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Eric Posner : Publications

Books (Author)

    The Twilight of Human Rights Law (Oxford University Press, 2014).

    Economic Foundations of International Law (Belknap Press of Harvard University Press, 2013) (edited with Alan O. Sykes). [CU]

    Contract Law and Theory (Aspen, 2011). [CU]

    The Executive Unbound: After the Madisonian Republic (Oxford University Press, 2011) (edited with Adrian Vermeule). [CU]

    Climate Change Justice (Princeton University Press, 2010) (edited with David A. Weisbach). [CU]

    The Perils of Global Legalism (University of Chicago Press, 2009). [CU]

    Terror in the Balance: Security, Liberty, and the Courts (Oxford University Press, 2007) (edited with Adrian Vermeule). [CU]

    New Foundations of Cost-Benefit Analysis (Harvard University Press, 2006) (edited with Matthew D. Adler). [CU]

    The Limits of International Law (Oxford University Press, 2005) (edited with Jack L. Goldsmith). [CU]

    Law and Social Norms (Harvard University Press, 2000). [CU]

Books (Editor)

    Law and Happiness (University of Chicago Press, 2010) (edited with Cass R. Sunstein). [CU]

    The Economics of Public International Law (Edward Elgar, 2010). [CU]

    Social Norms, Non-Legal Sanctions, and the Law (Edward Elgar, 2007).

    Cost-Benefit Analysis: Legal, Philosophical, and Economic Perspectives (University of Chicago Press, 2001) (edited with Matthew D. Adler). [CU]

    Chicago Lectures in Law and Economics (Foundation Press, 2000). [CU]

Journal Articles

    "Voting Squared: Quadratic Voting in Democratic Politics," 68 Vanderbilt Law Review __ (2015) (Forthcoming) (with E. Glen Weyl). [SSRN]

    "Cost-Benefit Analysis of Financial Regulations: A Response to Criticisms," 124 Yale Law Journal Forum 246 (2015) (with E. Glen Weyl). [WWW]

    "Offsetting Benefits," 100 Virginia Law Review 1165 (2014) (with Ariel Porat).

    "Benefit-Cost Paradigms in Financial Regulation," 43 Journal of Legal Studies S1 (2014) (with E. Glen Weyl).

    "Quadratic Voting as Efficient Corporate Governance," 81 University of Chicago Law Review 251 (2014) (with E. Glen Weyl).

    "Altruism Exchanges and the Kidney Shortage," 77 Law and Contemporary Problems 289 (2014) (with Stephen Choi, Mitu Gulati).

    "How Well Do Measures Of Judicial Ability Predict Judicial Performance?: A Case Study Using Securities Class Actions," 33 International Review of Law and Economics 37 (2013) (with Stephen J. Choi & G. Mitu Gulati). [CU]

    "Immigration Law and Institutional Design," 80 University of Chicago Law Review 1 (2013) (with Adam B. Cox, Richard A. Epstein). [CU]

    "An FDA for Financial Innovation: Applying the Insurable Interest Doctrine to 21st Century Financial Markets," 107 Northwestern University Law Review 1307 (2013) (with E. Glen Weyl). [CU] [SSRN]

    "International Paretianism: A Defense," 13 Chicago Journal of International Law 347 (2013) (with David A. Weisbach). [CU]

    "Introduction," 80 University of Chicago Law Review 1 (2013). [CU]

    "The Dynamics of Contract Evolution," 88 New York University Law Review 1 (2013) (with Stephen J. Choi & G. Mitu Gulati). [CU]

    "The Law and Policy of Judicial Retirement: An Empirical Study," 42 Journal of Legal Studies 111 (2013) (with Stephen J. Choi & G. Mitu Gulati). [CU]

    "The Institutional Structure of Immigration Law," 80 University of Chicago Law Review 289 (2013). [CU]

    "International Law and the Limits of Macroeconomic Cooperation," 86 Southern California Law Review 1025 (2013) (with Alan O. Sykes). [SSRN]

    "The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition," 50 Common Market Law Review 261 (2013). [CU] [WWW]

    "Inside or Outside the System?," 80 University of Chicago Law Review 1743 (2013) (with Adrian Vermeule). [CU]

    "Benefit-Cost Analysis for Financial Regulation," 103 American Economic Review: Papers & Proceedings 393 (2013) (with E. Glen Weyl). [CU] [SSRN]

    "A Proposal for Limiting Speculation on Derivatives: An FDA for Financial Innovation," - American Economic Review __ (2012) (with E. Glen Weyl). [CU] [SSRN]

    "The Evolution of Contractual Terms in Sovereign Bonds," 4 Journal of Legal Analysis 131 (2012) (with Stephen J. Choi & G. Mitu Gulati). [CU] [WWW]

    "Aggregation and Law," 122 Yale Law Journal 2 (2012) (with Ariel Porat). [CU] [SSRN]

    "Deference to the Executive in the United States after September 11: Congress, the Courts, and the Office of Legal Counsel," 35 Harvard Journal of Law and Public Policy 213 (2012). [CU]

    "Regulation, Unemployment, and Cost-Benefit Analysis," 98 Virginia Law Review 579 (2012) (with Jonathan Masur). [CU] [SSRN]

    "What Do Federal District Judges Want? An Analysis of Publications, Citations, and Reversals," 28 Journal of Law, Economics and Organization 518 (2012) (with Stephen J. Choi & G. Mitu Gulati). [CU] [WWW]

    "Some Skeptical Comments on Beth Simmons's Mobilizing for Human Rights," 44 New York University Journal of International Law and Politics 819 (2012). [CU]

    "Delegation in Immigration Law," 79 University of Chicago Law Review 1285 (2012) (with Adam B. Cox). [CU] [SSRN]

    "Dockets of War," National Interest __ (2011). [CU] [WWW]

    "Book Review (reviewing Larry May, Global Justice and Due Process (2011))," 25 Ethics and International Affairs 481 (2011). [CU]

