-
The
Limits of Backlash: Assessing the Political Response to Kelo,
Minnesota Law Review
(forthcoming 2009).
-
Democracy and International Human Rights Law,
Notre Dame Law
Review (forthcoming 2009) (with John
O. McGinnis).
-
Tiebout Goes Global: International Migration
as a Tool for Voting With Your Feet,
Missouri Law
Review (forthcoming 2009) (Symposium
on federalism and international law).
-
The Political Economy of Economic
Development Takings,
Case Western
Reserve University Law Review
(forthcoming
2008) (Symposium on “Corporations and their Communities”).
-
A Floor,
Not a Ceiling: Federalism and Remedies for Violations of Constitutional
Rights in Danforth v. Minnesota,
102 Northwestern University Law Review Colloquy 365 (2008).
-
The
Borkean Case Against Robert Bork’s Case for Censorship,
31
Harvard Journal of Law and Public
Policy 511 (2008) (symposium on the work of Judge Robert H. Bork).
-
Is
Post-Kelo Eminent Domain Reform Bad for the Poor? A Reply to David Dana,
101
Northwestern University Law Review
1931 (2007).
-
Why Robbing Peter
Won’t Help Poor Paul: Low-Income Neighborhoods and Uncompensated Regulatory
Takings, 117
Yale Law Journal Pocket Part 71
(2007).
-
Can We Make the Constitution More Democratic?
55 Drake Law Review 971(2007) (symposium on democracy and the constitution) (with Neal Devins).
- Should International Law be Part of Our Law?
59 Stanford Law Review 1175 (2007) (with John O. McGinnis) (analysis of the "democracy deficit" of
international law).
- Controlling the Grasping Hand: Economic Development Takings after Kelo,
15 Supreme Court Economic Review
183 (2007).
- The
Green Costs of Kelo: Economic Development Takings and Environmental Protection,
84 Washington University Law Review
623
(2006) (with Jonathan H. Adler).
- Knowledge About Ignorance: New Directions in the Study of Political
Information, 18 Critical
Review 255 (2006).
- A False Dawn for Federalism: Clear Statement Rules after
Gonzales
v. Raich, 2005-2006 Cato Supreme
Court RevieW 113 (2006).
- Gonzales v. Raich:
Federalism as a Casualty of the War on Drugs,
15 Cornell Journal of Law And Public
Policy 507 ( 2006) (solicited for symposium on the War on Drugs).
- Federalism vs. States' Rights: The Case for Judicial Review in a
Federal System, 99 Northwestern University Law Review
89
(2004) (with John O. McGinnis).
- Overcoming
Poletown: County of Wayne v. Hathcock, Economic
Development Takings, and the Future of Public Use,
2004 Michigan State Law Review 1005 (2004) (solicited for symposium on
County of Wayne v. Hathcock).
- Democracy and Judicial Review Revisited, 7
Green Bag 2d 287 (2004)
- Political Ignorance and The Countermajoritarian Difficulty:
A New Perspective on the “Central Obsession” of Constitutional Theory,
89 Iowa Law Review
1287 (2004).
- Voter Knowledge and Constitutional Change: Assessing The New Deal Experience,
45 William & Mary Law Review
595 (2003).
- Closing the Pandora’s Box of Federalism: The Case for Judicial
Restriction of Federal Subsidies to State Governments, 90
Georgetown
Law Journal 461 (2002).
- Revitalizing Consent, 23
Harvard Journal of Law and Public
Policy 753 (2000).
- Voter Ignorance and the Democratic Ideal, 12
Critical
Review 413 (1998).
REVIEWS
- Lessons of the Rise of the Legal
Right,
Harvard Journal of Law and Public Policy
(forthcoming) (review of Steven Teles, The Rise of the Conservative Legal Movement
(2007)) (invited review).
-
"Active Liberty" and Judicial Power: What Should Courts do to Promote
Democracy?, 100 Northwestern University Law Review
1827 (2006) (review of Stephen E. Breyer,
Active Liberty: Interpreting our Democratic Constitution (2005)).
- Judicial Power and Civil Rights Reconsidered,
114
Yale Law Journal 591
(2004) (review of Michael Klarman, From Jim Crow to Civil Rights
(2004)) (with David E. Bernstein).
-
Wise
Crowds? When the Many Know More than the Few,
Humane Studies Review, Sept.
2005 (review of James Surowiecki, Wise
Crowds: When the Many are Smarter than the Few and
How Collective Wisdom Shapes Business, Economics, Societies, and Nations
(2004)).
- Pragmatism and Democracy: Rejoinder to Richard Posner, 16
Critical Review 473
(2004).
- Richard Posner’s Democratic Pragmatism,
16 Critical Review 1(2004) (review of Richard A. Posner, Law, Pragmatism, and Democracy
(2003)).
- Review, 23 Cato Journal 475
(2004) (review of Ian
Shapiro, The State of Democratic Theory (2003)).
