Faculty Research

This is a small archive of selected faculty research that is available on the web, intended to provide our visitors with a sampling of the fascinating endeavors in which our faculty are engaged. To find additional work by a given faculty member, please go to his or her faculty page and click "Publications."

Research Matters is a biweekly feature in which a member of the faculty talks about some of his or her latest work and its impact and relevance to law and society. To see the Q&A associated with a given work, click "Yes" in the corresponding row below. You can also sort to see which works have Research Matters pieces associated with them.

Title Authorsort icon with Added to the archive Research Matters (Q&A)
"Judicial Roles in Nonjudicial Functions" Ginsburg, Tom Nuno Garoupa Feb 24, 2014
"Political Constraints on International Courts" Ginsburg, Tom Mar 7, 2014
"Evidentiary Privileges in International Arbitration" Ginsburg, Tom Richard M. Mosk Apr 18, 2014
"Risk as a Proxy for Race" Harcourt, Bernard E. Jan 5, 2011
"Reducing Mass Incarceration: Lessons from the Deinstitutionalization of Mental Hospitals in the 1960s " Harcourt, Bernard E. Jan 28, 2011
"Making Willing Bodies: Manufacturing Consent Among Prisoners and Soldiers, Creating Human Subjects, Patriots, and Everyday Citizens" Harcourt, Bernard E. Feb 11, 2011
"Radical Thought from Marx, Nietzsche, and Freud, Through Foucault, to the Present: Comments on Steven Lukes’ ‘in Defense of False Consciousness’" Harcourt, Bernard E. Jun 20, 2011
"On the American Paradox of Laissez Faire and Mass Incarceration" Harcourt, Bernard E. Mar 14, 2012
"Fantasies and Illusions: On Liberty, Order, and Free Market" Harcourt, Bernard E. Mar 16, 2012
"The Politics of Incivility" Harcourt, Bernard E. Mar 21, 2012
"Punitive Preventive Justice: A Critique" Harcourt, Bernard E. May 29, 2012
"'Becker on Ewald on Foucault on Becker': American Neoliberalism and Foucault's 1979 'Birth of Biopolitics' Lectures" Harcourt, Bernard E. Francois Ewald Sep 10, 2012
"Beccaria's 'On Crimes and Punishments': A Mirror on the History of the Foundations of Modern Criminal Law" Harcourt, Bernard E. Jul 29, 2013
"The Collapse of the Harm Principle Redux" Harcourt, Bernard E. Oct 3, 2013
"Becker and Foucault on Crime and Punishment" Harcourt, Bernard E. Francois Ewald Dec 17, 2013
"Pay for Regulator Performance" Henderson, M. Todd Frederick Tung Aug 30, 2011
"Reverse Regulatory Arbitrage: An Auction Approach to Regulatory Assignments" Henderson, M. Todd Frederick Tung Aug 14, 2012
"Voice versus Exit in Health Care Policy" Henderson, M. Todd Oct 29, 2012
"Becoming the Fifth Branch" Henderson, M. Todd William A. Birdthistle Nov 13, 2012
"Can Lawyers Stay in the Driver's Seat?" Henderson, M. Todd Daniel G. Currell Jan 17, 2013