    "Pricing Terms in Sovereign Debt Contracts: A Greek Case Study With Implications for the European Crisis Resolution Mechanism," 6 Capital Markets Law Journal 163 (2011) (with Stephen J. Choi & G. Mitu Gulati). [CU]

    "The Flaws of Foreign Affairs Legalism," 51 Virginia Journal of International Law 507 (2011) (with Daniel Abebe). [CU]

    "The Right to Withdraw in Contract Law," 40 Journal of Legal Studies 115 (2011) (with Omri Ben-Shahar). [CU]

    "Universal Exceptionalism in International Law," 52 Harvard International Law Journal 3 (2011) (with Anu Bradford). [CU]

    "Climate Regulation and the Limits of Cost-Benefit Analysis," 99 California Law Review 1557 (2011) (with Jonathan Masur). [CU] [SSRN]

    "Judging Women," 8 Journal of Empirical Legal Studies 504 (2011) (with Stephen J. Choi, G. Mitu Gulati & Mirya Holman). [CU] [SSRN]

    "Efficient Breach of International Law: Optimal Remedies, Legalized Noncompliance, and Related Issues," 110 Michigan Law Review 243 (2011) (with Alan O. Sykes). [CU]

    "Professionals or Politicians?: The Uncertain Empirical Case for an Elected Judiciary," 26 Journal of Law, Economics and Organization 290 (2010) (with Stephen J. Choi & G. Mitu Gulati). [CU]

    "The Rights of Migrants: An Optimal Contract Framework," 31 Immigration and Nationality Law Review 215 (2010) (with Adam B. Cox) (originally published as 84 NYU L Rev 1403 2009). [CU]

    "The Limits of Constitutional Convergence," 11 Chicago Journal of International Law 399 (2010) (with Rosalind Dixon). [CU]

    "Subconstitutionalism," 62 Stanford Law Review 1583 (2010) (with Tom Ginsburg). [CU] [SSRN]

    "ProCD v. Zeidenberg and Cognitive Overload in Contractual Bargaining," 77 University of Chicago Law Review 1181 (2010). [CU] [SSRN]

    "Divide and Conquer," 2 Journal of Legal Analysis 417 (2010) (with Adrian Vermeule & Kathryn E. Spier). [CU]

    "Against Feasibility Analysis," 77 University of Chicago Law Review 657 (2010) (with Jonathan Masur). [CU] [SSRN]

    "Economic Foundations of the Law of the Sea," 104 American Journal of International Law 569 (2010) (with Alan O. Sykes). [CU]

    "Evaluating the Effects of International Law: Next Steps," 1 Global Policy 334 (2010). [CU] [WWW]

    "Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law," 165 Journal of Institutional and Theoretical Economics 5 (2009). [CU]

    "New Foundations of Cost-Benefit Analysis: A Reply to Professors Sinden, Kysar, and Driesen," 3 Regulation and Governance 72 (2009) (with Matthew D. Adler). [CU]

    "The Rights of Migrants: An Optimal Contract Framework," 84 New York University Law Review 1403 (2009) (with Adam B. Cox). [CU] [SSRN]

    "Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008," 76 University of Chicago Law Review 1613 (2009) (with Adrian Vermeule). [CU]

    "A Loan Modification Approach to the Housing Crisis," 11 American Law and Economics Review 577 (2009) (with Luigi Zingales). [CU] [SSRN]

    "Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate," 1 Journal of Legal Analysis 47 (2009) (with Stephen J. Choi & G. Mitu Gulati). [CU] [SSRN]

    "Should Greenhouse Gas Permits be Allocated on a Per Capita Basis?," 97 California Law Review 51 (2009) (with Cass R. Sunstein). [CU]

    "Fault in Contract Law," 107 Michigan Law Review 1431 (2009). [CU]

    "Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges," 58 Duke Law Journal 1313 (2009) (with Stephen J. Choi & G. Mitu Gulati). [CU]

    "Policy by Reflex (reviewing Stephen Holmes, The Matador’s Cape: America’s Reckless Response to Terrorism (2007))," 70 Review of Politics 513 (2008). [CU]

    "Soft Law: Lessons from Congressional Practice," 61 Stanford Law Review 573 (2008) (with Jacob Gersen). [CU] [SSRN]

    "Human Welfare, Not Human Rights," 108 Columbia Law Review 1758 (2008). [CU]

    "Constitutional Showdowns," 156 University of Pennsylvania Law Review 991 (2008) (with Adrian Vermeule). [CU]

    "Does Political Bias in the Judiciary Matter?: Implications of Judicial Bias Studies for Legal and Constitutional Reform," 75 University of Chicago Law Review 853 (2008). [CU]

    "Boumediene and the Uncertain March of Judicial Cosmopolitanism," 2007-2008 Cato Supreme Court Review 23 (2008). [CU]

    "Introduction to the Conference on Law and Happiness," 37 Journal of Legal Studies S1 (2008) (with Cass R. Sunstein). [CU]

    "Climate Change Justice," 96 Georgetown Law Journal 1565 (2008) (with Cass R. Sunstein). [CU]

    "Happiness Research and Cost-Benefit Analysis," 37 Journal of Legal Studies S253 (2008) (with Matthew D. Adler). [CU]

    "Book Review (reviewing Jeremy A. Rabkin, Law Without Nations? Why Constitutional Government Requires Sovereign State (2005))," 4 Perspectives on Politics 432 (2007). [CU]

    "Book Review (reviewing Robert E. Scott and Paul B. Stephan, The Limits of Leviathan: Contract Theory and the Enforcement of International Law (2006))," 101 American Journal of International Law 509 (2007). [CU]

    "The International Protection of Cultural Property: Some Skeptical Observations," 8 Chicago Journal of International Law 213 (2007). [CU]

    "Agencies Should Ignore Distant-Future Generations," 74 University of Chicago Law Review 139 (2007). [CU]

