" (with Nicole Vadino), Cornell Legal Research Paper No. 07-016 (September 5, 2007). Available at SSRN.
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Books
American Juries: The Verdict (with N. Vidmar) (NY: Prometheus Books, 2007).
The Jury System: Contemporary Scholarship (editor) (Aldershot, Eng.: Ashgate Publishing, 2006).
Contributions to Books
"Pyschological Analysis of Juries" in the Encyclopedia of Law and Society: American and Global Perspectives (Thousand Oaks, CA: Sage Publications, D.S Clark ed., in press.)
"Introduction: Issues in Contemporary Jury Scholarship" in The Jury System: Contemporary Scholarship (Hampshire, England: Ashgate Publishing Ltd., V.P. Hans ed., 2006).
"Jury Research Ethics and the Integrity of Jury Deliberations" in Jury Ethics: Juror Conduct and Jury Dynamics (Herndon, VA: Paradigm Publishers, J. Kleinig and J.P. Levine, eds., 2006
Articles
"Judges, Juries, and Scientific Evidence," 16 Journal of Law and Policy 19-46 (2007).
"Deliberation and Dissent: 12 Angry Men Verus the Empirical Reality of Juries," 82 Chicago-Kent Law Review 579-589 (2007).
"Can Jury Trial Innovations Improve Juror Understanding of DNA Evidence?" (with B. Michael Dann and David H. Kaye), 255 National Institute of Justice Journal 2 (November 2006).
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"The Twenty-First Century Jury: Worst of Times or Best of Times?," 1 Criminal Law Brief 3-8 (2006).
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"Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven and Zeisel's The American Jury" (with Theodore Eisenberg, Paula Hannaford-Agor, Nicole L. Mott, G. Thomas Munsterman, Stewart J. Schwab, Martin T. Wells), 2 Journal of Empirical Legal Studies 171-206 (2005). Available at SSRN.
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Articles
"'Why Can't a Woman Be More Like a Man?' American and Australian Approaches to Exclusionary Conduct" (with Rhonda L. Smith), 31 Melbourne University Law Review 1099 (December 2007).
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"The Quiet Revolution in U.S. Antitrust Law," 26 The University of Queensland Law Journal 27-37 (2007).
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Working Papers
"The Story of San Antonio Independent School Dist. v. Rodriguez: School Finance, Local Control, and Constitutional Limits," Cornell Legal Studies Research Paper No. 07-015 (September 2, 2007). Available at SSRN.
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"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Theodore Eisenberg), Cornell Legal Studies Research Paper No. 07-006 (May 22, 2007). Available at SSRN.
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Contributions to Books
"Adequacy Litigation in an Era of Accountability," in School Money Trials: The Legal Pursuit Of Educational Adequacy (with Martin R. West & Paul E. Peterson, eds.)(Washington , D.C.
Articles
"The 2006 Winthrop and Frances Lane Lecture: The Unintended Legal and Policy Consequences of the No Child Left Behind Act," 86 Nebraska Law Review 119-141 (2007).
"Litigated Learning, Law’s Limits, and Urban School Reform Challenges," 85 North Carolina
"Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data" (with Theodore Eisenberg, Paula L. Hannaford-Agor, Neil LaFountain, G. Thomas Munsterman, Brian Ostrom, and Martin T. Wells), 3 Journal of Empirical Legal Studies 263-95 (2006).
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"The Political Economy of Education Federalism," 56 Emory Law Journal 125-57 (2006).
"No Lawsuit Left Behind: Chief Justice Roberts, the Schoolmaster?," 6:1 Education Next 30 (Winter 2006).
Casebooks
The Torts Process (with John Siliciano, Richard N. Pearson, and Douglas A. Kysar) (New York: Aspen Pub., 7th ed. 2007).
Working Papers
"How to Create a Commercial Calamity," Cornell Legal Studies Research Paper No. 06-003 (February 23, 2006). Available at SSRN.
