Law and Economics

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Direct (Anti-)Democracy, 80 George Washington Law Review 311 (2012)

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums...

 

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An Introduction to Social Choice, Elgar Handbook on Public Choice (2009)

Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals...

 

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Standing at the Crossroads: The Roberts Court in Historical Perspective, 83 Notre Dame Law Review 875 (2008)

After eleven years, the longest period in Supreme Court history with no change in membership,...

 

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The New Commerce Clause Doctrine in Game Theoretical Perspective, 60 Vanderbilt Law Review 1 (2007)

The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine....

 

Constitutional Law

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Private-Rights Litigation and the Normative Foundations of Durable Constitutional Precedent, Precedent in the United States Supreme Court (2014)

This chapter advances a simple thesis that runs counter to much public-law scholarship. Holding all...

 

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Constitutional Law in Social Choice Perspective, 157 Public Choice (2013)

Constitutional scholars do not typically employ spatial reasoning in their work. And yet, constitutional jurisprudence...

 

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Grains of Sand or Butterfly Effect: Standing, the Legitimacy of Precedent, and Reflections on Hollingsworth and Windsor, 65 Alabama Law Review 868 (2013)

One test of whether a scholarly work has achieved canonical status is to ask respected...

 

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Individual Mandate is Constitutional (with Leslie Meltzer Henry), Leslie Meltzer Henry (2012)

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise...

 

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Commerce Games and the Individual Mandate (with Leslie Meltzer Henry), 100 Georgetown Law Journal 1117 (2012)

While the Supreme Court declined an early invitation to resolve challenges to the Patient Protection...

 

Jurisprudence

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Direct (Anti-)Democracy, 80 George Washington Law Review 311 (2012)

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums...

 
The Condorcet Jury Theorem and Judicial Decisionmaking: A Reply to Saul Levmore, 3:1 Theoretical Inquiries in Law (2002)

In Ruling Majorities and Reasoning Pluralities, Professor Saul Levmore explores the “division of labor” between...

 

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Why Should Lawyers Care About Institutional Data on Courts?, 83 Judicature 236 (2000)

In the “U.S. Supreme Court Judicial Data Base: providing new insights into the Courts,” Professors...

 

Legal History

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Standing at the Crossroads: The Roberts Court in Historical Perspective, 83 Notre Dame Law Review 875 (2008)

After eleven years, the longest period in Supreme Court history with no change in membership,...

 

Law and Society

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Standing at the Crossroads: The Roberts Court in Historical Perspective, 83 Notre Dame Law Review 875 (2008)

After eleven years, the longest period in Supreme Court history with no change in membership,...

 

Public Law and Legal Theory

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Grains of Sand or Butterfly Effect: Standing, the Legitimacy of Precedent, and Reflections on Hollingsworth and Windsor, 65 Alabama Law Review 868 (2013)

One test of whether a scholarly work has achieved canonical status is to ask respected...

 

Link

Public Choice Concepts and Applications in Law (with Todd Zywicki), Book Gallery (2009)

This is the only course book specifically designed to instruct law students in the discipline...

 

Social Choice

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Grains of Sand or Butterfly Effect: Standing, the Legitimacy of Precedent, and Reflections on Hollingsworth and Windsor, 65 Alabama Law Review 868 (2013)

One test of whether a scholarly work has achieved canonical status is to ask respected...

 

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Standing and Social Choice: Historical Evidence, 144 University of Pennsylvania Law Review 309 (1995)
 

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The Misguided Renaissance of Social Choice, 103 Yale Law Journal 1219 (1994)
 

Political Science

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An Introduction to Social Choice, Elgar Handbook on Public Choice (2009)

Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals...

 

Political Theory

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Direct (Anti-)Democracy, 80 George Washington Law Review 311 (2012)

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums...

 

Health Law and Policy

Link

Individual Mandate is Constitutional (with Leslie Meltzer Henry), Leslie Meltzer Henry (2012)

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise...

 

PDF

Commerce Games and the Individual Mandate (with Leslie Meltzer Henry), 100 Georgetown Law Journal 1117 (2012)

While the Supreme Court declined an early invitation to resolve challenges to the Patient Protection...

 

No subject area

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A Private-Rights Standing Model to Promote Public-Regarding Behaviour by Government Owned Corporations, From Bureaucracy to Business Enterprise: Legal and Policy Issues in the Transformation of Government Services (2003)
 

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From Lujan to Laidlaw: A Preliminary Model of Environmental Standing, 11 Duke Environmental Law & Policy Forum 321 (2001)

In the short span of eight years, the Supreme Court has issued two seemingly opposite...

 

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Poetic Law: A Statement on Intent, 48 Vanderbilt Law Review 195 (1995)