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"Governance Property," 160 University of Pennsylvania Law Review 1853 (2012).

A Guide to Teaching Lawyering Skills (with Lara Gelbwasser Freed, John Mollenkamp, Andrea J. Mooney, Ursula H. Weigold, and Michelle A. Fongyee Whelan (Durham, NC, Carolina Academic  Press, 2012).

"Gideon Exceptionalism?," (with Sheri Johnson) 122 Yale Law Journal 2126 (2013).
"The Delaware Death Penalty: An Empirical Study," (with Sheri Lynn Johnson,Theordore Eisenberg, Valerie P. Hans & Martin T. Wells) 97 Iowa Law Review 1925 (2011-2012).
"Convicting Lenny: Mental Retardation, Wrongful Convictions and the Right to a Fair Trial," (with Sherri Johnson & Susan E. Millor) 56 New York Law School Law Review 943 (2011).

Dawn Clark Netsch: a Political Life (Evanston, Ill. : Northwestern University Press, 2010).

" A Temporary and Fond Farewell to the Edwin Dawson Rare Book Room," 39 Cornell Law Forum 55 (2013).
"Happiness at Work: Rules for Employee Satisfaction and Engagement, " 22 Trends in Law Library Management & Technology 21 (2012).
"Not Your Parent's Law Library: A Tale of Two Academic Law Libraries," (Julian Aiken and Fred Shapiro) 16 Green Bag 2nd 13 (2012).

"The Phenomenology of Gridlock," 88 Notre Dame Law Review 2065 (2013) (symposium issue: "The American Congress: Legal Implications of Gridlock").
"In the Time of a Woman, Which Sex Was Not Capable of Mature Deliberation: Late Tudor Parliamentary Relations and Their Early Stuart Discontents," 25 Yale Journal of Law and Humanities 181 (2013).
"Congress's Constitution," 160 University of Pennsylvania Law Review 715 (2012).
Book Reviews
"Multiplicity in Federalism and the Separation of Powers," 120 Yale Law Journal 1084 (2011). (reviewing Alison L. LaCroix, The Ideological Origins of American Federalism (2010)).

Civil Procedure ( St. Paul, MN.: Thomson/Reuters, 9th ed., 2012).
Principles of Civil Procedure (St. Paul, Minn.: Thomson/Reuters, 3rd ed., 2012) (Concise Hornbook Series).
"Class Certification’s Preclusive Effects," 159 University of Pennsylvania Law Review PENNumbra, 203-230 (2011); Cornell Legal Studies Research Paper No. 11-17 (2011).

"Commerce, Death Panels, and Broccoli: Or Why the Activity/Inactivity Distinction in the Health Care Case Was Really About the Right to Bodily Integrity," 29 Georgia State University Law Review 897 (2013).
"Spandrel or Frankenstein's Monster? The Vices and Virtues of Retrofitting in American Law," 54 William and Mary Law Review 339 (2012) Cornell Legal Studies Research Paper No. 13-61 (2013).
"Coming Off the Bench: Legal and Policy Implications of Proposals to Allow Retired Justices to Sit by Designation on the Supreme Court" (with Lisa McElroy), 61 Duke Law Journal 81 (2011).
"Same-Sex Marriage, Second-Class Citizenship, and Law’s Social Meanings", 97 Virginia
Law Review
1267 (2011).
"The Constitution and the Political Community," 27 Constitutional Commentary 499 (2011).
"The Marginality of Citizens United," 20 Cornell Journal of Law & Public Policy 739 (2011).
Electronic Publications
Bi-Weekly column on (essays archived at, with many appearing at

Ames, Chafee, and Re On Remedies: Cases and Materials (with Emily Sherwin and Joseph R. Re) ( New York: Foundation Press, 2012).
"The Delaware Death Penalty: An Empirical Study," (with Sheri Lynn Johnson, John H. Blume, Valerie P. Hans, and Martin T. Wells) 97 Iowa Law Review 1925 (2012).
"Litigation as a Measure of Well-Being," (with Nick Robinson and Sital Kalantry) 62 DePaul Law Review 247 (2012-2013).
"The English vs. the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts," (with G. Miller) 98 Cornell Law Review 327 (2013).
"Does the Judge Matter? Exploiting Random Assignments on a Court of Last Resort to Assess Judge & Case Selection Effects," (with Talia Fisher & Issachar Rosen-Zvi) 9 Journal of  Empirical Legal Research 246 (2012). Cornell Legal Studies Research Paper No. 11-33.
"Actual Versus Perceived Performance of Judges," ( with Talia Fisher and Issi Rosen-Zvi ) 35 Seattle University Law Rview 695 (2012) Cornell Legal Studies Research Paper No. 12-23 (2012).
" The Effect of Contract Regulation on Franchising," (by Jonathan Klick, Bruce H. Kobayashi, and Larry E. Ribstein) (comment by Theodore Eisenberg 54-57 and Andreas Roider 58 - 61) 168  Journal of Institutional and Theoretical Economics 38 ( 2012).