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Articles
"On-Line Boilerplate: Would Mandatory Website Disclosure of E-Standard Terms Backfire?" 104 Michigan Law Review 837-56 (2006).
Working Papers
"Insource the Shareholding of Outsourced Employees: A Global Stock Ownership Plan," Cornell Legal Studies Research Paper No. 08-005 (March 18, 2008). Available at SSRN.
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"Taking Distribution Seriously," Cornell Legal Studies Research Paper No. 08-004 (March 18, 2008). Available at SSRN.
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Articles
"What Kind of Stock Ownership Plans Should There Be? Of ESOPs, other SOPs, and 'ownsership societies'," 92 Cornell Law Review 865-952 (2007).
"Institutional Fixes Versus Fixed Institutions," 39 Cornell International Law Journal 537-544 (2006).
"The Limits of Their World," 90 Minnesota Law Review 1720-90 (2006) (review of Jack L.Goldsmith & Eric A. Posner, The Limits of International Law).
"Why (Only) ESOPs?" 12 Stanford Journal of Law, Business & Finance 84-120 (2006).
"A Jeffersonian Republic by Hamiltonian Means: Values, Constraints & Finance in an Authentic American 'Ownership Society,'" 32 Cornell Law Forum 2-12 (2005).
"A Jeffersonian Republic by Hamiltonian Means: Values, Constraints, and Finance in the Design of a Comprehensive and Contemporary American 'Owership Society,'" 79 Southern Califorinia Law Review 45-164 (2005).
"Whose Ownership? Which Society?," 27 Cardozo Law Review 1-103 (2005).
"The Deep Grammar of Distribution: A Meta-Theory of Justice," 26 Cardozo Law Review 1179 (2005).
"From "Mission Creep" to Gestalt-Switch: Justice, Finance, the IFIs, and Globalization’s Intended Beneficiaries," 37 George Washington International Law Review 167-205 (2005).
"Three (Potential) Pillars of Transnational Economic Justice: The Bretton Woods Institutions as Guarantors of Global Equal Treatment and Market Completion," 36 Metaphilosophy 93 (2005).
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Articles
"Race and Recalcitrance: The Miller-El remands," 5 Ohio
"Looking Deathworthy: Perceived Stereotypicality of Black Defendants Predicts Capital Sentencing Outcomes" (with Jennifer Eberhardt, Paul Davies, and Valerie Purdie-Vaughns), Psychological Science 17 (5), 383–386 (2006).
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"Wishing Petitioners to Death: Factual Misrepresentations in Fourth Circuit Capital Cases," 91 Cornell Law Review 1105-57 (2006).
Working Papers
"Regulating from Nowhere: Domestic Environmental Law and the Nation-State Subject" (with Ya Wei Li), Cornell Legal Studies Research Paper No. 07-011 (June 28, 2007). Available at SSRN.
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Casebooks
The Torts Process (with James A. Henderson, John Siliciano, and Richard N. Pearson) (New York: Aspen Pub., 7th ed. 2007).
Contributions to Books
"Empower People," in A New Progressive Agenda for Public Health and the Environment: A Project of the Center for Progressive Regulation, August 2004 (Durham, NC: Carolina Academic Press, Christopher H. Schroeder and Rena Steinzor, eds., 2005).
"Feminism and Eutrophic Methodologies," in Feminism Confronts Homo Economicus (Durham, NC: Duke University Press, Martha A. Fineman and Terence Dougherty, eds. 2002; Ithaca, NY: Cornell University Press, 2005).
Articles
"Discounting, on Stilts," 74 University of Chicago Law Review 119-138 (2007).
"It Might Have Been: Risk, Precaution and Opportunity Costs," 22 Journal of Land Use and Environmental Law 1-57 (2006).
"Medical Malpractice Myths and Realities: Why an Insurance Crisis is Not a Lawsuit Crisis" (with Thomas O. McGarity and Karen Sokol), 39 Loyola of Los Angeles Law Review 785 (2006).
