BOOKS

• Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020) (revised edition,  2022).
• Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017) (co-edited with Iljoong Kim and Hojun Lee).
• The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, revised paperback edition, 2016).
• Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, 2013, extensively revised and expanded second edition,  2016) (published in Italian translation by the Istituto Bruno Leoni in 2015; published in Japanese translation by Shinzansha in 2016).
• A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013) (coauthored with Jonathan Adler, Randy Barnett, David Bernstein, Orin Kerr, and David Kopel).
• Still-Born Crusade: The Tragic Failure of Western Intervention in the Russian Civil War (Transaction Publishers, 1996) (book based on undergraduate thesis).

      ARTICLES

• “The Case for Expanding the Anticanon of Constitutional Law,” 2023 Wisconsin Law Review 575 (2023) (symposium on “Controlling the Supreme Court: Now and Far Into the Future”).
• “Rethinking the Supreme Court’s Impact on Federalism and Centralization,” Publius: The Journal of Federalism (2022) (with Michael Dichio).
• “Immigration and the Economic Liberty of Natives,” Public Affairs Quarterly (forthcoming) (symposium on immigration).
• “A Major Question of Power: The Vaccinate Mandate Cases and the Limits of Executive Authority,” 2021-22 Cato Supreme Court Review 69 (2022) (Symposium on the 2021-22 Supreme Court term).
• “Vaccine Passports as a Constitutional Right,” 51 Arizona State Law Journal 505 (2022) (with Kevin Cope and Alexander Stremitzer).
• “Nondelegation Limits on COVID Emergency Powers: Lessons from the Eviction Moratorium and Title 42 Cases,” 15 NYU Journal of Law and Liberty 658 (2022) ((Symposium on “Responding to Emergency: A Blueprint for Liberty in A Time of Crisis”).
• “How Judicial Review Can Help Empower People to Vote with their Feet,” 29 George Mason Law Review 509 (2022) (Symposium on “Does the Will of the People Exist”).
• “The Promise and Peril of Epistocracy,” 65 Inquiry 27 (2022) (Symposium on Jason Brennan, Against Democracy).
• “Migration and Liberalism: Rejoinder to Stephen Davies and Paul Graham,” 41 Economic Affairs 317 (2021).
• “Freedom Through Foot Voting,” 41 Economic Affairs 141 (2021).
• “The Normality of Knick: A Response to Sterk and Pollack,” 72 Florida Law Review Forum 38 (2021).
• “Migration and Self-Determination,” 18 Georgetown Journal of Law and Public Policy 805 (2020) (symposium on “The Ethics of Democracy”).
• “Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent,” 47 Fordham Urban Law Journal 545 (2020) (Symposium on Knick v. Township of Scott) (with Shelley Ross Saxer). Reprinted in Patricia Salkin, ed., Zoning and Planning Law Handbook 2021 (Thomson Reuters,  2021).
• “Making Federalism Great Again: How the Trump Administration’s Attack on Sanctuary Cities Unintentionally Strengthened Judicial Protection for State Autonomy,” 97 Texas Law Review 1247 (2019) (Symposium on “Reclaiming – and Restoring – Constitutional Norms”).
• “Knick v. Township of Scott: Ending a Catch-22 that Barred Takings Cases from Federal Court,” 2018-19 Cato Supreme Court Review 153 (2019) (Symposium on the 2018-19 Supreme Court term). Reprinted in Patricia Salkin, ed., Zoning and Planning Law Handbook 2020 (Thomson Reuters, 2020).
• “Foot Voting vs. Ballot Box Voting: Why Voting with Your Feet is Crucial to Political Freedom,” 18 European Political Science 587 (2019) (Symposium on “Democracy: For and Against”).
• “Foot Voting, Decentralization, and Development,” 102 Minnesota Law Review 1649 (2018) (Symposium on “Decentralization and Development”).
• “Why Growing Government is a Bigger Political Menace than Growing Inequality,” 98 Boston University Law Review Online 21 (2018) (Symposium on Ganesh Sitaraman, The Crisis of the Middle-Class  Constitution).
• “Obama’s Constitutional Legacy,” 65 Drake Law Review 1039 (2017) (symposium on “President Obama’s Constitutional Law Legacy”).
• “Immigration, Freedom, and the Constitution,” 40 Harvard Journal of Law and Public Policy 1 (2017) (adapted from speech given at the 2016 Federalist Society Student National Convention).
• “Putting Kelo in Perspective,” 48 Connecticut Law Review 1551 (2016) (symposium on Kelo v. City of New London).
• “Federalism and the Roberts Court,” 46 Publius: The Journal of Federalism 441 (2016) (Symposium on Federalism Under Obama).
• “The Ongoing Debate over Political Ignorance: Reply to My Critics,” 27 Critical Review 380 (2015) (Symposium on my book Democracy and Political Ignorance: Why Smaller Government is Smarter).
• “The Mainstreaming of Libertarian Constitutionalism,” 77 Law and Contemporary Problems 43 (2014) (with David Bernstein).
• “Foot Voting, Federalism, and Political Freedom,” Nomos LV: Federalism and Subsidiarity (James Fleming and Jacob Levy, eds., 2014).
• “Why Political Ignorance Undermines the Wisdom of the Many,” 26 Critical Review 151 (2014) (symposium on Hélène Landemore, Democratic Reason: Politics, Collective Intelligence, and the Rule of the Many (2013)).
• “Jury Ignorance and Political Ignorance,” 55 William and Mary Law Review 1167 (2014) (Symposium on the Civil Jury as a Political Institution).
• “The Borkean Dilemma: Robert Bork and the Tension between Originalism and Democracy,” 80 University of Chicago Law Review Dialogue 243 (2013) (symposium on the work of Judge Robert Bork).
• “Systematically Biased Beliefs About Political Influence: Evidence from the Perceptions of Political Influence on Policy Outcomes Survey,” 46 PS: Political Science and Politics 760 (2013) (with Bryan Caplan, Eric Crampton, and Wayne Grove).