"Knowledge in the People: Rethinking 'Value' in Public Rulemaking Participation," (with Dmitry Epstein, Josiah Heidt, and Mary Newhart) 47 Wake Forest Law Review 1185 2013).  Cornell Legal Studies Research Paper No. 12-65 (2013) .
" Rulemaking vs. Democracy; Judging and Nudging Public Participation that Counts," (with Mary Newhart and Josiah Heidt) 2 Michigan Journal of Environmental and Administrative Law 123  (2012) Cornell Legal Studies Research Paper No. 12-20 (2012).
"Rulemaking 2.0," (with Mary Newhart, Claire Cardie, Dan Cosley, CeRI), 65 University of Miami Law Review 395 (2011).
"Rulemaking in 140 Characters or Less: Social Networking and Public Participation in Rulemaking," (with Paul Miller, Mary J. Newhart, Claire Cardie, Dan Cosley, and Rebecca Vernon) 31 Pace Law Review 382 (2011).

"The Impact of Medical Liability Standards on Regional Variations in Physician Behavior: Evidence from the Adoption of National-Standards Rules," 103 American Economic Review 1 (2013).
"Does Agency Funding Affect Decision making?: An Empirical Assessment of the PTO's Granting Patterns," ( Melissa F. Wasserman) 66 Vanderbilt Law Review 67 (2013).

A Guide to Teaching Lawyering Skills (with Joel Atlas, John Mollenkamp, Andrea J. Mooney, Ursula H.Weigold, & Michelle A. Fongyee Whelan) (Durham, NC, Carolina Academic Press 2012).

Contributions to Books
"Digitizing the World's Laws," forthcoming in International Legal Information Management Handbook (Ashgate, 2010).

Working Papers
"To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards", Cornell Legal Studies Research Paper No. 11-25 (2011).
"Jury Jokes and Legal Culture," 62 DePaul Law Review 391 (2013).
"Delaware Death Penalty: An Empirical Study," (with Sheri Lynn Johnson, John H. Blume, Theordore Eisenber, & Martin T. Wells) 97 Iowa Law Review 1925 (2012).

"A tale of two cities: From Davids Holdings to Metcash," (with E. Jane Murdoch) Centre County Legal Journal (2013) Cornell Legal Studies Research Paper No. 13-10 (2013).

"Free Exercise of Religion Before the Bench: Empirical Evidence from the Federal Courts," (with Gregory C. Sisk) 88 Notre Dame Law Review 1371 (2013).
"Law and Policy Entrepreneurs: Empirical Evidence on School Choice," 87 Notre Dame Law Review 1917 (2012).
"Ideology All The Way Down?: An Empirical Study of Establishment Clause Decisions in the Federal Courts," (with Gregory C. Sisk) 110 Michigan Law Review 1201 (2012).
"Religion, Schools, and Judicial Decision Making: An Empirical Perspective", (with Gregory C. Sisk)  79 University of Chicago Law Review 185 (2012).
"Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts", (with Gregory C. Sisk) 98 Iowa Law Review 231 (2012). 

"Contract's Constitutive Core: Solving Problems by Making Deals," Cornell Legal Studies Research Paper No. 11-06 (2011).

Contract and Related Obligation: Theory, Doctrine, and Practice (with Robert S. Summers) (St.Paul: West Publishing Co., 6th ed. 2011).
"Defending Disclosure in Software licensing," (with Maureen O'Rourke) 78 University of Chicago Law Review 95 (2011).

