This is just a partial listing of my research projects and is presented as follows: (1) works in progress, (2) books and book chapters, (3) papers about Bayes, (4) papers about Coase, (5) papers about constitutional law, (6) research papers posted on arXiv, (7) research papers posted on SSRN, (8) reviews, and (9) shorter works. (Updated: December of 2020.)
WORKS IN PROGRESS
- Adam Smith in Love (under review, Econ Journal Watch)
- Breaking Bad Promises (in progress)
- Teaching Tiger King (forthcoming, St Louis University Law Journal)
BOOKS AND BOOK CHAPTERS
- Business Law & Strategy, with Sean Melvin and David Orozco (McGraw Hill, 1st ed., in press).
- Buy or Bite?, in Glen Whitman & James Dow, editors, Economics of the Undead (Rowman & Littlefield, 2014), pp. 123-129. (This book is available here; my chapter “Buy or Bite” was featured on Freakonomics Radio.)
- El ajedrez in Blade Runner: lecciones de la Partida Inmortal, in Daniel Nina, editor, Blade Runner: memoria, vigilancia y el sujeto desechable, Ediciones Callejón (2008), pp. 105-130. (This book is available here.)
PAPERS ABOUT BAYES’ THEOREM AND “BAYESIAN VOTING”
- The Case for Bayesian Judges, The Journal of Legal Metrics, Vol. 6, No. 1 (2019), pp. 13-20 (lead article).
- Why Don’t Juries Try Range Voting?, Criminal Law Bulletin, Vol. 51, No. 3 (2016), pp. 68-692.
- Visualizing Probabilistic Proof, Washington University Jurisprudence Review, Vol. 7, No. 1 (2014), pp. 39-75.
- The Turing Test and the Legal Process, The Journal of Information & Communications Technology Law, Vol. 21, No. 2 (June 2012), pp. 113-126 (lead article).
- A Bayesian Model of the Litigation Game, The European Journal of Legal Studies, Vol. 4, No. 2 (Autumn/Winter 2011/2012), pp. 220-240.
PAPERS ABOUT THE COASE THEOREM
- Of Coase and Copyrights: The Law and Economics of Literary Fan Art, The NYU Journal of Intellectual Property (in press)
- Does the Prisoners Dilemma Refute the Coase Theorem?, The UIC John Marshall Law Review, Vol 47, No. 4 (Summer 2014), pp. 1289-1318 (symposium paper).
- Trolley Problems, Drake Law Review, Vol. 63 (2014), pp. 101-119.
- Modelling the Coase Theorem, The European Journal of Legal Studies , Vol. 5, No. 2 (Autumn/Winter 2012/2013), pp. 139-157.
- Clones and the Coase Theorem, The Journal of Law & Social Deviance, Vol. 2 (2011), pp. 43-91.
- Coase’s Paradigm, Indian Journal of Law & Economics, Vol. 1, No. 2 (2010), pp. 1-32 (lead article).
PAPERS ABOUT CONSTITUTIONAL LAW, HISTORY, AND THEORY
- Domestic Constitutional Violence, The UA Little Rock Law Review, Vol. 41 (2019), pp. 211-232 (symposium paper).
- Bitcoin, the Commerce Clause, and Bayesian Stare Decisis, The Chapman Law Review, Vol. 22, No. 1 (2019), pp. 143-160 (symposium paper).
- Gödel’s Loophole, Capital University Law Review, Vol. 43, No. 3 (Summer 2013), pp. 637-673 (over 5,700 downloads; featured on Hacker News and Gizmodo).
PAPERS POSTED ON “ArXiv”
- Ramsey’s Contributions to Probability (2020), arXiv:2003.13518
- The Poker-Litigation Game (2015), arXiv:1509.01214
PAPERS POSTED ON SSRN
- See my SSRN homepage here.
REVIEWS
- Frank Ramsey’s Contributions to Probability Theory and Legal Theory, review of Cheryl Misak’s 2020 biography of Frank Ramsey (forthcoming).
- Cowen’s Capitalist Manifesto, review of Tyler Cowen 2019 love letter to big business (forthcoming; featured on Marginal Revolution).
- The Problem with Precedent, review of Randy J. Kozel, “Settled Versus Right: A Theory of Precedent” (Cambridge U Press, 2017), published in The Vienna Journal on International Constitutional Law, Vol. 12, No. 4 (2018), pp. 497-504.
- Exit, Voice, and Boilerplate, review Nathan B. Oman, “The Dignity of Commerce: Markets and Moral Foundations of Contract Law” (University of Chicago Press, 2017), published in The New Rambler (July 17, 2017).
- The Evolutionary Path of the Law, review of Ullica Segerstråle, “Nature’s Oracle: The Life and Work of W. D. Hamilton” (Oxford U Press, 2013), published in The Indonesian Journal of International & Comparative Law, Vol. 1, No. 3 (July 2014), pp. 878-890.
- A Beautiful Life: Some Lessons for Legal Scholars, review of Jeremy Adelman, “Worldly Philosopher: The Odyssey of Albert O. Hirschman” (Princeton U Press, 2013), published in The Mississippi College Law Review, Vol. 32, No. 3 (2014), pp. 495-501.
SHORTER WORKS
- Kant on Evidence: A Hypothetical Reply to Kerr, The Green Bag (in press).
- Research Fraud as Tort, Science, Vol. 349, No. 6255 (September 25, 2015), pp. 1459-1460.
- Time-Travel Thought Experiment, Science, Vol. 341, No. 6141 (July 5, 2013), pp. 28-29.
- Is Stare Decisis a Sand Castle?, Arizona State Law Journal (October 1, 2012).
- Public Trust Doctrine: Too Broad?, Science, Vol. 326, No. 5949 (October 2, 2009), pp. 45-46.

Image Credit: Giovanni Parmigiani.
Enrique will post more of his papers in the coming weeks …
Hi Enrique
When you crowdfund the Litigation Game boardgame, let me know. I’d fund that. 🙂
Thanks for subscribing to The Research Whisperer.
Jonathan
Hello Professor
I was drawn to your work The Parable of the Prisoners because of my interest in cooperation among litigating parties. Your piece was insightful and worthy of praise for its historical context, and despite some complexities in the subject matter, you were able to provide an easy to understand format to grasp the far-reaching tentacles of the “Parable of the Prisoners” model.
I’m looking forward to reading more of your upcoming posts.
Eva
Thanks Eva! I see civil and criminal litigation as a “war of attrition” or “mixed-motive game” (to borrow Thomas Schelling’s term) in which, although the economic interests of the opposing parties are in conflict, there is a lot of room for cooperation.
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