Visit my SSRN page to view all of my works.
- John Marshall Harlan: Professor of Law, 81 George Washington Law Review ___ (2013) (with Bryan Frye and Michael McCloskey).
- The Supreme Court’s New Battlefield, 90 Texas Law Review 1207 (2012).
- Originalism at the Right Time?, 90 Texas Law Review See Also 269 (2012).
- Crowdsourcing A Prediction Market for the Supreme Court, 10 Northwestern Journal of Technology & Intellectual Property 125 (with Adam Aft & Corey Carpenter).
- The Constitutionality of Social Cost, 34 Harvard Journal of Law & Public Policy 1 (2011).
- Original Citizenship, 159 University of Pennsylvania Law Review PENNUMBRA 95 (2010).
- Pierson v. Post and The Natural Law, 51 American Journal of Legal History 95 (2011). – Nominated by The Green Bag for “Exemplary Legal Writing” in long articles category for 2011.
- Keeping Pandora’s Box Sealed, 8 Georgetown Journal of Law & Public Policy (2010) (With Ilya Shapiro). – Cited in Ezell v. City of Chicago, 651 F.3d 684, 702 n. 11 (7th Cir. 2011).
- Equal Protection from Eminent Domain, 56 Loyola Law Review 697 (2010).
- Youngstown’s Fourth Tier. Is There A Zone of Insight Beyond the Zone of Twilight?, 40 Memphis Law Review 541 (2010) (With Elizabeth Bahr).
- The Tell-Tale Privileges or Immunities Clause, 2010 Cato Supreme Court Review 163 (2010) (With Alan Gura and Ilya Shapiro).
- This Lemon Comes as a Lemon. The Lemon Test and the Pursuit of a Statute’s Secular Purpose, 20 George Mason University Civil Rights Law Review 351 (2010).
- Omniveillance, Google, Privacy in Public, and the Right to Your Digital Identity: A Tort for Recording and Disseminating an Individual’s Image Over the Internet, 49 Santa Clara Law Review 313 (2009).
- From Being One L to Teaching One L (an invited chapter in One L Book)
- Judging the Constitutionality of Social Cost
- Polling The Health Care Cases (co-authored with Adam Aft and Corey Carpenter)
- Much Ado About Dictum; or, How to Evade Precedent Without Really Trying: The Distinction Between Holding & Dictum.