Our faculty are highly active in their fields of expertise. They are frequently sought after to comment on the legal aspects of current events in the media and at conferences and symposia across the country.
Assistant Professor of Law
Disaggregating Legislative Intent, 90 FORDHAM LAW REVIEW __ (forthcoming 2021).
Legislative History in the Modern Congress, 57 HARVARD JOURNAL ON LEGISLATION 91 (2020).
The Congressional Bureaucracy, 168 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1541 (2020) (with Abbe Gluck).
The Staffer's Error Doctrine, 56 HARVARD JOURNAL ON LEGISLATION 83 (2019).
When Courts Should Ignore Statutory Text, 26 GEORGE MASON LAW REVIEW 453 (2019).
Associate Professor of Law
Economic Regulation and Rural America, 98 WASHINGTON UNIVERSITY LAW REVIEW __ (forthcoming 2021). [SSRN]
Associate Professor of Law
From Driverless Dilemmas to More Practical Commonsense Tests for Automated Vehicles, PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES, 2021 (with Julian De Freitas, Andrea Censi, Luigi Di Lillo, Sam E. Anthony, and Emilio Frazzoli). [LINK]
How Reporters Can Evaluate Automated Driving Announcements, 2020 JOURNAL OF LAW AND MOBILITY 1 (2020). [SSRN]
Ethics of Artificial Intelligence in Transport, in THE OXFORD HANDBOOK OF ETHICS OF ARTIFICIAL INTELLIGENCE (2020). [SSRN]
New Technologies and Old Treaties, 114 AMERICAN JOURNAL OF INTERANATIONAL LAW UNBOUND 152 (2020). [SSRN]
It's Not the Robot's Fault! Russian and American Perspectives on Responsibility for Robot Harms, 30 DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW 134 (2019) (with Andrey Neznamov). [LINK]
Associate Dean for the Law Library and Professor of Law
The Operation of Supervisory Colleges in EU Banking Supervision: A Case Study of Soft Law Becoming Hard Law, 54 INTERNATIONAL LAWYER __ (2021).
Central Bank Independence: Recent Innovation in Human History, 136 BANKING LAW JOURNAL 553 (2019).
The Operation of Supervisory Colleges after the Single Supervisory Mechanism of the European Banking Union, 136 BANKING LAW JOURNAL 65 (2019)
Professor of Law
Nonprofit Governance: Who Should Be Watching? A Look at State, Federal and Dual Regulation, 13 OHIO STATE BUSINESS LAW JOURNAL 145 (2019). [SSRN]
Associate Dean for Academic Affairs; Professor of Law and Class of 1969 Chair for Teaching Excellence
A Corporate Law Rationale for Reparations, 62 BOSTON COLLEGE LAW REVIEW __ (forthcoming 2021) (with Benjamin Means).
Professor of Law
A Corporate Law Rationale for Reparations, 62 BOSTON COLLEGE LAW REVIEW __ (forthcoming 2021) (with Susan Kuo).
Entrepreneurial Action in Family-Controlled Companies, in THE HANDBOOK ON LAW AND ENTREPRENEURSHIP IN THE UNITED STATES (D. Gordon Smith, Brian Broughman & Christine Hurt eds.) (Cambridge University Press, forthcoming 2021).
The Value of Insider Control, 60 WILLIAM & MARY LAW REVIEW 891 (2019). [SSRN]
Assistant Professor of Law
Unequal Investment: A Regulatory Case Study, 107 CORNELL LAW REVIEW __ (forthcoming 2022).
Managerial Fixation and the Limitations of Shareholder Oversight, 71 HASTINGS LAW JOURNAL 699 (2020). [SSRN]
Professor of Law
Beyond "Children Are Different": The Revolution in Juvenile Intake and Sentencing, __ WASHINGTON LAW REVIEW __ (forthcoming, 2021).
America’s Hidden Foster Care System, 72 STANFORD LAW REVIEW 841 (2020).
Reevaluating School Searches Following School-to-Prison Pipeline Reforms, 87 FORDHAM LAW REVIEW 2013 (2019). [SSRN]
Assistant Professor of Law
Modernizing Capacity Doctrine, __ FLORIDA LAW REVIEW __ (forthcoming, 2021).
