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Eric Posner : Publications

Books (Author)

Economic Foundations of International Law. Harvard University Press, 2013 (with Alan Sykes).

Contract Law and Theory. Aspen, 2011.

Climate Change Justice. Princeton University Press, 2010 (with David Weisbach).

The Perils of Global Legalism. University of Chicago Press, 2009.

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

New Foundations of Cost-Benefit Analysis. Harvard University Press, 2006 (with Matthew Adler).

The Limits of International Law. Oxford University Press, 2005 (with Jack Goldsmith).

Law and Social Norms. Harvard University Press, 2000. (South Asia ed., 2008)

Books (Editor)

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

Social Norms, Nonlegal Sanctions, and the Law, Economic Approaches to Law. Edward Elgar, 2007.

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

Chicago Lectures in Law and Economics. Foundation Press, 2000.

Book Sections

"Tyrannophobia." In Comparative Constitutional Design, Tom Ginsburg, ed. Cambridge University Press, 2012 (with Adrian Vermeule).

"Social Norms and Economic Analysis of the Law." In Economic Analysis of Law: A European Perspective, edited by Aristides N. Hatzis. Edward Elgar, 2009.

"Diplomacy, Arbitration, and International Courts." In The Role of International Courts, edited by Carl Baudenbacher and Erhard Busek. German Law Publishers, 2008.

"The Decline of the International Court of Justice." In International Conflict Resolution, edited by Stefan Voigt, Max Albert, and Dieter Schmidtchen, 2006.

"Holding Internet Service Providers Accountable." In The Law and Economics of Cybersecurity, edited by Mark F. Grady and Francesco Parisi. Cambridge University Press, 2006 (with Douglas Lichtman).

"Contract Theory." In The Blackwell Guide to the Philosophy of Law and Legal Theory, edited by Martin P. Golding and William A. Edmundson. Wiley-Blackwell, 2005.

"Bankruptcy Act of 1978." In vol. 1 of Major Acts of Congress, edited by Brian K. Landsberg. Gacl, 2003.

"Agency Theory in Law and Economics." In Chicago Lectures in Law and Economics, edited by Eric Posner. Foundation Press, 2000.

"The Decline of Formality in Contract Law." In The Fall and Rise of Freedom of Contract, edited by Frank Buckley. Duke University Press, 1999.

"Family Law and Social Norms." In The Fall and Rise of Freedom of Contract, edited by Frank Buckley. Duke University Press, 1999.

"The Demand for Human Cloning." In Clones and Clones: Facts and Fantasies About Human Cloning, edited by Martha C. Nussbaum and Cass R. Sunstein. W. W. Norton, 1998 (with Richard A. Posner).

"Efficient Norms." In The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. Macmillan, 1998.

Electronic Articles

Secrecy and Freedom, New York Times Room for Debate, June 9, 2013 (exchange with Jameel Jaffer).

Quadratic Vote Buying, Square Root Voting, and Corporate Governance, HLS Forum on Corporate Governance and Financial Regulation, June 6, 2013 (with Glen Weyl).

Benefit-Cost Analysis for Financial Regulation, HLS Forum on Corporate Governance and Financial Regulation, February 4, 2013 (with Glen Weyl).

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

Encyclopedia Articles

"Law." In The Encyclopedia of Social Measurement, edited by Kimberly Kempf-Leonard. Academic Press, 2005.

"Contract Remedies: Forseeability, Precaution, Causation, and Mitigation." In The Encyclopedia of Law and Economics, edited by Boudewijn Bouckaert and Gerrit De Geest. Edward Elgar, 2000.

Journal Articles

"What Do Federal District Judges Want?: An Analysis of Publications, Citations, and Reversals." 28 Journal of Law, Economics, and Organization (forthcoming) (with Stephen J. Choi and Mitu Gulati).

"Introduction to Symposium on Immigration Law and Institution Design." 80 University of Chicago Law Review 1 (2013) (with Adam B. Cox and Richard A. Epstein).