    "The Case for For-Profit Charities," 93 Virginia Law Review 2017 (2007) (with Anup Malani). [CU]

    "The Second-Order Structure of Immigration Law," 59 Stanford Law Review 809 (2007) (with Adam B. Cox). [CU] [SSRN]

    "Timing Rules and Legal Institutions," 121 Harvard Law Review 543 (2007) (with Jacob Gersen). [CU] [SSRN]

    "Climate Change and International Human Rights Litigation: A Critical Appraisal," 155 University of Pennsylvania Law Review 1925 (2007). [CU]

    "The Credible Executive," 74 University of Chicago Law Review 865 (2007) (with Adrian Vermeule). [CU]

    "On Learning from Others," 59 Stanford Law Review 1309 (2007) (with Cass R. Sunstein). [CU] [SSRN]

    "Critique of the Odious Debt Doctrine, The Odious Debts and State Corruption," 70 Law and Contemporary Problems 33 (2007) (with Albert H. Choi). [CU]

    "Originalism and Emergencies: A Reply to Lawson," 87 Boston University Law Review 313 (2007) (with Adrian Vermeule). [CU] [SSRN]

    "Economic Analysis of State and Individual Responsibility under International Law, An," 9 American Law and Economics Review 72 (2007) (with Alan O. Sykes). [CU] [SSRN]

    "The Law of Other States," 59 Stanford Law Review 131 (2006) (with Cass R. Sunstein). [CU]

    "Book Review (reviewing Tal Becker, Terrorism and the State: Rethinking the Rules of State Responsibility (2006))," 121 Political Science Quarterly 505 (2006). [CU]

    "Holding Internet Service Providers Accountable," 14 Supreme Court Economic Review 221 (2006) (with Douglas Gary Lichtman). [CU]

    "Signing Statements and Executive Power," 23 Constitutional Commentary 307 (2006) (with Curtis A. Bradley). [CU]

    "International Law and the Rise of China," 7 Chicago Journal of International Law 1 (2006) (with John C. Yoo). [CU] [SSRN]

    "Should Coercive Interrogation Be Legal?," 104 Michigan Law Review 671 (2006) (with Adrian Vermeule). [CU]

    "Emergencies and Democratic Failure," 92 Virginia Law Review 1091 (2006) (with Adrian Vermeule). [CU] [SSRN]

    "International Law: A Welfarist Approach," 73 University of Chicago Law Review 487 (2006). [CU]

    "Chevronizing Foreign Relations Law," 116 Yale Law Journal 1170 (2006) (with Cass R. Sunstein). [CU] [SSRN]

    "There Are No Penalty Default Rules in Contract Law," 33 Florida State University Law Review 563 (2006). [CU]

    Response, "The New International Law Scholarship", 34 Georgia Journal of International and Comparative Law 463 (2006) (with Jack L. Goldsmith). [CU] [SSRN]

    "International Court of Justice: Voting and Usage Statistics," 99 American Society of International Law Proceedings 130 (2005).

    "Reply to Helfer and Slaughter," 93 California Law Review 957 (2005) (with John C. Yoo). [CU]

    "Judicial Independence in International Tribunals," 93 California Law Review 1 (2005) (with John C. Yoo). [CU]

    "Terrorism and the Laws of War," 5 Chicago Journal of International Law 423 (2005). [CU]

    "Political Trials in Domestic and International Law," 55 Duke Law Journal 75 (2005). [CU]

    "Dollars and Death," 72 University of Chicago Law Review 537 (2005) (with Cass R. Sunstein). [CU]

    "International Law and the Disaggregated State," 32 Florida State University Law Review 797 (2005). [CU]

    "Is the International Court of Justice Biased?," 34 Journal of Legal Studies 599 (2005) (with Miguel de Figueiredo). [CU]

    "The Political Economy of Property Exemption Laws," 47 Journal of Law and Economics 19 (2004). [CU]

    "Remarks on the Alien Tort Claims Act and Transitional Justice," 98 American Society of International Law Proceedings 56 (2004).

    "Transnational Legal Process and the Supreme Court's 2003-2004 Term: Some Skeptical Observations," 12 Tulsa Journal of Comparative and International Law 23 (2004). [CU]

    "Optimal War and Jus Ad Bellum," 93 Georgetown Law Journal 993 (2004) (with Alan O. Sykes). [CU]

    "Emergencies and Political Change: A Reply to Tushnet," 56 Stanford Law Review 1593 (2004) (with Adrian Vermeule). [CU]

    "Tobacco Regulation or Litigation? (reviewing W. Kip Viscusi, Smoke-Filled Rooms: A Postmortem on the Tobacco Deal (2002))," 70 University of Chicago Law Review 1141 (2003). [CU]

    "A Theory of the Laws of War," 70 University of Chicago Law Review 297 (2003). [CU]

    "Four Economic Perspectives on American Labor Law and the Problem of Social Conflict," 159 Journal of Institutional and Theoretical Economics 101 (2003). [CU]

    "Economic Analysis of Contract Law after Three Decades: Success or Failure?," 112 Yale Law Journal 829 (2003). [CU]

    "Transfer Regulations and Cost-Effectiveness Analysis," 53 Duke Law Journal 1067 (2003). [CU]

    "Nondelegation: A Post-mortem," 70 University of Chicago Law Review 1331 (2003) (with Adrian Vermeule). [CU]

    "Transitional Justice as Ordinary Justice," 117 Harvard Law Review 762 (2003) (with Adrian Vermeule). [CU]

    "Accommodating Emergencies," 56 Stanford Law Review 605 (2003) (with Adrian Vermeule). [CU]

    "Do States Have a Moral Obligation to Obey International Law?," 55 Stanford Law Review 1901 (2003). [CU]

    "Probability Errors: Some Positive and Normative Implications for Tort and Contract Law," 11 Supreme Court Economic Review 125 (2003). [CU]

    "Reparations for Slavery and Other Historical Injustices," 103 Columbia Law Review 689 (2003) (with Adrian Vermeule). [CU]

