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Eric Posner

Academic Faculty

Full Time Teaching Faculty

Eric A. Posner

Kirkland & Ellis Distinguished Service Professor of Law, Arthur and Esther Kane Research Chair

Biography

Eric Posner is the Kirkland and Ellis Distinguished Service Professor of Law, University of Chicago. His research interests include antitrust law, financial regulation, international law, and constitutional law. Professor Posner is a fellow of the American Academy of Arts and Sciences and a member of the American Law Institute.

His books include How Antitrust Failed Workers (Oxford, 2021); The Demagogue’s Playbook (All Points Books, 2020); Radical Markets (Princeton, 2018) (with Glen Weyl); Last Resort: The Financial Crisis and the Future of Bailouts (University of Chicago Press, 2018); The Twilight of International Human Rights (Oxford, 2014); Economic Foundations of International Law (with Alan Sykes) (Harvard, 2013); Contract Law and Theory (Aspen, 2011); The Executive Unbound: After the Madisonian Republic (with Adrian Vermeule) (Oxford, 2011); Climate Change Justice (with David Weisbach) (Princeton, 2010); The Perils of Global Legalism (Chicago, 2009); Terror in the Balance: Security, Liberty and the Courts (with Adrian Vermeule) (Oxford, 2007); New Foundations of Cost-Benefit Analysis (with Matthew Adler) (Harvard, 2006); The Limits of International Law (with Jack Goldsmith) (Oxford, 2005); Law and Social Norms (Harvard, 2000); Chicago Lectures in Law and Economics (editor) (Foundation, 2000); and Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives (editor, with Matthew Adler) (University of Chicago, 2001).

Education and Experience

Education

Harvard Law School

JD, magna cum laude, 1991

Yale University

BA, MA philosophy, summa cum laude, 1988

Experience

University of Chicago Law School

Arthur and Esther Kane Research Chair, 2015-present
Kirkland & Ellis Distinguished Service Professor of Law, 2013-present
Kirkland & Ellis Professor of Law, 2003-2012
Professor of Law, 1998-2003
Visiting Assistant Professor of Law, Fall 1997

US Department of Justice

Counsel to the Assistant Attorney General, Antitrust Division, 2022-2023
Attorney Adviser, Office of Legal Counsel, 1992-1993

University of Chicago

Member, Committee on International Relations, 2003-present

Columbia Law School

Visiting Professor of Law, Fall 2016

New York University Law School

Visiting Professor of Law, Fall 2008

University of Pennsylvania

Professor of Law, 1998
Assistant Professor of Law, 1993-1998

Judge Stephen F. Williams, US Court of Appeals, DC Circuit

Law Clerk, 1991-1992

Publications

Books (Author)

  • Il mercato siamo noi : Una teoria radicale per l'era digitale (Luiss University Press, 2022) (with E. Glen Weyl).
  • How Antitrust Failed Workers (Oxford University Press, 2021).www
  • 最后防线 : 金融危机与紧急救市的未来 / Zui hou fang xian : jin rong wei ji yu jin ji jiu shi de wei lai (Gezhi Publishing House, 2021).
  • Radikaru maketto: datsu shiyu zaisan no seiki (Toyo keizai shinposha, 2020) (with E. Glen Weyl).
  • 激進市場 : 戰勝不平等、經濟停滯, 與政治動盪的全新市場設計 / Ji jin shi chang: zhan sheng bu ping deng, jing ji ting zhi, yu zheng zhi dong dang de quan xin shi chang she ji / (Eight Banners Culture Gusa Press/Gusa Publishers, 2020) (with E. Glen Weyl).
  • The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump (All Point Books, 2020).
  • ラディカル・マーケット : 脱・私有財産の世紀 / Radeikaru maketto : Datsu shiyu zaisan no seiki (東洋経済新報社 Toyo Keizai Inc., 2020) (with E. Glen Weyl).
  • Mercados radicales: cómo subvertir el capitalismo y la democracia para una sociedad justa (Antoni Bosch, 2019) (with E. Glen Weyl).
  • 激进市场 (Beijing Huazhang Graphics and Information Co. Ltd, 2019) (with E. Glen Weyl).
  • Mercados radicais: Reinventando o capitalismo e a democracia para uma sociedade justa. (Portfolio Penguin, 2019).www
  • Wir sind der Markt!?: eine radikale Utopie für das digitale Zeitalte (edited by Claudia Kotte)(2019).
  • 래디컬 마켓 : 공정 한 사회 를 위한 근본적 개혁 / Raedik'o?l mak'et : kongjo?ng han sahoe ru?l wihan ku?nbonjo?k kaehyo?k / (Puk'i, 2019) (with E. Glen Weyl).
  • Last Resort: The Financial Crisis and the Future of Bailouts (University of Chicago Press, 2018).cu www
  • Radical Markets: Uprooting Capitalism and Democracy for a Just Society (Princeton University Press, 2018) (with E. Glen Weyl).cu
  • The Twilight of Human Rights Law (Oxford University Press, 2014).cu
  • Economic Foundations of International Law (Belknap Press of Harvard University Press, 2013) (with Alan O. Sykes).cu
  • The Executive Unbound: After the Madisonian Republic (Oxford University Press, 2011) (with Adrian Vermeule).cu
  • Contract Law and Theory (Aspen, 2011).cu
  • Climate Change Justice (Princeton University Press, 2010) (with David A. Weisbach).cu
  • 國際法的局限性 = The limits of international law (法律出版社 Law Press of Beijing, 2010) (with Jack L. Goldsmith).
  • The Perils of Global Legalism (University of Chicago Press, 2009).cu
  • Terror in the Balance: Security, Liberty, and the Courts (Oxford University Press, 2007) (with Adrian Vermeule).cu
  • New Foundations of Cost-Benefit Analysis (Harvard University Press, 2006) (with Matthew D. Adler).cu
  • The Limits of International Law (Oxford University Press, 2005) (with Jack L. Goldsmith).cu
  • Law and Social Norms (Harvard University Press, 2000).cu

Books (Editor)

  • The Economics of Public International Law. (Edward Elgar, 2010). cu
  • Law and Happiness. (University of Chicago Press, 2010) (edited with Cass R. Sunstein). cu
  • Social Norms, Non-Legal Sanctions, and the Law. (Edward Elgar, 2007). cu
  • Cost-Benefit Analysis: Legal, Philosophical, and Economic Perspectives. (University of Chicago Press, 2001) (edited with Matthew D. Adler). cu
  • Chicago Lectures in Law and Economics. (Foundation Press, 2000). cu