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

"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)

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

"Benefit-Cost Analysis for Financial Regulation." 103 American Economics Review: Papers & Proceedings 393 (2013) (with E. Glen Weyl).

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

"The Dynamics of Contract Evolution." 88 NYU Law Review 1 (2013) (with Stephen J. Choi and Mitu Gulati).

"Aggregation and the Law." 122 Yale Law Journal 2 (2012) (with Ariel Porat).

"Human Rights, the Laws of War, and Reciprocity." 6 Law & Ethics of Human Rights 148 (2012).

"Delegation in Immigration Law." 79 University of Chicago Law Review 1285 (2012) (with Adam Cox).

"Some Skeptical Comments on Beth Simmons’s Mobilizing for Human Rights." 44 NYU Journal of International Law & Politics 819 (2012).

"The Evolution of Contractual Terms in Sovereign Bonds."4(1) Journal of Legal Analysis 131 (2012) (with Stephen J. Choi and Mitu Gulati).

"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).

"Transitional Prudence: A Comment on David Dyzenhaus, Leviathan as a Theory of Transitional Justice." 51 NOMOS 218 (2012).

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

"Judging Women." 8 Journal of Empirical Legal Studies 504 (2011) (with Stephen J. Choi, Mitu Gulati, and Mirya Holman).

Review of Larry May, Global Justice and Due Process. 25 Ethics & International Affairs 481 (2011).

"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 and Mitu Gulati).

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

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

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

"On the Evasion of Executive Term Limits." 52 William and Mary Law Review 1807 (2011) (with James Melton and Zachary Elkins).

"Reputation, Information and the Organziation of the Judiciary." 4 Journal of Compartive Law 226 (2011).

"Eastphalia and East Asian Regionalism." 44 University of California Davis Law Review 859 (2010).

"Divide And Conquer." 2 Journal of Legal Analysis 417 (2010) (with Kathryn E. Spier and Adrian Vermeule).

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

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

"Professionals or Politicians?: The Uncertain Empirical Case for an Elected Judiciary." 26 Journal of Law and Economics 290 (2010) (with Stephen Choi and Mitu Gulati; also published in the Journal of Law, Economics and Organization).

"Against Feasibility Analysis." 77 University of Chicago Law Review 657 (2010) (with Jonathan Masur).

"Professionals or Politicians?: The Uncertain Empirical Case for an Elected Judiciary." 26 Journal of Law and Economics 290 (2010) (with Stephen Choi and Mitu Gulati).

"Subconstitutionalism." 62 Stanford Law Review 1583 (2010) (with Tom Ginsburg).

"A Loan Modification Approach to the Housing Crisis." 11 American Law and Economics Review 579 (2009) (with Luigi Zingales).

"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).

"The Rights of Migrants: An Optimal Contract Framework." 84 New York University Law Review 1403 (2009).

"The Alien Tort Statute and Transitional Justice." ASIL Proceedings (forthcoming).

"International Human Rights and Global Warming." University of Pennsylvania Law Review (forthcoming).

"Are Judges Overpaid?" 1 Journal of Legal Analysis 47 (2009) (with Stephen J. Choi and G. Mitu Gulati).

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

"Fault in Contract Law." 107 Michigan Law Review 1431 (2009).

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

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

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

"Boumediene and the Uncertain March of Judicial Cosmopolitanism." 23 Cato Supreme Court Review (2008).

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

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

"Does Political Bias in the Judiciary Matter? Implications of Judicial Bias Studies for Legal Reform." 75 University of Chicago Law Review 853 (2008).

"The Ethics of Climate Change." 31 Regulation 14 (2008) (with Cass R. Sunstein).

"Happiness Research and Cost-Benefit Analysis." 37 Journal of Legal Studies 253 (2008) (with Matthew Adler).

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

"Introduction to the Conference on Law and Happiness." 37 Journal of Legal Studies 1 (2008) (with Cass R. Sunstein).

"Policy by Reflex." Review of The Matador's Cape: America's Reckless Response to Terrorism, by Stephen Holmes. 70 Review of Politics 513 (2008).

"Soft Law: Lessons from Congressional Practice." 61 Stanford Law Review 573 (2008) (with Jacob E. Gersen).

Review of The Limits of Leviathan: Contract Theory and the Enforcement of International Law, by Robert E. Scott and Paul B. Stephan. 101 American Journal of International Law 509 (2007).

Review of Law Without Nations? Why Constitutional Government Requires Sovereign State, by Jeremy A. Rabkin. 4 Perspectives on Politics 432 (2007).

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

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

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

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

"A Critique of the Odious Debt Doctrine." 70 Law and Contemporary Problems 33 (2007) (with Albert Choi).

"Debate: Chevronizing Foreign Relations." 116 Yale Law Journal 1170 (2007) (with Cass R. Sunstein).

"An Economic Analysis of State and Individual Responsibility Under International Law." 9 American Law and Economics Review 72 (2007) (with Alan Sykes).

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

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

"Response - On Learning From Others." 59 Stanford Law Review 1309 (2007) (with Cass R. Sunstein).

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

"Signing Statements and Executive Power." 23 Constitutional Commentary 307 (2007) (with Curtis Bradley).

"Timing Rules and Legislative Actions." 121 Harvard Law Review 543 (2007) (with Jacob Gersen).

Review of Terrorism and the State: Rethinking the Rules of State Responsibility, by Tal Becker. 121 Political Science Quarterly 505 (2006).

"Emergencies and Democratic Failure." 92 Virginia Law Review 1091 (2006) (with Adrian Vermeule).

"Holding Internet Service Providers Accountable." 14 Supreme Court Economic Review 221 (2006) (with Douglas Lichtman).

"International Law and the Rise of China." 7 Chicago Journal of International Law 1 (2006) (with John Yoo).

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

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

"The New International Law Scholarship." 34 Georgia Journal of International and Comparative Literature 463 (2006).

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

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

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

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

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

"Judicial Independence in International Tribunals." 93 California Law Review 1 (2005) (with John Yoo).

"Optimal War and Jus ad Bellum." 93 Georgetown Law Journal 993 (2005) (with Alan Sykes).

"Political Trials in Domestic and International Law." 34 Duke Law Journal 75 (2005).

"Reply to Helfer and Slaughter." 93 California Law Review 957 (2005) (with John Yoo).

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

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

"Evaluating Transfer Regulations." 26 Regulation 42 (2004).

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

"Do States Have a Moral Obligation to Comply with International Law?" 55 Stanford Law Review 1901 (2003).

"Economic Analysis of Contract Law After Three Decades: Success or Failure?" 112 Yale Law Journal 829 (2003).

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

"International Agreement: A Rational Choice Approach." 44 Virginia Journal of International Law 113 (2003) (with Jack Goldsmith).

"The Jurisprudence of Greed." 151 University of Pennsylvania Law Review 1097 (2003).

"The Nondelegation Doctrine: A Postmortem." 70 University of Chicago Law Review 1331 (2003) (with Adrian Vermeule).

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

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

"Tobacco Regulation or Litigation?". Review of Smoke-Filled Rooms by W. Kip Viscusi. 70 University of Chicago Law Review 1141 (2003).

"Transitional Justice as Ordinary Justice." 117 Harvard Law Review 761 (2003) (with Adrian Vermeule).

Review of Law and Market Economy, by Robin Paul Malloy. 18 Economics and Philosophy 183 (2002).

Review of The Jurisprudential Foundations of Corporate and Commercial Law, edited by Jody S. Kraus and Steven D. Walt. 112 Ethics 626 (2002).

"Comment on Jean Braucher's Means Testing Consumer Bankruptcy " Fordham Journal of Corporate and Financial Law (2002).

"Controlling Agencies with Net Benefit Accounts: A Thought Experiment." 150 University of Pennsylvania Law Review 1473 (2002).

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

"Further Thoughts on Customary International Law." 23 Michigan Journal of International Law 191 (2002) (with Jack Goldsmith).

