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 Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 American Criminal Law Review (2013)
Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an...
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...
The Supreme Court's Contemporary Silver Platter Doctrine (with Meagan Cooper and David McAloon), 91 Texas Law Review (2012)
In a line of cases beginning with United States v. Calandra, the Court has created...
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...
Jurisprudence
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...
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...
Law and Society
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...
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
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...
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
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...
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...
Fourth Amendment
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 American Criminal Law Review (2013)
Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an...
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...
The Supreme Court's Contemporary Silver Platter Doctrine (with Meagan Cooper and David McAloon), 91 Texas Law Review (2012)
In a line of cases beginning with United States v. Calandra, the Court has created...
Immigration
The Supreme Court's Contemporary Silver Platter Doctrine (with Meagan Cooper and David McAloon), 91 Texas Law Review (2012)
In a line of cases beginning with United States v. Calandra, the Court has created...
Privacy; Surveillance; United States v. Jones
The Right to Quantitative Privacy (with Danielle Keats Citron), Minnesota Law Review (2013)
We are at the cusp of a historic shift in our conceptions of the Fourth...