    "International Agreements: A Rational Choice Approach," 44 Virginia Journal of International Law 113 (2003) (with Jack L. Goldsmith). [CU]

    "Book review (reviewing Robin Paul Malloy, Law and Market Economy (2000))," 18 Economics and Philosophy 183 (2002). [CU]

    "Book Review (reviewing Jody S. Kraus & Steven D. Walt, eds., The Jurisprudential Foundations of Corporate and Commercial Law (2000))," 112 Ethics 626 (2002). [CU]

    "The Law and Economics of Consumer Finance," 4 American Law and Economics Review 162 (2002) (with Richard M. Hynes). [CU] [SSRN]

    "The Signaling Model of Social Norms: Further Thoughts," 36 University of Richmond Law Review 465 (2002). [CU]

    "Interring the Nondelegation Doctrine," 69 University of Chicago Law Review 1721 (2002) (with Adrian Vermeule). [CU]

    "Fear and the Regulatory Model of Counterterrorism," 25 Harvard Journal of Law and Public Policy 681 (2002). [CU]

    "Introduction - Rational Choice and International Law," 31 Journal of Legal Studies S1 (2002) (with Jack L. Goldsmith). [CU]

    "The Jurisprudence of Greed," 151 University of Pennsylvania Law Review 1097 (2002). [CU]

    "Legislative Entrenchment: A Reappraisal," 111 Yale Law Journal 1665 (2002) (with Adrian Vermeule). [CU]

    "Moral and Legal Rhetoric in International Relations: A Rational Choice Perspective," 31 Journal of Legal Studies S115 (2002) (with Jack L. Goldsmith). [CU]

    "Strategies of Constitutional Scholarship ," 26 Law and Social Inquiry 529 (2001). [CU]

    "Law and the Emotions," 89 Georgetown Law Journal 1977 (2001). [CU]

    "Controlling Agencies with Cost-Benefit Analysis: A Positive Political Theory Perspective," 68 University of Chicago Law Review 1137 (2001). [CU]

    "Cost-Benefit Analysis as a Solution to a Principal-Agent Problem," 53 Administrative Law Review 289 (2001). [CU]

    "Using Net Benefit Accounts to Discipline Agencies: A Thought Experiment," 150 University of Pennsylvania Law Review 1473 (2001). [CU]

    "Comment on Means Testing Consumer Bankruptcy by Jean Braucher," 7 Fordham Journal of Corporate and Financial Law 457 (2001). [CU]

    "Further Thoughts on Customary International Law," 23 Michigan Journal of International Law 191 (2001) (with Jack L. Goldsmith). [CU]

    "Law and Regret (reviewing E. Allan Farnsworth, Changing Your Mind: The Law of Regretted Decisions (1998))," 98 Michigan Law Review 1468 (2000). [CU]

    "Book Review (reviewing Peter Newman, ed., The New Palgrave Dictionary of Economics and the Law (1998))," 110 Economic Journal 824 (2000). [CU]

    "Law and Economics for the Masses (reviewing David Friedman, Law's Order : What Economics Has to Do with Law and Why It Matters (2000))," Jurist __ (2000). [CU]

    "Introduction, Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives," 29 Journal of Legal Studies 837 (2000) (with Matthew D. Adler). [CU]

    "Implementing Cost-Benefit Analysis When Preferences Are Distorted," 29 Journal of Legal Studies 1105 (2000) (with Matthew D. Adler). [CU]

    "The Design and Interpretation of Contracts: Why Complexity Matters," 95 Northwestern University Law Review 91 (2000) (with Karen Eggleston & Richard Zeckhauser). [CU]

    "Law and Social Norms: The Case of Tax Compliance," 86 Virginia Law Review 1781 (2000). [CU]

    "A Theory of Contract Law Under Conditions of Radical Judicial Error," 94 Northwestern University Law Review 749 (2000). [CU]

    "Rethinking Cost-Benefit Analysis," 109 Yale Law Journal 165 (1999) (with Matthew D. Adler). [CU] [SSRN]

    "Should Debtors Be Forced into Chapter 13?," 32 Loyola of Los Angeles Law Review 965 (1999). [CU]

    "A Theory of Customary International Law," 66 University of Chicago Law Review 1113 (1999) (with Jack L. Goldsmith). [CU] [SSRN]

    "Arbitration and the Harmonization of International Commercial Law: A Defense of Mitsubishi," 39 Virginia Journal of International Law 647 (1999). [CU]

    "Shaming White-Collar Criminals: A Proposal for Reform of the Federal Sentencing Guidelines," 42 Journal of Law and Economics 365 (1999) (with Dan M. Kahan). [CU] [SSRN]

    "A Positive Theory of Chapter 11," 74 New York University Law Review 161 (1999) (with Kevin A. Kordana). [CU]

    "Understanding the Resemblance between Modern and Traditional Customary International Law," 40 Virginia Journal of International Law 639 (1999) (with Jack L. Goldsmith). [CU]

    "The New Chicago School: Myth or Reality?," 5 University of Chicago Law School Roundtable 1 (1998). [CU]

    "Notes toward a Theory of Customary International Law The Challenge of Non-State Actors: Standards and Norms in International Law," 92 American Society of International Law Proceedings 53 (1998) (with Jack L. Goldsmith).

