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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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Articles
"The Social-Obligation Norm in American Property Law," Forthcoming, Cornell Law Review (2008).
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Working Papers
"Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement" 42 Cornell International Law Journal Also; Cornell Legal Studies Research Paper No. 08-035 (Dec 10, 2008). Available at SSRN
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"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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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
"The Death Penalty in Delaware: An Empirical Study" (With Theodore Eisenberg, Sherri Lynn Johnson, and Valerie P. Hans) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
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Articles
"Crime Labs and Prison Guards: a Comment on Melendez-Diaz and its Potential Impact on Capital Sentencing Proceedings," (with Emily Paavola), 3 Charleston Law Review 205 (2009).
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"The Dilemma of the Criminal Defendant with a Prior Record- Lessons from the Wrongfully Convicted," 5 Journal of Empirical Legal Studies 477 (2008).
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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)
Articles
"Leaving the House: The Constitutional Status of Resignation from the House of Representatives," 58 Duke Law Journal 177 (2008).
Working Papers
"Litigation Realities Redux," Cornell Legal Studies Research Paper No. 08-006 (March 22, 2008). Available at SSRN.
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Books
Civil Procedure Stories (editor) (New York, N.Y.: Foundation Press, Rev. ed. 2008).
Articles
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Stuart J. Schwab), 3 Harvard Law and Policy Review 103. (2009)
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"Cafa Judicata: A Tale of Waste and Politics" (with Theodore Eisenberg), 156 University of Pennylvania Law Review 1553 (2008).
Book Reviews
Books
When Sex Counts: Making Babies and Making Law (Rowman and Littlefield, 2007).
Articles
"Why is Torture 'Different' and How 'Different' Is It?," Cardozo Law Review (Forthcoming, Nov. 2008). Available at SSRN.
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"Standing Room Only: Why Fourth Amendment Exclusion and Standing Can No Longer Logically Coexist," 28 Cardozo Law Review 1663 (2007).
Electronic Publications
"An Empty Gesture to Soothe the Conscience: Why We Pass Laws Protecting Chimpanzees And Other Animals from Cruelty," FindLaw.com (Mar 2009).
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"Miguel Tejada's Guilty Plea: What's Wrong With Prosecuting Dopers for Lying?," FindLaw.com (Feb 2009).
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"Can Religious Faith Justify Reckless Homicide? A Wisconsin Prosecution Raises Larger Issues," FindLaw.com (Feb 2009).
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"How Far Does Police 'Good Faith' Go? The Supreme Court Creates Another Exception to The Exclusionary Rule," FindLaw.com (Jan 2009).
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"The Costs of Testifying in One’s Own Defense: An Empirical Study Highlights the Problem, But What To Do About It?," FindLaw.com (Jan 2009).
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"The U.S. Supreme Grants Review in Rivera v. Illinois: Reconciling Peremptory Challenges, Racial Discrimination and Harmless Error," FindLaw.com (Dec 2008).
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"Writing Term Papers for Hire: Innocent Protected Speech?," FindLaw.com (Dec 2008).
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"A Judge Orders a Woman Not to Have Children While On Probation: Did He Violate Her Rights?," FindLaw.com (Nov 2008).
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"Do Convicts Have a Constitutional Right to Access Crime-Scene DNA? The U.S. Supreme Court Considers the Question," FindLaw.com (Nov 2008).
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"Are Different Abortion Methods Morally Distinguishable? The U.S. Court of Appeals for the Fourth Circuit Hears Richmond Med. Center v. Herring," FindLaw.com (Oct 2008).
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"The Fourth Amendment, Once Removed: The Supreme Court Examines a New Search and Seizure Loophole," FindLaw.com (Oct 2008).
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"The Rationality of Spite: Why the Bailouts Do, And Should, Make People Angry," FindLaw.com (Oct 2008).
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"Abortion, Sarah Palin's Amniocentesis, and the Pro-Life View of Sex," FindLaw.com (Sep 2008).
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"'Neither Shall You Commit Adultery': John Edwards, John McCain, and the Relevance of Politicians' Affairs," FindLaw.com (Sep 2008).
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"Is Obama 'Pro-Infanticide'? Analyzing a Vote in the Illinois Senate," FindLaw.com (Aug 2008).