• “Two Steps Forward for the “Poor Relation” of Constitutional Law: Koontz, Arkansas Game & Fish, and the Future of the Takings Clause,” 2012-13 Cato Supreme Court Review 215 (2013) (symposium on the 2012-13 Supreme Court term).
• “Taking Dissenting By Deciding All the Way Down,” 48 Tulsa Law Review 523 (2013) (Symposium in honor of Prof. Heather K. Gerken).
• “Originalism and Political Ignorance,”  97 Minnesota Law Review 625 (2012).
• “A Mandate for Mandates: Is the Individual Health Care Mandate Case a Slippery Slope?” 75 Law and Contemporary Problems 75 (2012).
• “What if Kelo Had Gone the Other Way?” 45 Indiana Law Review 21 (2012) (Symposium on What-Ifs in Constitutional History).
• “Blight, Pretext, And Eminent Domain in New York,” 39 Fordham Urban Law Journal City Square 57 (2012).
• “Federalism and Property Rights,” 2011 University of Chicago Legal Forum 53 (2011) (Symposium on Governance and Power).
• “The Tea Party Movement and Popular Constitutionalism,” 105 Northwestern University Law Review Colloquy 300 (2011) (symposium on The Constitutional Politics of the Tea Party Movement).
• “Let There Be Blight: Blight Condemnations in New York after Goldstein and Kaur,” 38 Fordham Urban Law Journal 1193 (2011) (Symposium on Eminent Domain in New York).
• “The Judicial Reaction to Kelo,” 4 Albany Government Law Review 1 (2011) (Introduction to the Symposium on Eminent Domain in the United States).
• “Stop the Beach Renourishment and the Problem of Judicial Takings,” 6 Duke Journal of Constitutional Law and Public Policy 91 (2011) (Symposium on Judicial Takings).
• “Foot Voting, Political Ignorance, and Constitutional Design,” 28 Social Philosophy and Policy 202 (2011) (Symposium on “What Should Constitutions Do?”) (reprinted in What Should Constitutions Do? (Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds., Cambridge University Press, 2011)).
• “Deliberative Democracy and Political Ignorance,” 22 Critical Review 253 (2010) (symposium on deliberative democracy).
• “Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power,” 2009-10 Cato Supreme Court Review 239 (2010) (Symposium on the 2009-10 Supreme Court term).
• “Is Textualism Doomed?” 158 University of Pennsylvania Law Review PENNumbra 235 (2010).
• “Immigration and Political Freedom,” The Forum, (Fall 2010), at 38.
• “The Limits of Backlash: Assessing the Political Response to Kelo,” 93 Minnesota Law Review 2100 (2009).
• “Democracy and International Human Rights Law,” 84 Notre Dame Law Review 1739 (2009) (with John O. McGinnis).
• “Democracy, Political Ignorance, and Constitutional Reform,” 157 University of  Pennsylvania Law Review PENNumbra 239 (2009) (debate with Sanford M. Levinson).
• “Tiebout Goes Global: International Migration as a Tool for Voting With Your Feet,” 73 Missouri Law Review 1247 (2008) (Symposium on federalism and international law).
• “The Political Economy of Economic Development Takings,” 58 Case Western Reserve University Law Review 1185 (2008) (Symposium on “Corporations and their Communities”).
• “A Floor, Not a Ceiling: Federalism and Remedies for Violations of Constitutional Rights in Danforth v. Minnesota,”  102 Northwestern University Law Review Colloquy 365 (2008).
• “The Borkean Case Against Robert Bork’s Case for Censorship,” 31 Harvard Journal of Law and Public Policy 511 (2008) (symposium on the work of Judge Robert H. Bork).
• Is Post-Kelo Eminent Domain Reform Bad for the Poor? A Reply to David Dana, 101 Northwestern University Law Review 1931 (2007).
• “Why Robbing Peter Won’t Help Poor Paul: Low-Income Neighborhoods and Uncompensated Regulatory Takings,” 117 Yale Law Journal Pocket Part 71 (2007).
• “Can We Make the Constitution More Democratic?” 55 Drake Law Review 971(2007) (symposium on democracy and the constitution) (with Neal Devins).
• “Should International Law be Part of Our Law?” 59 Stanford Law Review 1175 (2007) (with John O. McGinnis) (analysis of the “democracy deficit“ of international law).
• “Controlling the Grasping Hand: Economic Development Takings after Kelo,” 15 Supreme Court Economic Review 183 (2007).
• “The Green Costs of Kelo: Economic Development Takings and Environmental Protection,” 84 Washington University Law Review 623 (2006) (with Jonathan H. Adler).
• “Knowledge About Ignorance: New Directions in the Study of Political Information,” 18 Critical Review 255 (2006).
• “A False Dawn for Federalism: Clear Statement Rules after Gonzales v. Raich,” 2005-2006 Cato Supreme Court Review 113 (2006) (symposium).
• “Gonzales v. Raich: Federalism as a Casualty of the War on Drugs,” 15 Cornell Journal of Law And Public Policy 507 (2006) (solicited for symposium on the War on Drugs).
• “Federalism vs. States’ Rights: The Case for Judicial Review in a Federal System,” 99 Northwestern University Law Review 89 (2004) (with John O. McGinnis).
• “Overcoming Poletown: County of Wayne v. Hathcock, Economic Development Takings, and the Future of Public Use,” 2004 Michigan State Law Review 1005 (2004) (solicited for symposium on County of Wayne v. Hathcock).
• “Democracy and Judicial Review Revisited,” 7 Green Bag 2d 287 (2004).
• “Political Ignorance and The Countermajoritarian Difficulty: A New Perspective on the ‘Central Obsession’ of Constitutional Theory,” 89 Iowa Law Review 1287 (2004).
• “Voter Knowledge and Constitutional Change: Assessing The New Deal Experience,” 45 William and Mary Law Review 595 (2003).
• “Closing the Pandora’s Box of Federalism: The Case for Judicial Restriction of Federal Subsidies to State Governments,” 90 Georgetown Law Journal 461 (2002).
• “Revitalizing Consent,” 23 Harvard Journal of Law and Public Policy 753 (2000).
• “Voter Ignorance and the Democratic Ideal,” 12 Critical Review 413 (1998).

      REVIEWS

• “Review of ‘The US Supreme Court and the Centralization of Federal Authority,’ by Michael Dichio,” 49 Publius: The Journal of Federalism 11 (2019) (review of Michael Dichio, The US Supreme Court and the Centralization of Federal Authority (2018)).
• “Review of ‘The US Supreme Court and the Domestic Force of International Human Rights Law,’ by Stephen Simon,” Law and Politics Book Review, September 2017 (review of Stephen Simon, The US Supreme Court and the Domestic Force of International Human Rights Law (2016)).
• “Review of ‘Democracy For Realists,’ by Christopher Achen and Larry Bartels,” History News Network, July 19, 2016 (review of Christopher Achen and Larry Bartels, Democracy for Realists: Why Elections do not Produce Responsive Government (2016)).
• “Book Review,” Federalist Society Review, (June 2016) (review of Randy E. Barnett, Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016)).
• “Review,” The Independent Review (Spring 2015) (review of Frank Buckley,  The Once and Future King: The Rise of Crown Government in America (2014)).
• “Turning Federalism Right-Side Up,” 82 Constitutional Commentary 303 (2012) (review of Michael Greve, The Upside-Down Constitution (2012)).
• “The Economics of Takings,” Regulation (Spring 2012), at 54 (review of Thomas Miceli, The Economic Theory of Eminent Domain: Private Property, Public Use (2011)).
• “Review,” 31 Cato Journal 162 (2011) (review of Alison LaCroix, The Ideological Origins of American Federalism (2010)).
• Democracy and Political Knowledge in Ancient Athens, 119 Ethics 585 (2009) (review of Josiah Ober, Democracy and Knowledge: Innovation and Learning in Classical Athens (2008)).
• “Lessons From the Rise of Legal Conservatism,” 32 Harvard Journal of Law and Public Policy 415 (2009) (review of Steven Teles, The Rise of the Conservative Legal Movement (2007)) (invited review).
• “‘Active Liberty’ and Judicial Power: What Should Courts do to Promote Democracy?,” 100 Northwestern University Law Review 1827 (2006) (review of Stephen E. Breyer, Active Liberty: Interpreting our Democratic Constitution (2005)).
• “Judicial Power and Civil Rights Reconsidered,” 114 Yale Law Journal 591 (2004) (review of Michael Klarman, From Jim Crow to Civil Rights (2004)) (with David E. Bernstein).
• “Wise Crowds? When the Many Know More than the Few,” Humane Studies Review, Sept. 2005 (review of James Surowiecki, Wise Crowds: When the Many are Smarter than the Few and How Collective Wisdom Shapes Business, Economics, Societies, and Nations (2004)).
• “Pragmatism and Democracy: Rejoinder to Richard Posner,” 16 Critical Review 473 (2004).
• “Richard Posner’s Democratic Pragmatism,” 16 Critical Review 1 (2004) (review of Richard A. Posner, Law, Pragmatism, and Democracy (2003)).
• Review, 23 Cato Journal 475 (2004) (review of Ian Shapiro, The State of Democratic Theory (2003)).
• “Do Politicians Pander?” 14 Critical Review 147 (2001) (review of Lawrence Jacobs and Robert Shapiro, Politicians Don’t Pander (2000)).
• “Resolving the Democratic Dilemma?” 16 Yale Journal on Regulation 401 (1999)  (review of Arthur Lupia and Matthew McCubbins, The Democratic Dilemma: Can Citizens Learn What they Need to Know? (1998)).
• “Book Review,” The European Legacy, Feb. 1998, at 129 (review of  Richard Sakwa, Russian Politics and Society (1997)).

      BOOK CHAPTERS

• “Top-Down and Bottom-Up Solutions to the Problem of Political Ignorance,” in The Epistemology of Democracy, (Hana Samaržija and Quassim Cassam, eds., Routledge, 2023).
• “Procedural Requirements for Administrative Limits to Property Rights in the United States of America,” in Procedural Requirements for Administrative Limits to Property Rights, (Martina Conticelli and Thomas Perroud, eds., Oxford University Press, 2022).
• “Rational Ignorance,” in Routledge International Handbook of Ignorance Studies, (Matthias Gross and Linsey J. McGoey, eds., Routledge,  rev. ed., 2022).
• “No More Fair-Weather Federalism,” in James Morone and Ryan Emenaker, Current Debates in American Government, (Oxford University Press, 3rd ed., 2022) (reprinted from National Review).
• “Is Political Ignorance Rational?” in Routledge Handbook of Political Epistemology (Michael Hannon and Jeroen de Ritter, eds., Routledge, 2021).
• “Trust and Political Ignorance,” in Trust: A Philosophical Approach, (Adriano Fabris, ed., Springer, 2020).
• “Foot-Voting Nation,” in Our National Narrative: The Search For a Unifying American Story, (Joshua Claybourn, ed., University of Nebraska Press/Potomac Books, 2019).
• “Rational Ignorance and Public Choice,” in Oxford Handbook of Public Choice, Vol. 2, (Roger Congleton, Bernard Grofman, and Stefan Voigt, eds., Oxford University Press, 2019).
• “Foot Voting and the Future of Liberty,” in Cambridge Handbook of Classical Liberal Thought, (M. Todd Henderson, ed., Cambridge University Press, 2018).
• “Freedom and Knowledge,” in Routledge Handbook of Libertarianism, (Jason Brennan, Bas van der Vossen, and David Schmidtz, eds., Routledge, 2017).
• “The Impact of Judicial Review on American Federalism: Promoting Centralization More than State Autonomy,” in Courts in Federal Countries: Federalists or Unitarists? (Nicholas Aroney and John Kincaid, eds.,University of Toronto Press, 2017).
• “Rational Ignorance,” in Routledge International Handbook of Ignorance Studies, (Matthias Gross and Linsey J. McGoey, eds., Routledge, 2015).
• “Foreword,” in Philip Booth, Federal Britain: The Case for Decentralisation, (London: Institute of Economic Affairs, 2015).
• “Political Ignorance in America,” in The State of the American Mind, (Mark Bauerlein and Adam Bellow, eds., Templeton Press, 2015).
• “Brain-Dead vs. Undead: Public Ignorance and the Political Economy of Responses to Vampires and Zombies,” in Economics of the Undead: Zombies, Vampires, and the Dismal Science (Glen Whitman and James Dow, eds., Rowman & Littlefield, 2014).
• “The Individual Mandate and the Proper Meaning of ‘Proper,’”  in The Health Care Case: The Supreme Court’s Decision and Its Implications (Nathaniel Persily, Gillian Metzger, and Trevor Morrison, eds., Oxford University Press, 2013).
• “Apathy,” in Encyclopedia of Political Thought (2013).
• “Blight,” in Encyclopedia of Housing, 2d ed. (Sage,  2012).
• “Nations Should Not Be Valued Merely for their Own Sake”, in Patriotism (Sylvia Engdahl, ed., Greenhaven Press, 2011).
• “Foot Voting, Political Ignorance, and Constitutional Design,” in What Should Constitutions Do? (Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds., Cambridge University Press, 2011).
• “Government Failure and Economic Development Takings,” in The Pursuit of Justice: Law and Economics of Legal Systems (Edward R. Lopez ed., Palgrave Macmillan, 2010).
• “The Limits of Backlash: Assessing the Political Response to Kelo,” in Property Rights: Eminent Domain and Regulatory Takings Re-Examined (Bruce L. Benson, ed., Palgrave Macmillan, 2010).
• “Federalism, Political Ignorance, and Voting With Your Feet,” in The Polyhedron of Libertarianism (Susumu Morimura, ed., Keisoshobo 2009) (in Japanese translation).
• “How Affirmative Action is Like Racial Profiling,” in Racial Profiling (David Erik Nelson, ed., Greenhaven Press, 2009).
• “Public Use,” in Encyclopedia of the Supreme Court of the United States (Macmillan 2008).
• “Yee v. Escondido,” in Encyclopedia of the Supreme Court of the United States (Macmillan 2008).
• “Public Interest,” in International Encyclopedia of the Social Sciences  (Macmillan, 2d ed. 2007).
• “Peonage Cases,” in Encyclopedia of Race and Racism (Macmillan, 2007).
• “Political Ignorance,” in Readings in American Government (Steffen W. Schmidt, et al., eds., Cengage, 5th ed. 2006).