"Sustainable Development and Private Global Governance," 83 Texas Law Review 2109-66 (2005).
Articles
"Reflections on Lee" (In Memoriam: Lee E. Teitelbaum 1941-2004), 7 Journal of Law & Family Studies 495-96 (2005).
"The European Pasteurization of French Law," 90 Cornell Law Review 995-1083 (2005).
Working Papers
"Finding and Citing the 'Unimportant' Decisions of the U.S.
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"Online Access to Court Records - from Documents to Data, Particulars to Patterns," Cornell Legal Studies Research Paper No. 08-003 (March 14, 2008). Available at SSRN.
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"Reconfiguring Law Reports and the Concept of Precedent for a Digital ," Cornell Legal Studies Research Paper No. 07-013 (August 2007). Available at SSRN.
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Working Papers
"Substitute Chancellors: The Role of the Jury in the Contest between Common Law and Equity," Cornell Legal Studies Research Paper No. 06-007 (February 10, 2006). Available at SSRN.
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Contributions to Books
"Transparency and Textuality: Wilkie Collins' Law Books," in The Secrets of Law (Stanford UP, forthcoming 2007).
Articles
"Daniel Defoe and the Written Constitution," forthcoming 94 Cornell Law Review 1 (2008).
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"The Limits of Group Rights: Religious Institutions and Religious Minorities in International Law," 22 St. John's Journal of Legal Commentary 535-558 (2007).
"Economic Emergency and the Rule of Law," DePaul Law Review (2007). Available at SSRN.
"Towards a Common Law Originalism," 59 Stanford Law Review 551 (December 2006).
"The Court's Purpose: Secular or Anti-strife?," 32 Cornell Law Forum 14-16 (Spring 2006).
"The Equal Protection of Free Exercise: Two Approaches and Their History," 47 Boston College Law Review 275-344 (2006).
Contributions to Books
"The State Attorney General and Preemption," in Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question (William Buzbee ed., forthcoming 2008). Available at SSRN.
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Articles
"Suspension and the Extrajudicial Constitution," 107 Columbia Law Review 1533 (2007).
"Constitutional Avoidance in the Executive Branch," 106 Columbia Law Review 1189 (2006).
"All Three Branches: Institutional Process, Habeas Corpus, and the Detention of Enemy Combatants," 32 Cornell Law Forum 8-13 (Spring 2006).
"Hamdi's Habeas Puzzle: Suspension as Authorization?," 91 Cornell Law Review 411-57 (2006).
"Overlooked in the Tort Reform Debate: The Growth of Erroneous Removal" (with Theodore Eisenberg) 2 Journal of Empirical Legal Studies 551-76 (2005).
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"Private Attorneys General and the First Amendment," 103 Michigan Law Review 589-675 (2005).
Book Reviews
Books
Security, Reconstruction, and Reconciliation: When the Wars End (editor) (University College London Press 2007).
Democratic Reform in Africa: Its Impact on Governance and Poverty Alleviation (editor) (Oxford, Eng.: James Currey, Ltd.; Athens, Ohio: Ohio University Press, 2006).
Contributions to Books
“Enhancing the role of women in electoral processes in postconflict countries: constitutional and legislative measures," Security, Reconstruction, and Reconciliation: When the Wars End (University College London Press 2007).
Articles
“Imagine a World without Hunger: The Hurdles of Global Justice,” 39 Cornell International Law Journal 779 (2006).
Working Papers
"Properties of Community" (with Gregory S. Alexander), Cornell Legal Studies Research Paper No. 07-020 (October 29, 2007). Available at SSRN.
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"Is Public Reason Counterproductive?" Cornell Legal Studies Research Paper No. 07-004 (April 17, 2007). Available at SSRN.
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Articles
"Property Outlaws" (with Sonia K. Katyal), 155 University of Pennsylvania Law Review 1095-1186 (2007).
