Constitutional Law

PDF

Addressing the Harm of Total Surveillance: a Reply to Professor Neil Richards (with Danielle Keats Citron), 126 Harvard Law Review Forum 262 (2013)

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil...

 

PDF

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy (with Danielle Keats Citron), 14 North Carolina Journal of Law and Technology 381 (2013)

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v....

 

PDF

A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 American Criminal Law Review 1 (2013)

Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an...

 

PDF

Fighting Cyber-Crime After United States v. Jones (with Danielle Keats Citron and Liz Clark Rinehart), 103 Journal of Criminal Law and Criminology 745 (2013)

In a landmark non-decision last term, five Justices of the United States Supreme Court would...

 

PDF

The Right to Quantitative Privacy (with Danielle Keats Citron), 98 Minnesota Law Review 62 (2013)

We are at the cusp of a historic shift in our conceptions of the Fourth...

 

Fourth Amendment

PDF

Addressing the Harm of Total Surveillance: a Reply to Professor Neil Richards (with Danielle Keats Citron), 126 Harvard Law Review Forum 262 (2013)

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil...

 

PDF

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy (with Danielle Keats Citron), 14 North Carolina Journal of Law and Technology 381 (2013)

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v....

 

PDF

A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 American Criminal Law Review 1 (2013)

Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an...

 

PDF

Fighting Cyber-Crime After United States v. Jones (with Danielle Keats Citron and Liz Clark Rinehart), 103 Journal of Criminal Law and Criminology 745 (2013)

In a landmark non-decision last term, five Justices of the United States Supreme Court would...

 

PDF

The Right to Quantitative Privacy (with Danielle Keats Citron), 98 Minnesota Law Review 62 (2013)

We are at the cusp of a historic shift in our conceptions of the Fourth...

 

Criminal Law

PDF

In Defense of Specialized Theft Statutes, New England Law Review (2013)

This essay is an invited contribution to a symposium hosted by the New England Law...

 

PDF

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,...

 

PDF

A Modest Appeal for Decent Respect (with Jessica Olive), 23 Federal Sentencing Reporter 72 (2010)
 

PDF

Punishment as Suffering, 64 Vanderbilt Law Review 1619 (2010)

In a series of recent high-profile articles, a group of contemporary scholars argue that the...

 

PDF

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...

 

Jurisprudence

PDF

In Defense of Specialized Theft Statutes, New England Law Review (2013)

This essay is an invited contribution to a symposium hosted by the New England Law...

 

PDF

Addressing the Harm of Total Surveillance: a Reply to Professor Neil Richards (with Danielle Keats Citron), 126 Harvard Law Review Forum 262 (2013)

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil...

 

PDF

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy (with Danielle Keats Citron), 14 North Carolina Journal of Law and Technology 381 (2013)

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v....

 

PDF

Fighting Cyber-Crime After United States v. Jones (with Danielle Keats Citron and Liz Clark Rinehart), 103 Journal of Criminal Law and Criminology 745 (2013)

In a landmark non-decision last term, five Justices of the United States Supreme Court would...

 

PDF

The Right to Quantitative Privacy (with Danielle Keats Citron), 98 Minnesota Law Review 62 (2013)

We are at the cusp of a historic shift in our conceptions of the Fourth...

 

Privacy; Surveillance; United States v. Jones

PDF

In Defense of Specialized Theft Statutes, New England Law Review (2013)

This essay is an invited contribution to a symposium hosted by the New England Law...

 

PDF

Addressing the Harm of Total Surveillance: a Reply to Professor Neil Richards (with Danielle Keats Citron), 126 Harvard Law Review Forum 262 (2013)

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil...

 

PDF

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy (with Danielle Keats Citron), 14 North Carolina Journal of Law and Technology 381 (2013)

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v....

 

PDF

Fighting Cyber-Crime After United States v. Jones (with Danielle Keats Citron and Liz Clark Rinehart), 103 Journal of Criminal Law and Criminology 745 (2013)

In a landmark non-decision last term, five Justices of the United States Supreme Court would...

 

PDF

The Right to Quantitative Privacy (with Danielle Keats Citron), 98 Minnesota Law Review 62 (2013)

We are at the cusp of a historic shift in our conceptions of the Fourth...

 

International Law

PDF

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...

 

PDF

Extraordinary Justice, 62 Alabama Law Review 55 (2010)

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others...

 

PDF

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...

 

PDF

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...

 

PDF

An Excuse-Centered Approach to Transitional Justice, 74 Fordham Law Review 2621 (2006)

Transitional justice asks what successor regimes, committed to human rights and the rule of law,...

 

Comparative Law

PDF

Extraordinary Justice, 62 Alabama Law Review 55 (2010)

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others...

 

PDF

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...

 

PDF

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...

 

PDF

An Excuse-Centered Approach to Transitional Justice, 74 Fordham Law Review 2621 (2006)

Transitional justice asks what successor regimes, committed to human rights and the rule of law,...

 

Law and Society

PDF

In Defense of Specialized Theft Statutes, New England Law Review (2013)

This essay is an invited contribution to a symposium hosted by the New England Law...

 

PDF

Addressing the Harm of Total Surveillance: a Reply to Professor Neil Richards (with Danielle Keats Citron), 126 Harvard Law Review Forum 262 (2013)

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil...

 

PDF

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy (with Danielle Keats Citron), 14 North Carolina Journal of Law and Technology 381 (2013)

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v....

 

PDF

Fighting Cyber-Crime After United States v. Jones (with Danielle Keats Citron and Liz Clark Rinehart), 103 Journal of Criminal Law and Criminology 745 (2013)

In a landmark non-decision last term, five Justices of the United States Supreme Court would...

 

PDF

The Right to Quantitative Privacy (with Danielle Keats Citron), 98 Minnesota Law Review 62 (2013)

We are at the cusp of a historic shift in our conceptions of the Fourth...

 

Human Rights Law

PDF

The Right to Quantitative Privacy (with Danielle Keats Citron), 98 Minnesota Law Review 62 (2013)

We are at the cusp of a historic shift in our conceptions of the Fourth...

 

PDF

Extraordinary Justice, 62 Alabama Law Review 55 (2010)

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others...

 

PDF

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...

 

PDF

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...

 

PDF

An Excuse-Centered Approach to Transitional Justice, 74 Fordham Law Review 2621 (2006)

Transitional justice asks what successor regimes, committed to human rights and the rule of law,...

 

Immigration

PDF

The Supreme Court's Contemporary Silver Platter Doctrine (with Meagan Cooper and David McAloon), 91 Texas Law Review 7 (2012)

In a line of cases beginning with United States v. Calandra, the Court has created...