    "Symbols, Signals, and Social Norms in Politics and the Law," 27 Journal of Legal Studies 765 (1998). [CU] [SSRN]

    "Strategic Basis of Principled Behavior: A Critique of the Incommensurability Thesis," 146 University of Pennsylvania Law Review 1185 (1998). [CU]

    "The Demand for Human Cloning," 27 Hofstra Law Review 579 (1998) (with Richard A. Posner). [CU]

    "The Political Economy of the Bankruptcy Reform Act of 1978," 96 Michigan Law Review 47 (1997). [CU] [SSRN]

    "Standards, Rules, and Social Norms," 21 Harvard Journal of Law and Public Policy 101 (1997). [CU]

    "Parol Evidence Rule, the Plain Meaning Rule, and the Principles of Contractual Interpretation," 146 University of Pennsylvania Law Review 533 (1997). [CU]

    "Altruism, Status, and Trust in the Law of Gifts and Gratuitous Promises," 1997 Wisconsin Law Review 567 (1997). [CU]

    "The Legal Regulation of Religious Groups," 2 Legal Theory 33 (1996). [CU]

    "The Regulation of Groups: The Influence of Legal and Nonlegal Sanctions on Collective Action," 63 University of Chicago Law Review 133 (1996). [CU]

    "Law, Economics, and Inefficient Norms," 144 University of Pennsylvania Law Review 1697 (1996). [CU]

    "Norms, Formalities, and the Statute of Frauds: A Comment," 144 University of Pennsylvania Law Review 1971 (1996). [CU]

    "Contract Law in the Welfare State: A Defense of the Unconscionability Doctrine, Usury Laws, and Related Limitations on the Freedom to Contract," 24 Journal of Legal Studies 283 (1995). [CU]

Book Sections

    "Social Norms and Economic Analysis of the Law," in Economic Analysis of Law: A European Perspective, Aristides N. Hatzis ed. (Edward Elgar, forthcoming). [CU]

    "Reply to Tanner," in Torture and the Forever War, Mark Danner ed. (University of Utah Press, forthcoming).

    "Climate Change Justice," in Conspiracy Theories & Other Dangerous Ideas, (Simon & Schuster, 2014) (with Cass R. Sunstein). [CU]

    "Unemployment and Regulatory Policy," in Does Regulation Kill Jobs?, Cary Coglianese, Adam Finkel & Chris Carrigan eds. (University of Pennsylvania Press, 2013) (with Jonathan Masur). [CU]

    "Transitional Prudence: A Comment on David Dyzenhaus, Leviathan as a Theory of Transitional Justice," in Transitional Justice, (New York University Press, 2012). [CU]

    "Tyrannophobia," in Comparative Constitutional Design, Tom Ginsburg ed. (Cambridge University Press, 2012) (with Adrian Vermeule). [CU]

    "Constitutional Possibility and Constitutional Evolution," in Law, Economics and Evolutionary Theory, Peer Zumbansen & Gralf-Peter Calliess eds. (2011). [CU]

    "Fault in Contract Law," in Fault in American Contract Law, Ariel Porat & Omri Ben-Shahar eds. (Cambridge University Press, 2010). [CU]

    "Introduction," in The Economics of Public International Law, Eric Posner ed. (Edward Elgar, 2010). [CU]

    "Diplomacy, Arbitration, and International Courts," in The Role of International Courts, Carl Baudenbacher & Erhard Busek eds. (German Law Publishers, 2008). [CU]

    "The Decline of the International Court of Justice.," in International Conflict Resolution, Max Albert, Dieter Schmidtchen & Stefan Voigt eds. (2006). [CU]

    "Holding Internet Service Providers Accountable.," in The Law and Economics of Cybersecurity, Mark F. Grady & Francesco Parisi eds. (Cambridge University Press, 2006) (with Douglas Gary Lichtman). [CU]

    "Contract Theory," in The Blackwell Guide to the Philosophy of Law and Legal Theory, William A. Edmundson & Martin P. Golding eds. (Wiley-Blackwell, 2005). [CU]

    "Law," in The Encyclopedia of Social Measurement. Kimberly Kempf-Leonard ed. ( Academic Press, 2005). [CU]

    "Bankruptcy Act of 1978," in Major Acts of Congress, Brian K. Landsberg ed. (Gacl, 2003). [CU]

    in Law and Social Norms, (Bokutakusha, 2002) (Japanese Edition). [CU]

    "Agency Theory in Law and Economics," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000). [CU]

    "Contract Remedies: Forseeability, Precaution, Causation, and Mitigation," in The Encyclopedia of Law and Economics. Boudewijn Bouckaert & Gerrit De Geest eds. (Edward Elgar, 2000). [CU]

    "The Decline of Formality in Contract Law," in The Fall and Rise of Freedom of Contract, Frank Buckley ed. (Duke University Press, 1999). [CU]

    "Family Law and Social Norms," in The Fall and Rise of Freedom of Contract, Frank Buckley ed. (Duke University Press, 1999). [CU]

    "Efficient Norms," in The New Palgrave Dictionary of Economics and the Law, Peter Newman ed. (Macmillan, 1998). [CU]

    "The Demand for Human Cloning," in Clones and Clones: Facts and Fantasies About Human Cloning, Martha Nussbaum & Cass R. Sunstein eds. (W. W. Norton, 1998) (with Richard A. Posner). [CU]

Working Papers

    "Toward a Pigovian State," Coase-Sandor Working Paper Series in Law and Economics, No. 716 (2015) (with Jonathan Masur). [SSRN]

    "Institutional Flip-Flops," Public Law & Legal Theory, No. 501 (2015) (with Cass R. Sunstein). [SSRN]

    "An Empirical Study of Political Bias in Legal Scholarship," Coase-Sandor Institute for Law & Economics Working Paper, No. 696 (2014) (with Adam S. Chilton). [CU] [SSRN]

    "Foreign Affairs Legalism: A Critique," University of Chicago Public Law & Legal Theory Working Paper, No. 291 (2010) (with Daniel Abebe). [CU] [SSRN]

Other Publications

    "Rappers v. Scotus," Slate, June 13, 2014. [WWW]

    "China Can Sink All the Boats in the South China Sea," Slate, May 29, 2014. [WWW]

    "We All Have the Right to be Forgotten," Slate, May 15, 2014. [WWW]

    "Sorry, America, the New World Order Is Dead," Foreign Policy, May 2014. [WWW]

    "The U.S. Constitution Is Impossible to Amend," Slate, May 6, 2014. [WWW]

