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.
Staggered Boards: Practice, Theory, and Evidence in Research Handbook on Mergers and Acquisitions 200 (Claire A. Hill & Steven Davidoff Solomon eds., 2016).
Constitution as Dialogue: Legal Pluralism and the American Experience. in Constitutional Recognition of First Peoples in Australia: Theories and Comparative Perspectives 160 (Simon Young, Jennifer Nielsen, & Jeremy Patrick eds., 2016) (co-author, with Jennifer Hendry).
The Relationships Between Speech and Conduct, 49 UC Davis L. Rev. 1941 (2016).
Secrecy is Dead - Long Live Trade Secrets, 93 Denv. L. Rev. 833 (2016).
Glass Half Empty, 64 UCLA L. Rev. Discourse 434 (2016).
A Rule of Proprietary Right for British India: From Revenue Settlement to Tenant Right in the Age of Classical Legal Thought, 15 Modern Asian Studies 345 (2016).
The Foundations of Constitutional Theory, Arizona Legal Studies Discussion Paper No. 16-24 (2016).
Living Constitutional Theory, Arizona Legal Studies Discussion Paper No. 16-25 (2016).
Policy Innovation Under Dynamic, Adaptative Federalism and Democratic Experimentalism Compared: Lessons for Federalism and Climate Change Adaptation Policy, Arizona Legal Studies Discussion Paper No. 16-01 (2016).
The TPP and RCEP: Mega-Trade Agreements for the Pacific Rim, 33 Ariz. J. Int'l & Comp. L. 57 (2016).
Increasing the Host State’s Regulatory Flexibility under FTA Investment Chapters: US Approaches under NAFTA, the AUSFTA and the TPP, Arizona Legal Studies Discussion Paper No. 16-21 (2016).
WTO Case Review 2015, 33 Ariz. J. Int'l & Comp. L. 505 (2016) (co-author, with Raj Bhala et al.).
Introduction to U.S. Free Trade Agreements, 5 Br. J. Am. Leg. Studies 299 (2016).
Desalination vs. Duct Tape: (Dis)Incentives to Securing Water Supplies, 108 Journal - American Water Works Association, Sept. 2016, at 56 (co-author, with Clark Taylor).
The Second Colloquium for the Harmonization of Commercial Law in the Trans-Pacific Region: A Summary and Analysis of its Proceedings and of Future Steps, 33 Arizona Journal of International & Comparative Law 1 (2016).
The Modernization and Harmonization of the Commercial Law in the Twenty-First Century: The Need for a New Research and Drafting Methodology, 33 Arizona Journal of International & Comparative Law 25 (2016).
The Public Interest Class Action, 104 Geo. L.J. 777 (2016).
A Study of Social Security Disability Litigation in the Federal Courts, Final Report to the Administrative Conference of the United States, July 28, 2016 (co-author, with Jonah Gelbach).
The Lawfulness of the Same-Sex Marriage Decisions: Charles Black on Obergefell, 25 Wm. & Mary Bill Rts. J. 321 (2016)
Siri-ously? Free Speech Rights and Artificial Intelligence, 110 Nw. L. Rev. 1169 (2016) (co-author, with Helen Norton).
A Behavioral Approach to Lawyer Mistake and Apology, 51 New Eng. L. Rev. ___ (forthcoming 2016).
Hub-and-Spoke Conspiracies, 15 Antitrust Source, no. 3, 2016, at 1.
Blinding International Justice, 56 Va. J. Int'l. L. __ (forthcoming 2016).
Tobacco Litigation in International Courts, 57 Harv. Int'l L.J. __ (forthcoming 2016).
Book Review, 110 Am. J. Int'l. L. 415 (2016) (reviewing Michael Fakhri, Sugar and the Making of International Trade Law (2014)).
The Extensive (but Fragile) Authority of the WTO Appellate Body, 79 Law & Contemp. Probs. 237 (2016) (co-author, with Gregory Shaffer & Manfred Elsig).
A Breakthrough with the TPP: The Tobacco Carve-Out, 16 Yale J. Health Pol'y, L., Ethics ___ (forthcoming 2016) (co-author, with Gregory Shaffer).
