Academic Publications

Public Nuisance Liability and the Irrelevance of the Second Amendment, Duke Center for Firearms Law Second Thoughts Blog, April 12, 2022

From Liability Shields to Democratic Theory: What We Need from Tort Theory Now, 14 J. Tort L. 373 (2021)

The Law Against Family Separation, with Carrie Cordero and Chimene Keitner, 51 Colum. Hum. Rts. L. Rev. 432 (2020)

We Need to Provide Resources for COVID-19 Victims, Not Tort Immunity for Businesses, American Constitution Society Expert Forum: Law and Policy Analysis, May 11, 2020.

Donald Trump Couldn’t Be Trusted to Direct a Charity; Why Does Anybody Trust Him to Preside Over a Country?, JURIST – Academic Commentary, December 1, 2019

Why the Latest Ruling in the Sandy Hook Shooting Litigation Matters, Harvard Law Review Blog, March 18, 2019, [invited contribution]

Cities, Government, Law, and Civil Society, 45 Fla. St. U. L. Rev. 615 (2018)

What Lawyers Can and Should Do About Mendacity in Politics, 56 Duq. L. Rev. 126 (2018)

Toward an Ethics of Being Lobbied: Affirmative Obligations to Listen, 12 Geo. J. L.&Pub. Pol’y 493 (2014); presented originally as an invited paper for symposium on the ethics of lobbying, Georgetown Institute for the Study of Markets and Ethics, November 2013

Human Subject Research Regulation: What’s Right About the Medical Model (in The Future of Human Subjects Research (Cambridge: The MIT Press, 2014); originally presented at The Future of Human Subjects Research Regulation, a conference sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, May 2012)

Appellate Adjudication as Conceptual Engineering in Pragmatism, Law, and Language 76, 76-97 (Graham Hubbs & Douglas Lind, eds., 2013)

The Distinctiveness of Appellate Adjudication, Washington University Jurisprudence Review, Vol. 5, (2012)

Prudence, Benevolence, and Judgments of Negligence: Virtue Ethics and Tort Law in Virtue Jurisprudence (Colin Farrelly and Lawrence Solum, eds., 2008), reprinted from 74 Chi.-Kent L. Rev. 1431 (2000)

Loss, 35 New Mexico Law Review 375 (2005) in symposium issue entitled “Civil Numbers: Examining the Spectrum of Noneconomic Harm”

Pushing Drugs: Genomics, the Pharmaceutical Industry and the Law of Negligence in Ahrens Tort Law Symposium, 42 Washburn L.J. 575 (2003) [sections reprinted in Aspen casebook on Bioethics and Healthcare Law, 2005]

Commissioned Book Review, Outgunned: Up Against the NRA by Peter Harry Brown and Daniel G. Abel, Trial: Journal of the Association of Trial Lawyers of America 81 (July 2003)

Commissioned Book Review, Notre Dame Philosophical Reviews at (review of Gerald Postema, Philosophy and the Law of Torts) (September 2002)

Prudence, Benevolence, and Judgments of Negligence: Virtue Ethics and Tort Law, in Symposium: Law, Psychology, and the Emotions, 74 Chi.-Kent L. Rev. 1431 (2000)

Foreword to Symposium: Law, Psychology, and the Emotions, 74 Chi.-Kent L. Rev. 1423 (2000)

Beyond the Model Rules: The Place of Examples in Legal Ethics, Foreword to Symposium, 12 Geo. J. Legal Ethics 409 (1999) (commissioned by the journal)

Apparently Substantial, Oddly Hollow: The Enigmatic Practice of Justice (book review of William Simon, The Practice of Justice), 97 Mich. L. Rev. 1472 (1999) (commissioned by the law review)

Rawls’ Political Constructivism as a Judicial Heuristic: A Response to Professor Allen, 51 Florida L. Rev. 67 (1999); (invited commentary on Anita Allen’s Dunwoody Distinguished Lecture in Law)

Science, Reason, and Tort Law: Looking for the Reasonable Person, in Law and Science (Oxford University Press, 1998), 35. (Written in conjunction with an invited presentation at The Law and Science Conference, held at University College, London, June 1997.)

Blending Fields: Tort Law, Philosophy, and Legal Theory (book review of Philosophical foundations of Tort Law, ed. David G. Owen), 49 S. Carolina L. Rev. 167 (1997) (commissioned by the law review)

Harm and Money: Against the Insurance Theory of Tort Compensation, 75 Tex. L. Rev. 1567 (1997). (Written in conjunction with The 1997 W. Page Keeton Symposium on Tort Law, held at University of Texas Law School)

Enriching the Legal Ethics Curriculum: From Requirement to Desire, 58 L. and Contemp. Prob. 51 (Summer/Autumn 1995)

Libertarianism With a Twist (book review of Richard Epstein, Simple Rules), 94 Mich. L. Rev. 1883 (1996) (commissioned by the law review)

Codes and Virtues: Can Good Lawyers Be Good Ethical Deliberators?, 69 S. Cal. L. Rev. 885 (1996)

Science and Uncertainty in Mass Exposure Litigation, 74 Tex. L. Rev. 1 (1995)

Objectivity in Legal Judgment, 92 Mich. L. Rev. 1187 (1994)

Divided We Fall: Associational Standing and Collective Interest, 87 Mich. L. Rev. 733 (1988)