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Recent Online Publications
Articles
"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).
Full Text: [HeinOnline]
"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).
Full Text: [HeinOnline]
Articles
"Congress's Constitution," 160 University of Pennsylvania Law Review 715 (2012).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
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)).
Full Text: [Scholarship@CornellLaw]
Articles
"Class Certification’s Preclusive Effects," 159 University of Pennsylvania Law Review PENNumbra, 203-230 (2011); Cornell Legal Studies Research Paper No. 11-17 (2011).
Full Text: [Scholarship@CornellLaw]
Articles
"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).
Full Text: [HeinOnline] [LSN]
"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).
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"Same-Sex Marriage, Second-Class Citizenship, and Law’s Social Meanings", 97 Virginia
Law Review 1267 (2011).
Law Review 1267 (2011).
Full Text: [HeinOnline] [LSN]
"The Constitution and the Political Community," 27 Constitutional Commentary 499 (2011).
Full Text: [HeinOnline] [LSN]
"The Marginality of Citizens United," 20 Cornell Journal of Law & Public Policy 739 (2011).
Electronic Publications
Bi-Weekly column on FindLaw.com (essays archived at http://writ.news.findlaw.com/dorf/), with many appearing at CNN.com.
Full Text: [WWW(2)]
Articles
"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.
Full Text: [LSN]
"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).
Full Text: [HeinOnline] [LSN]
" 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).
Full Text: [WWW]
Articles
" Rulemaking vs. Democracy; Judging and Nudging Public Participation that Counts," (with Mary Newhart and Josiah Heidt) 2 Michigan Journal of Environmental and Administrative Law Issue 1 (2012) Cornell Legal Studies Research Paper No. 12-20 (2012).
Full Text: [LSN]
"Rulemaking 2.0," (with Mary Newhart, Claire Cardie, Dan Cosley, CeRI), 65 University of Miami Law Review 395 (2011).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"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).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
Contributions to Books
| "Digitizing the World's Laws," forthcoming in International Legal Information Management Handbook (Ashgate, 2010). |  |
Full Text: [Scholarship@CornellLaw]
Working Papers
"To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards", Cornell Legal Studies Research Paper No. 11-25 (2011).
Full Text: [LSN]
Articles
"Japan’s New Lay Judge System: Deliberative Democracy in Action?" (with Corey, Zachary), 12 Asian-Pacific Law & Policy Journal 72-94 (2010).
Full Text: [HeinOnline]
"The Predictability of Juries" (with T. Eisenberg), 60 DePaul Law Review 375 (2011).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"The French Jury at a Crossroads" (with Claire Germain), 86 Chicago-Kent Law Review 737 (2011).
Full Text: [HeinOnline]
Contributions to Books
| "Facilitating Practices," in Issues in Competition Law and Policy, Vol II (Chicago : ABA Section of Antitrust Law; Wayne D Collins, Joseph Angland eds., 2008), p. 1189 |  |
Full Text: [LSN]
Articles
"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).
Full Text: [Scholarship@CornellLaw] [LSN]
Working Papers
"Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts", Cornell Legal Studies Research Paper (2011).
Full Text: [LSN]
"Religion, Schools, and Judicial Decision Making: An Empirical Perspective", Cornell Legal Studies Research Paper No. 11-28 (2011).
Full Text: [LSN]
Articles
"The Gross Beast of Burden of Proof: Experimental Evidence on how the Burden of Proof Influences Employment Discrimination Case Outcomes" (with David Sherwyn), 42 Arizona State Law Journal 901-947 (2010).
Full Text: [HeinOnline]
"The Decision to Award Punitive Damages: An Empirical Study" (with Theodore Eisenberg, Nicole L. Walters and Martin T. Wells), 2 Journal of Legal Analysis 577 ( 2010).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker," (with Theodore Eisenberg, and Martin T. Wells) 166 Journal of Institutional & Theoretical Economics 5 (2010).
Full Text: [Scholarship@CornellLaw] [LSN]
"Federal Criminal Appeals: An Empirical Perspective," 93 Marquette Law Review 825 (2009).
Full Text: [HeinOnline]
"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Theodore Eisenberg), 38 Journal of Legal Studies 121 (2009).
"Courting Trouble: Litigation, High-Stakes Testing, and Education Policy," 42 Indiana Law Review 327 (2009).
Full Text: [Scholarship@CornellLaw]
"Judicial Decision-Making, Social Science Evidence, and Equal Educational Opportunity: Uneasy Relations and Uncertain Futures," 31 Seattle University Law Review 863 (2008).
