Journal Articles
"Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny," 2 Journal of Free Speech Law 627 (2023) (peer-reviewed)
"The Myth of the Federal Private Nondelegation Doctrine," 99 Notre Dame Law Review 203 (2023)
"The Moral Neutrality of Privatization as Such," in The Cambridge Handbook of Privatization 117 (Avihay Dorfman & Alon Harel eds., Cambridge University Press 2021) (peer-reviewed)
"Antitrust Immunity, State Administrative Law, and the Nature of the State," 52 Arizona State Law Journal 191 (2020)
"The Swing Justice: Reflections on the Career of Justice Anthony Kennedy" (Panel 6: The Median Justice), 35 Georgia State University Law Review 1037 (2019) (transcript of conference panel)
"Medical Malpractice as Workers Comp: Overcoming State Constitutional Barriers to Tort Reform," 67 Emory Law Journal 975 (2018)
"Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law," 66 Emory Law Journal 1391 (2017)
"The Shadow Debate over Private Nondelegation in DOT v. Ass’n of American Railroads," 2014–2015 Cato Supreme Court Review 359
"Law: Economics of Its Public Enforcement," in International Encyclopedia of the Social and Behavioral Sciences (James D. Wright ed., 2d ed. 2015)
"Are the Worst Kinds of Monopolies Immune from Antitrust Law?: FTC v. North Carolina Board of Dental Examiners and the State-Action Exemption," 9 NYU Journal of Law & Liberty 119 (2015)
"Privatization and Competition Policy," in Competition and the State (Thomas K. Cheng et al. eds., Stanford Univ. Press 2014) (peer-reviewed)
"The New Private-Regulation Skepticism: Due Process, Non-Delegation, and Antitrust Challenges," 37 Harvard Journal of Law and Public Policy 931 (2014).
"Prison Accountability and Performance Measures," 63Emory Law Journal339 (2014).
"The Modest Effect of Minneci v. Pollard on Inmate Litigants" (Keynote article for Symposium: Inside America’s Criminal Justice System: The Supreme Court and the Rights of the Accused and the Incarcerated), 46 Akron Law Review 287 (2013).
"Privatization and the Elusive Employee-Contractor Distinction," 46 UC Davis Law Review 133 (2012).
"Prison Vouchers," 160 University of Pennsylvania Law Review 779 (2012).
"The Constitutional Possibilities of Prison Vouchers," 72 Ohio State Law Journal 983 (2011).
"Do Faith-Based Prisons Work?", 63 Alabama Law Review 43 (2011).
"Rationality or Rationalism? The Positive and Normative Flaws of Cost-Benefit Analysis," 48 Houston Law Review 79 (2011).
"Privatization, Free-Riding, and Industry-Expanding Lobbying," 30 International Review of Law and Economics 62 (2010) (peer-reviewed).
- Companion paper: "Privatization, Free-Riding, and Industry-Expanding Lobbying: Additional Materials," Emory Law & Econ. Research Paper No. 969789 and Georgetown Law & Econ. Research Paper No. 969789 (2007).
"Property Rights and Contract Form in Medieval Europe," 11 American Law and Economics Review 399 (2009) (peer-reviewed).
"Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else," 83 New York University Law Review 769 (2008).
"Privatization and the Law and Economics of Political Advocacy," 60 Stanford Law Review 1197 (2008).
Book Chapters
"Externalities," in The Encyclopedia of Libertarianism 162 (Ronald Hamowy ed., 2008).
Opinion & Essay
"Victory Against Big Dentistry! The Antitrust Story," The Volokh Conspiracy/Washington Post (February 25, 2015).