    "The Puzzle of Paying Amy," Slate, April 26, 2014. [WWW]

    "In Defense of GM," Slate, April 11, 2014. [WWW]

    "What to Do About Crimea? Nothing.," Slate, March 28, 2014. [WWW]

    "Statement to the Privacy & Civil Liberties Oversight Board," Lawfareblog.com, March 15, 2014. [WWW]

    "Let Crimea Go," Slate, March 11, 2014. [WWW]

    "Why Are China and Japan Inching Toward War Over Five Tiny Islands?," Slate, February 26, 2014. [WWW]

    "Who Scores the Best Embassies?," Slate, February 19, 2014. [WWW]

    "The Paranoid Libertarian and His Enemy, the Angry Liberal," Slate, February 15, 2014. [WWW]

    "Now That Boehner Has Backed Down, Let's Fix The Debt Ceiling For Good," New Republic, February 12, 2014. [WWW]

    "Socialized Law Would Be a Massive, Unworkable Nightmare," NewRepublic.com, February 2014. [WWW]

    "The Presidency Comes With Executive Power. Deal With It," NewRepublic.com, February 2014. [WWW]

    "Executive Authority Is A Powerful Tool to Use With Caution," New York Times Room for Debate, January 30, 2014. [WWW]

    "Let’s Make a Deal With Snowden," Slate, January 28, 2014. [WWW]

    "Make Journalists Testify," Slate, January 17, 2014. [WWW]

    "Forget the Framers," Slate, January 9, 2014. [WWW]

    "The NSA’s Metadata Program Is Perfectly Constitutional," Slate, December 31, 2013. [WWW]

    "Stop Fussing Over Personhood," Slate, December 12, 2013. [WWW]

    "How to Make Sure the Volcker Rule Survives in Court," Bloomberg View, December 11, 2013 (with E. Glen Weyl). [WWW]

    "Bitcoin’s Bandwagon Has Never Been More Crowded," NewRepublic.com, December 2013. [WWW]

    "Benefit-Cost Paradigms in Financial Regulation," HLS Forum on Corporate Governance and Financial Regulation, November 24, 2013 (with E. Glen Weyl). [CU] [WWW]

    "Centrists Should Mourn the Demise of the Filibuster," Slate, November 23, 2013. [WWW]

    "You Can Have Either Climate Justice or a Climate Treaty," Slate, November 20, 2013. [WWW]

    "Is the Constitution Written Like the Da Vinci Code?," Slate, November 1, 2013. [WWW]

    "Keep Spying on Foreigners, NSA," Slate, November 15, 2013. [WWW]

    "The Paradox of Secrecy (reviewing Rahul Sagar, Secrets and Leaks: The Dilemma of State Secrecy (2013))," The New Republic, November 2013, at p.52. [WWW]

    "A Solution to the Collective Action Problem in Corporate Reorganization," HLS Forum on Corporate Governance and Financial Regulation, October 24, 2013 (with E. Glen Weyl). [CU] [WWW]

    "Never Again," Slate, October 17, 2013. [WWW]

    "If He Has to, Obama Should Raise the Debt Ceiling Unilaterally," Slate, October 12, 2013. [WWW]

    "Three Ways Obama Could Raise the Debt Ceiling On His Own," NewRepublic.com, October 2013. [WWW]

    "Emergency Powers Let the President Borrow Beyond the Debt Limit," New York Times Room for Debate, October 3, 2013. [WWW]

    "On the Debt Ceiling, at Least, Congress Will Blink," Slate, September 31, 2013. [WWW]

    "Assad and the Death of the International Criminal Court," Slate, September 20, 2013. [WWW]

    "The U.S. Ignores the U.N. Charter Because It’s Broken," Slate, September 10, 2013. [WWW]

    "Obama Is Only Making His War Powers Mightier," Slate, September 4, 2013. [WWW]

    "The U.S. Has No Legal Basis to Intervene in Syria," Slate, August 29, 2013. [WWW]

    "Frisk Aversion," Slate, August 22, 2013. [WWW]

    "The Virtues of Government Secrecy," Slate, August 6, 2013. [WWW]

    "Square Root Voting: A New Approach to Regulation of Chaebol, Keiretsu, and Other Conglomerate Organizations in Asia," The CLS Blue Sky Blog, July 25, 2013 (with E. Glen Weyl & Sang-Seung Yi). [WWW]

    "The Best Rescue Plan for Detroit," Slate, July 24, 2013. [WWW]

    "Secrets and Scoops, Part 2," Slate, July 23, 2013 (with Emily Bazelon). [WWW]

    "How to Make Poison Pills Palatable," New York Times, July 18, 2013 (with E. Glen Weyl). [WWW]

    "Wrong Number," Slate, July 10, 2013. [WWW]

    "Why Won’t Anyone Take Edward Snowden?," Slate, July 4, 2013. [WWW]

    "Supreme Court 2013: The Year in Review," Slate, June 28, 2013. [WWW]

    "Supreme Court 2013: The Year in Review," Slate, June 27, 2013. [WWW]

    "Supreme Court 2013: The Year in Review," Slate, June 26, 2013. [WWW]

    "Supreme Court 2013: The Year in Review," Slate, June 25, 2013. [WWW]

    "Supreme Court 2013: The Year in Review," Slate, June 22, 2013. [WWW]

    "Supreme Court 2013: The Year in Review," Slate, June 21, 2013. [WWW]

    "Secrecy and Freedom," New York Times Room for Debate, June 10, 2013 (with Jameel Jaffer). [WWW]

    "Quadratic Vote Buying, Square Root Voting, and Coporate Governance," HLS Forum on Corporate Governance and Financial Regulation, June 7, 2013 (with E. Glen Weyl). [CU] [WWW]

    "The Good Way to Buy Votes," Slate, June 6, 2013. [WWW]

    "Chill? What Chill? Threat's Overstated," USA Today, May 31, 2013, at p. A6. [WWW]

