-
Federalism, Political Ignorance, and Constitutional Design,
Social Philosophy and Policy
(forthcoming) (symposium on "What Should Constitutions Do?").
-
The
Limits of Backlash: Assessing the Political Response to Kelo,
93 Minnesota Law Review 2100
(2009).
-
Democracy and International Human Rights Law,
84 Notre Dame Law
Review 1739 (2009) (with John
O. McGinnis).
-
Tiebout Goes Global: International Migration
as a Tool for Voting With Your Feet,
73
Missouri Law
Review 1247 (2008) (Symposium
on federalism and international law).
-
The Political Economy of Economic
Development Takings,
Case Western
Reserve University Law Review
(forthcoming
2009) (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
- Democracy and Political Knowledge in Ancient Athens, 119
Ethics 585 (2009) (review of
Josiah Ober, Democracy and Knowledge:
Innovation and Learning in Classical Athens (2008)).
-
Lessons
From the Rise of Legal Conservatism,
32
Harvard Journal of Law and Public Policy
415 (2009) (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).
-
Federalism, Political Ignorance, and Voting With
Your Feet, in The
Polyhedron of Libertarianism (Susumu Morimura, ed., Tokyo, Keisoshobo
2009) (in Japanese translation).
-
How Affirmative Action is Like Racial Profiling, in
Racial Profiling (David
Erik Nelson, ed., Greenhaven Press, 2009).
-
Government Failure
and Economic Development Takings, in
The Pursuit of Justice: Law
and Economics of Legal Systems (Edward
R. Lopez ed., Palgrave Macmillan, forthcoming 2010).
- Public Use, in Encyclopedia of the Supreme Court
of the United States 156 (Macmillan 2008).
- Yee v. Escondido, in Encyclopedia of the Supreme Court
of the United States 273 (Macmillan 2008).
- Private Interests, in
International Encyclopedia of the Social Sciences
478 (2d ed. 2007).
- Peonage Cases, in Encyclopedia of Race and Racism
405 (2007).
- Political Ignorance, in Readings in American Government 66 (Steffen W. Schmidt, et al., eds.,
5th ed. 2006)
POPULAR PRESS
-
Forfeiture Laws, the War on Drugs, and Alvarez v. Smith,
Findlaw, Oct. 14, 2009.
-
Eroding Constitutional Limits on Government Takings,
Detroit Free Press, July 16,
2009.
-
Sotomayor's Property-Rights Red Flag,
Orange County Register, July
11, 2009.
-
Obama, Sotomayor, and Empathy,
Los Angeles Times
"Dust Up," May 27-29, 2009 (debate with Erwin Chemerinsky).
- The War on Terror and Civil Liberties,
Vanguardia, October 2008, at
28-34 (translated into Spanish) (symposium on "The United States after
Bush").
-
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.