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

"Introduction to a Conference on Rational Choice and International Law." 31 Journal of Legal Studies S1 (2002).

"The Law and Economics of Consumer Finance." 4 American Law and Economics Review 162 (2002) (with Richard Hynes).

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

"Moral and Legal Rhetoric in International Relations: A Relational Choice Perspective." 31 The Journal of Legal Studies S115 (2002) (with Jack Goldsmith).

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

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

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

"Law and the Emotions." 89 Georgetown Law Journal 1977 (2001).

"Strategies of Constitutional Scholarship." Review of The Strategic Constitution, by Robert D. Cooter. 26 Law and Social Inquiry 529 (2001).

Review of The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. 110 Economic Journal 824 (2000).

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

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

"Introduction to the Conference on Cost-Benefit Analysis." 29 Journal of Legal Studies 837 (2000) (with Matthew Adler).

"Law and Economics for the Masses." Review of Law's Order, by David Friedman. Jurist (2000).

"Law and Regret." Review of Changing Your Mind, by E. Allan Farnsworth. 98 Michigan Law Review 1468 (2000).

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

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

"Understanding the Resemblance Between Modern and Traditional Customary International Law." 40 Virginia Journal of International Law 639 (2000) (with Jack Law Goldsmith).

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

"The Demand for Human Cloning." 27 Hofstra Law Review 579 (1999) (with Richard A. Posner).

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

"Rethinking Cost-Benefit Analysis." 109 Yale Law Journal 165 (1999) (with Matthew Adler).

"Shaming White Collar Criminals under the Federal Sentencing Guidelines." 42 Journal of Law and Economics 365 (1999) (with Dan M. Kahan).

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

"A Theory of Customary International Law." 66 University of Chicago Law Review 1113 (1999) (with Jack Law Goldsmith).

"Notes Toward a Theory of Customary International Law." 92 ASIL Proceedings 53 (1998) (with Jack Law Goldsmith).

"The Parol Evidence Rule, the Plain Meaning Rule, and the Principles of Contractual Interpretation." 146 University of Pennsylvania Law Review 533 (1998).

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

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

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

"The Political Economy of the Bankruptcy Reform Act of 1978." 96 Michigan Law Review 47 (1997).

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

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

"The Legal Regulation of Religious Groups." 2 Legal Theory 33 (1996).

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

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

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

Magazine Articles

"The Good Way to Buy Votes", Slate, June 5, 2013.

"President Ruthless," Slate, May 23, 2013.

"Secrets and Scoops," Slate, May 17, 2013 (exchange with Emily Bazelon).

"The Killer Robot War Is Coming," Slate, May 15, 2013.

"The United States Can’t Be the World’s Courthouse," Slate, April 24, 2013.

"Shareholder Democracy Needs People To Pay for Their Votes," Financial Times, May 13, 2013 (with Glen Weyl).

"President Obama Can Shut Guantanamo Whenever He Wants," Slate, May 2, 2013.

"The New Law We Need in Order to Deal With Dzhokhar Tsarnaev," Slate, April 22, 2013.

"Fool’s Gold," Slate, April 11, 2013.

"The Real Problem With Law Schools," Slate, April 2, 2013.

"Indefinite Articles," Slate, March 19, 2013.

"The Mother of DNA Databases," Slate, March 5, 2013.

"Ronald Dworkin’s Error," Slate, February 19, 2013.

"President Obama Can Do Anything He Wants To Fight Terrorism," Slate, February 5, 2013.

"There’s No Such Thing as an Illegal Immigrant," Slate, February 4, 2013.

"How Aaron Swartz’s Cause Wins in the End," Slate, January 22, 2013.

"The President Has the Power to Raise the Debt Ceiling on His Own," Slate, January 4, 2013.

"The Danger Lurking Behind the Platinum Coin," Slate, January 10, 2013.

"Against Casino Finance," National Affairs, No. 14, p. 58, Winter 2013 (with Glen Weyl).