    "President Ruthless," Slate, May 24, 2013. [WWW]

    "Secrets and Scoops," Slate, May 18, 2013 (with Emily Bazelon). [WWW]

    "The Killer Robot War Is Coming," Slate, May 16, 2013. [WWW]

    "Shareholder Democracy Needs People To Pay for Their Votes," Financial Times, May 14, 2013 (with E. Glen Weyl). [WWW]

    "President Obama Can Shut Guantanamo Whenever He Wants," Slate, May 3, 2013. [WWW]

    "The United States Can’t Be the World’s Courthouse," Slate, April 25, 2013. [WWW]

    "The New Law We Need in Order to Deal With Dzhokhar Tsarnaev," Slate, April 23, 2013. [WWW]

    "Fool's Gold," Slate, April 12, 2013. [WWW]

    "Indefinite Articles," Slate, March 20, 2013. [WWW]

    "Let's Collect Everyone's DNA!," Chicago Tribune, March 11, 2013, at p. 22. [WWW]

    "The Mother of DNA Databases," Slate, March 6, 2013. [WWW]

    "Ronald Dworkin's Error," Slate, February 20, 2013. [WWW]

    "President Obama Can Do Anything He Wants To Fight Terrorism," Slate, February 6, 2013. [WWW]

    "Benefit-Cost Analysis for Financial Regulation," HLS Forum on Corporate Governance and Financial Regulation, February 5, 2013 (with E. Glen Weyl). [WWW]

    "There's No Such Thing as an Illegal Immigrant," Slate, February 5, 2013. [WWW]

    "How Aaron Swartz's Cause Wins in the End," Slate, January 23, 2013. [WWW]

    "The Danger Lurking Behind the Platinum Coin," Slate, January 11, 2013. [WWW]

    "The President Has the Power to Raise the Debt Ceiling on His Own," Slate, January 5, 2013. [WWW]

    "Against Casino Finance," National Affairs, Winter 2013 (with E. Glen Weyl). [WWW]

    "The Case for Cost-Benefit Analysis in Financial Regulation," Regulation, Winter 2013. [CU] [WWW]

    "Don’t Worry About the Voting Rights Act," Slate, November 21, 2012 (with Nicholas Stephanopoulos). [WWW]

    "Assange's London Bunker," Wall Street Journal, August 22, 2012, at p. A13. [WWW]

    "The Imperial President of Arizona," Slate, June 27, 2012. [WWW]

    "Book Review(Perils and Privileges: Showdown in the Sonoran Desert: Religion, Law, and the Immigration Controversy, by Ananda Rose)," New Republic, June 2012. [WWW]

    "The Absurd International Criminal Court," Wall Street Journal, June 12, 2012, at p. A13. [WWW]

    "How Low Can We Go? (reviewing Daniel Gross, Better, Stronger, Faster: The Myth of American Decline ... and the Rise of a New Economy (2012))," New Republic, May 2012. [WWW]

    "How Do We Know? (reviewing Jim Manzi, Uncontrolled: The Surprising Payoff of Trial-and-Error for Business, Politics, and Society (2012))," New Republic, April 26, 2012. [WWW]

    "FDA for Securities Could Avert Crises," Pittsburgh Post-Gazette, April 22, 2012, at p. A7 (with E. Glen Weyl). [WWW]

    "Not Worth the Gamble; Why It Should Be Illegal to Speculate Using Financial Derivatives," Slate, April 5, 2012. [WWW]

    "An FDA for Securities Could Help Avert Crises," Bloomberg, April 3, 2012 (with E. Glen Weyl). [WWW]

    "The Longest Battle (reviewing Mary Dudziak, War Time: An Idea, Its History, Its Consequences (2012))," New Republic, February 7, 2012. [WWW]

    "A Minimalist Reparations Regime for the International Criminal Court," Human Rights and International Criminal Law Online Forum, February 2, 2012. [WWW]

    "Newt and His Surprising Liberal Allies; He's Not the Only One Who Thinks There Is a Huge Problem with Giving the Supreme Court Final Say on the Constitution," Slate, December 21, 2011. [WWW]

    "Liberalism and Concealment (reviewing Anita Allen, Unpopular Privacy: What Must We Hide? (2011))," New Republic, December 14, 2011. [WWW]

    "Outside the Law," Foreign Policy, October 2011. [WWW]

    "Casual with the Court (reviewing Kevin J. McMahon, Nixon’s Court: His Challenge to Judicial Liberalism and Its Political Consequences (2011))," New Republic, October 25, 2011. [WWW]

    "Obama Should Raise the Debt Ceiling on His Own," New York Times, July 23, 2011 (with Adrian Vermeule). [WWW]

    "Shooting It Out (reviewing Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America (2011))," New Republic, July 7, 2011. [WWW]

    "Stop Complaining About Harold Koh’s Interpretation of the War Powers Act," New Republic, July 2011. [WWW]

    "Libyan Legal Limbo," Slate, June 28, 2011 (with Adrian Vermeule). [WWW]

    "The Beginning and The End (reviewing Elizabeth Price Foley, The Law of Life and Death (2011))," New Republic Online, June 24, 2011. [WWW]

    "The Lying Game (reviewing James Stewart, Tangled Webs: How False Statements are Undermining America: From Martha Stewart to Bernie Madoff (2011))," New Republic Online, May 30, 2011. [WWW]

    "The Court of Literature (reviewing Kenji Yoshino, A Thousand Times More Fair: What Shakespeare’s Plays Tell Us About Justice (2012))," New Republic Online, April 15, 2011. [WWW]

    "Huck and Jim and Law (Reviewing Ethan J. Leib, Friend v. Friend: The Transformation of Friendship and What the Law Has to Do with It (2011))," New Republic Online, February 22, 2011. [WWW]

    "Obama’s Cost-Benefit Analysis," New Republic Online, January 23, 2011. [WWW]

    "Why Is Originalism So Popular?," New Republic Online, January 15, 2011. [WWW]

    "One Side Now (reviewing Erwin Chemerinsky, The Conservative Assault on the Constitution (2010))," New Republic, January 2011. [WWW]

    "How Not To Solve the European Debt Crisis," Slate, December 3, 2010 (with G. Mitu Gulati). [WWW]

    "POTUS-phobia (reviewing Bruce Ackerman, The Decline and Fall of the American Republic (2010))," New Republic, November 2010. [WWW]

    "The Four Tops (reviewing Noah Feldman, Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (2010))," New Republic Online, October 15, 2010. [WWW]

    "Echoes of Subprime Ring Out Across Greek Debt Crisis," Financial Times, June 29, 2010 (with G. Mitu Gulati). [WWW]

    "The Gaza Blockade and International Law," Wall Street Journal, June 5, 2010, at p. 19.