Litigation as Parenting, 95 NEW YORK UNIVERSITY LAW REVIEW 442 (2020).
No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22, 71 FLORIDA LAW REVIEW 831 (2019). [SSRN]
Professor of Law
ICWA’s Irony, 45 AMERICAN INDIAN LAW REVIEW (2021) (peer reviewed).
ICWA Downunder: Exploring the Costs and Benefits of Enacting an Australian Version of the United States' Indian Child Welfare Act, 33 CANADIAN JOURNAL OF FAMILY LAW 161 (2020).
ICWA International: The Benefits and Dangers of Enacting ICWA Type Legislation in Non-U.S. Jurisdictions, 97 DENVER LAW REVIEW 205 (2019).
Assistant Professor of Law
Rethinking Sovereignty: The Conflicts Revolution in Personal Jurisdiction, 105 MINNESOTA LAW REVIEW 679 (2020).
Associate Dean for Faculty Development; Thomas H. Pope Professor of Law in Trial Advocacy
SOUTH CAROLINA CIVIL PROCEDURE 4th ed. (South Carolina Bar Association, 2020) (with Joel Samuels).
Professor of Law and Director, Rule of Law Collaborative
SOUTH CAROLINA CIVIL PROCEDURE 4th ed. (South Carolina Bar Association, 2020)(with Colin Miller).
Assistant Professor of Law
Rethinking Sovereignty: The Conflicts Revolution in Personal Jurisdiction, 105 MINNESOTA LAW REVIEW 679 (2020).
AMERICAN CONFLICTS OF LAW: CASES AND MATERIALS (with Robert Felix, Ralph Whitten & Rich Seamon) (2020).
N. Heyward Clarkson Professor of Law
The Fourth Amendment at Home, 96 INDIANA LAW JOURNAL 167 (2020).
OVERCOMING NECESSITY: EMERGENCY, CONSTRAINT, AND THE MEANINGS OF AMERICAN CONSTITUTIONALISM (Yale University Press, 2020).
Associate Professor of Law
How the Fourth Amendment Frustrates the Regulation of Police Violence, 70 EMORY LAW JOURNAL 521 (2021).
EVALUATING POLICE USES OF FORCE (NYU Press, 2020).
Associate Dean for Faculty Development; Thomas H. Pope Professor of Law in Trial Advocacy
Reciprocal Immunity, __ INDIANA LAW JOURNAL SUPPLEMENT __ (forthcoming, 2021).
Why States Must Consider Innocence Claims After Guilty Pleas, 10 U.C. IRVINE LAW REVIEW 671 (2020).
The Right to Evidence of Innocence Before Pleading Guilty, 53 U.C. DAVIS LAW REVIEW 271 (2019).
Associate Professor of Law
Global Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda, 42 HARVARD JOURNAL OF LAW & GENDER 123 (2019). [SSRN]
Professor of Law
Law Enforcement in the American Security State, 2019 WISCONSIN LAW REVIEW 819 (2019).
Terrorism Prosecutions, Material Support, and Islamophobia, 40 COMPARATIVE STUDIES OF SOUTH ASIA, AFRICA, AND THE MIDDLE EAST 243 (2020).
Associate Dean for Academic Affairs; Professor of Law and Class of 1969 Chair for Teaching Excellence
THE CAMBRIDGE HANDBOOK OF DISASTER LAW: RISK, RECOVERY, AND REDEVELOPMENT __ (Cambridge University Press, forthcoming, 2021) (with John T. Marshall and Ryan M. Rowberry).
Professor of Law and Ernest F. Hollings Chair in Constitutional Law
Freedom, Democracy, and the Right to Education, 116 NORTHWESTERN UNIVERSITY LAW REVIEW (forthcoming 2021).
SCHOOLHOUSE BURNING: PUBLIC EDUCATION AND THE ASSAULT ON AMERICAN DEMOCRACY (Public Affairs Press, 2020).