Journal Articles

  • "The Common Political Foundations of Originalism and Cost-Benefit Analysis," 77 Administrative Law Review __ (2025) (forthcoming) (with Jonathan S. Masur).
  • "Review of "The Problem of Twelve: When a Few Financial Institutions Control Everything" by John Coates," 62 Journal of Economic Literature 319 (2024). www
  • "Labor market traps," __ Behavioural Public Policy __ (2024) (forthcoming). www
  • "Market Power, Not Consumer Welfare: A Return to the Foundations of Merger Law," 86 Antitrust Law Journal 205 (2024).
  • "Enforcement of US antitrust law in labour markets," 11 Journal of Antitrust Enforcement 259 (2023). www
  • "The Real Political Question Doctrine," 75 Stanford Law Review 1031 (2023) (with Curtis A. Bradley). www
  • "Ownership and Rent Stigma: Two Experiments," 7 Behavioural Public Policy 353 (2023) (with Tamar Kricheli-Katz). ssrn www
  • "Introduction to the Symposium on Labor Market Power," 90 University of Chicago Law Review 261 (2023). www
  • "Horizontal Collusion and Parallel Wage-Setting in Labor Markets," 90 University of Chicago Law Review 545 (2023) (with Jonathan S. Masur). www
  • "The Political Economy of the Decline in Antitrust Enforcement in the United States," 85 Antitrust Law Journal 441 (2023) (with Filippo Lancieri & Luigi Zingales). ssrn
  • "Interring the Nondelegation Doctrine; Sepultando a doutrina da não delegação," 15 Revista De Direito Administrativo 282 (2023) (with Adrian Vermeule). www
  • "Constitutional Challenges to Public Health Orders in Federal Courts during the COVID-19 Pandemic," 102 Boston University Law Review 1729 (2022) (with Kenny Mok). www
  • "Antitrust and Inequality," 2 American Journal of Law and Equality 190 (2022) (with Cass R. Sunstein). www
  • "Antitrust and Labor Markets: A Reply to Richard Epstein," 15 New York University Journal of Law and Liberty 389 (2022). www
  • "The Roberts Court and the Transformation of Constitutional Protections for Religion: A Statistical Portrait," 2021 Supreme Court Review 315 (2022) (with Lee Epstein). www
  • "Labor Monopsony and the Limits of the Law," 57 Journal of Human Resources S284 (2022) (with Suresh Naidu). www
  • "The Economic Basis of the Independent Contractor/Employee Distinction," 100 Texas Law Review 353 (2021).
  • "Chevronizing Around Cost-Benefit Analysis," 70 Duke Law Journal 1109 (2021) (with Jonathan S. Masur). www
  • "Policy Implications of the Common Ownership Debate," 66 The Antitrust Bulletin 140 (2021). www
  • "The Boundaries of Normative Law and Economics," 38 Yale Journal on Regulation 657 (2021). www
  • "The Limits of International Law Fifteen Years Later," 22 Chicago Journal of International Law 110 (2021) (with Jack L. Goldsmith). cu
  • "Why Has Antitrust Law Failed Workers?," 105 Cornell Law Review 1343 (2020) (with Ioana E. Marinescu). www
  • "Deference to the Executive in the United States after September 11," 1 Journal of Constitutional Law 65 (2020). www
  • "The Anti-Trust Challenge to Covenants Not to Compete in Employment Contracts," 83 Antitrust Law Journal 165 (2020). www
  • "Labor Monopsony and European Competition Law," Concurrences 81 (2020) (with Cristina Volpin).
  • "The Antitrust Challenge to Covenants Not to Compete in Employment Contracts," 83 Antitrust Law Journal 165 (2020). ssrn
  • "Norming in Administrative Law," 68 Duke Law Journal 1383 (2019) (with Jonathan S. Masur). ssrn www
  • "Antitrust Remedies for Labor Market Power," 132 Harvard Law Review 537 (2018) (with Suresh Naidu & E. Glen Weyl). ssrn cu
  • "Treaties and Human Rights: The Role of Long-Term Trends," 81 Law & Contemporary Problems 1 (2018) (with Adam Chilton). ssrn cu www
  • "Country Specific Investments and the Rights of Non-Citizens," 57 Virginia Journal of International Law 575 (2018) (with Adam Chilton). ssrn cu www
  • "Optimal Design of Guest Worker Programs: An Introduction," 47 Journal of Legal Studies 1 (2018) (with Adam Chilton & Tom Ginsburg ). cu www
  • "Presidential Obstruction of Justice," 106 California Law Review 1277 (2018) (with Daniel Hemel). ssrn cu
  • "Why Countries Sign Bilateral Labor Agreements," 47 Journal of Legal Studies 45 (2018) (with Adam Chilton). ssrn cu www
  • "Cost-Benefit Analysis and the Judicial Role," 85 University of Chicago Law Review 935 (2018) (with Jonathan S. Masur). ssrn cu
  • "Moral Commitments in Cost-Benefit Analysis," 103 Virginia Law Review 1809 (2017) (with Cass R. Sunstein). cu
  • "Should Regulation Be Countercyclical?," 34 Yale Journal on Regulation 857 (2017) (with Jonathan S. Masur). ssrn cu
  • "A Proposal to Limit the Anticompetitive Power of Institutional Investors," 81 Antitrust Law Journal 669 (2017) (with Fiona Scott Morgan & E. Glen Weyl).
  • "Liberal Internationalism and the Populist Backlash," 49 Arizona State Law Journal 795 (2017). cu
  • "Quadratic Election Law," 172 Public Choice 265 (2017) (with Nicholas Stephanopoulos) (conference paper). cu
  • "Property Is Only Another Name For Monopoly," 9 Journal of Legal Analysis 51 (2017) (with E. Glen Weyl). cu
  • "Quadratic Voting and the Public Good: Introduction," 172 Public Choice 1 (2017) (with E. Glen Weyl). cu
  • "Should Human Rights Law Play a Role in Development?," 30 World Bank Economic Review S16 (2017). cu
  • "What Legal Authority Does the Fed Need During a Financial Crisis?," 101 Minnesota Law Review 1529 (2017). cu
  • "The Influence of History on States’ Compliance with Human Rights Obligations," 56 Virginia Journal of International Law 212 (2017) (with Adam Chilton). ssrn cu
  • "Unquantified Benefits and the Problem of Regulation Under Uncertainty," 102 Cornell Law Review 7 (2016) (with Jonathan S. Masur). cu
  • "A Review (reviewing Stephen Breyer, The Court and the World: American Law and the New Global Realities)," 126 Yale Law Journal 504 (2016). cu
  • "The Votes of Other Judges," 105 Georgetown Law Journal 159 (2016) (with Adrian Vermeule). cu
  • "Presidential Leadership and the Separation of Powers," 45 Daedalus 35 (2016). cu www
  • "Balance-of-Powers Arguments, the Structural Constitution, and the Problem of Executive "Underenforcement"," 164 University of Pennsylvania Law Review 1677 (2016). cu
  • "Supreme Court Justices’ Loyalty to the President," 45 Journal of Legal Studies 401 (2016) (with Lee Epstein). cu
  • "Book Review (reviewing Guido Calabresi, The Future of Law and Economics: Essays in Reform and Recollection)," 54 Journal of Economic Literature 600 (2016). cu
  • "Institutional Flip-Flops," 94 Texas Law Review 485 (2016) (with Cass R. Sunstein). cu
  • "Toward a Pigouvian State," 164 University of Pennsylvania Law Review 93 (2015) (with Jonathan S. Masur). cu
  • "A Framework for Bailout Regulation," 91 Notre Dame Law Review 479 (2015) (with Anthony J. Casey). cu
  • "How Do Bank Regulators Determine Capital-Adequacy Requirements?," 82 University of Chicago Law Review 1853 (2015). cu
  • "An Empirical Study of Political Bias in Legal Scholarship," 44 Journal of Legal Studies 277 (2015) (with Adam Chilton). ssrn cu
  • "Voting Squared: Quadratic Voting in Democratic Politics," 68 Vanderbilt Law Review 441 (2015) (with E. Glen Weyl). ssrn cu
  • "Book Review (reviewing Henry Shue, Climate Justice: Vulnerability and Protection (2014))," 91 International Affairs 422 (2015). cu
  • "Cost-Benefit Analysis of Financial Regulations: A Response to Criticisms," 124 Yale Law Journal Forum 246 (2015) (with E. Glen Weyl). cu www
  • "The Role of Competence in Promotions from the Lower Federal Courts," 44 Journal of Legal Studies S107 (2015) (with Stephen J. Choi & Mitu Gulati ). cu www
  • "Altruism Exchanges and the Kidney Shortage," 77 Law and Contemporary Problems 289 (2014) (with Stephen J. Choi & Mitu Gulati ). cu
  • "Offsetting Benefits," 100 Virginia Law Review 1165 (2014) (with Ariel Porat). cu
  • "Why and How the Government Should Assess the Costs and Benefits of Financial Regulations," 13 Review of Financial Regulation Studies 4 (2014) (with E. Glen Weyl).
  • "Benefit-Cost Paradigms in Financial Regulation," 43 Journal of Legal Studies S1 (2014) (with E. Glen Weyl). ssrn cu
  • "Quadratic Voting as Efficient Corporate Governance," 81 University of Chicago Law Review 251 (2014) (with E. Glen Weyl). ssrn cu
  • "Benefit-Cost Analysis for Financial Regulation," 103 American Economic Review 393 (2013) (with E. Glen Weyl). ssrn cu
  • "How Well Do Measures Of Judicial Ability Predict Judicial Performance?: A Case Study Using Securities Class Actions," 33 International Review of Law and Economics 37 (2013) (with Stephen J. Choi & G. M. Gulati). cu
  • "The Law and Policy of Judicial Retirement: An Empirical Study," 42 Journal of Legal Studies 111 (2013) (with Stephen J. Choi & G. M. Gulati). cu
  • "The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition," 50 Common Market Law Review 261 (2013). cu www
  • "Introduction," 80 University of Chicago Law Review 1 (2013) (with Richard A. Posner & Adam B. Cox). cu
  • "The Institutional Structure of Immigration Law," 80 University of Chicago Law Review 289 (2013). cu
  • "An FDA for Financial Innovation: Applying the Insurable Interest Doctrine to 21st Century Financial Markets," 107 Northwestern University Law Review 1307 (2013) (with E. Glen Weyl). ssrn cu
  • "Inside or Outside the System?," 80 University of Chicago Law Review 1743 (2013) (with Adrian Vermeule). cu
  • "The Dynamics of Contract Evolution," 88 New York University Law Review 1 (2013) (with Stephen J. Choi & G. M. Gulati). cu
  • "Immigration Law and Institutional Design," 80 University of Chicago Law Review 1 (2013) (with Adam B. Cox & Richard A. Epstein ). cu
  • "International Law and the Limits of Macroeconomic Cooperation," 86 Southern California Law Review 1025 (2013) (with Alan O. Sykes). ssrn cu
  • "International Paretianism: A Defense," 13 Chicago Journal of International Law 347 (2013) (with David A. Weisbach). cu
  • "Regulation, Unemployment, and Cost-Benefit Analysis," 98 Virginia Law Review 579 (2012) (with Jonathan S. Masur). ssrn cu
  • "Deference to the Executive in the United States after September 11: Congress, the Courts, and the Office of Legal Counsel," 35 Harvard Journal of Law and Public Policy 213 (2012). cu
  • "What Do Federal District Judges Want? An Analysis of Publications, Citations, and Reversals," 28 Journal of Law, Economics and Organization 518 (2012) (with Stephen J. Choi & G. M. Gulati). cu www
  • "Aggregation and Law," 122 Yale Law Journal 2 (2012) (with Ariel Porat). ssrn cu
  • "Some Skeptical Comments on Beth Simmons's Mobilizing for Human Rights," 44 New York University Journal of International Law and Politics 819 (2012). cu
  • "The Evolution of Contractual Terms in Sovereign Bonds," 4 Journal of Legal Analysis 131 (2012) (with Stephen J. Choi & G. M. Gulati). cu www
  • "Delegation in Immigration Law," 79 University of Chicago Law Review 1285 (2012) (with Adam B. Cox). ssrn cu
  • "Dockets of War," National Interest __ (2011). cu
  • "The Limits of Constitutional Convergence," 11 Chicago Journal of International Law 399 (2011) (with Rosalind Dixon). cu
  • "The Right to Withdraw in Contract Law," 40 Journal of Legal Studies 115 (2011) (with Omri Ben-Shahar). cu
  • "Universal Exceptionalism in International Law," 52 Harvard International Law Journal 3 (2011) (with Anu Bradford). cu
  • "Climate Regulation and the Limits of Cost-Benefit Analysis," 99 California Law Review 1557 (2011) (with Jonathan S. Masur). ssrn cu
  • "Judging Women," 8 Journal of Empirical Legal Studies 504 (2011) (with Stephen J. Choi, G. M. Gulati & Mirya Holman). ssrn cu
  • "Pricing Terms in Sovereign Debt Contracts: A Greek Case Study With Implications for the European Crisis Resolution Mechanism," 6 Capital Markets Law Journal 163 (2011) (with Stephen J. Choi & G. M. Gulati). cu
  • "Book Review (reviewing Larry May, Global Justice and Due Process (2011))," 25 Ethics and International Affairs 481 (2011). cu
  • "The Flaws of Foreign Affairs Legalism," 51 Virginia Journal of International Law 507 (2011) (with Daniel Abebe). cu
  • "The Rights of Migrants: An Optimal Contract Framework," 31 Immigration and Nationality Law Review 215 (2010) (with Adam B. Cox) (originally published as 84 NYU L Rev 1403 2009). cu
  • "Professionals or Politicians?: The Uncertain Empirical Case for an Elected Judiciary," 26 Journal of Law, Economics and Organization 290 (2010) (with Stephen J. Choi & G. M. Gulati). cu
  • "Subconstitutionalism," 62 Stanford Law Review 1583 (2010) (with Tom Ginsburg). ssrn cu
  • "ProCD v. Zeidenberg and Cognitive Overload in Contractual Bargaining," 77 University of Chicago Law Review 1181 (2010). ssrn cu
  • "Evaluating the Effects of International Law: Next Steps," 1 Global Policy 334 (2010). cu
