The faculty members of Arizona Law are among the most influential legal scholars in the world. Our faculty routinely produce powerful and provocative scholarship, from shaping legal debate on water policy and ethics, to conducting research that identifies and solves important real-world challenges like jury bias and internet censorship.
Rationing the Constitution (forthcoming 2018).
Article III, Representation, and Remedies, 9 ConLawNOW (forthcoming 2018) (co-author, with David Marcus).
Commandeering, Coercion, and the Deep Structure of American Federalism, 95 Boston U. L. Rev. 1 (2015).
Difficulty of Amendment and Interpretive Choice, 1 J. Institutional Stud. 6 (2015) (co-author, with Anuj Desai).
Judicial Capacity and the Conditional Spending Paradox, 2013 Wisc. L. Rev. 339.
Judicial Capacity and the Substance of Constitutional Law, 122 Yale L.J. 422 (2012).
Talking Originalism, 2009 B.Y.U. L. Rev. 847.
Well, Should They?: A Response to If People Would Be Outraged by Their Rulings, Should Judges Care?, 60 Stan. L. Rev. 213 (2007).
Text as Truce: A Peace Proposal for the Supreme Court’s Costly War over the Eleventh Amendment, 74 Fordham L. Rev. 2511 (2006).
The Legal Ethics of Release-Dismissal Agreements: Theory and Practice, 1 Stan. J. C.R. & C.L. 371 (2005).
Reducing the Risks of Antitrust Liability in National Account Pricing Programs, 25 Franchise L.J. 3 (Summer 2005) (co-author, with Richard A. Duncan).
Spoiled Code?: SCO v. Linux: A Case Study in the Implications of Upstream Intellectual Property Disputes for Software End Users, 8 No. 10 Cyberspace Law. 8 (Jan. 2004) (co-author, with Lothar Determann).