Educational Gerrymandering: Money, Motives, and Constitutional Rights, 94 NEW YORK UNIVERSITY LAW REVIEW 1385 (2019).
The Right to Education, Equal Opportunity, and the Schoolhouse Gate, 128 YALE LAW JOURNAL 2302 (2019) (review essay with Michelle Adams).
The Fundamental Right to Education, 94 NOTRE DAME LAW REVIEW 1059 (2019).
Associate Professor of Law
The Lost Promise of Disability Rights, 119 MICHIGAN LAW REVIEW __(forthcoming 2021)
The Promise and Peril of Using Disability Law as a Tool for School Reform, 94 WASHINGTON LAW REVIEW 1831 (2019).
Coerced Choice: School Vouchers and Students with Disabilities, 68 EMORY LAW JOURNAL 1037 (2019).
Assistant Professor of Law
Subverting Title IX, 105 MINNESOTA LAW REVIEW __(forthcoming 2021).
The Title IX Paradox, 108 CALIFORNIA LAW REVIEW 1147 (2020).
The School Civil Rights Vacuum, 66 UCLA LAW REVIEW 720 (2019).
Associate Professor of Law
Rethinking Grid Governance for the Climate Change Era, 109 CALIFORNIA LAW REVIEW __(forthcoming 2021) [SSRN]
Decarbonization in Democracy, 67 UCLA LAW REVIEW 56 (2020).
Revamping Public Energy, in DEBATING THE PUBLIC OPTION (Anne Alstott & Ganesh Sitaraman eds., Cambridge Univ. Press, forthcoming 2020)
Clean Energy Justice: Charting an Emerging Agenda, 43 HARVARD ENVIRONMENTAL LAW REVIEW 307 (2019) (with Joel Eisen). [SSRN]
Solomon Blatt Professor of Law
OCEAN AND COASTAL RESOURCES LAW, 3d ed. (2020) (with Shi-Ling Hsu).
Associate Professor of Law
Economic Regulation and Rural America, 98 WASHINGTON UNIVERSITY LAW REVIEW __ (forthcoming 2021). [SSRN]
Rural Communities and Disaster Recovery, in THE CAMBRIDGE HANDBOOK OF DISASTER LAW: RISK, RECOVERY, AND REDEVELOPMENT (Susan Kuo, John T. Marshall, and Ryan M. Rowberry eds.) (Cambridge University Press, forthcoming 2021).
Distributive Justice and Rural America, 61 BOSTON COLLEGE LAW REVIEW 189 (2020). [SSRN]
Just Transitions, 92 SOUTHERN CALIFORNIA LAW REVIEW 2 (2019). [SSRN]
Associate Professor of Law
COVID 19 Versus Climate Change Impacts: Lesson Learned During the Pandemic, NATIONAL UNIVERSITY OF SINGAPORE FACULTY OF LAW LEGAL STUDIES WORKING PAPER SERIES (2020) (with Linda Yanti Sulistiawati). [SSRN]
Associate Professor of Law
The Rise and Fall of Clean Air Act Climate Policy, 10 MICHIGAN JOURNAL OF ENVIRONMENTAL AND ADMINISTRATIVE LAW 1 (2020).
Associate Professor of Law
Rethinking Grid Governance for the Climate Change Era, 109 CALIFORNIA LAW REVIEW __(forthcoming 2021) [SSRN]
Making Federalism Work: Lessons from Health Care to the Green New Deal, __ UNIVERSITY OF RICHMOND LAW REVIEW __ (forthcoming 2021) (with Jesse Cross).
Decarbonization in Democracy, 67 UCLA LAW REVIEW 56 (2020).
Revamping Public Energy, in DEBATING THE PUBLIC OPTION (Anne Alstott & Ganesh Sitaraman eds., Cambridge Univ. Press, forthcoming 2020)
Clean Energy Justice: Charting an Emerging Agenda, 43 HARVARD ENVIRONMENTAL LAW REVIEW 307 (2019) (with Joel Eisen). [SSRN]
Assistant Professor of Law
Making Federalism Work: Lessons from Health Care to the Green New Deal, __ UNIVERSITY OF RICHMOND LAW REVIEW __ (forthcoming 2021) (with Shelley Welton).