Finance, Financial Institutions and Financial Regulation (Coursebook forthcoming with Thomson-West) (2010).
Global Issues in Financial Institutions Law (forthcoming) (with Michael P. Malloy & Heidi Mandanis Schooner, Thomson-West 2010).
Contributions to Books
"The Structure of Distribution in Law & Economics," in Norms and Values in Law & Economics (forthcoming) (University of Chicago Press; Aristides N. Hatzis ed., 2010)
"Leaning,Cleaning, and Macroprudence,"  Harvard Forum On Corporate Governance & Financial Regulation ( 27 March 2013).
"Debt, Deflation and Debacle: Of Private Debt Write-Down and Public Recovery," White Paper, Global Interdependence Center, Federal Reserve Bank of Philadeophia  (2013).
"Were 'It" to Happen: Contract Continuity Under Euro Regime Change," 32 University of Pennsylvania Journal of International Law 277 (2013).
"It Takes a Village: Municipal Condemnation Proceedings and Public/Private Partnerships for Mortgage Loan Modification, Value Preservation, and Local Economic Recovery," 18 Stanford Journal of Law, Business & Finance 121 (2013). Cornell legal Studies Research Paper No. 12-12 (2012).
"Accidental Suicide Pacts and Creditor Collective Action Problems: The Mortgage Mess, the Deadwight Loss, and How to Get the Value Back," 98 Cornell Law Review 53 (2013) (CLR Online).
"A Federalist Blessing in Disguise: From National Inaction to Local Action on Underwater Mortgage Loans," (with John Vlahoplus) 7 Harvard  Law & Policy Review 253 (2013).
"Practical Guidance on Macroprudential Finance-Regulatory Reform," 22 Harvard Forum On Corporate Governance & Financial Regulation ( November 2013).
"Bretton Woods 1.0: An Essay in Constructive Retrieval," 16 N.Y.U. Journal of Legislation & Public Policy 401 (2013).
"Foreword: Interpreting - and Learning From? - Yet Another 'Meltdown'," 60 Syracuse Law Review 411 (2010).  
"Promise against Peril: Of Power, Purpose, and Principle in International Law," 17 ILSA Journal of  International & Comparative Law 71 (2010).
“A Fixer-Upper for Finance” 87 Washington University Law Review 1213 (2010).
"Taking Distribution Seriously," (forthcoming) 59 Emory Law Journal __ (2010).
"Making Sense of the Health-Care Reform Debate," 53 Challenge 28 (2010).

Law for Society: Nature, Function, and Limits (with K. Clermont, R. Hillman, and R. Summers), (NY: Aspen Publishers; 2010).
Contributions to Books
"Mental Retardation and the Death Penalty Five Years After Atkins" (with J Blume, and Christopher Seeds), in The Future of America's Death Penalty (Carolina Academic Press, 2009).
"Coker v. Georgia: of Rape, Race, and Burying the Past," in Death Penalty Stories (Foundation Press: Blume and Steiker eds., 2009).
"Gideon Exceptionalism?" (with Johm Blume) 122 Yale Law Journal 2126 (2013).
"When Lightning Strikes Back: South Carolina's Return to the Unconstitutional, Standardless Capital Sentencing Regime of the Pre-Furman Era" (with John H. Blume, Emily Paavola, and Keir Weyble), 4 Charleston Law Review 479-535 (2010).
"An Empirical Look at Atkins v. Virginia and its Application in Capital Cases" (with John H. Blume and Christopher Seeds) 76 Tennessee Law Review 627-639 (2009).
Back to a Future: Reversing Keith Simpson's Death Sentence and Making Peace with the Victim's Family Through Post-Conviction Investigation. (with John H. Blume) 77 UMKC Law Review 963-988 (2009).
"Of Atkins and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases," (with John H. Blume and Christopher Seeds) 18 Cornell Journal of Law and Public Policy 689-733 (2009).
"Does Unconscious Racial Bias Affect Trial Judges?" (with Jeffrey J. Rachlinski, et al.), 84 Notre Dame Law Review 1195 (2009).
"Competent Capital Representation: the Necessity of Knowing What Jurors Tell Us About Mitigation" (with John H. Blume and Scott Sundby) 36 Hofstra Law Review 1035 (2008)

"Measuring State Compliance with Right to Education Using Indicators: A Case Study of Colombia's Obligations Under the ICESCR," (forthcoming Human Rights Quarterly)
"Intent-to-Benefit: Individually Enforceable Rights under International Treaties," 44 Stanford Journal of International Law 63 (2008).

Judicial Deliberations:  A Comparative Analysis of Judicial Transparency, Control, Debate and Legitimacy (Oxford: Oxford University Press, 2004), (reissued in paperback in 2009).
Contributions to Books
"Transforming Deliberations" in The Legitimacy of Highest Courts’ Rulings: Judicial Deliberations and Beyond (T.M.C. Assert Press, Nick Huls, Maurice Adams & Jacco Bomhoff, eds. 2009).

