Articles

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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....

 

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Defining Dicta (with Michael Abramowicz), 57 Stanford Law Review 953 (2005)
In recent decades, legal scholars have devoted substantially greater attention to studying the origin and...
 

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A Beautiful Mend: A Game Theoretical Analysis of the Dormant Commerce Clause Doctrine, 45 William and Mary Law Review 1 (2003)
 

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Appellate Courts Inside and Out, 101 Michigan Law Review 1764 (2003)
Commentary on "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in...
 

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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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Beyond Counting Votes: The Political Economy of Bush v. Gore (with Michael Abramowicz), 54 Vanderbilt Law Review 1849 (2001)
 

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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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The Case for Including Marks v. United States in the Canon of Constitutional Law, 17 Constitutional Commentary 321 (2000)
In this essay, I would like to suggest adding a single case, with appropriate commentary,...
 

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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...
 

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Should Justices Ever Switch Votes?: Miller v. Albright in Social Choice Perpsective, 7 Supreme Court Economic Review 87 (1999)

This article will consider the implications of a rare, but conceptually significant, phenomenon in Supreme...

 

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The Remand That Made the Court Expand, 16 Constitutional Commentary 581 (1999)
 

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Restoring Positive Law and Economics: Introduction to Public Choice Theme Issue, 6 George Mason Law Review 709 (1998)
 

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How Outcome Voting Promotes Principled Issue Identification: A Reply to Professor John Rogers and Others, 49 Vanderbilt Law Review 1045 (1996)
 

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Mistretta versus Marbury: The Foundations of Judicial Review, 74 Texas Law Review 1281 (1996)
 

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

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

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Standing Back from the Forest: Justiciability and Social Choice, 83 California Law Review 1309 (1995)
 

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

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The Public Choice Case Against the Item Veto, 49 Washington & Lee Law Review 385 (1992)
 

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Maternal Duties During Pregnancy: Toward a Conceptual Framework, 21 New England Law Review 595 (1985)
 

Books

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Public Choice Concepts and Applications in Law (with Todd Zywicki), (2009)
This is the only course book specifically designed to instruct law students in the discipline...
 

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Constitutional Process: a Social Choice Analysis of Supreme Court Decision Making, (2000)
 
Public Choice and Public Law: Readings and Commentary, (1997)
 

Chapters in Books

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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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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)