  • "Divide and Conquer," 2 Journal of Legal Analysis 417 (2010) (with Adrian Vermeule & Kathryn E. Spier). cu
  • "A Loan Modification Approach to the Housing Crisis," 11 American Law and Economics Review 577 (2009) (with Luigi Zingales). ssrn cu
  • "Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law," 165 Journal of Institutional and Theoretical Economics 5 (2009). cu
  • "Should Greenhouse Gas Permits be Allocated on a Per Capita Basis?," 97 California Law Review 51 (2009) (with Cass R. Sunstein). cu
  • "The Rights of Migrants: An Optimal Contract Framework," 84 New York University Law Review 1403 (2009) (with Adam B. Cox). ssrn cu
  • "Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008," 76 University of Chicago Law Review 1613 (2009) (with Adrian Vermeule). cu
  • "New Foundations of Cost-Benefit Analysis: A Reply to Professors Sinden, Kysar, and Driesen," 3 Regulation and Governance 72 (2009) (with Matthew D. Adler). cu
  • "Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate," 1 Journal of Legal Analysis 47 (2009) (with Stephen J. Choi & G. M. Gulati). ssrn cu
  • "Fault in Contract Law," 107 Michigan Law Review 1431 (2009). cu
  • "Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges," 58 Duke Law Journal 1313 (2009) (with Stephen J. Choi & G. M. Gulati). cu
  • "Policy by Reflex (reviewing Stephen Holmes, The Matador’s Cape: America’s Reckless Response to Terrorism (2007))," 70 Review of Politics 513 (2008). cu
  • "Boumediene and the Uncertain March of Judicial Cosmopolitanism," 2007-2008 Cato Supreme Court Review 23 (2008). cu
  • "Human Welfare, Not Human Rights," 108 Columbia Law Review 1758 (2008). cu
  • "Climate Change Justice," 96 Georgetown Law Journal 1565 (2008) (with Cass R. Sunstein). cu
  • "Constitutional Showdowns," 156 University of Pennsylvania Law Review 991 (2008) (with Adrian Vermeule). cu
  • "Introduction to the Conference on Law and Happiness," 37 Journal of Legal Studies S1 (2008) (with Cass R. Sunstein). cu
  • "Does Political Bias in the Judiciary Matter?: Implications of Judicial Bias Studies for Legal and Constitutional Reform," 75 University of Chicago Law Review 853 (2008). cu
  • "Soft Law: Lessons from Congressional Practice," 61 Stanford Law Review 573 (2008) (with Jacob Gersen). ssrn cu
  • "The International Protection of Cultural Property: Some Skeptical Observations," 8 Chicago Journal of International Law 213 (2007). cu
  • "On Learning from Others," 59 Stanford Law Review 1309 (2007) (with Cass R. Sunstein). ssrn cu
  • "Critique of the Odious Debt Doctrine, The Odious Debts and State Corruption," 70 Law and Contemporary Problems 33 (2007) (with Albert H. Choi). cu
  • "Climate Change and International Human Rights Litigation: A Critical Appraisal," 155 University of Pennsylvania Law Review 1925 (2007). cu
  • "Book Review (reviewing Robert E. Scott and Paul B. Stephan, The Limits of Leviathan: Contract Theory and the Enforcement of International Law (2006))," 101 American Journal of International Law 509 (2007). cu
  • "Timing Rules and Legal Institutions," 121 Harvard Law Review 543 (2007) (with Jacob Gersen). ssrn cu
  • "Book Review (reviewing Jeremy A. Rabkin, Law Without Nations? Why Constitutional Government Requires Sovereign State (2005))," 4 Perspectives on Politics 432 (2007). cu
  • "The Credible Executive," 74 University of Chicago Law Review 865 (2007) (with Adrian Vermeule). cu
  • "Agencies Should Ignore Distant-Future Generations," 74 University of Chicago Law Review 139 (2007). cu
  • "The Second-Order Structure of Immigration Law," 59 Stanford Law Review 809 (2007) (with Adam B. Cox). ssrn cu
  • "The Law of Other States," 59 Stanford Law Review 131 (2006) (with Cass R. Sunstein). cu
  • "Book Review (reviewing Tal Becker, Terrorism and the State: Rethinking the Rules of State Responsibility (2006))," 121 Political Science Quarterly 505 (2006). cu
  • "Emergencies and Democratic Failure," 92 Virginia Law Review 1091 (2006) (with Adrian Vermeule). ssrn cu
  • "There Are No Penalty Default Rules in Contract Law," 33 Florida State University Law Review 563 (2006). cu
  • "Should Coercive Interrogation Be Legal?," 104 Michigan Law Review 671 (2006) (with Adrian Vermeule). cu
  • "Chevronizing Foreign Relations Law," 116 Yale Law Journal 1170 (2006) (with Cass R. Sunstein). ssrn cu
  • "International Law: A Welfarist Approach," 73 University of Chicago Law Review 487 (2006). cu
  • "International Law and the Rise of China," 7 Chicago Journal of International Law 1 (2006) (with John C. Yoo). ssrn cu
  • "Holding Internet Service Providers Accountable," 14 Supreme Court Economic Review 221 (2006) (with Douglas G. Lichtman). cu
  • "Presidential Signing Statements and Executive Power," 23 Constitutional Commentary 307 (2006) (with Curtis A. Bradley) (Per Connie's comments, updated this entry and deleted the existing duplicate. AS 3/29/24). cu
  • "International Court of Justice: Voting and Usage Statistics," 99 American Society of International Law Proceedings 130 (2005). cu
  • "Reply to Helfer and Slaughter," 93 California Law Review 957 (2005) (with John C. Yoo). cu
  • "Political Trials in Domestic and International Law," 55 Duke Law Journal 75 (2005). cu
  • "Dollars and Death," 72 University of Chicago Law Review 537 (2005) (with Cass R. Sunstein). cu
  • "Is the International Court of Justice Biased?," 34 Journal of Legal Studies 599 (2005) (with Miguel F. de Figueiredo). cu
  • "Terrorism and the Laws of War," 5 Chicago Journal of International Law 423 (2005). cu
  • "International Law and the Disaggregated State," 32 Florida State University Law Review 797 (2005). cu
  • "Judicial Independence in International Tribunals," 93 California Law Review 1 (2005) (with John C. Yoo). cu
  • "The Political Economy of Property Exemption Laws," 47 Journal of Law and Economics 19 (2004) (with James Madigan & Richard M. Hynes). cu
  • "Remarks on the Alien Tort Claims Act and Transitional Justice," 98 American Society of International Law Proceedings 56 (2004). cu
  • "Optimal War and Jus Ad Bellum," 93 Georgetown Law Journal 993 (2004) (with Alan O. Sykes). cu
  • "Transnational Legal Process and the Supreme Court's 2003-2004 Term: Some Skeptical Observations," 12 Tulsa Journal of Comparative and International Law 23 (2004). cu
  • "Four Economic Perspectives on American Labor Law and the Problem of Social Conflict," 159 Journal of Institutional and Theoretical Economics 101 (2003). cu
  • "Economic Analysis of Contract Law after Three Decades: Success or Failure?," 112 Yale Law Journal 829 (2003). cu
  • "Do States Have a Moral Obligation to Obey International Law?," 55 Stanford Law Review 1901 (2003). cu
  • "A Theory of the Laws of War," 70 University of Chicago Law Review 297 (2003). cu
  • "Tobacco Regulation or Litigation? (reviewing W. Kip Viscusi, Smoke-Filled Rooms: A Postmortem on the Tobacco Deal (2002))," 70 University of Chicago Law Review 1141 (2003). cu
  • "Accommodating Emergencies," 56 Stanford Law Review 605 (2003) (with Adrian Vermeule). cu
  • "Nondelegation: A Post-mortem," 70 University of Chicago Law Review 1331 (2003) (with Adrian Vermeule). cu
  • "Transfer Regulations and Cost-Effectiveness Analysis," 53 Duke Law Journal 1067 (2003). cu
  • "Transitional Justice as Ordinary Justice," 117 Harvard Law Review 762 (2003) (with Adrian Vermeule). cu
  • "Probability Errors: Some Positive and Normative Implications for Tort and Contract Law," 11 Supreme Court Economic Review 125 (2003). cu
  • "The Jurisprudence of Greed," 151 University of Pennsylvania Law Review 1097 (2002). cu
  • "The Law and Economics of Consumer Finance," 4 American Law and Economics Review 162 (2002) (with Richard M. Hynes). ssrn cu
  • "Book review (reviewing Robin Paul Malloy, Law and Market Economy (2000))," 18 Economics and Philosophy 183 (2002). cu
  • "Interring the Nondelegation Doctrine," 69 University of Chicago Law Review 1721 (2002) (with Adrian Vermeule). cu
  • "Book Review (reviewing Jody S. Kraus & Steven D. Walt, eds., The Jurisprudential Foundations of Corporate and Commercial Law (2000))," 112 Ethics 626 (2002). cu
  • "The Signaling Model of Social Norms: Further Thoughts," 36 University of Richmond Law Review 465 (2002). cu
  • "Fear and the Regulatory Model of Counterterrorism," 25 Harvard Journal of Law and Public Policy 681 (2002). cu
  • "Introduction - Rational Choice and International Law," 31 Journal of Legal Studies S1 (2002) (with Jack L. Goldsmith). cu
  • "Strategies of Constitutional Scholarship ," 26 Law and Social Inquiry 529 (2001). cu
  • "Cost-Benefit Analysis as a Solution to a Principal-Agent Problem," 53 Administrative Law Review 289 (2001). cu
  • "Comment on Means Testing Consumer Bankruptcy by Jean Braucher," 7 Fordham Journal of Corporate and Financial Law 457 (2001). cu
  • "Controlling Agencies with Cost-Benefit Analysis: A Positive Political Theory Perspective," 68 University of Chicago Law Review 1137 (2001). cu
  • "Using Net Benefit Accounts to Discipline Agencies: A Thought Experiment," 150 University of Pennsylvania Law Review 1473 (2001). cu
  • "Law and the Emotions," 89 Georgetown Law Journal 1977 (2001). cu
  • "Further Thoughts on Customary International Law," 23 Michigan Journal of International Law 191 (2001) (with Jack L. Goldsmith). cu
  • "Law and Regret (reviewing E. Allan Farnsworth, Changing Your Mind: The Law of Regretted Decisions (1998))," 98 Michigan Law Review 1468 (2000). cu
  • "Implementing Cost-Benefit Analysis When Preferences Are Distorted," 29 Journal of Legal Studies 1105 (2000) (with Matthew D. Adler). cu
  • "The Design and Interpretation of Contracts: Why Complexity Matters," 95 Northwestern University Law Review 91 (2000) (with Karen Eggleston & Richard Zeckhauser). cu
  • "Law and Economics for the Masses (reviewing David Friedman, Law's Order : What Economics Has to Do with Law and Why It Matters (2000))," Jurist __ (2000). cu
  • "A Theory of Contract Law Under Conditions of Radical Judicial Error," 94 Northwestern University Law Review 749 (2000). cu
  • "Law and Social Norms: The Case of Tax Compliance," 86 Virginia Law Review 1781 (2000). cu
  • "Introduction, Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives," 29 Journal of Legal Studies 837 (2000) (with Matthew D. Adler). cu
  • "Book Review (reviewing Peter Newman, ed., The New Palgrave Dictionary of Economics and the Law (1998))," 110 Economic Journal 824 (2000). cu
  • "Rethinking Cost-Benefit Analysis," 109 Yale Law Journal 165 (1999) (with Matthew D. Adler). ssrn cu
  • "Should Debtors Be Forced into Chapter 13?," 32 Loyola of Los Angeles Law Review 965 (1999). cu
  • "Arbitration and the Harmonization of International Commercial Law: A Defense of Mitsubishi," 39 Virginia Journal of International Law 647 (1999). cu
  • "A Theory of Customary International Law," 66 University of Chicago Law Review 1113 (1999) (with Jack L. Goldsmith). ssrn cu
  • "Symbols, Signals, and Social Norms in Politics and the Law," 27 Journal of Legal Studies 765 (1998). ssrn cu
  • "The New Chicago School: Myth or Reality?," 5 University of Chicago Law School Roundtable 1 (1998) (with Lisa Bernstein, Richard A. Epstein & Randal C. Picker). cu
  • "Notes toward a Theory of Customary International Law The Challenge of Non-State Actors: Standards and Norms in International Law," 92 American Society of International Law Proceedings 53 (1998) (with Jack L. Goldsmith). cu
  • "Strategic Basis of Principled Behavior: A Critique of the Incommensurability Thesis," 146 University of Pennsylvania Law Review 1185 (1998). cu
  • "The Political Economy of the Bankruptcy Reform Act of 1978," 96 Michigan Law Review 47 (1997). ssrn cu
  • "Standards, Rules, and Social Norms," 21 Harvard Journal of Law and Public Policy 101 (1997). cu
  • "Altruism, Status, and Trust in the Law of Gifts and Gratuitous Promises," 1997 Wisconsin Law Review 567 (1997). cu
  • "Parol Evidence Rule, the Plain Meaning Rule, and the Principles of Contractual Interpretation," 146 University of Pennsylvania Law Review 533 (1997). cu
  • "Norms, Formalities, and the Statute of Frauds: A Comment," 144 University of Pennsylvania Law Review 1971 (1996). cu
  • "The Legal Regulation of Religious Groups," 2 Legal Theory 33 (1996). cu
  • "The Regulation of Groups: The Influence of Legal and Nonlegal Sanctions on Collective Action," 63 University of Chicago Law Review 133 (1996). cu
  • "Law, Economics, and Inefficient Norms," 144 University of Pennsylvania Law Review 1697 (1996). cu
  • "Contract Law in the Welfare State: A Defense of the Unconscionability Doctrine, Usury Laws, and Related Limitations on the Freedom to Contract," 24 Journal of Legal Studies 283 (1995). cu

