Faculty Scholarship

Moral Stewardship of Our Most Precious Resource:  Water, in The Global Water Crisis ___ (Gerard Magill & James Benedicts eds., forthcoming 2019).

Disclosing Prosecutorial Misconduct, 72 Vanderbilt L. Rev. ___ (forthcoming 2019).

Contextualizing Cost-Shifting:  A Multi-Method Approach, 58 Va. J. Int'l L. ___ (forthcoming 2019).

Cybersecurity:  An Interdisciplinary Problem (forthcoming 2018) (co-author, with Justin Hurwitz & David Thaw).

Rationing the Constitution (forthcoming 2018).

The Law of Remedies:  Damages, Equity, Restitution (Hornbook Series 2018) (co-author, with Caprice L. Roberts).

Paying for Ourselves:  The Ethics, Economics, and Law of Cost-Sharing in Health Insurance (forthcoming 2018).

Occupation, Terrorism and Non-refoulement, in War, Occupation, and Refugees ___ (forthcoming 2018).

The Chicago Tradition and Judge Ginsburg, in 1 Douglas H. Ginsburg Liber Amicorum:  An Antitrust Professor on the Bench 43 (Nicolas Charbit et al. eds., 2018) (co-author, with Eric M. Fraser & D. Daniel Sokol).

Network Analysis and the Sociology of International Law, in Research Handbook on the Sociology of International Law ___ (A. Lang & M. Hirsch eds., forthcoming 2018).

Who's Left out of Big Data? How Big Data Collection, Analysis, and Use Neglect Populations Most in Need of Medical and Public Health Research and Interventions, in Big Data, Health Law, and Bioethics 98 (I. Glenn Cohen et al. eds., 2018) (co-author, with Sarah E. Malanga, Jonathan D. Loe, & Kenneth S. Ramos).

Raisin, Race, and the Real Estate Revolution of the Early 20th Century, in Power, Prose and Purse ___ (Martha Nussbaum ed., forthcoming 2018).

Mental Health Law and the Seeds of Therapeutic Jurisprudence, in The Roots of Modern Psychology and Law:  A Narrative History ___ (Thomas Grisso & Stanley Brodsky eds., forthcoming 2018).

Paths or Fences:  Patents, Copyrights, and the Constitution, ___ Iowa L. Rev. ___ (forthcoming 2018).

Ecosystem of Distrust, 16 First Amend. L. Rev. 129 (2018) (co-author, with Mark Verstraete).

Snake Oil Speech, 93 Wash. L. Rev. 73 (2018).

The Algorithm Game, ___ Notre Dame L. Rev. ___ (forthcoming 2018) (co-author, with Tal Zarsky).

Article III, Remedies, and Representation, 9 ConLawNOW 97 (2018) (co-author, with David Marcus).

Amending the Law of Constitutional Interpretation, 13 Duke J. Const. L. & Pub. Pol'y 85 (2018).

In the Aftermath of Rampage Shootings:  Is Healing Possible? Hard Lessons Learned from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples, ___ Geo. J. L. & Mod. Critical Race Persp. ___ (forthcoming 2018).

An Overview of Practicing American Indian Criminal Law in Federal, State and Tribal Courts, and an Update about Recent Expansion of Criminal Jurisdiction over Non-Indians, Fed. Law., Apr. 2018, at 18.

Practicing Indian Law in Federal, State and Tribal Criminal Courts, and an Update about Recent Expansion of Criminal Jurisdiction over Non-Indians, 32 Crim. Just., Winter 2018, at 8.

The Risks and Rewards of Renegotiating the North American Trade Relationship, ___ Md. J. Int'l L. ___ (forthcoming 2018).

Three Authors See Water, Water Everywhere, for Better and Worse, N.Y. Times, Mar. 30, 2018, https://www.nytimes.com/2018/03/30/books/review/water-will-come-jeff-goodell.html (reviewing Jeff Goodell, The Water will Come:  Rising Seas, Sinking Cities, and the Remaking of the Civilized World (2017), Sandra Postel, Replenish:  The Virtuous Cycle of Water and Prosperity (2017), & Martin Doyle, The Source:  How Rivers Made American and America Remade Its Rivers (2018).

Opinion, 'Craft' Beer Turns Out to be a Big Business; Recent Years Have Seen a World-Wide Wave of Consolidation, Wall St. J., Apr. 1, 2018, https://www.wsj.com/articles/craft-beer-turns-out-to-be-a-big-business-1....