Contributions to Books
"Framing Consequences: The Longer-Term Ramifications of a Sovereign Debt Restructuring," in Soverign Debt Management, ed.Lee Buchheit and Rosa Lastra (Oxford University Press) (2013).
"Who Is the 'Sovereign' in Sovereign Debt?: Reinterpreting a Rule-of-Law Framework from the Early Twentieth Century," 33 Yale Journal of International Law 63 (2008).

"The Right Not to Use in Property and Patent Law," (with Eduardo M. Penalver) 98 Cornell Law Review 1437 (2013).
"Finding Invention," 40 Florida State University Law Review 57 (2012-2013).

Working Papers
"Rewiring Old Architecture: Why U.S. Courts Have Been So Slow and Uneven in Their Take-up of Digital Technology," Cornell Law Faculty Working Papers Paper 84 (2011).
"Abandoning Law Reports for Official Digital Case Law," Cornell Legal Studies Research Paper No. 11-01 (2011).
"Finding and Citing the 'Unimportant' Decisions of the U.S. Courts of Appeals," Cornell Legal Studies Research Paper No. 08-015 (April 25, 2008). Available at SSRN.  

Working Papers
"Forgetting Oblivion: The Demise of the Legislative Pardon," Cornell Law Faculty Working Papers. Paper 83. (2011)
Contributions to Books

"Transparency and Textuality: Wilkie Collins' Law Books," in The Secrets of Law (Stanford University Press; forthcoming, 2009).

“'Our Cities Institutions' and the Institution of the Common Law," 22 Yale Journal of Law & the Humanities 441 (2010).
"Summum and the Establishment Clause," 104 Northwestern University Law Review Colloquy 95 (2009).
"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).
“Religious Expression in the Balance: A Response to Murad Hussain’s Defending the Faithful," 117 Yale Law Journal Pocket Part 186 (2008).
Book Reviews
Review of Bradin Cormack, A Power to Do Justice: Jurisdiction, English Literature, and the Rise of Common Law, 1509-1625; 27 Law & History Review 685 (2009).
"Review of John Orth, How Many Judges Does It Take to Make a Supreme Court,” 26 Law & History Review 453 (2008).

A Guide to Teaching Lawyering Skills (with Joel Atlas, Lara Gelbwasser Freed, John Mollenkamp, Ursula H. Weigold, & Michelle A. Fongyee Whelan) (Durham, NC, Carolina Academic Press, 2012).


The Food and Financial Crises in Sub-Saharan Africa: Origins,Impacts,and Policy Implications  ( Muna B. Ndulo and David R. Lee, eds.) ( CAB International, 2012).    

Failed and Failing States: The Challenges to African Resonstruction (Muna Ndulo and Margaret Grieco, eds.) (Cambridge Scholars Publications, 2010).

Power, Gender and Social Change in Africa (Cambridge Scholars Publishing; Muna Ndulo & Margaret Grieco eds., 2009).

Africa's Finances: The Contribution of Remittances (Cambridge Scholars Press; R Bardouille, Muna Ndulo, Margaret Grieco, eds., 2008)
Contributions to Books
Forward in Financial Inclusion, Innovation, and Investments: Biotechnology and Captial Markets Working for the Poor by Ralph D. Christy & Vicki L. Bogan (World Scientific, 2011).

"Zimbabwe's Unfulfilled Struggle for a Legitimate Constitutional Order" in Framing the State in Times of Transition: Case Studies in Constitution Making (Washington, DC : United States Institute of Peace; Laurel E. Miller, ed. with Louis Aucoin, 2010).

