Michigan Law Review - 2013
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Living Originalism.
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Inside the Castle: Law and the Family in 20th Century America.
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Securities class actions and bankrupt companies.
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A capital market, corporate law approach to creditor conduct.
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The Collapse of American Criminal Justice.
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A Plague of Prisons: The Epidemiology of Mass Incarceration in America.
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War Time: An Idea, Its History, Its Consequences.
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Incomplete wills.
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Incomplete wills.
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The Financial Crisis Inquiry Report: Final Report of the National Commission on the Causes of the Financial and Economic Crisis in the United States.
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Preemption and textualism.
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Oh, the treatise!(FOREWORD)
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Is Marriage for White People? How the African American Marriage Decline Affects Everyone.
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Misplaced misrepresentations: why "misrepresentation of age" statutes must be reinterpreted as they apply to children's online contracts.
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Can we calculate fairness and reasonableness? Determining what satisfies the fair cross-section requirement of the Sixth Amendment.
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A model for fixing identification evidence after Perry v. New Hampshire.
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Stop being evil: a proposal for unbiased Google search.
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Law-enforcement officers and self-help repossession: a state-action approach.
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Legal entities as transferable bundles of contracts.
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The constitutionality of using eminent domain to condemn underwater mortgage loans.
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A capital market, corporate law approach to creditor conduct.
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Rethinking reporter's privilege.
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Standing's expected value.
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The Surrounded.
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Rethinking reporter's privilege.
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Plea bargaining and the right to counsel at bail hearings.
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Thinking, Fast and Slow.
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Justice Brennan: Liberal Champion.
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Beyond the battlefield, beyond al Qaeda: the destabilizing legal architecture of counterterrorism.
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Legislative diplomacy.
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Flagrant Conduct: The Story of Lawrence v. Texas.
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The legality of deliberate Miranda violations: how two-step national security interrogations undermine Miranda and destabilize Fifth Amendment protections.
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Preemption and choice-of-law coordination.
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Legislative diplomacy.
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Statutory interdependence in severability analysis.
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Rights Gone Wrong: How Law Corrupts the Struggle for Equality.
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Defining corruption and constitutionalizing democracy.
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Uncounseled tribal court guilty pleas in state and federal courts: individual rights versus tribal self-governance.
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Nothing to Hide: The False Tradeoff Between Privacy and Security.
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Policeman, citizen, or both? A civilian analogue exception to Garcetti v. Ceballos.
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Preemption and textualism.
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Preemption and choice-of-law coordination.
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The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America.
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Pro-whistleblower reform in the post-Garcetti era.
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Beyond the battlefield, beyond al Qaeda: the destabilizing legal architecture of counterterrorism.
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What ails the law schools?
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Constitutional Redemption: Political Faith in an Unjust World.
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An implausible standard for affirmative defenses.
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The politics of privacy in the criminal justice system: information disclosure, the Fourth Amendment, and statutory law enforcement exemptions.
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Counsel's control over the presentation of mitigating evidence during capital sentencing.
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Employment law and social equality.
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Constitutionally tailoring punishment.
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Losing It: In Which an Aging Professor Laments His Shrinking Brain.
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The politics of privacy in the criminal justice system: information disclosure, the Fourth Amendment, and statutory law enforcement exemptions.
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Commercial speech in crisis: crisis pregnancy center regulations and definitions of commercial speech.
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Tribute to Larry Ribstein.
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Standing's expected value.
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Constitutionally tailoring punishment.
