Published Works
The Attributes of Transactions and the Limits of the New Formalism, Berkeley Business Law Journal (2009)
A recent movement in contracts scholarship—the so-called New Formalism—seeks to justify limitations on the introduction...
Comment: Unceasing Animosities and the Public Tranquility: Political Market Failure and the Scope of the Commerce Power, California Law Review (2003)
Curtailing the economic chaos created by a dearth of centralized power was a prominent motivation...
Works in Progress
Law Without Threat: The Theoretical and Empirical Case for the Passage and Subsequent Non-Enforcement of Smoking Bans (2007)
This Article devlops a theory of “contingent harms” to analyze the unique challenges of regulating...