      POPULAR MEDIA

                   BLOGGING

2006-present      Contributor, Volokh Conspiracy law and politics blog. Affiliated with Reason magazine; affiliated with the Washington Post, 2014-17.

2011-present        Contributing Editor for Constitutional Law, JOTWELL website.

2004-present      Occasional guest-blogging at various law and politics sites, including the American      Constitution Society blog, Balkinization, and others.

              ARTICLES AND OP EDS

• “Section 3 Disqualifications for Democracy Preservation,” Lawfare, Sept. 6, 2023.
• “Courts Should Uphold Valuable Immigration Policy,” The Hill, Sept. 2, 2023.
• “Drastic Liberal Schemes to Undermine the US Supreme Court Will Enable an Authoritarian Presidency,” The UnPopulist, Aug. 18, 2023.
• “‘Diversity’ House of Cards Collapses,” Washington Examiner, July 7, 2023 (article on the Supreme Court’s affirmative action decisions).
• “Why the Supreme Court Got it Right on Student Loans,” CNN, June 30, 2023.
• “Supreme Court Strengthens Federal Protections for Property Rights,” State Court Report, Brennan Center for Justice, May 30, 2023.
• “Three Constitutional Issues Libertarians Should Make their Own,” Cato Policy Report, March-April 2023.
• “US Needs to Protect Ukrainian Refugees in the United States,” Boston Globe, April 21, 2023.
• “Abortion and Foot Voting in Post-Dobbs America: Prospects for Change,” Australian Outlook, Mar. 30, 2023  (Part II) (Australian Institute for International Affairs).
• “Abortion and Foot Voting in a Post-Dobbs America,” Australian Outlook, Mar. 23, 2023  (Part I) (Australian Institute for International Affairs).
• “Don’t Let the Executive Abuse Emergency Powers to Raid the Treasury,” SCOTUSblog, Feb. 21, 2023 (symposium on the loan-forgiveness cases before the Supreme Court).
• “We Sponsored Refugees Under a New Biden Program. The Results Were Astonishing,” Washington Post, Jan. 3, 2023 (article on the Uniting for Ukraine private refugee sponsorship program).
• “Reining in the Presidency Requires Limiting the Scope of Federal Power,” Notice and Comment, Yale Journal on Regulation, Nov. 9, 2022.
• “Arlington’s ‘Missing Middle’ Fight and the Struggle for Affordable Housing,” The Hill, Oct. 25, 2022.
• “Americans Should be Able to Sponsor Refugees Who can Stay Permanently,” Washington Post, July 18, 2022 (with Sabine El-Chidiac).
• “The Carson v. Makin Decision Won’t Increase Religious Strife. It Will Reduce it,” Deseret News, June 26, 2022.
• “Why the Supreme Court Got it Right in Maine Voucher Case,” NBC, June 21, 2022.
• “Would Overruling Roe v. Wade Imperil Other Constitutional Rights Rulings?,” Politico, May, 4, 2022 (symposium on “Alito’s Roe Draft, Beyond Abortion”).
• “‘Gun-at-Work’ Laws Violate the Property Rights of Business Owners,” Washington Post, Apr. 25, 2022.
• “By Accepting Ukrainian and Russian Refugees, Canada Can do Good and do Well,” Globe and Mail, Apr. 12, 2022 (with Sabine El-Chidiac).
• “Republicans Voted Against Jackson for Inane Reasons – and a Reasonable One,” NBC, Apr. 7, 2022.
• “Gun Rights, Property Rights, and Takings,” Duke Center for Firearms Law, Apr. 5, 2022 (symposium on “Privatizing the Gun Debate”).
• “Does the Threat of Terrorism Justify Migration Restrictions?” Verfassungsblog, Mar. 30, 2022.
• “How the Us Can Help Refugees (and Weaken Vladimir Putin),” New York Times, Mar. 8, 2022.
• “Court Should Reject the Flawed Diversity Theory,” Boston Globe, Feb. 7, 2022.
• “The Case Against Covid-19 Pandemic Migration Restrictions,” Cato Institute, Feb. 1, 2022.
• “Supreme Court Affirmative Action Cases Challenging Harvard, UNC Policies are Overdue,” NBC, Jan. 24, 2022.
• “Supreme Court Vaccine Mandate Hearing Exposes Biden Administration Overreach,” NBC, Jan. 7, 2022.
• “Justices’ Texas Abortion Ruling Is Murky On Key Question,” Law 360, Jan. 7, 2022.
• “The Case for Empowering Americans to Vote With their Feet,” The Week, Dec. 27, 2021.
• “Here’s Why We Should End Pandemic Migration Restrictions,” The Hill, Oct. 29, 2021.
• “Voting With Our Feet,” National Affairs, Fall 2021.
• “America Should Offer Refuge to Victims of Forced Slavery Instead of Weaponizing their Pain,” USA Today, Aug. 8, 2021.
• “How to Counter Possible Political Dangers of Immigration Without Barring Migrants,” Cato Unbound, July 16, 2021 (Symposium on “Immigration and Institutions”).
• “Government Must Pay Owners More than ‘Fair Market Value’ When Seizing Property,” Washington Times, July 5, 2021 (part II of two-part series).
• “Supreme Court’s Cedar Point Property Rights Decision Protects Both Sides,” The Hill, June 23, 2021.
• “Government’s Power to Seize Private Property Must be Reined in,” Washington Times, June 22, 2021 (Part I of two-part series).
• “The Latest ACA Challenge was so Feeble Even Conservative Justices Shot it Down,” Washington Post, June 17, 2021.
• “Writing an Academic Book,” Institute for Humane Studies, May 10, 2021 (5 part series).
• “Both the Left and the Right Discriminate Against Asian Americans,” The Hill, Apr. 6, 2021.
• “How to Curb Executive Power to Exclude Immigrants,” Notice and Comment, Yale Journal on Regulation, Mar. 31, 2021 (symposium on Adam Cox and Cristina Rodriguez, The President and Immigration Law).
• “A California Tree Nursery’s Supreme Court Fight has Far-reaching Implications for Property Owners,” The Hill, Mar. 24, 2021.
• “Our Airstrikes in Syria May be Legal. That Doesn’t Mean Our Mission there is,” Washington Post, Mar. 8, 2021.
• “Trump’s First Amendment Rights Don’t Matter for His Impeachment Trial,” Washington Post, Feb. 8, 2021.
• “Biden’s Pro-Immigration Agenda is More Expansive than Obama’s, but it has Drawbacks,” USA Today, Feb. 3, 2021.
