To celebrate the day the Constitution of the United States officially became the law of the land–i.e., June 21, 1788, the day on which our nation’s charter was ratified by the requisite number of States–, below is a chronological listing of my constitutional law papers:
- “Comment on Bush v. Gore and the Clemens-Piazza broken-bat incident” (2001) (analysis of Bush v. Gore).
- “The most senile Justice?” (2007) (stinging critique of David Garrow’s law review article on mental decrepitude on the U.S. Supreme Court).
- “A stag-hunt model of the U.S. Constitution” (2008) (game-theoretic model of the constitutional ratification process).
- “Coase and the Constitution” (2011) (analysis of federalism).
- “Gödel’s loophole” (2013) (analysis of Article V).
- “Why don’t juries try ‘range voting’?” (2015) (analysis of jury trials).
- “The problem with precedent” (2017) (review of Randy Kozel’s Settled Versus Right: A Theory of Precedent).
- “Domestic constitutional violence” (2018) (historical analysis of the president’s authority to use military force inside the United States).
- “Bitcoin, the commerce clause, and Bayesian stare decisis” (2019) (analysis of South Dakota v. Wayfair).
- “Lockdowns as takings” (work-in-progress) (analysis of the takings clause).
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