Book Sections

  • "The Constitution of the Roman Republic," in Roman Law and Economics: Institutions and Organizations (Oxford University Press, 2020) (with Giuseppe Dari-Mattiacci & Dennis P. Kehoe). www
  • "Is the International Court of Justice Biased?," in The International Court of Justice, William A. Schabas ed. (Edward Elgar Publishing, 2020) (with Miguel F. de Figueiredo).
  • "Afterword," in Radical Markets: Uprooting Capitalism and Democracy for a Just Society (Princeton University Press, 2019) (with E. Glen Weyl). www
  • "Chevronizing Foreign Relations Law," in Foreign Relations Law, Curtis A. Bradley ed. (Edward Elgar Publishing, 2019) (with Cass R. Sunstein).
  • "Rule-of-Law Objections to the Lender of Last Resort," in Constitutions in Times of Financial Crisis (Cambridge University Press, 2019). www
  • "Climate Change Justice," in Living Ethics: An Introduction with Readings, Russ Shafer-Landau ed. (Oxford University Press, 2019) (with Cass R. Sunstein).
  • "The Trump Presidency: A Constitutional Crisis in the United States?," in Constitutional Democracy in Crisis?, Mark A. Graber, Sanford Levinson & Mark V. Tushnet eds. (Oxford University Press, 2018). cu
  • "The Dictator's Handbook, US Edition," in Can It Happen Here? Authoritarianism in America, Cass R. Sunstein ed. (Dey Street Books, 2018). cu
  • "Emergencies, Tradeoffs, and Deference," in Civil Rights and Security, David Dyzenhaus ed. (Routledge, 2017) (with Adrian Vermeule). cu
  • "Social Norms and Economic Analysis of the Law," in Economic Analysis of Law: A European Perspective, Aristides N. Hatzis ed. (Edward Elgar, 2017). cu
  • "Coase Theorem," in Economic Ideas You Should Forget, Bruno S. Frey & David Iselin eds. (Springer, 2017). cu
  • "Martti Koskenniemi On Human Rights: An Empirical Perspective," in The Law of International Lawyers: Reading Martti Koskenniemi, Wouter Werner, Marieke de Hoon & Alexis Galan eds. (Cambridge University Press, 2017). cu
  • "Demystifying Schmitt," in The Oxford Handbook of Carl Schmitt, Jens Meierhenrich & Oliver Simons eds. (Oxford University Press, 2017) (with Adrian Vermeule). cu
  • "There's No Such Thing as an Illegal Immigrant," in Illegal Immigration, Noel Merino ed. (Greenhaven Press, 2015). cu
  • "Understanding the Resemblance Between Modern and Traditional Customary International Law," in Customary Law and Economics, Lisa Bernstein & Francesco Parisi eds. (Edward Elgar, 2014) (with Jack L. Goldsmith). cu
  • "A Theory of Customary International Law," in Customary Law and Economics, Lisa Bernstein & Francesco Parisi eds. (Edward Elgar, 2014) (with Jack L. Goldsmith). cu
  • "Customary International Law," in Customary Law and Economics, Lisa Bernstein & Francesco Parisi eds. (Edward Elgar, 2014) (with Alan O. Sykes). cu
  • "Climate Change Justice," in Conspiracy Theories & Other Dangerous Ideas (Simon & Schuster, 2014) (with Cass R. Sunstein). cu
  • "Unemployment and Regulatory Policy," in Does Regulation Kill Jobs?, Cary Coglianese, Adam M. Finkel & Chris Carrigan eds. (University of Pennsylvania Press, 2013) (with Jonathan S. Masur). cu
  • "Transitional Prudence: A Comment on David Dyzenhaus, Leviathan as a Theory of Transitional Justice," in Transitional Justice (New York University Press, 2012). cu
  • "Tyrannophobia," in Comparative Constitutional Design, Tom Ginsburg ed. (Cambridge University Press, 2012) (with Adrian Vermeule). cu
  • "Constitutional Possibility and Constitutional Evolution," in Law, Economics and Evolutionary Theory, Peer Zumbansen & Gralf-Peter Calliess eds. (2011). cu
  • "Introduction," in The Economics of Public International Law, Eric A. Posner ed. (Edward Elgar, 2010). cu
  • "Fault in Contract Law," in Fault in American Contract Law, Ariel Porat & Omri Ben-Shahar eds. (Cambridge University Press, 2010). cu
  • "Diplomacy, Arbitration, and International Courts," in The Role of International Courts, Carl Baudenbacher & Erhard Busek eds. (German Law Publishers, 2008). cu
  • "The Decline of the International Court of Justice.," in International Conflict Resolution, Max Albert, Dieter Schmidtchen & Stefan Voigt eds. (2006). cu
  • "Holding Internet Service Providers Accountable.," in The Law and Economics of Cybersecurity, Mark F. Grady & Francesco Parisi eds. (Cambridge University Press, 2006) (with Douglas G. Lichtman). cu
  • "Contract Theory," in The Blackwell Guide to the Philosophy of Law and Legal Theory, William A. Edmundson & Martin P. Golding eds. (Wiley-Blackwell, 2005). cu
  • "Law," in The Encyclopedia of Social Measurement., Kempf-Leonard., K. Kempf-Leonard ed. 2005). cu
  • "Bankruptcy Act of 1978," in Major Acts of Congress, Brian K. Landsberg ed. (Gacl, 2003). cu
  • "Foreword," in Law and Social Norms (Bokutakusha, 2002) (Japanese Edition). cu
  • "Agency Theory in Law and Economics," in Chicago Lectures in Law and Economics, Eric A. Posner ed. (Foundation Press, 2000). cu
  • "Contract Remedies: Foreseeability, Precaution, Causation, and Mitigation," in The Encyclopedia of Law and Economics., Boudewijn Bouckaert & Gerrit De Geest eds. 2000). cu
  • "The Decline of Formality in Contract Law," in The Fall and Rise of Freedom of Contract, Frank H. Buckley ed. (Duke University Press, 1999). cu
  • "Family Law and Social Norms," in The Fall and Rise of Freedom of Contract, Frank H. Buckley ed. (Duke University Press, 1999). cu
  • "Efficient Norms," in The New Palgrave Dictionary of Economics and the Law, Peter Newman ed. (Macmillan, 1998). cu
  • "The Demand for Human Cloning," in Clones and Clones: Facts and Fantasies About Human Cloning, Martha C. Nussbaum & Cass R. Sunstein eds. (W. W. Norton, 1998) (with Richard A. Posner). cu