Full Text: [WWW]
Articles
"Contract's Constitutive Core: Solving Problems by Making Deals," Cornell Legal Studies Research Paper No. 11-06 (2011).
Full Text: [LSN]
"Reaching Equilibrium in Tobacco Litigation" (with Aaron Twerski), 62 South Carolina Law Review 67 (2010).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Manufacturers’ Liability for Defective Product Designs: The Triumph of Risk-Utility," (with Aaron Twerski) 74 Brooklyn Law Review 1061 (2009).
Full Text: [HeinOnline]
"The Status of Trespassers on Land," 44 Wake Forest Law Review 1071 (2009).
Full Text: [HeinOnline]
"Sellers of Safe Products Should Not Be Required to Rescue Users From Risks Presented by Other More Dangerous Products." 37 Southwestern University Law Review 595 (2008).
Working Papers
"Contract Law in Context: The Case of Software Contracts," __ Wake Forest Law Review __ (forthcoming) Cornell Legal Studies Research Paper No. No. 010-002 (Feb 18, 2010).
Full Text: [LSN]
Articles
"Defending Disclosure in Software licensing," (with Maureen O'Rourke) 78 University of Chicago Law Review 95 (2011).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Contract Law in Context: The Case of Software Contracts," 45 Wake Forest Law Review 669 (2010).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Principles of the Law of Software Contracts: Some Highlights," (with Maureen A. O'Rourke) 84 Tulane Law Review 1519 (2010).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Rethinking Consideration in the Electronic Age" (with Maureen O'Rourke), 61 Hastings Law Journal 337-411 (2009).
Full Text: [Scholarship@CornellLaw]
"Maybe Dick Speidel Was Right about Court Adjustment," 46 San Diego Law Review 595-607(2009).
"Warranties and Disclaimers in the Electronic Age," 11 Yale Journal of Law and Technology 1 (2008).
Full Text: [Scholarship@CornellLaw]
Articles
"Bubbles, Busts and Blame," 37 (1) Cornell Law Forum 14 (2011).
Full Text: [LSN]
"Bretton Woods 1.0: An Essay in Constructive Retrieval," Cornell Law Faculty Working Papers Paper 82 (2011).
Full Text: [Scholarship@CornellLaw]
"Forward: Interpreting - and Learning From? - Yet Another 'Meltdown'," 61 Syracuse Law Review 411 (2010).
Full Text: [LEXIS]
"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).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Taking Distribution Seriously," (forthcoming) 59 Emory Law Journal __ (2010).
Full Text: [Scholarship@CornellLaw] [LSN]
"Making Sense of the Health-Care Reform Debate," 53 Challenge 28 (2010).
Full Text: [Scholarship@CornellLaw]
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
Full Text: [Scholarship@CornellLaw] [LSN]
Articles
"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).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"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).
Full Text: [Scholarship@CornellLaw]
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).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"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).
Full Text: [Scholarship@CornellLaw]
"Does Unconscious Racial Bias Affect Trial Judges?" (with Jeffrey J. Rachlinski, et al.), 84 Notre Dame Law Review 1195 (2009).
Full Text: [HeinOnline]
"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)
Full Text: [Scholarship@CornellLaw]
Articles
"Measuring State Compliance with Right to Education Using Indicators: A Case Study of Colombia's Obligations Under the ICESCR," (forthcoming Human Rights Quarterly)
Full Text: [Scholarship@CornellLaw]
"Intent-to-Benefit: Individually Enforceable Rights under International Treaties," 44 Stanford Journal of International Law 63 (2008).
Articles
"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).
Full Text: [HeinOnline]
Articles
"Rethinking the Concept of Exclusion in Patent Law," 98 Georgetown Law Journal 1643 (2010).
Full Text: [WESTLAW]
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).
Full Text: [Scholarship@CornellLaw]
"Abandoning Law Reports for Official Digital Case Law," Cornell Legal Studies Research Paper No. 11-01 (2011).
Full Text: [Scholarship@CornellLaw]
"Finding and Citing the 'Unimportant' Decisions of the U.S.
Full Text: [LSN]
Working Papers
"Forgetting Oblivion: The Demise of the Legislative Pardon," Cornell Law Faculty Working Papers. Paper 83. (2011)
Full Text: [Scholarship@CornellLaw]
Articles
“'Our Cities Institutions' and the Institution of the Common Law," 22 Yale Journal of Law & the Humanities 441 (2010).