- Do Politicians Pander? 14
Critical Review 147 (2001)
(review of Lawrence Jacobs & Robert Shapiro, Politicians Don’t Pander
(2000)).
- Book Note, Resolving the Democratic Dilemma? 16
Yale Journal on
Regulation 401 (1999) (review of
Arthur Lupia & Matthew McCubbins,
The Democratic Dilemma: Can Citizens Learn What they Need to Know?
(1998)).
- Book Review, The European Legacy, Feb. 1998, at 129.
(review
of Richard Sakwa, Russian Politics and Society (1997)).
BooK Chapters
-
Taking Property
Rights Seriously? The Supreme Court and the “Poor Relation” of
Constitutional Law, in
The Supreme Court: Contested COnstitutional Doctrines (Steven Kautz, Arthur Melzer, and
Jerry Weinberger, eds., University of Pennsylvania Press, forthcoming 2009)
(tentative title and publisher).
-
Government Failure
and Economic Development Takings, in
Law Without Romance:
Public Choice and the Legal System (Edward
R. Lopez ed. forthcoming 2008).
- Yee v. Escondido, in Encyclopedia of the Supreme Court
(forthcoming 2008)
- Public Interest, in Encyclopedia of Social Science
(forthcoming 2008).
- Peonage Cases, in Encyclopedia of Race and Racism (forthcoming
2007).
- Political Ignorance, in Readings in American Government 66 (Steffen W. Schmidt, et al., eds.,
5th ed. 2006)
POPULAR PRESS
-
Locked Liberties: New DC Gun Law Shows that the Battle over Gun Rights is
Far from Over, Legal Times,
July 28, 2008, at 42.
-
Don't Count on Prop. 99: The Purported Anti-Condemnation Measure Would
Actually Block Meaningful Eminent Domain Reform,
Los Angeles Times, May 19,
2008, at A15.
-
Shared Roots of Property, Civil Rights: Constitutional Issue Looms Large for
Minorities in South, Orlando
Sentinel, Apr. 28, 2008 (with David Beito).
- Battle Over
Eminent Domain is Another Civil Rights Issue,
Kansas City Star, Apr. 27,
2008 (with David Beito).
-
Kelo, MIA: Where is the Property Rights Campaign Debate,
National Review Online, Apr.
2, 2008.
-
Uncle Sam Wants You, Gramps: Why National Service Proponents Never Talk
About Drafting the Old, Wall
Street Journal Opinionjournal, Sept. 26, 2007.
-
Mamas Don't Let Your Babies Grow up to be Federation Tax
Collectors: Federalism and Socialism in Star Trek,
National Review Online, Sept.
28, 2007.
- Put Out to
Pasture: The Supreme Court Again Fails to Give Property Rights the Respect
they Deserve, Legal Times, July 30, 2007.
-
The Limits of Anti-Kelo
Legislation, Reason, August/September 2007.
-
Be Careful What You Wish For: The Revived Equal Rights Amendment
May
Surprise Its Supporters, Legal Times, June 4, 2007.
-
Post-Kelo
America: Assessing the
Progress of Eminent Domain Reform,
Reason Online,
Apr. 20, 2007.
-
A
Pretextual Taking, National
Law Journal, Jan. 8, 2007 (with Richard A. Epstein).
-
The Politics of Ignorance: Election Day Reflections,
The Jurist, Nov. 7, 2006.
- Blight Sweet
Blight, Legal Times, Aug.
14, 2006, at 42 (criticizing condemnation of "blighted" property).
- The
Final Prejudice, Legal Times,
Apr. 17, 2006, at 68 (analyzing discrimination against atheists).
- Alito's
Libertarian Streak, American
Spectator, Nov. 10, 2005.
- Peace Through Federalism, Al
Sabah (Baghdad, Iraq), October 2005 (published in Arabic translation).
- Rehnquist's
Federalist Legacy, FOXNEWS.COM, Sept. 9, 2005.
- Should Courts Limit the Use of Eminent Domain for Private Economic
Development? congressional
quarterly Researcher, Mar. 4, 2005, at 213.
- In Politics Ignorance is not Bliss, NEWARK STAR LEDGER, Oct. 10,
2004, at P1.
- Are American Voters Stupid? Maybe Not, SOUTH CHINA MORNING POST,
Sept. 27, 2004, at A13.
- Political Ignorance is No Bliss,
FOXNEWS.COM, Sept. 22, 2004.
-
Poletown Decision did not Create Desired Benefits; New Ruling Protects
Weak from Government Abuses,
Detroit News,
Aug. 8, 2004, at 13.
-
Michigan Should Alter Property Grab Rules,
Detroit News,
Jan. 8, 2004, at 11A.
- The Timing Game Justices Play ,
L.A. Times, Jan. 13, 2003, at
B11 (with Steven G. Calabresi).
- Riddles, Mysteries and Enigmas: Unanswered Questions about the End of
the Cold War, Policy Review, Fall 1994, at 80.