• “Sen. Josh Hawley isn’t a Censorship Victim, He’s a Free Speech Menace,” USA Today, Jan. 19, 2021.
• “Constitution Drafting Project Highlights Areas of Potential Consensus on Constitutional Reform,” National Constitution Center, Jan. 14, 2021.
• “How Immigration Restrictions Harm U.S. Citizens, Too,” Regulatory Review, Dec. 15, 2020.
• “Immigration Restrictions and Racial Discrimination Share Similar Roots,” The Hill, Nov. 24, 2020.
• “Vote With Your Feet: Foot Voting and Political Freedom,” Jurist, Nov. 7, 2020.
• “Why Every Person, Regardless of Citizenship, Counts for Apportioning House Seats,” Los Angeles Times, Oct. 23, 2020.
• “Justice Ginsburg’s Death Adds to Nation’s Political Polarization,” Inside Sources, Sept. 25, 2020.
• “Remove the Natural Born Citizen Clause From the Constitution. Let Immigrants be President,” USA Today, Sept. 18, 2020 (with Randall Kennedy).
• “Why Digital Exit Rights are not Enough: The Case for Expanding Foot Voting in Real Space,” Cato Unbound, August 2020 (Symposium on the 50th anniversary of Albert Hirschman’s Exit, Voice, and Loyalty).
• “Going Mobile,” Discourse (Mercatus Center), July 28, 2020 (article based on Free to Move: Foot Voting, Migration, and Political Freedom).
• “A Better Way to Limit Congress’ Subpoena Power,” SCOTUSblog, July 9, 2020 (Symposium on Trump v. Mazars and Trump v. Vance).
• “The Danger of America’s Coronavirus Immigration Bans,” The Atlantic, June 28, 2020.
• “How to Limit a President’s Power Over Immigration,” Forbes, June 8, 2020 (interview with Stuart Anderson).
• “Coronavirus: Power Resides With the States to Institute Lockdowns or Not,” USA Today, Apr. 20, 2020.
• “America’s Weak Property Rights are Harming Those Most in Need,” The Atlantic, Mar. 24, 2020.
• “Impeachment and Constitutional Crisis,” Vox, Oct. 9, 2019 (symposium on impeachment and constitutional crisis).
• “Immigration Law Defies the American Constitution,” The Atlantic, Oct. 3, 2019.
• “How Liberals Learned to Love Federalism,” Washington Post, July 12, 2019.
• “Can a Sitting Present Be Prosecuted for a Crime?” Vox, May 29, 2019 (Symposium on prosecution of sitting presidents).
• “What is a Constitutional Crisis?” Vox, May 16, 2019 (Symposium on constitutional crises).
• “University Presses Shouldn’t Have to Make a Profit,” The Atlantic, May 11, 2019.
• “Does the Mueller Report Exonerate Trump?,” Vox, Apr. 18, 2019 (Symposium on the Mueller Report).
• “Can Congress Force Trump to Turn Over His Tax Returns?” Vox, Apr. 9, 2019 (symposium on Congress’ demand to see Trump’s tax returns).
• “Can Trump Use Emergency Powers to Build His Border Wall?” Vox, Feb. 15, 2019 (symposium on emergency powers and the border wall).
• “Trump Can Call a ‘National Emergency,’ but that Doesn’t Mean he Can Build the Wall,” USA Today, Jan. 21, 2019.
• “To Build the Wall, Trump Might Make Thousands of Americans Suffer,” Washington Post, Jan. 19, 2019.
• “Using Emergency Powers to Seize Property and Build the Wall Would Set a Horrible Precedent,” New York Daily News, Jan. 9, 2019.
• “Kavanaugh’s Confirmation May Come at a High Price,” Politico, Oct. 6, 2018 (Symposium on “Is Brett Kavanaugh Damaged Goods?”).
• “The Justices Can Undo a Constitutional Catch-22,” Wall Street Journal, Oct. 2, 2018.
• “With a Lifetime Appoint to the Supreme Court at Stake, it is Important to Make Every Effort to Get things Right,” Politico, Sept. 28, 2018 (Symposium on the Kavanaugh nomination sexual assault hearing).
• “The Judiciary Committee Should Investigate,” Politico, Sept. 17, 2018 (symposium on “What Should the Senate Do With Brett Kavanaugh”).
• “Does the Constitution Give the Federal Government Power Over Immigration?” Cato Unbound, September 2018 (lead essay).
• “The Risks of the Unitary Executive,” Washington Post, Aug. 31, 2018 (symposium on the jurisprudence of Judge Brett Kavanaugh).
• “As Normal as it Gets,” Politico, July 10, 2018 (symposium on the nomination of Judge Brett Kavanaugh to the Supreme Court).
• “Federalism Comes Out as the Winner in Murphy v. NCAA,” Regulatory Review (University of Pennsylvania), July 10, 2018.
• “Judge Don Willett Would Stand Up Against Trump’s Administration,” USA Today, June 28, 2018 (Symposium on who should be picked for Supreme Court from Donald Trump’s list).
• “Justice Kennedy’s Legacy,” Politico, June 27, 2018 (Symposium on Justice Kennedy’s Legacy).
• “The Supreme Court’s Indefensible Double Standard in the Travel-Ban Case and Masterpiece Cakeshop,” Vox, June 27, 2018.
• “Donald Trump’s ‘Travel Ban’ is Still a ‘Muslim Ban’ No Matter What the Supreme Court Ruled,” USA Today, June 26, 2018.
• “What Supreme Court Victory for Sports Gambling Means for Marijuana, Sanctuary Cities,” USA Today, May 15, 2018.
• “The Bill of Rights is the Best Defense Against a Travel Ban,” The Hill, Apr. 24, 2018 (with Michael Mannheimer).
• “Fight Over Sanctuary Cities is also a Fight Over Federalism,” The Hill, Apr. 7, 2018.
• “Jeff Sessions’ Lawsuit Against California’s Sanctuary Law,” Vox, Mar. 8, 2018 (Symposium on United States v. California).
• “On Immigration, Trump is no Deregulator,” Regulatory Review (University of Pennsylvania), Jan. 25, 2018 (Symposium on “Regulation in the Trump Administration’s First Year”).
• “Uncapturing the Economy Requires Limiting Government,” Cato Unbound, Jan. 12, 2018 (symposium on Brink Lindsey and Steve Teles, The Captured Economy).
• “The Politics of ‘The Last Jedi’,” Learn Liberty, Dec. 20, 2017.
• “Mortgage Interest Deduction Mostly Benefits the Rich – End it,” The Hill, Nov. 6, 2017.
• “Legal Challenges to Trump’s Reversal of DACA,” Vox, Sept. 8, 2017 (symposium on efforts to preserve DACA through litigation).
• “Breaking the Wheel of Westeros: Why Heroes aren’t Enough,” Learn Liberty, Aug. 25, 2017.