    "Europe's Missing Identity," Wall Street Journal, June 5, 2010.

    "The Case for Electing Judges in Missouri," Newsweek, May 2010. [WWW]

    "The Limits of Limits (reviewing Kal Raustiala, Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law (2009))," New Republic, May 2010, at p.36.

    "Garzon and the Trouble with International Law," Wall Street Journal, April 15, 2010, at p. 21.

    "Executive Decision (reviewing Benjamin Kleinerman, The Discretionary President: The Promise and Peril of Executive Power (2009))," New Republic, 2010. [WWW]

    "The Decider (reviewing Frank J. Collucci, Justice Kennedy's Jurisprudence: The Full and Necessary Meaning of Liberty (2009))," New Republic, 2010. [WWW]

    "The Prudent and the Imprudent (reviewing Gabriel Schoenfeld, Necessary Secrets: National Security, the Media, and the Rule of Law (2010))," New Republic, 2010. [WWW]

    "Outcomes, Outcomes (reviewing Jack M. Balkin and Reva B. Siegel (eds.), The Constitution in 2020 (2009))," New Republic, August 2009, at p.43 (with Adrian Vermeule). [WWW]

    "The Better, Cheaper Mortgage Fix," Slate, March 3, 2009 (with Luigi Zingales). [WWW]

    ""An Argument against Legal Extremism," (Reviewing Philip K. Howard, Life without Lawyers: Liberating Americans from Too Much Law (Norton 2009))," Daily Beast, February 18, 2009 (with Robert Silver). [WWW]

    "Destructive Technologies Require Us to Reassess Civil Liberties," Boston Review, December 2008. [WWW]

    "Does Europe Believe in International Law?," Wall Street Journal, November 26, 2008, at p. A15 (with Jack L. Goldsmith). [WWW]

    "Book Review (reviewing Benjamin Wittes, Law and the Long War (2008))," New York Post, July 28, 2008. [WWW]

    "Out of Commission," Slate, February 14, 2008 (with Jack L. Goldsmith). [WWW]

    "Global Warming and Social Justice," Regulation, Spring 2008 (with Cass R. Sunstein). [SSRN]

    "The Great Divide," New Republic Online, December 21, 2007 (with Cass R. Sunstein). [WWW]

    "Pay China to Cut Emissions," Financial Times, August 6, 2007, at p. 11 (with Cass R. Sunstein). [WWW]

    "The New Race for the Arctic," Wall Street Journal, August 4, 2007, at p. A8.

    "What the Cold War Taught Us," Wall Street Journal, April 22, 2007, at p. A9.

    "'Humanitarian' Wars Carry the Risk of Worse Atrocities," San Jose Mercury News, October 5, 2006, at p. OP1.

    "Humanitarian Intervention Usually Makes Matters Worse," Washington Post, October 2, 2006, at p. B7. [WWW]

    "The Humanitarian War Myth," Washington Post, October 2, 2006, at p. B07.

    "A Better Way on Detainees," Washington Post, August 5, 2006, at p. A17 (with Jack L. Goldsmith). [WWW]

    "Signing Statements: It's a President's Right," Boston Globe, August 4, 2006 (with Curtis A. Bradley).

    "Apply the Golden Rule to al Qaeda?," Wall Street Journal, July 16, 2006, at p. A9.

    "Sins of the Fatherland," Boston Globe, March 6, 2006, at p. E4. [WWW]

    "The Politics of Saddam’s Trial," openDemocracy.net, October 1, 2005 (Republished in German translation as “Recht in Verlegenheit,” Süddeutsche Zeitung 15 November 28, 2005). [WWW]

    "Justice Within Limits," New York Times, September 27, 2005, at p. A20.

    "Judicial Cliches on Terrorism," Washington Post, August 9, 2005 (with Adrian Vermeule). [WWW]

    "Where's the Old Bolton When We Need Him?," Los Angeles Times, April 20, 2005, at p. B13 (with John C. Yoo). [WWW]

    "All Hail . . . King George?," Foreign Policy Online, March 2005. [WWW]

    "All Justice, Too, Is Local," New York Times, December 31, 2004, at p. A23. [WWW]

    "A 'Torture Memo' and Its Tortuous Critics," Wall Street Journal, July 7, 2004, at p. A22 (with Adrian Vermeule).

    "Bring Back the Baathists," New York Times, April 29, 2004, at p. A23. [WWW]

    "International Court of Hubris," Wall Street Journal, April 8, 2004, at p. A18 (with John C. Yoo).

    "Reign of Terror," Chicago Tribune, January 19, 2004 (with John C. Yoo). [WWW]

    "The Patriot Act Under Fire," Wall Street Journal, December 10, 2003, at p. A10 (with John C. Yoo).

    "Crimes and Punishment," Wall Street Journal, April 12, 2003 (with Adrian Vermeule).

    "The Real Problem With Law Schools," Slate, April 3, 2003. [WWW]

    "Evaluating Transfer Regulations," Regulation, Winter 2003. [SSRN] [WWW]

    "When Reforming Accounting, Don't Forget Regulation," AEI-Brookings Joint Center Policy Matters, August 2002.