"The Role of Judicial Reform in Development and Transitional Justice" (with Roger Duthie), in Transitional Justice and Development: Making Connections (Social Science Research Council, New York; Pablo de Greiff & Roger Duthie eds., 2009).
"The Commission and the Court under the African Human Rights System," Second Revised Edition of International Human Rights Monitoring Mechanisms: Essays in Honor of Jakob Th. Moller (Martinus Nijhoff pub; G. Alfredsson, J. Grimheden, B. G. Ramcharan, and A. de Zayas, eds., 2009).
"Chinese Investments in Africa: A Case Study of Zambia," in Crouching Tiger, Hidden Dragon? : Africa and China (University of KwaZulu-Natal Press; Kweku Ampiah & Sanusha Naidu, 2008).
"The African Commission and Court under the Africa Human Rights System," in Africa's Human Rights Architectural (Center for Conflict Resolution, Fanele, Auckland Park, Johannesburg; John Akokpari & Daniel Shea Zimbler, eds., 2008).
"United Nations Peacekeeping Operations and Security and Reconstruction" 44 Akron Law Review 769-807 (2011).
"African Customary Law, Customs, and Women's Rights," 18 Indiana Journal of Global Legal Studies 87-120 (2011).
"Free and Fair Elections, Violence and Conflict" (with Sara Lulo), 51 Harvard International Law Journal Online 155 (2010).
"The United Nations Responses to the Sexual Abuse and Exploitation of Women and Girls By Peacekeepers During Peacekeeping Missions," 27 Berkeley Journal of International Law 127 (2009).
"Mineral Development Contracts in Zambia: The Case for Renegotiation," 5 Zambia Analysis (April 2008).
"Challenge of Devolution of Powers to Local Communities in the SADC Region," Africa Notes, (Cornell University, Winter 2008).

Contributions to Books
"Joint Intentions" in Rethinking Criminal Law Theory:New Canadian Perspectives in the Philosophy of Domestic, Transnational, and Internatinal Criminal Law (Hart Publishing, Oxford and Portland, Oregon, Francois Tanguay-Renaud and James Stribopoulos, eds. 2012).
"Attempt, Conspiracy, and Incitement to Commit Genocide" in The UN Genocide Convention (Oxford University Press: Paola Gaeta ed., 2009).

Encyclopedia Essays in Oxford Companion to International Criminal Justice (Oxford; New York: Oxford University Press; Antonio Cassese ed. 2009):

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.

"Peace, Security, and Prosecutorial Discretion," in The Emerging Practice of the International Criminal Court (Leiden; Boston: Martinus Nijhoff Publishers; C. Stahn and G. Sluiter eds. 2009).
"Towards a Unique Theory of International Criminal Sentencing," in International Criminal Procedure: Towards a Coherent Body of Law (London: CMP Publishing; G. Sluiter, Sergey Vasiliev eds., 2009).
Prosecutor v. Stakic: “The Co-Perpetrator Model of Joint Criminal Enterprise,” 14 Annotated Leading Cases of International Criminal Tribunals 739 (2008).
Targeted Killings:Law & Morality in an Asymmetrical World,  edited by Claire Finkelstein, Jens David Ohlin, & Andrew Altman ( Oxford:Oxford University Press, 2012).
"Targeting and the Concept of Intent,"35 Michigan Journal of International Law 79 (2013).
"Nash Equilibrium and International Law", 96 Cornell law Review 869 (2011).
"Joint Intentions to Commit International Crimes," 11 Chicago Journal of International Law 693 (2010). To be entitled "Joint Intentions" in Rethinking Criminal Law Theory (François Tanguay-Renaud & James Stribopoulos eds., forthcoming 2011).
"The Torture Lawyers: A Reply to Parry and Harel," 51 Harvard International Law Journal Online 96 (2010).
"The Torture Lawyers," 51 Harvard International Law Journal 193 (2010).
"Meta-Theory of International Criminal Procedure: Vindicating the Rule of Law," 14 UCLA Journal of International Law and Foreign Affairs (2009).
"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).
"The Law as Cruelty: Torture as an International Crime," 6 Journal of International Criminal Justice (guest editor with G. P. Fletcher) Special Issue, (2008).

An Introduction to Property Theory (with Gregory S. Alexander) (Cambridge University Press, Cambridge Introductions to Philosophy and Law, 2012).  
Property and Community (New York : Oxford University Press; ed. with Gregory Alexander, 2010).
Contributions to Books
"The Costs of Regulation or the Consequences of Poverty? : Progressive Lessons from de Soto" in Hernando de Soto and Property in a Market Economy (Farnham, England ; Burlington, VT : Ashgate Pub., D. Benjamin Barros ed, 2010).
"The Illusory Right to Abandon," 109 Michigan Law Review 191 (2010).
"Properties of Community" (with Gregory S. Alexander), 10 Theoretical Inquiries in Law 127 (2009).
"Land Virtues," 94 Cornell Law Review 821 (2009).
"A Statement of Progressive Property," (with Laura S. Underkuffler and Gregory Alexander) 94 Cornell Law Review 743 (2009).

