International Law
A No-Excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice, 87 Washington University Law Review 1043 (2010)
It is sometimes the case that a debate goes off the rails so early that...
Rule-Skepticism, "Strategery," and the Limits of International Law, 46 Virginia Journal of International Law 563 (2006)
This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits...
Constitutional Law
A Modest Appeal for Decent Respect (with Jessica Olive), 23 Federal Sentencing Reporter 72 (2010)
Constitutional Faith and Dynamic Stability: Thoughts on Religion, Constitutions, and Transitions to Democracy, 69 Maryland Law Review 26 (2009)
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as...
Why Justice Scalia Should be a Constitutional Comparativist ... Sometimes, 59 Stanford Law Review 1249 (2007)
The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest...
A Prayer for Constitutional Comparativism in Eighth Amendment Cases, 18 Federal Sentencing Reporter 237 (2006)
Jurisprudence
Beyond Experience: Getting Retributive Justice Right (with Dan Markel and Chad Flanders), 99 California Law Review (2011)
How central should hedonic adaptation be to the establishment of sentencing policy?
In earlier work,...
A No-Excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice, 87 Washington University Law Review 1043 (2010)
It is sometimes the case that a debate goes off the rails so early that...
Extraordinary Justice, 62 Alabama Law Review (2010)
This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others...
Retributivism for Progressives: A Response to Professor Flanders (with Jonathan Huber), 70 Maryland Law Review 141 (2010)
In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders...
Devilry, Complicity, and Greed: Transitional Justice and Odious Debt, 70 Law & Contemporary Problems 137 (2007)
The doctrine of odious debts came into its full in the eighteenth and early nineteenth...
Law and Society
A No-Excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice, 87 Washington University Law Review 1043 (2010)
It is sometimes the case that a debate goes off the rails so early that...
Human Rights Law
What's So Special About Transitional Justice? Prolegomenon for an Excuse-Centered Approach to Transitional Justice, 100 American Society of International Law Proceedings 147 (2006)
Criminal Law
Beyond Experience: Getting Retributive Justice Right (with Dan Markel and Chad Flanders), 99 California Law Review (2011)
How central should hedonic adaptation be to the establishment of sentencing policy?
In earlier work,...
A Modest Appeal for Decent Respect (with Jessica Olive), 23 Federal Sentencing Reporter 72 (2010)
Punishment as Suffering, 64 Vanderbilt Law Review (2010)
In a series of recent high-profile articles, a group of contemporary scholars argue that the...
Retributivism for Progressives: A Response to Professor Flanders (with Jonathan Huber), 70 Maryland Law Review 141 (2010)
In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders...