In 2013, my publication pace was slowed somewhat due to finishing Unprecedented, and touring around the country promoting it. But I still pecked out several publications.
First, here are the law review articles I wrote this year:
- Obamacare & Man at Yale, 2014 Illinois Law Review __ (2014).
- John Marshall Harlan: Professor of Law, 81 George Washington Law Review 1063 (2013) (with Brian Frye and Michael McCloskey).
- Justice John Marshall Harlan: Lectures on Constitutional Law, 1897-98, 81 George Washington Law Review Arguendo 12 (with Bryan Frye and Michael McCloskey).
- Popular Constitutionalism and the Affordable Care Act, 26 Public Affairs Quarterly ___ (2013) (Peer-Reviewed).
- Back to the Future of Originalism, 16 Chapman Law Review 325 (2013) (Symposium).
- The Path of Big Data and the Law, a chapter in “Big Data and the Law” (West Academic Press 2014).
Second, here are the Op-Eds I wrote:
- Why It’s A Big Problem When A Supreme Court Justice Uses Google, Business Insider, December 5, 2013.
- The Thanksgiving message President Obama should have given about the Affordable Care Act in 2009, The Daily Caller, November 28, 2013.
- Obamacare is HillaryCare 2.0, The Daily Caller, November 14, 2013.
- Obamacare’s Three Broken Promises, The Daily Caller, November 5, 2013.
- Dems may have to admit Obamacare tax increase, USA Today, October 30, 2013 (with Randy Barnett).
- The forgotten man of Obamacare, The Daily Caller, October 29, 2013.
- Oh Schuette! Did Romer put Seattle School District No. 1 to sleep?, National Constitution Center Constitutional Daily & Yahoo! News, October 28, 2013.
- A Tale of Two Constitutions, National Constitution Center Constitutional Daily & Yahoo! News, October 9, 2013.
- Obamacare’s Four-Year Shutdown, The Daily Caller, October 4, 2013.
- The Libertarian Challenge to Obamacare, Reason, September 24, 2013.
- Why the Fight Over Obamacare was Completely Unprecedented, Business Insider, September 18, 2013.
- Federal policies must support innovation, The Houston Chronicle, May 6, 2013 (with Lisa Tucker).
- The National Surveillance State 2.0, Huffington Post Politics, May 1, 2013 (with Lisa Tucker).
- Hawaii should walk away from Steven Tyler Act, USA Today, February 16, 2013 (with Ilya Shapiro) (also available here).
Of course, this is in addition to roughly 1,700 blog posts (I had 5,000 last December 19).
I have several more articles that will be finished in 2014.
- A piece for the Connecticut Law Review symposium on the 2nd Amendment, looking at how legislatures react to mass shootings.
- A piece for the Tennessee Law Review symposium on the 2nd Amendment, looking at 3D Printing and the 1st and 2nd Amendments.
- A book review of Clark Neily’s “Terms of Engagement” for the New York Journal of Law & Liberty.
- A piece on data and speech for the University of Pennsylvania Journal of Constitutional Law’s Heightened Scrutiny.
- A piece on revenge porn and the First Amendment.
- I hope to expand on Robot, Esq. based on some research I’ve done on the rules of ethics and legal tech, but I haven’t gotten there yet.
- am working on a study about the certiorari process, and the Supreme Court bar. I’ll be giving a talk about it at the Southwestern Political Science Association in April.
- Dan Katz, Mike Bommarito, and I are working on a series of papers about FantasySCOTUS and prediction algorithms. These will be cool.
I have a few, longer-term projects that I want to work on over the year for the summer submission season. I’ve decided to hold back on Kennedy’s Constitutional Chimera, because I suspect Bond will have a lot to offer (I did give a talk on this paper at the Loyola Constitutional Law Colloquium). I do want to return to my work on social cost.
As for books, I am still working on a proposal for a new book about Obamacare. I really want to wait and see what happens in the first few months of the new year, to see where this is headed.
I have also decided to put together a proposal for an academic press book that looks at the people behind popular constitutional movements that led to Supreme Court cases. It would be told in a similar style to Unprecedented, but with a much stronger focus on how people affected constitutional doctrine. This project will be much, more long term.
Stay tuned for hopefully lots of good stuff to read in 2014.