"Why the U.S. Shouldn’t Sign On to Empty Human Rights Treaties," Slate, December 21, 2012.

"The War on Terror Will Be Ever With Us," Slate, December 11, 2012.

"Is Israel or Hamas Breaking International Law in Gaza?," Slate, November 27, 2012.

"Don’t Worry About the Voting Rights Act," Slate, November 20, 2012 (with Nicholas Stephanopoulos).

"Citizens United Is Still Worth Hating", Slate, November 9, 2012.

"Why Amnesty Should Lose at the Supreme Court", Slate, October 26, 2012.

"The Drones Are Coming to Libya", Slate, October 17, 2012.

"Obama’s Drone Dilemma", Slate, October 8, 2012.

"Overruled: How Conservative Was Chief Justice Rehnquist?", Review of John A. Jenkins, The Partisan: The Life of William Rehnquist, The New Republic, The Book, October 2, 2012.

"The World Doesn’t Love the First Amendment", Slate, September 25, 2012.

"The Lincoln Laws", Review of John Fabian Witt, Lincoln’s Code, Slate, August 28, 2012.

"The Other Value of Life", Review of Kenneth R. Feinberg, Who Gets What: Fair Compensation After Tragedy and Financial Upheaval, The New Republic, The Book, July 31, 2012.

"Capitalism Is Regulation," Review of Edward Conard, Unintended Consequences: Why Everything You’ve Been Told about the Economy Is Wrong, The New Republic, The Book, July 5, 2012.

"The Imperial President of Arizona." Slate, June 26, 2012.

"Perils and Privileges, Review of Ananda Rose, Showdown in the Sonoran Desert: Religion, Law, and the Immigration Controversy." The New Republic, June 11, 2012.

"How Low Can We Go?" Review of Daniel Gross, Better, Stronger, Faster: The Myth of American Decline ... and the Rise of a New Economy, The New Republic, May 17, 2012.

"How Do We Know?" Review of Jim Manzi, Uncontrolled: The Surprising Payoff of Trial-and-Error for Business, Politics, and Society, The New Republic, April 25, 2012.

"Not Worth the Gamble; Why It Should Be Illegal to Speculate Using Financial Derivatives." Slate, April 4, 2012.

"The Longest Battle." Review of Mary Dudziak, War Time, The New Republic, February 6, 2012.

"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 20, 2011.

"Liberalism and Concealment." Review of Anita Allen, Unpopular Privacy: What Must We Hide?, The New Republic, December 13, 2011.

"Outside the Law." Foreign Policy, October 25, 2011.

"Casual with the Court." Review of Kevin J. McMahon, Nixon’s Court: His Challenge to Judicial Liberalism and Its Political Consequences. The New Republic, October 24, 2011.

"Shooting It Out." Review of Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America, The New Republic, July 6, 2011.

"Stop Complaining About Harold Koh’s Interpretation of the War Powers Act." The New Republic, July 1, 2011.

"The Limits of Limits." Review of Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law by Kal Raustiala. The New Republic, May 5, 2010, p. 36.

"The Decider, Review of Justice Kennedy's Jurisprudence: The Full and Necessary Meaning of Liberty by Frank J. Colluci." In The Book, 2010.

"Executive Decision, Review of The Discretionary President: The Promise and Peil of Executive Power by Benjamin Kleinerman." In The Book, 2010.

"The Prudent and the Imprudent, Review of Necessary Secrets: National Security, the Media, and the Rule of Law by Gabirl Schoenfeld." In The Book, 2010.

"The Case for Electing Judges in Missouri." Newsweek, May 2010, p. 6.

"Outcomes, Outcomes." The New Republic, August 12 2009, p. 43.

"The Great Divide." The New Republic, December 20 2007 (with Cass Sunstein).

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

"When Reforming Accounting, Don't Forget Regulation." AEI-Brookings Joint Center Policy Matters, August 2002, p. 2.

Newspaper Articles

Assange’s London Bunker, Wall Street Journal, August 21, 2012, A13.