• “A Cosmopolitan Case Against World Government,” World Orders Forum, World Government Research Network, Aug. 18, 2017.
• “No More Fair Weather Federalism,” National Review, Aug. 18, 2017.
• “Thursday’s Testimony was Dramatic Theater Showing Trump’s Disregard for Norms,” Politico, June 8, 2017 (symposium on former FBI Director James Comey’s testimony on Trump and Russia, before the Senate).
• “Trump’s Parental  Plan Will Hurt,” USA Today, May 23, 2017.
• “The Real Cause for Concern is Not so Much Comey’s Departure as his Potential Successor,” Politico, May 10, 2017 (symposium on constitutional implications of the firing of FBI Director James Comey).
• “How Federalism Can Help Minorities and the Poor,” Spotlight on Poverty and Opportunity, May 10, 2017.
• “The Constitutional Rights of Noncitizens,” Learn Liberty, Apr. 30, 2017.
• “A Threat to Americans,” US News and World Report, Apr. 21, 2017 (column on how immigration restrictions harm American citizens).
• “Immigration Restrictions Hurt Americans, Too,” Austin American-Statesman, April 13, 2017.
• “Up for Debate,” Politico, Feb. 1, 2017 (Symposium on Supreme Court Nomination of Judge Neil Gorsuch).
• “SCOTUS Pick has Some Troubling Views on Federalism, Judicial Review,” New York Daily News, Jan. 31, 2017.
• “Rogue One and the Politics of Star Wars,” Learn Liberty, Dec. 28, 2016.
• “This Election Could be a Turning Point for Marijuana Legalization,” Chicago Tribune, Nov. 7, 2016 (reprinted from the Volokh Conspiracy blog, Washington Post website).
• “Moving Vans More Powerful than Ballot Boxes,” USA Today, Oct. 18, 2016.
• “Putting the ‘General’ Back in the General Welfare Clause,”The Interactive Constitution, National Constitution Center, September 2016.
• “The Spending Clause,” The Interactive Constitution, National Constitution Center, September 2016 (with Samuel R. Bagenstos).
• “Seven Fantasy/SF Epics that Can Inform You About the Real-World Political Scene,” Learn Liberty, July 29, 2016.
• “Star Trek is Far From Libertarian – Here’s Why,” Learn Liberty, July 22, 2016.
• “The Horrifying Ways Plain Old Ignorance Bolsters Racism,” History News Network, July 5, 2016.
• “Sometimes, Boycotting is the Right Thing,” Insights on Law and Society, Spring 2016 (American Bar Association).
• “Political Ignorance Haunts 2016 Campaign,” CNN.com, May 12, 2016.
• “Voting and Political Ignorance,” Exame, May 2016 (Brazil) (translated into Portuguese).
• “Yes, Obama’s Executive Action Deferring Deportation for Millions of Immigrants is Constitutional,” Reason, Apr. 19, 2016.
• “Serious Constitutional Issues May be Sacrificed for Political Sport,” New York Times Room for Debate Forum, Feb. 15, 2016.
• “How Antonin Scalia Changed America,” Politico, Feb. 14, 2016 (symposium on Justice Scalia and his legacy).
• “Days May be Numbered for Male-Only Draft Registration,” Los Angeles Daily Journal, Dec. 9, 2015.
• “Markets with Just a Few Limits,” Cato Unbound, Nov. 17, 2015 (symposium on Jason Brennan and Peter Jaworski, Markets without Limits: Moral Virtues and Commercial Interests).
• “Trump Exploits Rational Political Ignorance,” USA Today, Oct. 4, 2015.
• “It’s Time to End the Poor Relation Status of Property Rights,” Washington Times, July 29, 2015.
• “Should the Government be able to Take Your House Away and Give it to a Private Developer?“ History News Network, July 19, 2015.
• “The Supreme Court is a Check on Big Government, Protection for Minorities,” New York Times Room for Debate Forum, July 6, 2015.
• “The Challenge of Political Ignorance: Why Voters are Ignorant and Why it Matters,” Understanding Society, July 2015.
• “Lessons from a Little Pink House, 10 Years Later,” Wall Street Journal, June 21, 2015.
• “How Constitutional Originalism Promotes Liberty,” Liberty Law Forum, June 1, 2015.
• “How Eminent Domain Abuse Harms the Poor,” Spotlight on Poverty and Opportunity, May 26, 2015.
• “Gender, the Gay Marriage Fight’s Missing Piece,” USA Today, Apr. 19, 2015 (with Andrew Koppelman).
• “Creeping Libertarian Constitutionalism at US High Court,” Los Angeles/San Francisco Daily Journal, Mar. 10, 2015.
• “Why Obama’s Immigration Policy is Constitutional,” Reason, Dec. 16, 2014.
• “What No One Talks About During Election Season: Voter Ignorance,” Forbes, Nov. 3, 2014.
• “The Founding Fathers and Political Ignorance,” History News Network, June 10, 2014.
• “What Happens When You Mix Ignorance and Politics?” History News Network, May 11, 2014.
• “Maryland Folds on Eminent Domain Threat,”  Los Angeles Daily Journal/San Francisco Daily Journal, Apr. 7, 2014.
• “The Problem of Political Ignorance,”  University of Pennsylvania Regblog, Feb. 3, 2014.
• “Democracy and Political Ignorance,” Cato Unbound, October 2013 (Lead Essay).
• “Smaller is Smarter When Political Ignorance Abounds,” Los Angeles Daily Journal/San Francisco Daily Journal, Oct. 4, 2013.
• “The ‘Low Information Voter’ Knows Very Little About Why Government is Shutting Down,” Forbes, Oct. 1, 2013.
• “Richmond, Calif., Runs Amok With Eminent Domain,” USA Today, Aug. 12, 2013.
• “Supreme Court Shutouts Reveal Reckless Decisions,” USA Today, July 23, 2013.
• “Obamacare’s Constitutional Puzzle: Still Missing the Pieces,”  Liberty Law Blog, Mar. 11, 2013 (review of Einer Elhauge, Obamacare on Trial (2012)).
• “Yes, the Court is Still Less Partisan,” Zocalo Public Square, Jan. 15, 2013 (forum on the Supreme Court and partisanship).
• “Assessing the Health Care Decision,” Harvard Health Policy Review, Fall 2012.
• “Remembering Judge Bork,” National Review Online, Dec. 19, 2012 (symposium on the passing of Judge Robert Bork).
• “A Taxing, But Potentially Hopeful Decision,” SCOTUSblog, June 28, 2012.