Full Text: [HeinOnline]
"Summum and the Establishment Clause," 104 Northwestern University Law Review Colloquy 95 (2009).
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"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).
Full Text: [Scholarship@CornellLaw]
“Religious Expression in the Balance: A Response to Murad Hussain’s Defending the Faithful," 117 Yale Law Journal Pocket Part 186 (2008).
Full Text: [WWW(2)]
Articles
"United Nations Peacekeeping Operations and Security and Reconstruction" 44 Akron Law Review 769-807 (2011).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"African Customary Law, Customs, and Women's Rights," 18 Indiana Journal of Global Legal Studies 87-120 (2011).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Free and Fair Elections, Violence and Conflict" (with Sara Lulo), 51 Harvard International Law Journal Online 155 (2010).
Full Text: [WWW(2)] [Scholarship@CornellLaw]
"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).
Full Text: [Scholarship@CornellLaw]
Contributions to Books
| "Attempt, Conspiracy, and Incitement to Commit Genocide" in The UN Genocide Convention (Oxford University Press: Paola Gaeta ed., 2009). |  |
Full Text: [Scholarship@CornellLaw]
| "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). |  |
Full Text: [LSN]
| "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). |  |
Full Text: [Scholarship@CornellLaw]
| Prosecutor v. Stakic: “The Co-Perpetrator Model of Joint Criminal Enterprise,” 14 Annotated Leading Cases of International Criminal Tribunals 739 (2008). |  |
Full Text: [LSN]
Articles
"Nash Equilibrium and International Law", 96 Cornell law Review 869 (2011).
Full Text: [HeinOnline]
"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).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"The Torture Lawyers: A Reply to Parry and Harel," 51 Harvard International Law Journal Online 96 (2010).
Full Text: [WWW(2)] [Scholarship@CornellLaw]
"The Torture Lawyers," 51 Harvard International Law Journal 193 (2010).
Full Text: [Scholarship@CornellLaw]
"Meta-Theory of International Criminal Procedure: Vindicating the Rule of Law," 14 UCLA Journal of International Law and Foreign Affairs (2009).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Group Think: the Law of Conspiracy and Collective Reason," 98 Journal of Criminal Law & Criminology 147 (2008).
Books
| An Introduction to Property Theory (with Gregory S. Alexander) (Cambridge University Press, Cambridge Introductions to Philosophy and Law, 2012). |
Full Text: [Scholarship@CornellLaw]
Articles
"The Illusory Right to Abandon," 109 Michigan Law Review 191 (2010).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Properties of Community" (with Gregory S. Alexander), 10 Theoretical Inquiries in Law 127 (2009).
Full Text: [Scholarship@CornellLaw]
"Land Virtues," 94 Cornell Law Review 821 (2009).
Full Text: [Scholarship@CornellLaw]
"A Statement of Progressive Property," (with Laura S. Underkuffler and Gregory Alexander) 94 Cornell Law Review 743 (2009).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
Articles
"Implicit Bias, Election '08, and the Myth of a Post-Racial America" (with Gregory S. Parks), 37 Florida State University Law Review 659 (2010).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Why Heightened Pleading- Why Now?," 114 Penn State Law Review 1247-1256 (2010).
Full Text: [HeinOnline]
"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)/
Full Text: [WWW(2)]
"Does Unconscious Racial Bias Affect Trial Judges?" (with Sheri Lynn Johnson, et al.), 84 Notre Dame Law Review 1195 (2009).
Full Text: [HeinOnline]
"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).
Full Text: [HeinOnline]
Articles
"Pax Arabica? Provisional Sovereignty and Intervention in the Arab Uprising," (with Asli U. Bali) 42 California Western International Law Journal 321 (2011 - 2012).
Full Text: [HeinOnline]
"Statesman or Scribe? Legal Independence and the Problem of Democratic Citizenship," 77 Fordham Law Review 1665 (2009).
Full Text: [HeinOnline]
"Obama and the New Age of Reform," 16 Constellations 271 (2009) Cornell Law Faculty Publications, Paper # 32 (2009).
Full Text: [Scholarship@CornellLaw]
Book Reviews
Working Papers
"From Multiculturalism to Technique: Feminism, Culture and the Conflict of Laws Style", 64 Stanford Law Review (2012); Cornell Legal Studies Research Paper No. 11-30 (2011).