Behavioral Law and Economics (Edward Elgar Publishing; editor, 2009).
Contributions to Books
"Institutional Design Capitalizing on the Intuitive Nature of Decision Making" (with Mark Lubell, et al.), in Better Than Conscious: Exploiting the Capacity of Humans to Reach Decicions by Both Serial and Parallel Processing of Information (Christopher Engel & Wolf Singer, eds. 2008).
"Altering Attention in Adjudication," ( with Andrew J. Wistrich & Chris Guthrie) 60 UCLA Law Review 1586 (2012-2013).
"Consilience in the Courtroom: Do Apologies Affect Adjudications?" (with Andrew J. Wistrich & Chris Guthrie) 98 Cornell Law Review 1189 (2013).
"How Lawyers' Intuitions Prolong Litigation," (with Andrew J. Wistrich) 86 Southern California Law Review 571 (2013).
"They Saw a Protest: Cognitive Illiberalism and the Speech-Conduct Distinction," (with Dan M. Kahan, David A Hoffman, Donald Braman, and Daniel Evans) 64 Stanford Law Review 851 (2012).
"Evidence-Based Law," 96 Cornell Law Review 901 (2011).  
"The Psychological Foundations of Behavioral Law and Economics," 2011 University of Illinois Law Review 1676 (2011).
"Processing Pleadings and the Psychology of Prejudgment," 60 DePaul Law Review 413 (2011).  
"Processing Pleadings and the Psychology of Prejudgment," 60 DePaul Law Review 413 (2011).
"Implicit Bias, Election '08, and the Myth of a Post-Racial America" (with Gregory S. Parks), 37 Florida State University Law Review 659 (2010).
"Why Heightened Pleading- Why Now?," 114 Penn State Law Review 1247-1256 (2010).
"The Hidden 'Judiciary': An Empirical Examination of Executive Branch Justice," (with Chris Guthrie, and Andrew Wistrich) 58 Duke Law Journal 1477 (2009).
"Implicit Race Bias and the 2008 Presidential Election: Much Ado About Nothing?," (with Gregory Scott Parks) 157 University of Pennsylvania Law Review PENNumbra 210 (2009).
"Barack Obama, Implicit Bias, and the 2008 Election" (with Gregory S. Parks) 35(1) Cornell Law Forum 8 (2009)/
"Does Unconscious Racial Bias Affect Trial Judges?" (with Sheri Lynn Johnson, et al.), 84 Notre Dame Law Review 1195 (2009).
"Heuristics, Biases, and Philosophy," 43 Tulsa Law Review 865-883 (2008).
"Blinking on the Bench: How Judges Decide Cases" (with C. Guthrie, & A. Wistrich), 93 Cornell Law Review 1 (2007); (discussed in the ABA Journal, June 2008).

The Two Faces of American Freedom (Harvard University Press, 2010).
"Freedom Struggles and the Limits of Constitutional Continuity," 71 Maryland Law Review 1015 (2012).
"Who Decides on Security," 44 Connecticut Law Review 1417 (2012).
"Pax Arabica? Provisional Sovereignty and Intervention in the Arab Uprising," (with Asli U. Bali) 42 California Western International Law Journal 321 (2011 - 2012). 
"American Overreach: Strategic Interests and Millennial Ambitions in the Middle East" (with Asli Bali), 15 Geopolitics 210 (2010).
"Statesman or Scribe? Legal Independence and the Problem of Democratic Citizenship," 77 Fordham Law Review 1665 (2009).
"Obama and the New Age of Reform," 16 Constellations 271 (2009) Cornell Law Faculty Publications, Paper # 32 (2009).
Book Reviews
"Book Review: The Long Shadow of the Founding," 40 Reviews in American History No. 1 (2012) Cornell Legal Studies Research Paper No. 13-68 (2013).


Collateral Knowledge: Legal Reason in the Global Financial Markets (Chicago Series in Law and Society) (University of Chicago Press; 2011).

Contributions to Books
"Placeholders: Engaging the Hayekian Critique of Financial Regulation," in Collateral Knowledge: Legal Reasoning in the Global Financial Markets chapter 5 (Annelise Riles, ed., forthcoming, 2010).
"Is the Law Hopeful?," in Hope in the Economy (H. Miyazaki and R. Swedberg eds., forthcoming, 2010).
"Ho ni okeru kibo towa nanika? What kind of hope does law entail?" in Kibogaku (Hope Studies), (Tokyo: Tokyo University Press, Genda Yuji and Uno Shigeki, eds., 2009).
"Cultural Conflicts," in Law and Anthropology (Oxford University Press; Michael Freeman and David Napier, eds., 89-125, 2009).
"Private Global Governance, Legal Knowledge, and the Legitimacy of the State" in Beyond the State- Rethinking Private Law. (Tubingen: Mohr (Siebeck), Nils Jansen and Ralf Michaels eds. 2008), 181-205; 56(3) The American Journal of Comparative Law 527 (2008).