• “An Unpersuasive Majority Ruling on Obamacare,” New York Daily News, June 28, 2012.
• “The Justices and the Individual Mandate,” University of Pennsylvania Regblog, Mar. 30, 2012.
• “Why the Health Care Reform Law is Unconstitutional,” CNN, Mar. 26, 2012.
• “Rein in Federal Power,” New York Times Room for Debate Forum, Mar. 25, 2012.
• “Bond, Federalism, and Freedom,” Liberty Law Blog, Dec. 28, 2011.
• “Referendum Initiatives Prevent Eminent Domain Abuse,” Daily Caller, Nov. 9, 2011.
• “A Right to Economic Liberty,” New York Times Room for Debate Forum, Sept. 25, 2011.
• “11th Circuit Rejects Unlimited Power to Impose Federal Mandates,” University of Pennsylvania Regblog, Aug. 18, 2011.
• “Libertarianism and Science Fiction,: 29 Prometheus 1 (2011).
• “Insurance Mandate Has Fatal Flaws,” Newsday, Aug. 16, 2011.
• “Will the Supreme Court Give Congress an Unlimited Mandate for Mandates?,” SCOTUSBlog, Aug. 10, 2011.
• “Why Repealing the 17th Amendment Won’t Curb Federal Power,” Engage, August 2011.
• “Regulating Inactivity: A Radical Constitutional Departure,” The Jurist, July 1, 2011.
• “Why the Individual Health Care Mandate is Unconstitutional,” The Jurist, May 4, 2011.
• “We Do Declare,” National Review Online, Mar. 24, 2011 (Symposium on the Constitutionality of the Libya Intervention).
• “The Problem with Broad Definitions,” New York Times Room for Debate Forum, Dec. 14, 2010 (forum on individual mandate health care litigation).
• “Creation, Consent, and Government Power Over Property Rights,” Cato Unbound, Dec. 13, 2010 (forum on “Property Rights in Social Democracy”).
• “Mandate Challenge Could Prevail,” Richmond Times-Dispatch, Nov. 7, 2010.
• “Two Cheers for Federal Court’s Virginia Health Care Suit Decision,” Washington Examiner, Aug. 6, 2010.
• “Don’t Dismiss Elena Kagan,” Forbes, May 11, 2010.
• “Social Sanctions do Work,” New York Times Room for Debate Forum, Apr. 12, 2010 (forum on “Why do Educated People Use Bad Words?”).
• “An Inconvenient Truth: Political Ignorance is Widespread Among Voters in Both Parties,” Forbes, Feb. 12, 2010.
• “Stronger Protections Needed,” New York Times Room for Debate Forum, Nov. 12, 2009 (forum on Kelo v. City of New London and protections for property rights).
• “Forfeiture Laws, the War on Drugs, and Alvarez v. Smith,” Findlaw, Oct. 14, 2009.
• “Eroding Constitutional Limits on Government Takings,” Detroit Free Press, July 16, 2009.
• “A Big Step Forward for Property Rights,” New York Times Room for Debate Forum, July 15, 2009 (forum on Supreme Court confirmation hearings for Justice Sonia Sotomayor).
• “Sotomayor’s Property-Rights Red Flag,” Orange County Register, July 11, 2009.
• “Obama, Sotomayor, and Empathy,” Los Angeles Times “Dust Up,” May 27-29, 2009 (debate with Erwin Chemerinsky).
• :The War on Terror and Civil Liberties,” Vanguardia, October 2008 (translated into Spanish) (symposium on “The United States after Bush”).
• “Locked Liberties: New DC Gun Law Shows that the Battle over Gun Rights is Far from Over,” Legal Times, July 28, 2008.
• “Don’t Count on Prop. 99: The Purported Anti-Condemnation Measure Would Actually Block Meaningful Eminent Domain Reform,” Los Angeles Times, May 19, 2008, at A15.
• “Shared Roots of Property, Civil Rights: Constitutional Issue Looms Large for Minorities in South,” Orlando Sentinel, Apr. 28, 2008 (with David  Beito).
• “Battle Over Eminent Domain is Another Civil Rights Issue,” Kansas City Star, Apr. 27, 2008 (with David Beito).
• “Kelo, MIA: Where is the Property Rights Campaign Debate?,” National Review Online, Apr. 2, 2008.
• “Uncle Sam Wants You, Gramps: Why National Service Proponents Never Talk About Drafting the Old,” Wall Street Journal Opinionjournal, Sept. 26, 2007.
• “Mamas Don’t Let Your Babies Grow up to be  Federation  Tax Collectors: Federalism and Socialism in Star Trek,” National Review Online, Sept. 28, 2007.
• “Put Out to Pasture: The Supreme Court Again Fails to Give Property Rights the Respect they Deserve,” Legal Times, July 30, 2007.
• “The Limits of Anti-Kelo Legislation,” Reason, August/September 2007.
• “Be Careful What You Wish For: The Revived Equal Rights Amendment May Surprise Its Supporters,” Legal Times, June 4, 2007.
• “Post-Kelo America: Assessing the Progress of Eminent Domain Reform,”  Reason Online, Apr. 20, 2007.
• “A Pretextual Taking,” National Law Journal, Jan. 8, 2007 (with Richard A. Epstein).
• “The Politics of Ignorance: Election Day Reflections,” The Jurist, Nov. 7, 2006.
• “Blight Sweet Blight,” Legal Times, Aug. 14, 2006  (criticizing condemnation of “blighted” property).
• “The Final Prejudice,” Legal Times, Apr. 17, 2006 (analyzing discrimination against atheists).
• “Alito’s Libertarian Streak,“ American Spectator, Nov. 10, 2005.
• “Peace Through Federalism,“ Al Sabah (Baghdad, Iraq), October 2005 (published in Arabic translation).
• “Rehnquist’s Federalist Legacy,“ FOXNEWS.COM, Sept. 9, 2005.
• “Should Courts Limit the Use of Eminent Domain for Private Economic Development?,” Congressional Quarterly Researcher, Mar. 4, 2005.
• “In Politics Ignorance is not Bliss,” Newark Star Ledger, Oct. 10, 2004.
• Are American Voters Stupid? Maybe Not, South China Morning Post, Sept. 27, 2004.
• Political Ignorance is No Bliss, FOXNEWS.COM, Sept. 22, 2004.
• Poletown Decision did not Create Desired Benefits; New Ruling Protects Weak from Government Abuses, Detroit News, Aug. 8, 2004, at 13.
• “Michigan Should Alter Property Grab Rules,” Detroit News, Jan. 8, 2004.
• “The Timing Game Justices Play,” Los Angeles Times, Jan. 13, 2003 (with Steven G. Calabresi).
• “Riddles, Mysteries and Enigmas: Unanswered Questions about the End of the Cold War,”  Policy Review, Fall 1994, at 80.

