Faculty Scholarship

Vulnerability to Legal Misconduct:  A Profile of Problem Lawyers in Victoria, Australia, 27 Int'l J. Legal Prof. 269 (Apr. 27, 2020) (co-author, with Jennifer Schulz Moore et al.).

Research Participants’ Rights to Data Protection in the Era of Open Science, 69 DePaul L. Rev. 699 (2020) (co-author, with Mabel Crescioni).

Digital Health Privacy and Age: Quality and Safety Improvement in Long-Term Care, 17 Ind. Health L. Rev. 85 (2020) (co-author, with Rachel Zuraw).

Telehealth for an Aging Population:  How Can Law Influence Adoption Among Providers, Payors, and Patients?, ___ Am. J. Law and Med. ___ (forthcoming 2020) (co-author, with Christopher Robertson).

The Research Exemption Carve Out: Understanding Research Participants Rights Under GDPR and U.S. Data Privacy Laws, 60 Jurimetrics 125 (2020) (co-author, with Mabel Crescioni).

Telehealth for an Aging Population: How Can Law Influence Adoption Among Providers, Payors, and Patients?, 46 Am. J. L. & Med. 311 (2020) (co-author, Christopher T. Robertson).

Implementation and Enforcement of Quality and Safety in Long-Term Care (Part 1), Burris, S., de Guia, S., Gable, L., Levin, D.E., Parmet, W.E., Terry, N.P. (Eds.) (2020). Assessing Legal Responses to COVID-19. Boston: Public Health Law Watch

Prosecution for a Porpoise:  Strengthen U.S. Enforcement against Criminal Networks to Address International Trafficking of Endangered Species, 10 Ariz. J. Envtl. L. & Pol'y 216 (2020).

Diversifying the Bench: Applying Social Cognitive Theories to Enhance Judicial Diversity, 15(2) Soc. Personal Psychology Compass (2020) __ (co-author with Ellen M. Carroll and Alyssa Croft) 

#CriticalReading #WickedProblem, 44 S. Ill. L. Rev. 179 (2020).

Internet Speech Will Never Go Back to Normal, Atlantic (Apr. 25, 2020), (co-author, with Jack Goldsmith).

Opinion, Generous — and inclusive — sick leave is a must for any business that wants to reopen safely, Business Insider (June 23, 2020), (co-author, with Marvin J. Slepian and James Coan).

Moot Court in the Age of Coronavirus, Appellate Advocacy Blog (Mar. 23, 2020).

On Semicolons and Interrobangs, Appellate Advocacy Blog (Dec. 21, 2020) 

Elections Have Consequences for the Bench, Appellate Advocacy Blog (Nov. 23, 2020) 

McGirt v. Oklahoma--The Most Significant Case from Last Term?, Appellate Advocacy Blog (Oct. 26, 2020) 

Journal of Appellate Practice and Process Website, Appellate Advocacy Blog (Oct. 12, 2020) 

Transitions--The Legal Writing Kind, Appellate Advocacy Blog (Aug. 31, 2020) 

Another Great Statutory Interpretation Case out of Washington State, Appellate Advocacy Blog (Jul. 6, 2020) 

Journal of Appellate Practice and Process coming to Arizona Law, Appellate Advocacy Blog (Jun. 26, 2020) 

Practice in Place: My Interview with David Lat, Appellate Advocacy Blog (Jun. 8, 2020) 

An Interview with Sean Marotta and Raffi Melkonian, Appellate Advocacy Blog (May 25, 2020)

My Final Thoughts on Moot Court in the Age of Coronavirus, Appellate Advocacy Blog (Apr. 27, 2020)

#ToddlersofAppellateTwitter, Appellate Advocacy Blog (Apr. 6, 2020) 

About that Alteration to your Quotation...., Appellate Advocacy Blog (Mar. 9, 2020) 

The Journal of Appellate Practice and Process Needs a New Home , Appellate Advocacy Blog (Jan. 27, 2020) 

Returning to the Court as an Attorney, Appellate Advocacy Blog (Jan. 13, 2020) 

The Scorecard of the Phase One Trade Agreement, EJIL: Talk! (Feb. 14, 2020), (co-author, with Sergio Puig).

Book Review, Crim. L. & Crim. Just. Books, (Mar. 2020) (reviewing Anna Clark, The Poisioned City: Flint's Water and the American Urban Tragedy (2018) (afterward 2019)).

Opinion, America's Immigrant Workers Left Extremely Vulnerable, Ariz. Daily Star (May 24, 2020),

Why Nursing Home Aides Exposed to COVID-19 Aren't Taking Paid Sick Leave, The Conversation (Nov. 23, 2020) (co-author, with Tara Sklar)

On the COVID-19 Vaccine Corporate Pledge, Harvard Law School Forum on Corporate Governance (September 10, 2020).

Has the COVID-19 Pandemic Affected Antitrust Risks Faced By Companies and Executives?, Salzburg Global Corporate Governance Forum (Sept. 23, 2020) 

The Supreme Court Rejects a Narrow Reading of the Clean Water Act in County of Maui v. Hawaii Wildlife Fund, ACS Blog (Apr. 24, 2020),

The Scorecard of the Phase One Trade Agreement,  EJIL: Talk! (Feb. 14, 2020), (co-author, with David A. Gantz).

Opinion, Politicians are Missing the Big Point on Health Care, CNN (Jan. 14, 2020)

Opinion, Does 'No More Copays, No More Deductibles' Really Represent Radical Health Care Reform?, STAT (Jan. 20, 2020)

Opinion, Airplanes Spread Diseases Quickly - So Maybe Unvaccinated People Shouldn't be Allowed to Fly, Conversation (Feb. 26, 2020), (co-author, with Keith Joiner).

Commentary, Without Obamacare, the COVID-19 Crisis Would be Far Worse, Chicago Trib. (Apr. 1, 2020), (co-author, with Wendy Netter Epstein).

Opinion, In the Rush to Innovate for COVID-19 Drugs, Sound Science is Still Essential, Conversation (Apr. 8, 2020), (co-author, with Alison Bateman-House, Holly Fernandez Lynch, & Keith Joiner).

Opinion, Local Opinion: Want Better Banks? Lawyers on Boards is a Good Start, Ariz. Daily Star (Mar. 6, 2020), (co-author, with Saura Masconale et al.)

Opinion, States are Making It Harder to Sue Nursing Homes Over COVID-19:  Why Immunity from Lawsuits is a Problem, Conversation (June 9, 2020),  (co-author, with Nicolas Paul Terry).

How COVID-19 Could Drive Improvements in Care Facilities (Part I), Bill of Health (May 29, 2020), (co-author, with Nicolas Terry).

How COVID-19 Could Drive Improvements in Care Facilities (Part II), Bill of Health (June 10, 2020), (co-author, with Nicolas Terry).

Why Nursing Home Aides Exposed to COVID-19 Aren't Taking Paid Sick Leave, The Conversation (Nov. 23, 2020) (co-author, with Shefali Milczarek-Desai)

Law and Telemedicine in the Time of COVID-19, Arizona Telemedicine Blog (May 7, 2020)

Moot Court + Pandemic = New Future?, CALIcon2020 (Jun. 4, 2020)

Cases and Materials on Advanced Torts:  Economic and Dignitary Torts - Business, Commercial and Intangible Harms (2d ed., forthcoming 2019) (co-author, with Dan B. Dobbs).

Rationing the Constitution:  How Judicial Capacity Shapes Supreme Court Decision-Making (2019).

Prosecuting the President:  How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law (2019).