"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 The Contested Commons: Conversations Between Anthropologists and Economists, (Blackwell Press, Pranab Bardhan and Isha Ray, eds. 2008). p266-79

"From Multiculturalism to Technique: Feminism, Culture and the Conflict of Laws Style," (with Karen Knop & Ralf Michaels) 64 Stanford Law Review 589 (2012).
"Collateral Expertise: Legal Knowledge in the Global Financial Markets," 51 Current Anthropology 795-818 (2010).
"Hope in the Law," 35 Cornell Law Forum 8 (Fall 2009).
"International Law in Domestic Courts: A Conflict of Laws Approach" (with K. Knop and R. Michaels) 103 American Society of International Law Proceedings (2009).
"Reforming Knowledge? A Socio-Legal Critique of the Legal Education Reforms in Japan" (with Takashi Uchida), 1 Drexel Law Review 3 (2009).
"The Anti-Network: Global Private Law, Legal Knowledge, and the Legitimacy of the State," 56 American Journal of Comparative Law 605 (2008).
Forward: in Transdisciplinary Conflict of Laws (with K. Knop and R. Michaels) 71(3) Law & Contemporary Problems 1 (2008).
"Cultural Conflicts," in Transdisciplinary Conflict of Laws 71(3) Law & Contemporary Problems 273 (2008).

Contributions to Books
Age and Disability Within the Scope of American Discrimination Law ( with Garth Glissman) Chapter 8 in Disability and Aging Discrimination in Law: Perspevctives in Law and Psychology (Springer 2011).
"Predicting the Future of Employment Law," in Global Issues in Employment Law (West, Samuel Estreicher, Miriam Cherry eds., 2008), excerpted from 76 Indiana Law Journal 29 (2001).
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Kevin Clermont), 3 Harvard Law and Policy Review 103 (2009).

Demystifying Legal Reasoning (with Larry Alexander) (New York : Cambridge University Press, 2008).
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).
"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).

The Religious Left and Church-State Relations (Princeton University Press 2009).

Leading Cases in Constitutional Law (with Choper, Fallon, Kamisar) (St. Paul, MN : Thomson/West, 2010.)

Leading Cases in Constitutional Law (with Choper, Fallon, Kamisar) (St. Paul, MN : Thomson/West, 2009.)
Leading Cases in Constitutional Law (with Choper, Fallon, Kamisar) (St. Paul, MN : Thomson/West, 2008.)
Supplement to The First Amendment: Cases, Comments, Questions (with Jesse H. Choper) (St. Paul: West Publishing Co., 4d ed., 2010, 2009, 2008, 2007, 2006).
Supplement to Constitutional Law: Cases, Comments, Questions (with Choper, Fallon, and Kamisar) (St. Paul: West Publishing Co., 10th ed. 2010, 2009, 2008, 2007)
"Ed Baker: Friend and First Amendment Scholar," 12 University of Pennsylvania Journal of Constitutional Law 963 (2010). 

"The Toxic Side Effects of Shareholder Primacy," 161 University Of Pennyslvania Law Review 2003 (2013).


Law for Society: Nature, Functions, and Limits (with K. Clermont, R. Hillman, and S.L. Johnson), (NY: Aspen Publishers, 2010).

Form and Function in a Legal System: A General Study (Cambridge University Press; 2010) (paperback version of 2006 ed.)
Supplements to The Uniform Commercial Code (with James J. White, ed.) (St. Paul, MN: West Group, 5th ed. 2005), (yearly, 2007-).
Contributions to Books
"Positivistic Theories About Law, Especially in Contrast to Natural Law Theories--A General Account," in Festschrift for Okko Behrends (Gottingen, Germany: Wallstein, 2008).