Working Papers

  • "The Political Economy of the Decline in Antitrust Enforcement in the United States," NBER Working Paper(2022) (with Filippo Lancieri & Luigi Zingales). ssrn www
  • "Policy Implications of the Common Ownership Debate," (2021). ssrn
  • "Chevronizing Around Cost-Benefit Analysis: Deregulation in the Trump Administration," (2020) (with Jonathan S. Masur). ssrn
  • "Chevronizing Around Cost-Benefit Analysis: Deregulation in the Trump Administration," (2020) (with Cass R. Sunstein). ssrn
  • "The Economic Basis of the Independent Contractor/Employee Distinction," (2020). ssrn
  • "The Antitrust Challenge to Covenants Not to Compete in Employment Contracts," (2019). ssrn
  • "Why Has Antitrust Law Failed Workers?," (2019) (with Ioana E. Marinescu). ssrn
  • "Moral Commitments in Cost-Benefit Analysis," Coase-Sandor Working Paper Series in Law and Economics, No. 802 (2017) (with Cass R. Sunstein). ssrn cu
  • "The Decline of Supreme Court Deference to the President," Coase-Sandor Working Paper Series in Law and Economics, No. 800 (2017) (with Lee Epstein). ssrn cu
  • "Presidential Leadership and the Separation of Powers," University of Chicago Public Law & Legal Theory Paper Series, No. 545 (2015). ssrn cu
  • "Toward a Pigouvian State," Coase-Sandor Working Paper Series in Law and Economics, No. 716 (2015) (with Jonathan S. Masur). ssrn cu