Full Text: [LSN]
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). | |
Full Text: [Scholarship@CornellLaw]
| "Is the Law Hopeful?," in Hope in the Economy (H. Miyazaki and R. Swedberg eds., forthcoming, 2010). | |
Full Text: [Scholarship@CornellLaw]
"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 |  |
Full Text: [LSN]
Articles
"Collateral Expertise: Legal Knowledge in the Global Financial Markets," 51 Current Anthropology 795-818 (2010).
Full Text: [WWW(2)]
"International Law in Domestic Courts: A Conflict of Laws Approach" (with K. Knop and R. Michaels) 103 American Society of International Law Proceedings (2009).
Full Text: [Scholarship@CornellLaw] [LSN]
"Reforming Knowledge? A Socio-Legal Critique of the Legal Education Reforms in Japan" (with Takashi Uchida), 1 Drexel Law Review 3 (2009).
Full Text: [Scholarship@CornellLaw]
Forward: in Transdisciplinary Conflict of Laws (with K. Knop and R. Michaels) 71(3) Law & Contemporary Problems 1 (2008).
Full Text: [HeinOnline]
"The Anti-Network: Global Private Law, Legal Knowledge, and the Legitimacy of the State," 56 American Journal of Comparative Law 605 (2008).
Full Text: [Scholarship@CornellLaw]
"Cultural Conflicts," in Transdisciplinary Conflict of Laws 71(3) Law & Contemporary Problems 273 (2008).
Full Text: [HeinOnline]
Articles
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Kevin Clermont), 3 Harvard Law and Policy Review 103 (2009).
Full Text: [HeinOnline] [LSN]
Contributions to Books
| "Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in |  |
Full Text: [LSN]
Articles
"Why In Re Omegas Group Was Right: An Essay on the Legal Status of Equitable Remedies," 92 Boston University Law Review 885 (2012).
Full Text: [HeinOnline] [LSN]
" Interpreting Tort Law," 39 Florida State University Law Review 227 (2011).
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"Legal Taxonomy," 15 Legal Theory 25-54 (2009).
Full Text: [Scholarship@CornellLaw]
"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).
Full Text: [Scholarship@CornellLaw]
"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).
Full Text: [Scholarship@CornellLaw]
"Unjust Enrichment and Creditors," 27 The Review of Litigation 141 (2008).
Full Text: [Scholarship@CornellLaw]
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) | |
Full Text: [Scholarship@CornellLaw] [LSN]
Articles
"Convergences and Divergences in International Legal Norms on Migrant Labor," 32 Comparative Labor Law & Policy Journal 405 (2011).
Full Text: [HeinOnline]
"Migrant Domestic Workers in Cairo: A Case Study of Informality in Legal and Economic Ordering," 58 American Journal of Comparative Law 987 (2010).
Full Text: [HeinOnline]
Articles
"Takings and the Problem of Value: Grappling with Truth in Land-Restriction Cases," 11 Vermont Journal of Environmental Law 465 (2010).
Full Text: [HeinOnline]
"Judicial Takings: A Medley of Misconceptions Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection," 61 Syracuse Law Review 203 (2011).
Full Text: [HeinOnline]
Articles
"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).
Full Text: [Scholarship@CornellLaw]
"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).
Full Text: [LSN]
Articles
"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
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"Three Concepts of Roles," 48 San Diego Law Review 547 (2011) (memorial symposium in honor of Fred Zacharias).
Full Text: [HeinOnline]
"Explanation in legal Scholarship: The Inferential Structure of Doctrinal Analysis," 96 Cornell law Review 1035 (2011).
Full Text: [HeinOnline]
Working Papers
'Sandbagging: Default Rules and Acquisition Agreements," 36 Delaware Journal of Corporate Law No.3 (2011). Cornell legal Studies Research Paper No. 12-19 (2012).
Full Text: [LSN]
"Creditors and Debt Governance" in Research Handbook on the Economics of Corporate Law (Edward Elgar Publishing; Claire Hill & Brett McDonnell, eds., 2011).
Full Text: [LSN]
Articles
"The Goldilocks Approach: Financial Risk and Staged Regulation," 97 Cornell Law Review 1267 (2012). Cornell Legal Studies Research Paper, No. 12-57 (2012).
Full Text: [HeinOnline] [LSN]
"Destructive Coordination," 96 Cornell Law Review 323-364 (2011).
Full Text: [HeinOnline] [Scholarship@CornellLaw]
"Why Not a CEO Term Limit?," Boston University Law Review (forthcoming), Cornell Legal Studies Research Paper No. 011-05 (Feb. 13, 2011).
Full Text: [Scholarship@CornellLaw]
"Reframing Financial Regulation," 90 Boston University Law Review 1 (2010).
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