"The Absurd International Criminal Court." Wall Street Journal, June 11, 2012, p. 13.

"FDA for Securities Could Avert Crises." Pittsburgh Post-Gazette, April 21, 2012, p. A-7.

"An FDA for Securities Could Help Avert Crises." Bloomberg, April 2, 2012 (with Glen Weyl).

"Obama Should Raise the Debt Ceiling on His Own." The New York Times, July 22, 2011 (with Adrian Vermeule).

"Echoes of Subprime Ring Out Across Greek Debt Crisis." Financial Times, June 28, 2010 (with Mitu Gulati).

"Europe's Missing Identity." Wall Street Journal, June 4, 2010.

"The Gaza Blockade and International Law." The Wall Street Journal, June 4, 2010, p. 19.

"Garzon and the Trouble with International Law." Wall Street Journal, April 14, 2010, p. 21 (with Baltazar Garzon).

Review of Law and the Long War, by Benjamin Wittes. The New York Post, July 27, 2008.

"Destructive Technologies Require Us to Reassess Civil Liberties." Boston Review, December 10, 2008.

"Does Europe Believe in International Law?" The Wall Street Journal, November 25, 2008, p. A15.

"Does Europe Believe in International Law?" The Wall Street Journal, November 25, 2008 (with Jack Goldsmith).

"The New Race for the Arctic." The Wall Street Journal, August 3, 2007, p. A8.

"Pay China to Cut Emissions." The Financial Times, August 5, 2007, p. 11 (with Cass R. Sunstein).

"What the Cold War Taught Us." The Wall Street Journal, April 21, 2007, p. A9.

"A Better Way on Detainees." The Washington Post, August 4, 2006, p. A17 (with Jack Goldsmith).

"Detention, Not Trial, for Terror Suspects." The Star-Ledger, August 7, 2006, p. 15 (with Jack Goldsmith).

"Humanitarian Intervention Usually Makes Matters Worse." The Washington Post, October 1, 2006, p. B7.

"Humanitarian Intervention Usually Makes Matters Worse." Guelph Mercury, October 3, 2006.

"Humanitarian Intervention Usually Makes Matters Worse." The Atlanta Journal-Constitution, October 11, 2006, p. 15A.

"The Humanitarian War Myth." The Washington Post, October 1, 2006, p. B07.

"'Humanitarian' Wars Carry the Risk of Worse Atrocities." San Jose Mercury News, October 4, 2006, p. OP1.

"Signing Statements: It's a President's Right." Boston Globe, August 3, 2006 (with Curtis Bradley).

"Sins of the Fatherland." The Boston Globe, March 5, 2006, p. E4.

"Judicial Cliches on Terrorism." The Washington Post, August 8, 2005 (with Adrian Vermeule).

"Justice Within Limits." The New York Times, September 26, 2005, p. A20.

"Where's the Old Bolton When We Need Him?" Los Angeles Times, April 19, 2005, p. B13 (with John Yoo).

"All Justice, Too, Is Local." The New York Times, December 30, 2004, p. A23.

"Bring Back the Baathists." The New York Times, April 28, 2004, p. A23.

"International Court of Hubris." The Wall Street Journal, April 7, 2004, p. A18 (with John Yoo).

"Reign of Terror." Chicago Tribune, January 18, 2004 (with John Yoo).

"A Torture Memo and Its Tortuous Critics." The Wall Street Journal, July 6, 2004, p. A22 (with Adrian Vermeule).

"Crimes and Punishment." The Wall Street Journal, April 11, 2003 (with Adrian Vermeule).

"The Patriot Act Under Fire." The Wall Street Journal, December 9, 2003, p. A10 (with John Yoo).

Working Papers

"Holding Internet Service Providers Accountable." 2004 (with John Yoo).

"A Theory of International Adjudication." 2004 (with John Yoo).

"Accommodating Emergencies." 2003 (with Adrian Vermeule).

"Economic Analysis of Contract Law After Three Decades: Success or Failure?" 2002.