Other Publications

  • "Merger Review Should Incorporate a Role for Unions," ProMarket, June 14, 2024. www
  • "Opinion: Will Trump’s first trial change the course of the election?," The Globe and Mail, May 23, 2024.
  • "The FTC Noncompete Ban Is Legal," ProMarket, May 8, 2024 (with Jonathan S. Masur). www
  • "Why Non-Compete Clauses Should Be Banned," Project Syndicate, May 3, 2024. www
  • "What to Look for in Trump’s First Trial," Project Syndicate, April 22, 2024. www
  • "The Future of Work in the AI Era," Project Syndicate, April 11, 2024. www
  • "What is the Role of Economics in Merger Review?," ProMarket, March 8, 2024. www
  • "Big Business’ Influence in the Decline of Antitrust Enforcement," ProMarket, February 16, 2024. www
  • "Will Trump Be Disqualified?," Project Syndicate, February 5, 2024. www
  • "The AI Octopus," Project Syndicate, January 8, 2024. www
  • "The Trends and Cases That Will Define US Antitrust in 2024," ProMarket, January 5, 2024. www
  • "A Trump Dictatorship Won’t Happen," Project Syndicate, December 7, 2023. www
  • "The Monopolists Fight Back," Project Syndicate, November 23, 2023. www
  • "The Strange Case of Samuel Bankman-Fried," Project Syndicate, October 12, 2023. www
  • "Opinion: Why Sam Bankman-Fried's aversion to 'grownups' will likely prove to be criminal," Los Angeles Times, October 12, 2023.
  • "Banning Trump," Project Syndicate, September 15, 2023. www
  • "The Role of Consumer Welfare in Merger Enforcement," ProMarket, September 6, 2023. www
  • "Opinion: The Trump trials risk becoming political," The Globe and Mail, August 12, 2023.
  • "The Politics of the Trump Trials," Project Syndicate, August 9, 2023. www
  • "The Revised Merger Guidelines Will Restore Principle of Competition to Merger Review," ProMarket, July 19, 2023. www
  • "Market Power, Not Consumer Welfare: A Return to the Foundations of Merger Law," Harvard Law School Forum on Corporate Governance, June 15, 2023. www
  • "The Whig History of the Merger Guidelines," ProMarket, May 31, 2023. www
  • "No-poach Agreements: An Overview of EU and National Case Law," Concurrences, May 4, 2023 (with Cristina Volpin). www
  • "Toward a Market Power Standard for Merger Review," ProMarket, April 7, 2023. www
  • "The Rise of the Labor-Antitrust Movement," Competition Policy International, November 29, 2021. www
  • "Antitrust’s Labor Market Problem," ProMarket, November 8, 2021. www
  • "Facebook's Foreign Disasters," Project Syndicate, November 5, 2021. www
  • "The Justices Doth Protest Too Much," Project Syndicate, October 7, 2021. www
  • "Commentary: How Inequality Undermines Institutions," The IFS Deaton Review - Inequality, September 23, 2021. ssrn www
  • "Opinion: You Deserve a Bigger Paycheck. Here’s How You Might Get It.," New York Times, September 23, 2021. www
  • "America's Return to Realism," Project Syndicate, September 3, 2021. www
  • "In emergencies, judges usually defer to politicians. Not during the pandemic.," The Washington Post, August 25, 2021 (with Kenny Mok). www
  • "COVID and the Conservative Economic Crack-up," Project Syndicate, August 24, 2021. www
  • "The Antitrust War’s Opening Salvo," Project Syndicate, July 21, 2021. www
  • "The Supreme Court’s NCAA Ruling Has Huge Implications Outside of Sports," The Washington Post, June 22, 2021. www
  • "Biden's Antitrust Revolutionaries," Project Syndicate, June 18, 2021. www
  • "Long Live the Imperial Presidency?," Project Syndicate, May 12, 2021. www
  • "Antitrust is back in America," Concurrences, May 2021. www
  • "Editorial: Antitrust is back in America," Concurrences, May 2021. www
  • "The End of Amateur Hour for the NCAA," Project Syndicate, April 7, 2021. www
  • "Antitrust is Back in America," Project Syndicate, March 12, 2021. www
  • "Why Try Trump?," Project Syndicate, February 10, 2021. www
  • "Why Joe Biden Must Not Shy Away From the Full Power of the Presidency," New York Times, January 22, 2021. www
  • "The Effort to Disqualify Trump Is Worth It," Project Syndicate, January 12, 2021. www
  • "The Trump Paradox," Project Syndicate, December 12, 2020. www
  • "Opinion: Why Prosecuting Trump Is a Very Bad Idea," New York Times, December 3, 2020. www
  • "La victoria precaria de Joe Biden," Expansion, November 6, 2020. www
  • "Biden's Precarious Victory," Project Syndicate, November 6, 2020. www
  • "Biden’s Precarious Victory," Project Syndicate, November 6, 2020. www
  • "Is the Long-Awaited Constitutional Crisis at Hand?," Project Syndicate, October 21, 2020. www
  • "El verdadero significado de la elección estaounidense," CE Noticias Financieras, October 20, 2020. www
  • "Anti-lockdown suits weaken the post-New deal state," The Washington Post, October 18, 2020. www
  • "Legal Assaults on Coronavirus Shutdowns Threaten to Undermine the Liberal State," The Washington Post, October 15, 2020. www
  • "What the US Election Is Really About," Project Syndicate, October 14, 2020. www
  • "America Passed the Trump Stress Test," Project Syndicate, October 7, 2020. www
  • "How the Religious Right Has Transformed the Supreme Court," New York Times, September 22, 2020 (with Lee Epstein). www
  • "Avoiding the Trump Trap," Project Syndicate, August 10, 2020. www
  • "Trump Has the Worst Record at the Supreme Court of Any Modern President," Washington Post, July 20, 2020 (with Lee Epstein). www
  • "What a Second Trump Term Would Look Like," New York Times, July 13, 2020. www
  • "What Could Trump Do or Not Do in a Second Term?," New York Times, July 13, 2020. www
  • "Opinion: Why some Republican leaders are defecting to Biden," Newsweek, July 2020. www
  • (Roosevelt Institute )(2020) (with Suresh Naidu). www
  • "Opinion: There Used to Be Justice. Now We Have Bill Barr.," New York Times, May 13, 2020 (with Emily Bazelon). www
  • "You Can Sue to Stop Lockdowns, But You Can’t Sue to Get Them. That’s Dangerous: There Are Strong Reasons for the Courts to Defer to the Governors.," Washington Post, May 3, 2020. www
  • The Limits of the World Health Organization, Lawfare. April 21, 2020 www
  • "Public Health in the Balance: Judicial Review of Pandemic-Related Government Restrictions," Lawfare, April 20, 2020. www
  • "Opinion: Trump Is Politicizing the Pandemic. Governors Can Fight Back.," New York Times, April 2, 2020 (with Emily Bazelon). www
  • The Executive Unbound, Pandemic Edition, Lawfare. March 23, 2020 www
  • "History Shows Democrats on A Hiding to Nowhere Over Impeachment," The Australian, October 3, 2019. www
  • "Milton Friedman Was Wrong," The Atlantic, August 2019. www
  • "The Human Rights Wars Heat Up," Open Global Rights, July 31, 2019. www
  • "The Trouble Starts If Facebook’s New Currency Succeeds," The Atlantic, June 25, 2019.
  • "Administration’s Plan to Redefine ‘Human Rights’ Along Conservative Lines," The Washington Post, June 14, 2019. www
  • "House Democrats Have More Potent Options Than Impeachment," The Atlantic, May 29, 2019 (with Daniel Hemel). www
  • "What Antitrust Attys Need To Know About Labor Monopsony," Law360, May 24, 2019. www
  • "The Anti-monopoly Backlash Reaches the Supreme Court," The Atlantic, May 15, 2019. www
  • "Waiting for Reform," Balkinization, May 12, 2019. www
  • "Keep Increasing Pressure Against Noncompetes," Law360, May 7, 2019. www
  • www
  • "The President Is Still Subject to Generally Applicable Criminal Laws: A Response to Barr and Goldsmith," Lawfare, January 8, 2019 (with Daniel Hemel). www
  • "Yes, Bill Barr’s Memo Really is Wrong About Obstruction of Justice," Lawfare, December 26, 2018 (with Daniel Hemel). www
  • "Bill Barr Just Argued Himself Out of a Job," New York Times, December 21, 2018 (with Daniel Hemel). www
  • "House Democrats Can Constrain Trump. They Can Also Overreach.," New York Times, November 7, 2018. www
  • "Why the FTC Should Focus on Labor Monopsony," ProMarket, November 5, 2018. www
  • "The Far-Reaching Threats of a Conservative Court," New York Times, October 23, 2018. www
  • "Who is Brett Kavanaugh?," New York Times, September 3, 2018 (with Emily Bazelon). www
  • "The Supreme Court is an anti-democratic nightmare. Here’s how to fix it.," Vox, June 29, 2018 (with E. Glen Weyl). www
  • "A Radical Proposal for Improving Capitalism," Barron's, June 18, 2018 (with E. Glen Weyl). www
  • "Book Excerpt: Are Institutional Investors Too Powerful?," Barron's, June 15, 2018 (with E. Glen Weyl). www
  • "How Economists Became So Timid," Chronicle of Higher Education, May 6, 2018 (with E. Glen Weyl). www
  • "The Real Villain Behind Our New Gilded Age," New York Times, May 1, 2018 (with E. Glen Weyl). www
  • "Neoliberalism and Human Rights," Lawfare, May 1, 2018. www
  • "Data Workers of the World, Unite!," ProMarket, April 25, 2018 (with E. Glen Weyl). www
  • "Want Our Personal Data? Pay for It," Wall Street Journal, April 20, 2018 (with E. Glen Weyl). www
  • "More and more companies have monopoly power over workers’ wages. That’s killing the economy.," Vox, April 6, 2018 (with Suresh Naidu & E. Glen Weyl). www
  • "Corporate America Is Suppressing Wages for Many Workers," New York Times, February 28, 2018 (with Alan B. Krueger). www
  • "Sponsor An Immigrant Yourself," Politico Magazine, February 13, 2018 (with E. Glen Weyl). www
  • "Trump Has Plenty of Bark. His Predecessors Had More Bite," Washington Post, February 2, 2018. www
  • "It’s Time to Audit America’s Secrets," Foreign Policy, February 2, 2018. www
  • "America is Nowhere Near a Constitutional Crisis," Foreign Policy, December 26, 2017. www
  • "Why the Trump Team Should Fear the Logan Act," New York Times, December 4, 2017 (with Daniel Hemel). www
  • "Trump Could Be Removed for Political Incompetence — Using the 25th Amendment," Washington Post, September 12, 2017. www
  • "A Better Way to Protect Robert Mueller," New York Times, August 7, 2017 (with Daniel Hemel). www
  • "The Obstruction of Justice Case Against Donald Trump," Slate, July 27, 2017 (with Daniel Hemel). www
  • "If Trump Pardons, It Could Be a Crime," New York Times, July 21, 2017 (with Daniel Hemel). www
  • "The Case for Obstruction Charges," New York Times, June 15, 2017 (with Daniel Hemel). www
  • "Will the Presidency Survive This President?," New York Times, May 20, 2017 (with Emily Bazelon). www
  • "The Government Gorsuch Wants to Undo," New York Times, April 1, 2017 (with Emily Bazelon). www
  • "Judges v. Trump: Be Careful What You Wish For," New York Times, February 15, 2017. www
  • "Gorsuch Must Condemn Trump's Attack on a Judge," New York Times, February 4, 2017. www
  • "How Antonin Scalia’s Ghost Could Block Donald Trump’s Wall," New York Times, January 25, 2017, at p. A29 (with Daniel Hemel & Jonathan S. Masur ). www
  • "A Monopoly Donald Trump Can Pop," New York Times, December 7, 2016, at p. A29 (with Fiona M. Morton & E. Glen Weyl). www
  • "Why the Supreme Court's Texas Abortion Decision Is So Momentous," New York Times Magazine, June 2016 (with Emily Bazelon & William Baude). www
  • "What Do This Week's Supreme Court Decisions Mean For Immigration and Affirmative Action?," New York Times Magazine, June 24, 2016 (with Emily Bazelon & William Baude & Nikole Hannah-Jones). www
  • "And if Elected: What President Trump Could or Couldn't Do," New York Times, June 3, 2016. www
  • "What Should We Expect From the Supreme Court's Showdown Over Immigration?," New York Times Magazine, April 2016 (with Emily Bazelon). www
  • "Merrick Garland Would Shift the Court Decisively Leftward," Slate, March 17, 2016. www
  • "The Tragedy of Antonin Scalia," Slate, February 15, 2016. www
  • "Bureaucracy Unbound (reviewing Dean Reuter and John Yoo eds., Liberty’s Nemesis: The Unchecked Expansion of the State)," The New Rambler, February 8, 2016. www
  • "Ted Cruz Is Not Eligible to Be President," Slate, February 8, 2016. www
  • "When It Comes to Climate Change, Payback Isn’t Enough," Washington Post, January 8, 2016. www
  • "How Can Banks Get Away With Charging Such High Fees?," Slate, January 7, 2016. www
  • "ISIS Gives Us No Choice but to Consider Limits on Speech," Slate, December 15, 2015. www
  • "Potemkin Power? (reviewing Walter Laqueur, Putinism: Russia and its Future with the West)," The New Rambler, December 9, 2015. www
  • "The Republican-Democratic Divide on Civil Liberties," Slate, December 7, 2015. www
  • "Why Are People So Scared of Syrian Refugees?," Slate, November 20, 2015. www
  • "Has Obama Upheld the Rule of Law?," Slate, November 9, 2015. www
  • "Bernanke’s Biggest Blunder," Slate, October 29, 2015. www
  • "Is America Heading Toward Dictatorship?," Slate, October 23, 2015. www
  • "The Supreme Court’s Loss of Prestige," Slate, October 7, 2015. www
  • "The Spectrum of Suffering," Slate, September 8, 2015. www
  • "Trump Is the Only Candidate Talking About a Taboo Subject," Slate, August 25, 2015. www
  • "The Strangest Campaign Pledge," Slate, August 13, 2015. www
  • "It’s Not Donating. It’s Selling.," Slate, July 29, 2015. www
  • "Citizenship for Sale," Slate, May 13, 2015. www
  • "Mutual Funds’ Dark Side," Slate, April 16, 2015 (with E. Glen Weyl). www
  • "A Terrible Shame," Slate, April 9, 2015. www
  • "Should Charity Be Logical?," Slate, March 26, 2015. www
  • "Exchanges No One Can Use?," Slate, March 2, 2015. www
  • "Faithfully Executed," Slate, February 2015. www
  • "Universities Are Right—and Within Their Rights—to Crack Down on Speech and Behavior," Slate, February 2015. www
  • "Why Do Judges and Politicians Flip-Flop?," Slate, January 26, 2015. www
  • "Charlie Hebdo Proves Just How Broken Human Rights Law Is," Washington Post, January 14, 2015. www
  • "Why Uber Will--And Should--Be Regulated," Slate, January 5, 2015. www
  • "Originalism: A Debate," University of Chicago Law School Record, Spring 2015 (with William Baude).
  • "Have Human Rights Treaties Failed?," New York Times Room for Debate, December 28, 2014 (with Kenneth Roth). www
  • "The Year of the Dictator," Slate, December 22, 2014. www
  • "The Constitutional Authority for Executive Orders on Immigration Is Clear," New York Times Room for Debate, December 16, 2014. www