Associate Professor of Law
COVID 19 Versus Climate Change Impacts: Lesson Learned During the Pandemic, NATIONAL UNIVERSITY OF SINGAPORE FACULTY OF LAW LEGAL STUDIES WORKING PAPER SERIES (2020) (with Linda Yanti Sulistiawati). [SSRN]
Assistant Professor of Law
Equitable Health Savings Accounts, 56 HARVARD JOURNAL ON LEGISLATION 395 (2019) (with Samuel Estreicher).
Professor of Law
ICWA’s Irony, 45 AMERICAN INDIAN LAW REVIEW __(forthcoming, 2021) (peer reviewed).
ICWA Downunder: Exploring the Costs and Benefits of Enacting an Australian Version of the United States' Indian Child Welfare Act, 33 CANADIAN JOURNAL OF FAMILY LAW 161 (2020).
ICWA International: The Benefits and Dangers of Enacting ICWA Type Legislation in Non-U.S. Jurisdictions, 97 DENVER LAW REVIEW 205 (2019).
Ray Taylor Fair Professor of Law
Immoral Trademarks After Brunetti, 58 HOUSTON LAW REVIEW 2 (2020).
Fair Use in Sayre v. Moore: A reply to Oracle, 2020 UNIVERSITY OF ILLINOIS LAW REVIEW ONLINE 284 (2020).
INTELLECTUAL PROPERTY: A SURVEY OF THE LAW, 2d Ed (Carolina Academic Press 2020). [LINK]
PATENT LAW: FUNDAMENTALS OF DOCTRINE AND POLICY (with Daniel H. Brean) (Carolina Academic Press 2020). [LINK]
Who Decides Fair Use — Judge or Jury?, 94 WASHINGTON LAW REVIEW 275 (2019). [SSRN]
Associate Professor of Law
Without Land, Without Justice: How Women's Lack of Land Rights Impedes Access to Justice, in GENDER, POVERTY AND ACCESS TO JUSTICE: POLICY IMPLEMENTATION IN SUB-SAHARAN AFRICA (2020).
Global Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda, 42 HARVARD JOURNAL OF LAW & GENDER 123 (2019). [SSRN]
Associate Professor of Law
KATA BERSAMA ANTARA MUSLIM DAN KRISTEN: TEORI DAN APLIKAS (Gadjah Mada University Press, 2019) (with Waleed El-Ansary, Harkristuti Harkrisnowo, Siti Ruhaini Dzuhayatin and Paripurna P Sugard). [LINK]
Associate Professor of Law
Just Transitions, 92 SOUTHERN CALIFORNIA LAW REVIEW 2 (2019). [SSRN]
Oliver Ellsworth Professor of Federal Practice
THE VIRTUAL WORKPLACE: DEFINING EMPLOYMENT IN THE MODERN ECONOMY (Cambridge University Press, 2021).
Platform Pleading, 93 WASHINGTON LAW REVIEW 1947 (2019).
The Discrimination Presumption, 94 NOTRE DAME LAW REVIEW 1115 (2019).
Harassment, Technology, and the Modern Worker, 18 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL 85 (2019).
EMPLOYMENT DISCRIMINATION: PROCEDURE, PRINCIPLES & PRACTICE, 2d Ed (Aspen Publishers 2019).
Henry Harman Edens Professor of Law and Director, NMRS Center on Professionalism
Afterword, in MODERNISING LEGAL EDUCATION (Catrina Denvir, ed., Cambridge University Press 2020).
Evidence-Based Lawyer Regulation, 97 WASHINGTON UNIVERSITY LAW REVIEW 297 (2019).
Marketing Legal Assistance, 148 DAEDALUS 98 (2019). [LINK]
Professor of Law and Director of Legal Writing
Declaring, Exploring, Instructing, and (Wait for It) Joking: Tonal Variation in Majority Opinions, 18 LEGAL COMMUNICATION AND RHETORIC __ (forthcoming 2021).
