Articles

PDF

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...

 

Link

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...

 

PDF

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...

 

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

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 (2010)

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

 

PDF

Punishment as Suffering, 64 Vanderbilt Law Review (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...

 

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

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...

 

PDF

A Prayer for Constitutional Comparativism in Eighth Amendment Cases, 18 Federal Sentencing Reporter 237 (2006)
 

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,...

 

PDF

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...