"Restoring the Right Constitution?," (Reviewing Randy E. Barnett, Restoring the Lost Constitution: The Presumption of Liberty.), 116 Yale Law Journal 732-766 (2007).
"Property Metaphors and Kelo v. New London: Two Views of the Castle," 74 Fordham Law Review 2971-2976 (2006).
"Treating Religion as Speech: Justice Stevens's Religion Clause Jurisprudence," 74 Fordham Law Review 2241-2257 (2006).
Miscellaneous
"Are Illegal Immigrants Pioneers?," Commonweal Magazine (May 2, 2006).
"American Pioneers--or 'Illegals?,'" Washington Post (April 16, 2006).
Working Papers
"Unconscious Bias and the 2008 Presidential Election," (with Gregory Scott Parks) Cornell Legal Studies Research Paper No. 08-007 (March 4, 2008). Available at SSRN.
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Contributions to Books
"The Psychology of Conflict of Laws," in The Need for a European Contract Law (Groningen, The Netherlands: Europa Law Publishing, Jan Smits, ed., 2005)
Articles
"Bottom-up Versus Top-Down Lawmaking," 73 University of Chicago Law Review 933-964 (2006).
"Cognitive Errors, Individual Differences, and Paternalism," 73 University of Chicago Law Review 207-229 (2006).
"Inside the Bankruptcy Judge's Mind" (with Chris Guthrie and Magistrate Judge Andrew J. Wistrich), 86 Boston University Law Review 1227-1265 (2006).
"Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding" (with Judge Andrew J. Wistrich and Chris Guthrie), 153 University of Pennsylvania Law Review 1251-345 (2005).
Books
Documents: Artifacts of Modern Knowledge (editor) (Ann Arbor, MI: University of Michigan Press, 2006).
Contributions to Books
"And Never the Twain Shall Meet? An Exchange on the Strengths and Weaknesses of Anthropology and Economics in Analyzing the Commons" (with Ravi Kanbur), in Conversations between Anthropologists and Economists, (Blackwell Press, Pranab Bardhan and Isha Ray, eds, forthcoming).
"Deadlines," in Documents: Artifacts of Modern Knowledge (A. Riles, ed.)(Ann Arbor, MI: University of Michigan Press, 2006).
"Introduction," in Documents: Artifacts of Modern Knowledge (A. Riles, ed.) (Ann Arbor, MI: University of Michigan Press, 2006).
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"Real Time," in Frontiers of Capital: Ethnographic Reflections on the New Economy. (Duke University Press, Melissa S. Fisher and Greg Downey, eds., 2006.)
"Comparative Law and Socio-legal Studies," in Oxford Handbook of Comparative Law 775-814 (Reinhardt Zimmerman and Mathias Reimann, eds. 2006).
Articles
"The Anti-Network: Global Private Law, Legal Knowledge, and the Legitimacy of the State," (Forthcoming 56 American Journal of Comparative Law 3 Symposium Issue: Beyond the State: Rethinking Private Law (Summer 2008); to be published also in Rabels Zeitschrift special volume.
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"The Return of the Private: Private International Law Meets Global Governance," (Forthcoming Law & Contemporary Problems 2008).
"Documenting Ethics, Papering Consent: The New Bureaucracies of Virtue," Introduction (with Marie-Andree Jacob) Political and Legal Anthropology Review Vol 30, No 2, pp.181-191 (2007).
"Cultural Conflicts," (Forthcoming Law & Contemporary Problems 2008.)
"Wigmore’s Shadow," Triquarterly v. 124, pp. 193-212 (2006).
"Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage," in Finnish Yearbook of International Law, Vol. XV, 2004, pp. 9-38 (2006).
"Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage," American Anthropologist, Vol. 108, No.1, pp. 52-65 (March 2006).