Opinion, Your Turn:  Does Arizona Have Enough Water? Why That's Such a Tough Question to Answer, Ariz. Republic (Apr. 8, 2018), https://www.azcentral.com/story/opinion/op-ed/2018/04/08/does-arizona-have-enough-water-glennon/484149002/.

Opinion, Your Turn:  Here are Six Innovative Things Arid Arizona Has Done to Secure Its Water Supply - But, Of Course, There is Lots More Work to Do, Ariz. Republic (Apr. 10, 2018), https://www.azcentral.com/story/opinion/op-ed/2018/04/10/arizona-water-policy-innovative-groundwater-conservation-glennon/499898002/.

Opinion, Your Turn:  2 Not-So-Smart Things Arizona Has Done in the Name of Water, Ariz. Republic (Apr. 18, 2018), https://www.azcentral.com/story/opinion/op-ed/2018/04/18/arizona-water-supply-desalination-desert-rivers-glennon/501468002/.

Water Exchanges:  Arizona's Most Recent Innovation in Water Law and Policy, 8 Az. J. Envtl. L. & Pol'y 1 (forthcoming 2018).

The Jury’s Brady Right, 98 B.U. L. Rev. 345 (2018).

The History of the Modern Class Action, Part II:  Litigation and Legitimacy, 1981-1994, 86 Fordham L. Rev. 1785 (2018).

Rethinking Judicial Review of High Volume Agency Adjudication, 96 Tex. L. Rev. 1097 (2018) (co-author, with Jonah B. Gelbach).

Article III, Remedies, and Representation, 9 ConLawNOW 97 (2018) (co-author, with Andrew Coan).

International Indigenous Economic Law, 52 U.C. Davis L. Rev. ___ (forthcoming 2018).

The Internationalization of Tobacco Tactics, 28 Duke J. Comp. & Int'l L. ___ (forthcoming 2018).

Imperfect Alternatives:  Institutional Choice and the Reform of Investment Law, ___ Am. J. Int'l L. ___ (forthcoming 2018) (co-author, with Gregory Shaffer).

Understanding Secondary Immigration Enforcement:  Immigrant Youth and Family Separation in a Border County, 47 J. L. & Educ. 1 (2018).

Why Courts Fail to Protect Privacy:  Race, Age, Bias, and Technology, ___ Cal. L. Rev. ___ (forthcoming 2018) (co-author, with Bernard Chao, Ian Farrell, & Cathy Durso).

Ideology Meets Reality:  What Works and What Doesn’t in Patient Exposure to Health Care Costs, 15 Ind. Health L. Rev. 43 (2018) (co-author, with Victor Laurion).

Can Rationing Through Inconvenience Be Ethical? 48 Hastings Center Report, Jan.-Feb. 2018, at 10 (co-author, with Nir Eyal & Paul L. Romain).

The Federal Right to Try Act of 2017 - A Wrong Turn for Access to Investigational Drugs and the Path Forward, JAMA Intern Med., published online at http://dx.doi.org/10.1001/jamainternmed.2017.8167 (Jan. 22, 2018) (co-author, with Alison Bateman-House).

Institutional Investors, Corporate Governance, and Firm Value, 41 Seattle U. L. Rev. (2018) (co-author, with K.J. Martijn Cremers).

Reading Indian Law:  Evaluating Thirty Years of Indian Law Scholarship, 54 Tulsa L. Rev. ___ (forthcoming 2018) (co-author, with Grant Christensen).

Justice for Native Nations:  Insights from Legal Pluralism, 60 Ariz. L. Rev. 91 (2018) (co-author, with Jennifer Hendry).

The Therapeutic Application of the Law and the Need for Amicus Justitia Briefs, in Therapeutic Jurisprudence in the Mainstream ___ (forthcoming 2018).

What to Make of Trump's Recent Second Look at the Trans-Pacific Partnership, World Politics Review (Apr. 19, 2018), https://www.worldpoliticsreview.com/articles/24586/what-to-make-of-trump-s-recent-second-look-at-the-trans-pacific-partnership.

Opinion, It's Hard to be Economically Rational When You're Sick, The Hill (Mar. 21, 2018), http://thehill.com/opinion/healthcare/379598-its-hard-to-be-economically-rational-when-youre-sick.

Torts and Compensation:  Personal Accountability and Social Responsibility for Injury (8th ed. & concise 8th ed. 2017) (co-author with Dan B. Dobbs & Paul T. Hayden).

Globalizing Classical Legal Thought:  India in the Age of Colonialism, 1757-1914 (forthcoming 2017).

Torts and Compensation:  Personal Accountability and Social Responsibility for Injury (8th ed. & concise 8th ed. 2017) (co-author, with Paul T. Hayden & Ellen M. Bublick).