"Pseudo-Contract and Shared Meaning Analysis"

  • Corporate and Securities Law
Harvard Law Review
2019

"The Deformation of Contract in the Information Society"

  • Corporate and Securities Law
  • Law and Technology
Oxford Journal of Legal Studies
2017

"From Baby-Selling to Boilerplate: Reflections on the Limits of the Infrastructures of the Market"

  • Corporate and Securities Law
Osgoode Hall Law Journal
2017

"Taking Notice Seriously: The Problem of Information Delivery and Consumer Contract Formation"

  • Corporate and Securities Law
Theoretical Inquiries in Law
2016

"Access to Justice and Abuses of Contract"

  • Corporate and Securities Law
Windsor Yearbook of Access to Justice
2016

"Patent Notice and the Trouble with Plain Meaning"

  • Intellectual Property and Antitrust
Boston University Law Review
2016

"Less Than I Wanted To Know: The Submerged Issues in More Than I Wanted To Know"

  • Corporate and Securities Law
Jerusalem Review of Legal Studies
2015

"Of Priors and Disconnects"

  • Corporate and Securities Law
Harvard Law Review Forum
2014

"Response: Boilerplate in Theory and Practice"

  • Corporate and Securities Law
Canadian Business Law Journal
2013

"Reconsidering Boilerplate: Confronting Normative and Democratic Degradation"

  • Corporate and Securities Law
Capital University Law Review
2012

"Rhetorical Capture"

  • Intellectual Property and Antitrust
Arizona Law Review
2012

"In Tribute: Frank I. Michelman"

  • Legal Writing and Research
Harvard Law Review
2012

"Form Contracts and the Problem of Consumer Information"

  • Corporate and Securities Law
Journal of Institutional and Theoretical Economics
2011

"Property Longa, Vita Brevis"

  • Legal Ethics and Professional Responsibility
Wisconsin Law Review
2011

"The Rule of Law in the Information Age: Reconciling Private Rights and Public Values"

  • Law and Technology
Journal of Law, Philosophy and Culture
2009

"Copyright Defection"

  • Intellectual Property and Antitrust
Industrial and Corporate Change
2006

"Boilerplate Today: The Rise of Modularity and the Waning of Consent"

  • Corporate and Securities Law
Michigan Law Review
2006

"A Comment on Information Propertization and its Legal Milieu"

  • Law and Technology
Cleveland State Law Review
2006

"Regulation by Contract, Regulation by Machine"

Journal of Institutional and Theoretical Economics
2004

"Regime Change in Intellectual Property - Superseding the Law of the State with the 'Law' of the Firm"

  • Intellectual Property and Antitrust
University of Ottawa Law & Technology Journal
2004

"Property and Precision"

  • Corporate and Securities Law
Tulsa Law Review
2004

"Online Standardization and the Integration of Text and Machine"

  • Law and Technology
Fordham Law Review
2002

"Humans, Computers, and Binding Commitment"

  • Law and Technology
Indiana Law Journal
2000

"Altered States: Electronic Commerce and Owning the Means of Value Exchange"

  • Law and Technology
Stanford Technology Law Review
1999

"The Myth of Private Ordering: Rediscovering Legal Realism in Cyberspace"

  • Law and Technology
Chicago-Kent Law Review
1998

"Property Evolving in Cyberspace (Conference of the Second Century of the University of Pittsburgh School of Law: Regulation of Computing and Information Technology)"

  • Law and Technology
Journal of Law and Commerce
1996

"The Pragmatist and the Feminist"

  • Legal Ethics and Professional Responsibility
Southern California Law Review
1996

"A Deweyan Perspective on the Economic Theory of Democracy"

  • Legal Ethics and Professional Responsibility
Constitutional Commentary
1995

"Positive Theory as Conceptual Critique - A Piece of a Pragmatic Agenda? (Symposium on Positive Political Theory and Law)"

  • Legal History
Southern California Law Review
1995

"Lacking a Transformative Social Theory: A Response"

  • Legal Writing and Research
Stanford Law Review
1993

"Compensation and Commensurability"

  • Corporate and Securities Law
Duke Law Journal
1993

"On the Domain of Market Rhetoric (Annual Institute for Humane Studies Law and Philosophy Issue--Symposium on Risks and Wrongs, University of San Diego, School of Law - 1992)"

  • Corporate and Securities Law
Harvard Journal of Law and Public Policy
1992

"Evaluating Government Reasons for Changing Property Regimes (Conference on Compelling Government Interests: The Mystery of Constitutional Analysis)"

  • Constitutional Law
Albany Law Review
1992

"Pragmatist and Poststructuralist Critical Legal Practice (Commentary)"

  • Legal Ethics and Professional Responsibility
University of Pennsylvania Law Review
1991

"Reflections on Objectification (Symposium on Biomedical Technology and Healthcare: Social and Conceptual Transformations)"

  • Law and Technology
  • Health Law
Southern California Law Review
1991

"Presumptive Positivism and Trivial Cases (Symposium on Law and Philosophy)"

  • Philosophy of Law
Harvard Journal of Law and Public Policy
1991

"'After the Final No There Comes a Yes': A Law Teacher's Report"

  • Legal Writing and Research
Yale Journal of Law and the Humanities
1990

"Reconsidering the Rule of Law"

  • Constitutional Law
Boston University Law Review
1989

"The Liberal Conception of Property: Cross Currents in the Jurisprudence of Takings"

  • Corporate and Securities Law
Columbia Law Review
1988

"Market-Inalienability"

  • Corporate and Securities Law
Harvard Law Review
1987

"Time, Possession, and Alienation (Symposium: Time, Property Rights, and the Common Law)"

  • Corporate and Securities Law
Washington University Law Quarterly
1986

"The Consequences of Conceptualism (Symposium on Richard Epstein's Takings: Private Property and the Power of Eminent Domain)"

  • Administrative Law
University of Miami Law Review
1986

"Proportionality, Subjectivity, and Tragedy (Death Penalty Symposium: II. Issues in the Administration of the Death Penalty)"

  • Administrative Law
University of California Davis Law Review
1985

"Property and Personhood"

  • Human Rights
Stanford Law Review
1982

"Cruel Punishment and Respect for Persons: Super Due Process for Death"

  • Criminal Law
Southern California Law Review
1980

"The Jurisprudence of Death: Evolving Standards for the Cruel and Unusual Punishments Clause"

  • Legal Ethics and Professional Responsibility
University of Pennsylvania Law Review
1978