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"Is Sex a 'Major Life Activity'? Why a Claim of Disability Discrimination Turns on the Answer to this Question," FindLaw.com (Aug 2008).
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"With the Spanish Parliament Poised to Extend 'Human Rights' to Great Apes, What are the Implications for Human Beings and Other Animals?," FindLaw.com (Jul 2008).
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"The U.S. Court of Appeals for the Eighth Circuit Approves An 'Informed Consent' Requirement for Abortions: The Slippery Quality of Statutory Definitions," FindLaw.com (Jul 2008).
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"Banning Loaded Words at Criminal Trials: A Well-Meaning But Foolish Approach to Protecting Defendants," FindLaw.com (Jun 2008).
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"A Thirty-Five Year Prison Sentence for Spitting at a Police Officer: The Danger of Basing Justice on Mistaken Assumptions," FindLaw.com (Jun 2008).
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"Hearsay, the Sixth Amendment, and Framers’ Intent: The U.S. Supreme Court Hears Argument in Giles v. California," FindLaw.com (May 2008).
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"What's So Special About Genetic Discrimination? Congress Passes a Revealing Bill," FindLaw.com (May 2008).
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"Kennedy v. Louisiana and the Lessons of a Supreme Court Oral Argument," FindLaw.com (Apr 2008).
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"The Implications of Death Penalty Law for Human Euthanasia," FindLaw.com (Apr 2008).
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"Lethal Injection and Animal Euthanasia: A Fair Comparison?," FindLaw.com (Apr 2008).
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"Client 9 and President 42: Drawing Parallels Between Spitzer and Clinton," FindLaw.com (Mar 2008).
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"A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant," FindLaw.com (Mar 2008).
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"Can A Person be Pro-Life and Pro-Choice at the Same Time?: The Film '4 Months, 3 Weeks, and 2 Days' Confronts Abortion in Ceausescu's Romania," FindLaw.com (Feb 2008).
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"Does the Fifth Amendment Protect the Refusal to Reveal Computer Passwords? In a Dubious Ruling, A Vermont Magistrate Judge Says Yes," FindLaw.com (Feb 2008).
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"Should Pregnant High School Students Receive Maternity Leave? The Complexity of Accommodating a Less-than-Ideal Status," FindLaw.com (Jan 2008)
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"Abortion Clinic Violence: Is 'Pro-Life' Murder An Oxymoron?," FindLaw.com (Jan 2008).
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Books
Reforming the Court: Term Limits for Supreme Court Justices (editor with Paul D. Carrington) (Durham, N.C.: Carolina Academic Press, 2006).
Articles
“Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court,” (with Paul D. Carrington), 94 Cornell Law Review 587 (2009).
“Original Sin and Judicial Independence: Providing Accountability for Justices” (with Paul D. Carrington), 50 William and Mary Law Review – (2009).
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
"The Morality of Prophylactic Legislation (with Special Reference to Speed Limits, Assisted Suicide, Torture, and Detention Without Trial)," (forthcoming in Current Legal Problems 2008 Yearbook).
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Articles
"Does Heller Protect a Right to Carry Guns Outside the Home?," 59 Syracuse Law Review 225 (2008).
"Dynamic Incorporation of Foreign Law," 157 University of Pennsylvania Law Review 103 (2008).
"Abortion Rights," 23 Touro L. Rev. 815 (2008).
"Does Federal Executive Branch Experience Explain Why Some Republican Supreme Court Justices "Evolve" and Others Don't?," 1 Harvard Law & Policy Review 457 (2007).
"The Orwellian Military Commissions Act of 2006," 5(1) Journal of International Criminal Justice 10 (2007).
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"The Detention and Trial of Enemy Combatants: A Drama in Three Branches", 122(1) Political Science Quarterly 47 (2007), reprinted in Terrorist Attacks and Nuclear Proliferation: Strategies for Overlapping Dangers (Academy of Political Science, Demetrios James Caraley & Loren Morales Kando, eds. 2007).
"Whose Ox is Being Gored? When Attitudinalism Meets Federalism," 21 St. John's Journal of Legal Commentary 497 (2007).
Book Reviews
Book Review of Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (2006), 122(4) Political Science Quarterly 663 (2007-08).