Books
McCormick on Evidence (cont. ed., with Kenneth S. Broun, gen. ed.) (St. Paul, Minn.: Thomson/West, 6th ed. 2006) (Practitioner Treatise Series).
Articles
Contributions to Books
"Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in America
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Articles
"Unjust Enrichment and Creditors," The Review of Litigation (forthcoming 2008).
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"Love, Money, and Justice: Restitution Between Cohabitants," 77 University of Colorado Law Review 711-37 (2006).
Book Reviews
"Rule-Oriented Realism," 103 Michigan Law Review 1578-94 (2005) (reviewing Hanoch Dagan, The Law and Ethics of Restitution).
Casebooks
The First Amendment: Cases, Comments Questions (with Jesse H. Choper) (St. Paul, MN: Thomson/West, 4th ed. 2006).
Constitutional Law: Cases, Comments, Questions (with Jesse H. Choper, Richard H. Fallon, Jr., and Yale Kamisar) (St. Paul, MN: Thomson/West, 10th ed. 2006).
Casebooks
The Torts Process (with James A. Henderson, Richard N. Pearson, and Douglas A. Kysar) (New York: Aspen Pub., 7th ed. 2007).
Casebooks
Issues and Perspectives in Conflict of Laws: Cases and Materials (Durham, Carolina Academic Press, 4th ed. 2005).
Articles
"To Teach or Not to Teach," 39 University of Toledo Law Review 375-381 (2008).
Articles
"A New Labor Law for a New World of Work: The Case for a Comparative-Transnational Approach," 28 Comparative Labor Law & Policy Journal 565-581 (Spring 2007).
"Legal Protections for Atypical Employees: Employment Law for Workers without Workplaces and Employees without Employers," 27 Berkeley Journal of Employment and Labor Law 251-286 (2006).
"Procedural Justice in the Boundaryless Workplace: The Tension Between Due Process and Public Policy," 80 Notre Dame Law Review 501-21 (2005).
Books
Form and Function in a Legal System: A General Study (Cambridge; New York: Cambridge University Press, 2006).
Working Papers
"Jurisprudence and Judicial Ethics," Cornell Legal Studies Research Paper No. 08-009(2008). Available at SSRN.
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Books
Legal Ethics, Moral Obligation, and Fidelity to Law, under contract with Princeton University Press.
The Law and Ethics of Lawyering (with Geoffrey C. Hazard, Jr., Susan P. Koniak, Roger C. Cramton, and George M. Cohen), Foundation Press, 5th ed. in progress. The Law
Legal Ethics: Professional Ethics and Personal Integrity, co-edited with Tim Dare of the University of Auckland Philosophy Department.
Contributions to Books
Personal Integrity and the Conflict Between Ordinary and Institutional Values, forthcoming as a chapter in Dare and Wendel, Legal Ethics: Professional Ethics and Personal Integrity (Cambridge Scholars Press).
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Articles
"Lawyers as Quasi-Public Actors," forthcoming Alberta Law Review 2008 (Symposium in honor of the 100th anniversary of the Law Society of Alberta (Canada
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"Moral Judgment and Professional Legitimation," 51 St. Louis University Law Journal 1071-1090 (2007).
"Lawyers, Citizens, and the Internal Point of View," 75 Fordham Law Review 1473-1499 (2006).
Book Reviews
"The Banality of Evil and the First Amendment," 102 Michigan Law Review 1404-22 (2004) (Review of Alexander Tsesis, Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements).
Books
Can Might Make Rights?: Building the Rule of Law After Military Interventions (with Jane Stromseth and Rosa Brooks) (New York: Cambridge University Press, 2006).
International Law: Norms, Actors, Process: A Problem-oriented Approach (with Jeffrey L. Dunoff and Steven R. Ratner) (New York: Aspen Publishers, 2nd ed., 2006).
New Wars, New Laws? Applying the Laws of War in 21st Century Conflicts (edited with Matthew Evangelista)(Ardsley, NY: Transnational Publishers, 2005).