  • "Why Obama Won’t Prosecute Torturers," Slate, December 9, 2014. www
  • "The Case Against Human Rights," The Guardian, December 4, 2014. www
  • "Prosecuting Dictators Is Futile," Slate, December 3, 2014. www
  • "The Twilight of Human Rights Law," openDemocracy, November 25, 2014. www
  • "Obama's Immigration Order Is a Gift to Future Republican Presidents," Slate, November 23, 2014. www
  • "Obama’s Immigration Plan Is Perfectly Constitutional," Slate, November 20, 2014. www
  • "The Human-Rights Charade," Chronicle of Higher Education, November 17, 2014. www
  • "A Radical Solution to Global Income Inequality: Make the U.S. More Like Qatar," New Republic, November 2014 (with E. Glen Weyl). www
  • "Legacy Time," Slate, November 6, 2014. www
  • "A Moral Market," Slate, October 17, 2014. www
  • "How Do Bank Regulators Determine Capital Adequacy Requirements?," Harvard Law School Forum on Corporate Governance and Financial Regulation, October 15, 2014. www
  • "University of Chicago Law School Graduation Remarks," University of Chicago Law School Record, October Fall 2014.
  • "Eric Holder’s Legacy," Slate, September 25, 2014. www
  • "Obama Can Bomb Pretty Much Anything He Wants To," Slate, September 23, 2014. www
  • "Let Scotland Go Free," Slate, September 11, 2014. www
  • "Treaty-Ish," Slate, August 28, 2014. www
  • "Yes, Obama Can Stop Millions of Deportations," Slate, August 12, 2014. www
  • "Obama Is Legally Allowed to Enforce—or Not Enforce—the Law," New Republic, August 2014. www
  • "Thomas Piketty Is Wrong: America Will Never Look Like a Jane Austen Novel," New Republic, July 2014 (with E. Glen Weyl). www
  • "We Don’t Need to End "Too Big to Fail"," Slate, July 28, 2014. www
  • "Boehner's Lawsuit Against Obama Is a Loser," Slate, July 11, 2014. www
  • "Rappers v. Scotus," Slate, June 12, 2014 (with Adam Chilton & Kevin Jiang ). www
  • "China Can Sink All the Boats in the South China Sea," Slate, May 28, 2014. www
  • "We All Have the Right to be Forgotten," Slate, May 14, 2014. www
  • "Sorry, America, the New World Order Is Dead," Foreign Policy, May 2014. www
  • "The U.S. Constitution Is Impossible to Amend," Slate, May 5, 2014. www
  • "The Puzzle of Paying Amy," Slate, April 25, 2014. www
  • "In Defense of GM," Slate, April 10, 2014. www
  • "What to Do About Crimea? Nothing.," Slate, March 27, 2014. www
  • "Statement to the Privacy & Civil Liberties Oversight Board," Lawfareblog.com, March 14, 2014. www
  • "Let Crimea Go," Slate, March 10, 2014. www
  • "Why Are China and Japan Inching Toward War Over Five Tiny Islands?," Slate, February 25, 2014. www
  • "Who Scores the Best Embassies?," Slate, February 18, 2014. www
  • "The Paranoid Libertarian and His Enemy, the Angry Liberal," Slate, February 14, 2014. www
  • "Now That Boehner Has Backed Down, Let's Fix The Debt Ceiling For Good," New Republic, February 11, 2014. www
  • "Socialized Law Would Be a Massive, Unworkable Nightmare," NewRepublic.com, February 2014. www
  • "The Presidency Comes With Executive Power. Deal With It," NewRepublic.com, February 2014. www
  • "Executive Authority Is A Powerful Tool to Use With Caution," New York Times Room for Debate, January 29, 2014. www
  • "Let’s Make a Deal With Snowden," Slate, January 27, 2014. www
  • "Make Journalists Testify," Slate, January 16, 2014. www
  • "Forget the Framers," Slate, January 8, 2014. www
  • "The NSA’s Metadata Program Is Perfectly Constitutional," Slate, December 30, 2013. www
  • "Stop Fussing Over Personhood," Slate, December 11, 2013. www
  • "How to Make Sure the Volcker Rule Survives in Court," Bloomberg View, December 10, 2013 (with E. Glen Weyl). www
  • "Bitcoin’s Bandwagon Has Never Been More Crowded," NewRepublic.com, December 2013. www
  • "Is the Constitution Written Like the Da Vinci Code?," Slate, November 31, 2013. www
  • "Benefit-Cost Paradigms in Financial Regulation," HLS Forum on Corporate Governance and Financial Regulation, November 23, 2013 (with E. Glen Weyl). cu www
  • "Centrists Should Mourn the Demise of the Filibuster," Slate, November 22, 2013. www
  • "You Can Have Either Climate Justice or a Climate Treaty," Slate, November 19, 2013. www
  • "Keep Spying on Foreigners, NSA," Slate, November 14, 2013. www
  • "The Paradox of Secrecy (reviewing Rahul Sagar, Secrets and Leaks: The Dilemma of State Secrecy (2013))," New Republic, November 2013, at p.52. www
  • "A Solution to the Collective Action Problem in Corporate Reorganization," HLS Forum on Corporate Governance and Financial Regulation, October 23, 2013 (with E. Glen Weyl). www
  • "Never Again," Slate, October 16, 2013. www
  • "If He Has to, Obama Should Raise the Debt Ceiling Unilaterally," Slate, October 11, 2013. www
  • "If He Has to, Obama Should Raise the Debt Ceiling Unilaterally," Slate, October 11, 2013. www
  • "Three Ways Obama Could Raise the Debt Ceiling On His Own," NewRepublic.com, October 2013. www
  • "Emergency Powers Let the President Borrow Beyond the Debt Limit," New York Times Room for Debate, October 2, 2013. www
  • "On the Debt Ceiling, at Least, Congress Will Blink," Slate, September 30, 2013. www
  • "Assad and the Death of the International Criminal Court," Slate, September 19, 2013. www
  • "The U.S. Ignores the U.N. Charter Because It’s Broken," Slate, September 9, 2013. www
  • "Obama Is Only Making His War Powers Mightier," Slate, September 3, 2013. www
  • "The U.S. Has No Legal Basis to Intervene in Syria," Slate, August 28, 2013. www
  • "Frisk Aversion," Slate, August 21, 2013. www
  • "The Virtues of Government Secrecy," Slate, August 5, 2013. www
  • "Square Root Voting: A New Approach to Regulation of Chaebol, Keiretsu, and Other Conglomerate Organizations in Asia," The CLS Blue Sky Blog, July 24, 2013 (with E. Glen Weyl & Sang-Seung Yi). www
  • "The Best Rescue Plan for Detroit," Slate, July 23, 2013. www
  • "Secrets and Scoops, Part 2," Slate, July 22, 2013 (with Emily Bazelon). www
  • "How to Make Poison Pills Palatable," New York Times, July 17, 2013 (with E. Glen Weyl). www
  • "Wrong Number," Slate, July 9, 2013. www
  • "Why Won’t Anyone Take Edward Snowden?," Slate, July 3, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 27, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 26, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 26, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 25, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 24, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 21, 2013. www
  • "Supreme Court 2013: The Year in Review," Slate, June 20, 2013. www
  • "Secrecy and Freedom," New York Times Room for Debate, June 9, 2013 (with Jameel Jaffer). www
  • "Quadratic Vote Buying, Square Root Voting, and Corporate Governance," HLS Forum on Corporate Governance and Financial Regulation, June 6, 2013 (with E. Glen Weyl). www
  • "The Good Way to Buy Votes," Slate, June 5, 2013. www
  • "Chill? What Chill? Threat's Overstated," USA Today, May 30, 2013, at p. A6. www
  • "President Ruthless," Slate, May 23, 2013. www
  • "Secrets and Scoops," Slate, May 17, 2013 (with Emily Bazelon). www
  • "The Killer Robot War Is Coming," Slate, May 15, 2013. www
  • "Shareholder Democracy Needs People To Pay for Their Votes," Financial Times, May 13, 2013 (with E. Glen Weyl). www
  • "President Obama Can Shut Guantanamo Whenever He Wants," Slate, May 2, 2013. www
  • "The United States Can’t Be the World’s Courthouse," Slate, April 24, 2013. www
  • "The New Law We Need in Order to Deal With Dzhokhar Tsarnaev," Slate, April 22, 2013. www
  • "Fool's Gold," Slate, April 11, 2013. www
  • "Indefinite Articles," Slate, March 19, 2013. www
  • "Let's Collect Everyone's DNA!," Chicago Tribune, March 10, 2013, at p. 22.
  • "The Mother of DNA Databases," Slate, March 5, 2013. www
  • "Ronald Dworkin's Error," Slate, February 19, 2013. www
  • "President Obama Can Do Anything He Wants To Fight Terrorism," Slate, February 5, 2013. www
  • "There's No Such Thing as an Illegal Immigrant," Slate, February 4, 2013. www
  • "Benefit-Cost Analysis for Financial Regulation," HLS Forum on Corporate Governance and Financial Regulation, February 4, 2013 (with E. Glen Weyl). www
  • "How Aaron Swartz's Cause Wins in the End," Slate, January 22, 2013. www
  • "The Danger Lurking Behind the Platinum Coin," Slate, January 10, 2013. www
  • "The President Has the Power to Raise the Debt Ceiling on His Own," Slate, January 4, 2013. www
  • "The Case for Cost-Benefit Analysis in Financial Regulations," Regulation, Winter 2013. cu www
  • "Against Casino Finance," National Affairs, Winter 2013 (with E. Glen Weyl). www
  • "Don’t Worry About the Voting Rights Act," Slate, November 20, 2012 (with Nicholas Stephanopoulos). www
  • "Assange's London Bunker," Wall Street Journal, August 21, 2012, at p. A13. www
  • "Book Review(Perils and Privileges: Showdown in the Sonoran Desert: Religion, Law, and the Immigration Controversy, by Ananda Rose)," New Republic, June 2012. www
  • "How Low Can We Go? (reviewing Daniel Gross, Better, Stronger, Faster: The Myth of American Decline ... and the Rise of a New Economy (2012))," New Republic, May 2012. www
  • "How Do We Know? (reviewing Jim Manzi, Uncontrolled: The Surprising Payoff of Trial-and-Error for Business, Politics, and Society (2012))," New Republic, April 25, 2012. www
  • "An FDA for Securities Could Help Avert Crises," Bloomberg, April 2, 2012 (with E. Glen Weyl). www
  • "The Longest Battle (reviewing Mary Dudziak, War Time: An Idea, Its History, Its Consequences (2012))," New Republic, February 6, 2012. www
  • "A Minimalist Reparations Regime for the International Criminal Court," Human Rights and International Criminal Law Online Forum, February 1, 2012. www
  • "Liberalism and Concealment (reviewing Anita Allen, Unpopular Privacy: What Must We Hide? (2011))," New Republic, December 13, 2011. www
  • "Casual with the Court (reviewing Kevin J. McMahon, Nixon’s Court: His Challenge to Judicial Liberalism and Its Political Consequences (2011))," New Republic, October 24, 2011. www
  • "Shooting It Out (reviewing Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America (2011))," New Republic, July 6, 2011. www
  • "Libyan Legal Limbo," Slate, June 27, 2011 (with Adrian Vermeule). www
  • "The Beginning and The End (reviewing Elizabeth Price Foley, The Law of Life and Death (2011))," New Republic Online, June 23, 2011. www
  • "The Lying Game (reviewing James Stewart, Tangled Webs: How False Statements are Undermining America: From Martha Stewart to Bernie Madoff (2011))," New Republic Online, May 29, 2011. www
  • "The Court of Literature (reviewing Kenji Yoshino, A Thousand Times More Fair: What Shakespeare’s Plays Tell Us About Justice (2012))," New Republic Online, April 14, 2011. www
  • "Huck and Jim and Law (Reviewing Ethan J. Leib, Friend v. Friend: The Transformation of Friendship and What the Law Has to Do with It (2011))," New Republic Online, February 21, 2011. www
  • "Obama’s Cost-Benefit Analysis," New Republic Online, January 22, 2011. www
  • "Why Is Originalism So Popular?," New Republic Online, January 14, 2011. www
  • "One Side Now (reviewing Erwin Chemerinsky, The Conservative Assault on the Constitution (2010))," New Republic, January 2011. www
  • "How Not To Solve the European Debt Crisis," Slate, December 2, 2010 (with G. M. Gulati). www
  • "POTUS-phobia (reviewing Bruce Ackerman, The Decline and Fall of the American Republic (2010))," New Republic, November 2010. www
  • "The Four Tops (reviewing Noah Feldman, Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (2010))," New Republic Online, October 14, 2010. www
  • "Echoes of Subprime Ring Out Across Greek Debt Crisis," Financial Times, June 28, 2010 (with G. M. Gulati). www
  • "The Limits of Limits (reviewing Kal Raustiala, Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law (2009))," New Republic, May 2010, at p.36.
  • "Executive Decision (reviewing Benjamin Kleinerman, The Discretionary President: The Promise and Peril of Executive Power (2009))," New Republic, 2010. www
  • "The Decider (reviewing Frank J. Collucci, Justice Kennedy's Jurisprudence: The Full and Necessary Meaning of Liberty (2009))," New Republic, 2010. www
  • "The Prudent and the Imprudent (reviewing Gabriel Schoenfeld, Necessary Secrets: National Security, the Media, and the Rule of Law (2010))," New Republic, 2010. www
  • "The Better, Cheaper Mortgage Fix," Slate, March 2, 2009 (with Luigi Zingales). www
  • ""An Argument against Legal Extremism," (Reviewing Philip K. Howard, Life without Lawyers: Liberating Americans from Too Much Law (Norton 2009))," February 17, 2009 (with Robert Silver). www
  • "Destructive Technologies Require Us to Reassess Civil Liberties," Boston Review, December 2008. www
  • "Book Review (reviewing Benjamin Wittes, Law and the Long War (2008))," New York Post, July 28, 2008. www
  • "Out of Commission," Slate, February 13, 2008 (with Jack L. Goldsmith). www
  • "Global Warming and Social Justice," Regulation, Spring 2008 (with Cass R. Sunstein). ssrn
  • "Signing Statements: It's a President's Right," Boston Globe, August 3, 2006 (with Curtis A. Bradley).
  • "Apply the Golden Rule to al Qaeda?," Wall Street Journal, July 15, 2006, at p. A9.
  • "The Politics of Saddam’s Trial," openDemocracy.net, October 31, 2005 (Republished in German translation as “Recht in Verlegenheit,” Süddeutsche Zeitung 15 November 28, 2005). www
  • "Judicial Cliches on Terrorism," Washington Post, August 8, 2005 (with Adrian Vermeule). www
  • "Reign of Terror," Chicago Tribune, January 18, 2004 (with John C. Yoo).
  • "Crimes and Punishment," Wall Street Journal, April 11, 2003 (with Adrian Vermeule).
  • "The Real Problem With Law Schools," Slate, April 2, 2003. www
  • "Evaluating Transfer Regulations," Regulation, Winter 2003. ssrn www
  • A Proposal For Protecting Low-Income Workers From Monopsony And Collusion, (Brookings). (with Alan B. Krueger). www
  • Editor, The New Rambler.
  • Regular Contributor, Slate.