Contributions to Books

"Democratic Governance, Distributive Justice and Development," in Distributive Justice and International Economic Law (Cambridge University Press; Chi Carmody, Frank Garcia, John Linarelli, eds. forthcoming, 2010)

"Trade, Labor and Migration," in Social Regionalism in the Global Economy (Routledge; Adelle Blackett, Christian Lévesque eds., 2010).
"Convergences and Divergences in International Legal Norms on Migrant Labor," 32 Comparative Labor Law & Policy Journal 405 (2011).
"Migrant Domestic Workers in Cairo: A Case Study of Informality in Legal and Economic Ordering," 58 American Journal of Comparative Law 987 (2010).

Captured by Evil: The Idea of Corruption in Law (Yale University Press, 2013). 
"Takings and the Problem of Value: Grappling with Truth in Land-Restriction Cases," 11 Vermont Journal of Environmental Law 465 (2010).
"Judicial Takings: A Medley of Misconceptions Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection," 61 Syracuse Law Review 203 (2011).

"The Decision to Award Punitive Damages: An Empirical Study" (with Theodore Eisenberg, Michael Heise, and Nicole L. Walters), 2 Journal of Legal Analysis 2 (2010).
"Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker," (with T. Eisenberg, & M. Heise), 166 Journal of Institutional & Theoretical Economics 5 (2010).

Torts: Cases and Materials (with Aaron Twerski and James A. Henderson, Jr.) (Wolters Kluwer/Aspen, 3rd. 2011).  
Lawyers and Fidelity to Law (Princeton University Press; 2010).
The Law Governing Lawyers: National Rules, Standards, and Statutes (with Susan R. Martyn and Lawrence J. Fox) (Aspen Law and Business, 2005 annual updates through 2014).
Professional Responsibility: Examples and Explanations (Wolters Kluwer/Aspen, 3rd ed. 2010).
Contributions to Books
"The Craft of Legal Interpretation," in  Interpretation of Law in the Age of Enlightenment (Yasutomo Morigiwa, Michael Stolleis and Jean-Louis Halperir, eds.) Springer, 2011.
"Personal Integrity and the Conflict Between Ordinary and Institutional Values" in Legal Ethics: Professional Ethics and Personal Integrity (Tim Dare and W. Bradley Wendel, eds.) Cambridge Scholars Press 2010.
Articles on Legal Ethics and Adversary System of Justice, in International Encyclopedia ofEthics (Blackwell Publishing, Hugh LaFollette, ed., forthcoming).
"Legal Advising and the Rule of Law," in Reaffirming Legal Ethics : Taking Stock and New Ideas(Routledge; 2010).
"Virtue and Vice in Legal Advising," 39 New England Journal on Criminal and Civil Confinement 25 (2013).
"Legal Ethics is about the Law, Not Morality or Justice: A Reply to Critics," 90  Texas Law Review 727 (2012). Cornell Legal Studies Research Paper No. 13-02
"Three Concepts of Roles," 48 San Diego Law Review 547 (2011) (memorial symposium in honor of Fred Zacharias).
"Explanation in legal Scholarship: The Inferential Structure of Doctrinal Analysis," 96 Cornell law Review 1035 (2011).


A Guide to Teaching Lawyering Skills (with Joel Atlas, Lara Gelbwasser Freed, John Mollenkamp, Andrea J. Mooney, Ursula H. Weingold) ( Durham, NC, Carolina Academic Press, 2012). 

Contributions to Books
"Creditors and Debt Governance," in Research Handbook on the Economics of Corporate Law (Claire Hill & Brett McDonnell, eds., Elgar Press, 2012).
"Lawyers and Fools: Lawyer-Directors in Public Corporations" (with Lubomir P. Litov and Simone M. Sepe), 102 Georgetown Law Journal 413 (2014).
"The Volcker Rule and Evolving Financial Markets," 1 Harvard Business Law Review 39 (2012).
"The Goldilocks Approach: Financial Risk and Staged Regulation," 97 Cornell Law Review 1267 (2012).
"Sandbagging: Default Rules and Acquisition Agreements," 36  Delaware Journal of Corporate Law 1081 (2011).
"Regulating for the Next Financial Crisis," 37(1) Cornell Law Forum 20 (2011).
"Destructive Coordination," 96 Cornell Law Review 323-364 (2011).
"Why Not a CEO Term Limit?," 91 Boston University Law Review 1263 (2011).

Immigration Law and Procedure (with C. Gordon, S. Mailman, & R. Wada ( LexisNexus Matthew Bender & Company, June 1994 - present, updated 4 times a year, 1997) 
Immigration and Nationality Law: Problems and Strategies (with L. Curcio and V. Jeffers) (LexisNexus, 2013).