The David Effect: Underdogs and Investment Arbitrators, Arizona Legal Studies Discussion Paper No. 16-28 (2016) (co-author with Anton Strezhnev).
Affiliation Bias in Arbitration: An Experimental Approach, Arizona Legal Studies Discussion Paper No. 16-31 (2016) (co-author, with Anton Strezhnev).
Against International Settlement? The Social Cost of Secrecy in International Adjudication, 45 Yale J. Int'l L. ___ (forthcoming 2016) (co-author, with Emilie M. Hafner-Burton & David G. Victor).
Regime Shifting and Regulatory Space: Comment on Professor Markus Wagner's Article, Arizona Legal Studies Discussion Paper No. 16-34 (2016).
Vaccines and Airline Travel: A Federal Role to Protect the Public Health, 42 Am. J. L. & Med. 543 (2016).
Medical Causes and Consequences of Home Foreclosures, 46 Int'l J. Health Serv. 36 (2016) (co-author, with Christina A. Cutshaw, Steffie Woolhandler, & David U. Himmelstein).
Countering the Plaintiff’s Anchor: Jury Simulations to Evaluate Damages Arguments, 101 Iowa L. Rev. 543 (2016) (co-author, with John Campbell, Bernard Chao, & David Yokum).
The Appearance and the Reality of Quid Pro Quo Corruption: An Empirical Investigation, 8 J. Legal Analysis 375 (2016) (co-author, with D. Alex Winkelman, Kelly Bergstrand, & Darren Modzelewski).
Federal Government's Proposed Expansion of Regulation of Biospecimen Research Should Be Reconsidered, ___ Biopreservation and Biobanking ___ (forthcoming 2016) (co-author, with Jonathan Loe).
An Assessment of the Human Subjects Protection Review Process for Exempt Research, 44 J.L. Med. & Ethics 481 (2016) (co-author, with Jonathan D. Loe & D. Alex Winkelman).
Reducing Wasteful Incarcerations, 39 Regulation, Summer 2016, at 20 (co-author, with Jamie Cox Robertson).
Regulating Off-Label Promotion - A Critical Test, __ New Eng. J. Med. __, DOI: 10.1056/NEJMp1611755 (published online ahead of print, Nov. 2, 2016) (co-author, with Aaron S. Kesselheim).
Racially Restrictive Covenants—Were They Dignity Takings?, 41 Law & Soc. Inquiry 939 (2016).
Shedding the Uniform: Beyond a “Uniform System of Citation” to a More Efficient Fit, 99 Marq. L. Rev. 763 (2016).
The Shareholder Value of Empowered Boards, 68 Stan. L. Rev. 67 (2016) (co-author, with Martijn Cremers).
Commitment and Entrenchment in Corporate Governance, 110 Nw. U. L. Rev. 727 (2016) (co-author, with K.J. Martijn Cremers & Saura Masconale).
Activist Hedge Funds and the Corporation, 94 Wash. U. L. Rev. ___ (forthcoming 2016) (co-author, with K.J. Martijn Cremers & Saura Masconale).
Scrutinizing Strict Scrutiny, ___ Vt. L. Rev. ___ (forthcoming 2016) (co-author, with David Yokum).
(Implicit) Consent to Intimacy, Arizona Legal Studies Discussion Paper No. 16-27 (2016) (co-author, with John K. Hilton & Jeffrey N. Younggren).
Human Rights, Indigenous Peoples, and the Pursuit of Justice, 34 Yale L. & Pol'y Rev. 351 (2016) (co-author, with Jennifer Hendry).
Lessons from the United States on Building More Effective Means of Addressing Indigenous Child Welfare Issues, 19 Austl. Indigenous L. Rev. 103 (2016).
The Politics of Inclusion: Indigenous Peoples and U.S. Citizenship, 63 UCLA L. Rev. 1692 (2016).
Indigenous Identity, Cultural Harm, and the Politics of Cultural Production: A Commentary on Riley and Carpenter's "Owning Red," 94 Tex. L. Rev. See Also 250 (2016).