Additional Activities

Memberships and Professional Affiliations

  • American Law Institute (2014-present) 
  • International Advisory Board, the Centre for Law, Economics and Society, University College London (2013-present)
  • American Law and Economics Association Board of Directors (2000-2003; 2013-2016)
  • Maryland Bar Association (admitted 1991)
  • Illinois Bar Association (admitted 2018)

Awards and Honors

  • Lawdragon 500 Leading Lawyers in America (2019, 2020)
  • American Antitrust Institute Jerry S. Cohen Memorial Fund Writing Award, for "Antitrust Remedies for Labor Market Power" (2019)
  • Antitrust Writing Award, for "Antitrust Remedies for Labor Market Power" (2019)
  • Bloomberg 50, for Radical Markets (2018)
  • Financial Times Book of the Year, for Last Resort (2018)
  • Economist Book of the Year, for Radical Markets (2018)
  • Sloan Grant for Conference on Benefit-Cost Analysis and Financial Regulation (2013) (with Glen Weyl)
  • Fellow, American Academy of Arts and Sciences (2010)
  • Simon Visiting Scholar, Florida State University College of Law (2004) 
  • Olin Fellow, University of Virginia Law School (2002) 
  • University Research Foundation grant, University of Pennsylvania (1996)
  • John M. Olin Fellowship, University of Southern California (1995)

Editorial Work

  • Member, Editorial Board, Economic Analysis of Law Review (2014-present)
  • Editorial Board, Journal of Benefit-Cost Analysis (2009-present)
  • Oxford University Press Legal Education Advisory Board (2006-present)
  • Editorial Board, Review of Law and Economics (2004-present)
  • Board of University Publications, University of Chicago (2001-2004)
  • Editorial Board, Law & Social Inquiry (2000-2001)
  • Editor, The Journal of Legal Studies (1998-2010)
  • Referee, Journal of Law and Economics; Journal of Economic Literature; Oxford University Press; Harvard University Press; Edward Elgar; Quarterly Journal of Economics; National Science Foundation; Law and Social Inquiry; American Economic Review; Journal of Law, Economics, & Organization; American Law and Economics Review; International Review of Law and Economics; American Journal of Political Science; Law and Society Review; Journal of Policy Analysis and Management; Journal of the European Economics Association; Health Affairs; University of Chicago Press; Canada Council for the Arts; World Politics; Supreme Court Economic Review; Law and Philosophy; Ethics and International Affairs; Institute of Medicine; Israel Science Foundation; Conflict Management and Peace Science; Smith Richardson Foundation; Yale University Press; Hart Publishing; Journal of Peace Research; British Journal of Political Science; National Academy of Sciences; Social Theory and Practice; Politics, Philosophy and Economics; Journal of Global Ethics; Climate Policy; Political Science Quarterly; Journal of Benefit-Cost Analysis; Journal of Legal Analysis; European Journal of International Law

Other Activities

  • Sympatic Inc., Advisory Board (2019-present)
  • Of Counsel, MoloLamken (2018-2021)
  • Of Counsel, Boies, Schiller & Flexner (2010-2016)
  • Cofounder and editor, New Rambler Review (2015-2017)
  • Columnist, Slate (2012-2016)
  • Member, Faculty Steering Committee, Milton Friedman Institute (2008-2010)
  • Adviser, Restatement (Third) of Restitution, American Law Institute
  • Participant in simulated Canada-United States negotiation over the Northwest Passage, sponsored by ArcticNet, Ottawa (February 2008)
  • Short-Term Consultant, World Bank (2007)
  • Testimony: