Media

Socialized Law Would Be a Massive, Unworkable Nightmare, New Republic, February 04, 2014

The Presidency Comes With Executive Power. Deal With It., New Republic, February 03, 2014

How to Make Sure the Volcker Rule  Survives in Court, Bloomberg View, December 10, 2013

Bitcoin’s Bandwagon Has Never Been More Crowded, The New Republic, online, December 3, 2013

Benefit-Cost Paradigms in Financial Regulation, HLS Forum on Corporate Governance  and Financial Regulation, November 20, 2013 (with Glen Weyl)

The Paradox of Secrecy, Review of Rahul Sagar, Secrets and Leaks, The New Republic, November 11, 2013, at p. 52

A Solution to the Collective Action Problem in Corporate Reorganization, HLS Forum on Corporate Governance and Financial Regulation, October 23, 2013 (with Glen Weyl)

Three Ways Obama Could Raise the Debt Ceiling On His Own, The New Republic, online, October 7, 2013

Emergency Powers Let the President Borrow, New York Times Room for Debate, October 2, 2013

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 and Sang-Seung Yi)

How to Make Poison Pills Palatable, New York Times DealBook, July 17, 2013

Secrecy and Freedom, New York Times Room for Debate, June 9, 2013 (exchange with Jameel Jaffer)

Quadratic Vote Buying, Square Root Voting, and Corporate Governance, HLS Forum on Corporate Governance and Financial Regulation, June 6, 2013 (with Glen Weyl)

Shareholder Democracy Needs People To Pay for Their Votes, Financial Times, May 13, 2013 (with Glen Weyl)

Introduction to Symposium on Immigration Law and Institution Design, 80 U. Chicago L. Rev. 1 (2013) (with Adam B. Cox and Richard A. Epstein)

Benefit-Cost Analysis for Financial Regulation, HLS Forum on Corporate Governance and Financial Regulation, February 4, 2013 (with Glen Weyl)

Against Casino Finance, National Affairs, No. 14, p. 58, Winter 2013 (with Glen Weyl)

Overruled: How Conservative Was Chief Justice Rehnquist?, Review of John A. Jenkins, The Partisan: The Life of William Rehnquist, The New Republic, The Book, October 2, 2012

Assange’s London Bunker, Wall Street Journal, August 21, 2012, at A13

The Other Value of Life, Review of Kenneth R. Feinberg, Who Gets What: Fair Compensation After Tragedy and Financial Upheaval, The New Republic, The Book, July 31, 2012

Some Skeptical Comments on Beth Simmon’s Mobilizing for Human Rights, 44 NYU J. Inter’l Law & Politics 819 (2012)

Capitalism Is Regulation, Review of Edwward Conard, Unintended Consequences: Why Everything You’ve Been Told about the Economy Is Wrong, The New Republic, The Book, July 5, 2012

The Absurd International Criminal Court, Wall Steet Journal, June 11, 2012

Perils and Privileges, Review of Ananda Rose, Showdown in the Sonoran Desert: Religion, Law, and the Immigration Controversy, The New Republic, The Book, June 11, 2012

Transitional Prudence: A Comment on David Dyzenhaus, Leviathan as a Theory of Transitional Justice, 51 NOMOS 218 in Transitional Justice: NOMOS LI (2012)

How Low Can We Go?, Review of Daniel Gross, Better, Stronger, Faster: The Myth of American Decline … and the Rise of a New Economy, The New Republic, The Book, May 17, 2012

How Do We Know?, Review of Jim Manzi, Uncontrolled: The Suprising Payoff of Trial-and-Error for Business, Politics, and Society, The New Republic, The Book, April 25, 2012

An FDA for Securities Could Help Avert Crises, Bloomberg, April 2, 2012 (with Glen Weyl)

A Minimalist Reparations Regime for the International Criminal Court, Human Rights and International Criminal Law Online Forum, February 2012

The Longest Battle, Review of Mary Dudziak, War Time, The New Republic, The Book, February 6, 2012

Review of Larry May, Global Justice and Due Process, Ethics and International Affairs (forthcoming)

Reply to Danner, in Mark Danner, Torture and the Forever War(Tanner Lecture, forthcoming 2012)

Liberalism and Concealment, Review of Anita Allen, Unpopular Privacy: What Must We Hide?, The New Republic, The Book, December 13, 2011

Outside the Law, Foreign Policy, October 25, 2011

Casual with the Court, Review of Kevin J. McMahon, Nixon’s Court: His Challenge to Judicial Liberalism and Its Political Consequences, The New Republic, The Book, October 24, 2011

Obama Should Raise the Debt Ceiling on His Own, The New York Times, online, July 22, 2011 (with Adrian Vermeule)

Shooting it Out, Review of Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America, The Book, July 6, 2011

Stop Complaining About Harold Koh’s Interpretation of the War Powers Act, The New Republic, July 1, 2011, online

The Beginning of the End, Review of Elizabeth Price Foley, The Law of Life and Death, The Book, June 23, 2011

The Lying Game, Review of James Stewart, Tangled Webs: How False Statements are Undermining America: From Martha Stewart to Bernie Madoff, The Book, May 29, 2011

The Court of Literature, Review of Kenji Yoshino, A Thousand Times More Fair: What Shakespeare’s Plays Tell Us About Justice, The Book, April 14, 2011

Dockets of War, The National Interest, March-April 2011

Huck and Jim and Law, Review of Ethan J. Leib, Friend v. Friend: The Transformation of Friendship and What the Law Has to Do with it, The Book, February 21, 2011

Obama’s Cost-Benefit Revolution, The New Republic, January 22, 2011, online

Why Is Originalism So Popular?, The New Republic, January 14, 2011

One Side Now, Review of Erwin Chemerinsky, The Conservative Assault on the Constitution, The Book, January 2, 2011

Evaluating the Effects of International Law: Next Steps, 1 Global Policy 334 (2010)

Introduction in The Economics of Public International Law(Eric A. Posner, ed.): Edward Elgar (2010)

POTUS-Phobia, Review of Bruce Ackerman, The Decline and Fall of the American Republic, The New Republic, November 11, 2010, p. 33

The Four Tops, Review of Noah Feldman, Scorpions: the Battles and Triumphs of FDR’s Great Supreme Court Justices, The Book, October, 14 2010

The Gaza Blockade and International Law, Wall Street Journal, June 24, 2010

Echoes of Subprime Ring Out Across Greek Debt Crisis, Financial Times, June 28, 2010 (with Mitu Gulati)

The Gaza Blockage and International Law, Wall Street Journal, June 4, 2010, A19

Europe’s Missing Identity, Wall Street Journal, European Edition, June 4, 2010

The Prudent and the Imprudent, Review of Gabriel Schoenfeld, Necessary Secrets: National Security, the Media, and the Rule of Law, The Book, May 17, 2010

The Case for Electing Judges in Missouri, Newsweek, May 17, 2010

The Limits of Limits, Review of Kal Raustiala, Does the Constitution Follow the Flag?: The Evolution of Territoriality of American Law, The New Republic, May 5, 2010,   p. 36

Garzon and the Trouble With International Law, Wall Street Journal, April 14, 2010

Executive Decision, Review of Benjamin Kleinerman, The Discretionary President: The Promise and Peril of Executive Power, The Book, March 30, 2010

The Decider, Review of Frank J. Colluci, Justice Kennedy’s Jurisprudence: The Full and Necessary Meaning of Liberty, The Book, January 11, 2010

Outcomes, Outcomes, Review of Jack M. Balkin & Reva B. Siegel, eds., The Constitution in 2020, The New Republic, August 12, 2009, p. 43 (with Adrian Vermeule)

An Argument Against Legal Extremism, Review of Philip K. Howard, Life Without Lawyers: Liberating Americans From Too Much Law, The Daily Beast, February 17, 2009 (with Robert Silver)

Destructive Technologies Require Us to Reassess Civil Liberties, Boston Review

Does Europe Believe in International Law?, Wall Street Journal, November 25, 2008 (with Jack Goldsmith)

Review of Benjamin Wittes, Law and the Long War, New York Post, July 27, 2008

Diplomacy, Arbitration, and International Courts, in The Role of International Courts(Carl Baudenbacher & Erhard Busek eds., German Law Publishers, 2008)

Global Warming and Social Justice, 31 Regulation 14 (2008) (with Cass Sunstein)

The Great Divide, The New Republic.com, December 20, 2007 (with Cass Sunstein)

Pay China to Cut Emissions, The Financial Times, August 5, 2007, p. 11 (with Cass Sunstein)

The New Race for the Arctic, The Wall Street Journal, August 3, 2007, p. A8

What the Cold War Taught Us, The Wall Street Journal, April 21, 2007, p. A9

The Humanitarian War Myth, The Washington Post, October 1, 2006, p. B7

A Better Way on Detainees, The Washington Post, August 4, 2006, p. A17 (with Jack Goldsmith)

Signing Statements: It’s a President’s Right, The Boston Globe, August 3, 2006 (with Curtis Bradley)

Apply the Golden Rule to al Qaeda?, The Wall Street Journal, July 15, 2006, p. A9

A Threat That Belongs Behind Bars, The New York Times, June 25, 2006, s. 4, p. 12

Sins of the Fatherland, The Boston Globe, March 5, 2006, E4

The Politics of Saddam’s Trial, openDemocracy.net, October 31, 2005, republished in German translation as Recht in Verlegenheit, Süddeutsche Zeitung, Nov. 28, 2005, p. 15

Justice Within Limits, The New York Times, September 26, 2005, p. A20

Judicial Clichés On Terrorism, The Washington Post, August 8, 2005, p. A15 (withAdrian Vermeule)

Where’s the Old Bolton When We Need Him?, Los Angeles Times, April 19, 2005, p. B13 (with John Yoo)

All Hail…King George?, Foreign Policy Online, (March 2005)

Evaluating Transfer Regulations, 26 Regulation 42 (2004)

All Justice, Too, Is Local, The New York Times, December 30, 2004, p. A23

A “Torture” Memo and Its Tortuous Critics, The Wall Street Journal, July 6, 2004, p. A22 (with Adrian Vermeule)

Bring Back the Baathists, The New York Times, April 28, 2004, p. A23

International Court of Hubris, Wall Street Journal, April 7, 2004, p. A18 (with John Yoo)

Reign of Terror, Chicago Tribune, January 18, 2004 (with John Yoo)

The Patriot Act Under Fire, Wall Street Journal, December 9, 2003, p. A10 (with John Yoo)

Crimes and Punishment, Wall Street Journal, April 11, 2003, p. A10 (with Adrian Vermeule)

When Reforming Accounting, Don’t Forget Regulation. Policy Matters 02-35, AEI-Brookings Joint Center (August 2002)

Law and Economics for the Masses (Review of Law’s Order by David Friedman), Jurist (2000)

Kirkland and Ellis Distinguished Service Professor, University of Chicago Law School