Electronic Publications
"Does the Fourth Amendment Follow the Flag? In an Understandable but Problematic Ruling in a Terrorism Case, A Federal Appeals Court Says Yes, But Only at a Distance," FindLaw.com (Dec. 2008).
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"Why the Obama Transition Team's Intrusive Questionnaire May Exclude Some of the Best Job Candidates, or Deter Them From Applying," FindLaw.com (Nov. 2008).
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"What Barack Obama's Victory Means, and How It Should be Used," FindLaw.com (Nov. 2008).
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"The Supreme Court Puts Ideology Aside in Deciding a Small But Important Ohio Election Case that Could Affect the 2008 Presidential Election," FindLaw.com (Oct. 2008).
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"Why the Constitution Neither Protects Nor Forbids Tax Subsidies for Politicking from the Pulpit, And Why Both Liberals and Conservatives May be on the Wrong Side of this Issue," FindLaw.com (Oct. 2008).
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"From 'Bucket of Warm Piss' to Bench Coach: What the Modern Vice President Does Every Day," FindLaw.com (Sept. 2008).
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"What the Iowa Supreme Court's Recent Public Indecency Decision Reveals About Statutory Interpretation," FindLaw.com (Sept. 2008).
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"Some Potential Legal Implications of an Obama/Biden White House: What Biden's Senate Record Reveals," FindLaw.com (Aug. 2008).
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"If the Government Plans to Hold Salim Hamdan Indefinitely, Despite His Sixty-Six Month Sentence, What Was the Point of Putting Him on Trial?," FindLaw.com (Aug. 2008).
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"What California's Trans Fat Ban Teaches Us About Federalism," FindLaw.com (July 2008).
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"The Application for an ICC Warrant to Arrest Sudanese President Al Bashir on Charges of Genocide: An Important But Potentially Counterproductive Symbolic Gesture," FindLaw.com (July 2008).
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"The Supreme Court's Blockbuster Second Amendment Ruling: What the Court Resolved and What it Left Open," FindLaw.com (June 2008).
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"Did the Supreme Court Violate or Vindicate the Constitution in the Latest Guantanamo Bay Decision? The Difference Between Separation of Powers and Checks and Balances," FindLaw.com (June 2008).
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"Does the Constitution Permit Government to Favor Religion over Nonreligion? Justice Scalia Says Yes," FindLaw.com (June 2008).
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"The California Same-Sex Marriage Ruling: What it Says, What it Means, and Why It's Right," FindLaw.com (May 2008).
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"Does the Foolhardy McCain/Clinton Proposal for a "Gas Tax Holiday" Expose a More Fundamental Flaw in Democracy?," FindLaw.com (May 2008).
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"How the Supreme Court's Lethal Injection Ruling Elevates Appearances Over Reality," FindLaw.com (Apr. 2008).
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"A Small Religion Brings a Big First Amendment Question to the Supreme Court: When Does Private Religious Speech Become Government Speech?," FindLaw.com (Apr. 2008).
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"With the Supreme Court Poised to Redefine the Right to Bear Arms, Far-Reaching Questions Loom," FindLaw.com (Mar. 2008).
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"Who Killed the 'Living Constitution'?," FindLaw.com (Mar. 2008).
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"Did Justice Stevens Pull a Fast One? The Hidden Logic of a Recent Retroactivity Case in the Supreme Court," FindLaw.com (Feb. 2008).
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"Is The Bush Administration Right to Seek the Death Penalty for 9/11 Captives?," FindLaw.com (Feb. 2008).
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"Bush's War on Earmarks: The Right Message from the Wrong Messenger," FindLaw.com (Jan. 2008).
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"When Does Taking Account of Discrimination by Others Amount to Discrimination Itself? A Question Posed By the Obama and Clinton Candidacies," FindLaw.com (Jan. 2008).
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"Picking an Attorney in Chief: How the Lawyers Running for President Are Portraying their Legal Experience in their Campaigns," FindLaw.com (Jan. 2008).
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Working Papers
"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Sherri Lynn Johnson, and Valerie P. Hans) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
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"Summary Judgment Rates Over Time, Across Case Categories, and Across Districts: An Empirical Study of Three Large Federal Districts" (with Charlotte Lanvers) Cornell Law School Research Paper No. 08-022 (May 28, 2008), Available at SSRN
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Articles
"What is the Settlement Rate and Why Should We Care?," (with Charlotte Lanvers) 6 Journal of Empirical Legal Studies 111 (2009).
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"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Michael Heise), 38 Journal of Legal Studies 121 (2009).
"Cafa Judicata: A Tale of Waste and Politics," (with Kevin M. Clermont) 156 University of Pennsylvania Law Review 1553 (2008).
"Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts," (with Geoffrey P. Miller and Emily Sherwin) 41 University of Michigan Journal of Law Reform 871 (2008).
"Statins and Adverse Cardiovascular Events in Moderate-Risk Females: A Statistical and Legal Analysis With Implications for FDA Preemption Claims," (with Martin T. Wells) 5 Journal of Empirical Legal Studies 507 (2008).
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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
"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Theodore Eisenberg, and Sheri Lynn Johnson) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
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"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).
Articles
"Empowering the Active Jury: A Genuine Tort Reform", 13 Roger Williams U. L. Rev. 39 (2008)
"Judges, Juries, and Scientific Evidence," 16 Journal of Law and Policy 19-46 (2007).
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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Articles
"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Theodore Eisenberg), 38 Journal of Legal Studies 121 (2009).
"Judicial Decision-Making, Social Science Evidence, and Equal Educational Opportunity: Uneasy Relations and Uncertain Futures", 31 Seattle U. L. Rev. 863 (2008)
Casebooks
Products Liability: Problems and Process (with Aaron Twerski) (New York: Aspen Pub., 6th ed. 2008)
The Torts Process (with John Siliciano, Richard N. Pearson, and Douglas A. Kysar) (New York: Aspen Pub., 7th ed. 2007).
Articles
Working Papers
"Rethinking Consideration in the Electronic Age," (with Maureen O'Rourke) Cornell Legal Studies Research Paper No. 09-004 (Mar 3, 2009). Available at SSRN
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Articles
"Warranties and Disclaimers in the Electronic Age," 11 Yale Journal of Law and Technology 1 (2008).
"On-Line Boilerplate: Would Mandatory Website Disclosure of E-Standard Terms Backfire?" 104 Michigan Law Review 837-56 (2006).
Working Papers
"Justice in Time," Cornell Legal Studies Research Paper No. 09-002 (Jan 19, 2009). Available at SSRN
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"Pareto Versus Welfare," Cornell Legal Studies Research Paper No. 08-031 (Dec 1, 2008). Available at SSRN
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"Bailouts, Buy-Ins, and Ballyhoo: Forget K Street, Save Main Street, and You Will Save Wall Street - And Paulson - As Well," Cornell Legal Studies Research Paper No. 08-029 (Oct 1, 2008). Available at SSRN.
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"Why Paretians Can't Prescribe: Preferences, Principles, and Imperatives in Law and Policy," Cornell Legal Studies Research Paper No. 08-028 (Sept 10, 2008). Available at SSRN.
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"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
"Human Persons, Human Rights, and the Distributive Structure of Global Justice," 40 Columbia Human Rights Law Review 343 (2009).
"Toward a Global Shareholder Society," 30 University of Pennsylvania Journal of International Law 101 (2008).
"Reflective Intensions: Two Foundational Decision-Points in Mathematics, Law, and Economics," 29 Cardozo L. Rev. 1967 (2008).
Working Papers
"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Theodore Eisenberg, and Valerie P. Hans) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
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Articles
"Does Unconscious Racial Bias Affect Trial Judges?" (with Jeffrey J. Rachlinski, et al.), 84 Notre Dame Law Review 1195 (2009).
Articles
"Intent-to-Benefit: Individually Enforceable Rights under International Treaties," forthcoming 44 Stanford Journal of International Law __ (2008).
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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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Articles
"Commerce in Religion" 84 Notre Dame Law Review 887 (2009).
"Like a Nation State" 55 UCLA Law Review 1621 (2008).
"Daniel Defoe and the Written Constitution," 94 Cornell Law Review 73 (2008).
Articles
Working Papers
Commentary on Stakic: “The Co-Perpetrator Model of Joint Criminal Enterprise,” 14 Annotated Leading Cases of International Criminal Tribunals (forthcoming 2008).
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Books
Defending Humanity: When Force is Justified and Why (with G. P. Fletcher) (Oxford University Press, 2008).
Contributions to Books
"Peace, Security, and Prosecutorial Discretion," in The Emerging Practice of the International Criminal Court (Leiden: Brill/Martinus Nijhoff, C. Stahn and G. Sluiter eds. forthcoming 2008).
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"Towards a Unique Theory of International Criminal Sentencing," in International Criminal Procedure: Towards a Coherent Body of Law, (London: Cameron May, G. Sluiter ed. forthcoming 2008).
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Articles
"Group Think: the Law of Conspiracy and Collective Reason," 98 Journal of Criminal Law & Criminology 147 (2008).
"The Bounds of Necessity," 6 Journal of International Criminal Justice 289 (2008).
“Three Conceptual Problems with the Doctrine of Joint Criminal Enterprise,” 5 Journal of International Criminal Justice 69 (2007).
“On the Very Idea of Transitional Justice,” 8 Whitehead Journal of Diplomacy & International Relations 51 (2007).
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Reply to Washburn: “International Law and Prosecutorial Discretion,” 8 Whitehead Journal of Diplomacy & International Relations (2007).
Miscellaneous
Guest Editor, Special Issue, "The Law of Cruelty: Torture as an International Crime," 6 Journal of International Criminal Justice (with G. P. Fletcher) (2008).
Encyclopedia Essays:
Oxford Companion to International Criminal Law (Oxford University Press, forthcoming 2008):
Aggression, Aiding and Abetting, Murray Bernays, Conspiracy, Demjanjuk, Ex Parte Quirin, Excuses and Justifications, Filartiga, Homma, Inchoate Offenses, Intoxication, Kadic v. Karadzic, Krupp and Others, Maltzer and Others, Mental Disease, Mistake of Fact, Mistake of Law, Necessity and Duress, Self Defense, Sosa v. Machlain, US Military Tribunals Sitting at Nuremberg.
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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Articles
Books
Documents: Artifacts of Modern Knowledge (editor) (Ann Arbor, MI: University of Michigan Press, 2006).
Articles
"Reforming Knowledge? A Socio-Legal Critique of the Legal Education Reforms in Japan" (with Takashi Uchida), Cornell Legal Studies Research Paper No. 09-005 Available at SSRN (Mar 23, 2009).
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"The Anti-Network: Global Private Law, Legal Knowledge, and the Legitimacy of the State," 56 American Journal of Comparative Law 605 (2008).
"Documenting Ethics, Papering Consent: The New Bureaucracies of Virtue," Introduction (with Marie-Andree Jacob) 30 (2) Political and Legal Anthropology Review 181-191 (2007).
Forward (with Knop, Karen; Michaels, Ralf) 71 Law & Contemporary Problems 1 (Summer 2008).
"The Return of the Private: Private International Law Meets Global Governance," (Forthcoming Law & Contemporary Problems 2008).
"Cultural Conflicts," 71 Law & Contemporary Problems 273 (2008).
Books
McCormick on Evidence (cont. ed., with Kenneth S. Broun, gen. ed.) (St. Paul, Minn.: Thomson/West, 6th ed. 2006) (Practitioner Treatise Series).
Articles
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Kevin Clermont), 3 Harvard Law and Policy Review 103. (2009)
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Contributions to Books
"Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in America
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Articles
"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 U. Mich. J. L. Reform 871 (2008).
"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
"Democratic Governance, Distributive Justice and Development," Cornell Legal Studies Research Paper No. 08-036 (Dec 10, 2008). Available at SSRN.
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"Re-Reading Weber in Law and Development: A Critical Intellectual History of 'Good Governance' Reform," Cornell Legal Studies Research Paper No. 08-034 (Dec 9, 2008) Available at SSRN.
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Books
Captured by Evil: The Idea of Corruption in Law (Duke University School of Law, forthcoming).
Articles
"Statins and Adverse Cardiovascular Events in Moderate-Risk Females: A Statistical and Legal Analysis With Implications for FDA Preemption Claims," (with Theodore Eisenberg) 5 Journal of Empirical Legal Studies 507 (2008).
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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
"Government Lawyers, Democracy, and the Rule of Law," 77 Fordham Law Review 1333 (2009).
"Legal Ethics as 'Political Moralism' or the Morality of Politics", 93 Cornell L. Rev. 1413 (2008)
"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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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).