Heated Debate and the Frozen Trucker: Argument Schemes in Judicial Opinions Reviewing Agency Interpretations of Statutes, in PROCEEDINGS OF THE NINTH INTERNATIONAL CONFERENCE OF THE INTERNATIONAL SOCIETY FOR THE STUDY OF ARGUMENTATION 319 (Bart Garssen et al. eds., 2019).
Professor of Law
The Destabilizing Effect of Terrorism in the International Human Rights Regime, 67 UCLA LAW REVIEW __ (forthcoming 2021).
Empire, Emergency and International Law 25 JOURNAL OF CONFLICT AND SECURITY LAW 599 (2020) (with John Reynolds) (book review).
Terrorism Prosecutions, Material Support, and Islamophobia, 40 COMPARATIVE STUDIES OF SOUTH ASIA, AFRICA, AND THE MIDDLE EAST 243 (2020).
Professor of Law
UNDERSTANDING NONPROFIT AND TAX EXEMPT ORGANIZATIONS, 3d ed. (Carolina Academic Press, forthcoming 2021).
Chapters in the SC NONPROFIT CORPORATE MANUAL 3d ed. (South Carolina Bar Association, forthcoming 2021).
Nonprofit Governance: Who Should Be Watching? A Look at State, Federal and Dual Regulation, 13 OHIO STATE BUSINESS LAW JOURNAL 145 (2019). [SSRN]
Professor of Law
Law Enforcement in the American Security State, 2019 WISCONSIN LAW REVIEW 819 (2019).
Associate Professor of Law
How the Fourth Amendment Frustrates the Regulation of Police Violence, 70 EMORY LAW JOURNAL 521 (2021).
Policing Suspicion: A Continuum from a Hunch to Scientific Certainty __ JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY __ (forthcoming 2021).
The Regulation of Police Violence, in CRITICAL ISSUES IN POLICING (Waveland Press, 2020).
EVALUATING POLICE USES OF FORCE (NYU Press, 2020).
Charles E. Simons, Jr. Distinguished Professor Emeritus of Federal Law
The Uniform Basis Rules and Terminating Interests in Trusts Early, 55 REAL PROPERTY, TRUST, AND ESTATE JOURNAL 1 (2020) (with Howard M. Zaritsky and D. Ryan Wallace).
The Secure Act, Trusts, Corporations, and CRTs, 47 ESTATE PLANNING 24 (2020).
Associate Professor of Law
Global Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda, 42 HARVARD JOURNAL OF LAW & GENDER 123 (2019). [SSRN]
Associate Dean for Academic Affairs; Professor of Law and Class of 1969 Chair for Teaching Excellence
A Corporate Law Rationale for Reparations, 62 BOSTON COLLEGE LAW REVIEW __ (forthcoming, 2021) (with Benjamin Means).
Professor of Law
A Corporate Law Rationale for Reparations, 62 BOSTON COLLEGE LAW REVIEW __ (forthcoming, 2021) (with Susan Kuo).
Associate Professor of Law
Freezing the Future: Elective Egg Freezing and the Limits of Medical Expense Deduction, 107 KENTUCKY LAW JOURNAL 373 (2019) . [SSRN]
Assistant Professor of Law
Tax Policy and Our Democracy, 118 MICHIGAN LAW REVIEW 1233 (2020) (book review)
The Troubling Case of the Unlimited Pass-Through Deduction, 88 UNIVERSITY OF CHICAGO LAW REVIEW ONLINE (2020).
Equitable Health Savings Accounts, 55 HARVARD JOURNAL ON LEGISLATION 395 (2019) (with Samuel Estreicher).
THE INDIVIDUAL TAX BASE: CASES, PROBLEMS, AND POLICIES IN FEDERAL TAXATION (3d ed.,West American Casebook Series 2019) (with Laurie L. Malman & Linda F. Sugin)
Carolina Distinguished Professor of Law Emeritus
PRODUCTS LIABILITY AND SAFETY--CASES AND MATERIALS (with Mary J. Davis) (8th ed. 2020).
OWEN & DAVIS ON PRODUCTS LIABILITY (with Mary J. Davis) (4th ed. Supp. 2020).