Articles

				

			
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A Theory of Judicial Power and Judicial Review, Georgetown Law Journal (2009)
	

		

			
Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic. This Article...
		

	
 

					

				

				

			
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The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)
	

		

			
The Supreme Court of Japan is widely considered the most conservative constitutional court in the...
		

	
 

					

				

				

			
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What Is Judicial Ideology, and How Should We Measure It? (with Joshua B. Fischman), Washington University Journal of Law & Policy (2009)
	

		

			
Scholars have for decades sought to measure judicial ideology and its impact on judicial behavior....
		

	
 

					

				

				

			
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Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)
	

		

			
Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...
		

	
 

					

				

				

			
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Judicial Selection, Appointments Gridlock, and the Nuclear Option (with Lawrence B. Solum), Journal of Contemporary Legal Issues (2006)
	

		

			
In this paper, we employ simple formal models drawn from political science to explain the...
		

	
 

					

				

				

							
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Unpublished Papers

				

			
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Why Supreme Court Justices Cite Legislative History: An Empirical Investigation (with David Zaring), ExpressO (2009)
	

		

			
Much of the social science literature on judicial behavior has focused on the impact of...
		

	
 

					

				

				

			
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Why Supreme Court Justices Cite Legislative History: An Empirical Investigation (with David Zaring) (2009)
	

		

			
Much of the social science literature on judicial behavior has focused on the impact of...
		

	
 

					

				

				

			
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Why Supreme Court Justices Cite Legislative History: An Empirical Investigation (with David Zaring), ExpressO (2009)
	

		

			
Much of the social science literature on judicial behavior has focused on the impact of...
		

	
 

					

				

					
Other

				

			
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The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Center for the Study of Law and Society Jurisprudence and Social Policy Program (2006)
	

	
 

					

				

				

			
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The Paradox of Omnipotence: Courts, Constitutions, and Commitments, University of San Diego Legal Working Paper Series (2005)
	

		

			Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in...
		

	
 

					

				

				

			
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Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
	

		

			Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
		

	
 

					

				

				

			
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Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
	

		

			This paper argues that the expansion of the White House's role in judicial appointments since...
		

	
 

					

				

				

			
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Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
	

		

			This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...