      MONOGRAPHS

• “Team Libertarian Report,” Restoring the Guardrails of Democracy, National Constitution Center, July 2022. (coauthored with Clark Neily and Walter Olson).
• “Libertarianism and Federalism,” Cato Institute Policy Analysis No. 751, June 30, 2014.
• “Robin Hood in Reverse: The Case Against Taking Private Property for Economic Development,” Cato Institute Policy Analysis No. 535, Feb. 21, 2005.
• “When Ignorance Isn’t Bliss: How Political Ignorance Threatens Democracy,” Cato Institute Policy Analysis No. 525, Sept. 22, 2004.

     TESTIMONY BEFORE GOVERNMENT BODIES

• Testimony on Civil Asset Forfeiture, Arkansas Advisory Committee, United States Commission on Civil Rights, March 25, 2019.
• Testimony on the Moral and Constitutional Case Against Mandatory National Service, National Commission on Military, National, and Public Service, Oct. 18, 2018.
• Testimony on the Use of Drones for Targeted Killing in the War on Terror, United States Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights, April 23, 2013.
• Testimony on the Civil Rights Implications of Eminent Domain Abuse, United States Commission on Civil Rights, August 12, 2011.
• Testimony on Property Rights, United States Senate Committee on the Judiciary, Confirmation Hearings for Judge Sonia Sotomayor, July 16, 2009.
• Supplemental Testimony on Property Rights, United States Senate Committee on the Judiciary, Confirmation Hearings for Judge Sonia Sotomayor, July 19, 2009.
• Testimony on Eminent Domain Reform, Washington State Attorney General’s Eminent Domain Task Force, June 12, 2009.