“Fundamental Rights, Federal States, and Sovereignty: Some Random Remarks”
Croatian Yearbook of European Law and Policy
2017
“Understanding What the Vienna Convention Says About Identifying and Using ‘Sources for Treaty Interpretation’ ”
- International and Comparative Law
The Oxford Handbook on The Sources of International Law
2017
“Explaining Trade Agreements: The Practitioners’ Story and the Standard Model”
World Trade Review
2015
“Measures with Multiple Purposes: Puzzles from EC-Seal Products”
AJIL Unbound
2015
“EC – Seal Products: Seals and Sensibilities (TBT Aspects of the Panel and Appellate Body Reports)”
World Trade Review
2015
“Regulatory Purpose in GATT Article III, TBT Article 2.1, the Subsidies Agreement, and Elsewhere: Hic et Ubique”
Research Handbook On Environment, Health And The WTO
2013
“United States--Certain Measures Affecting Imports of Poultry from China: The Fascinating Case that Wasn’t”
World Trade Review
2012
“An Outsider’s View of Dassonville and Cassis de Dijon: On Interpretation and Policy”
The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty
2010
“International Adjudication: A Response to Paulus--Courts, Custom, Treaties, Regimes, and the WTO”
The Philosophy of International Law
2010
“How to Think About PPMs (and Climate Change)”
- International and Comparative Law
International Trade Regulation and the Mitigation of Climate Change: World Trade Forum
2009
“A Gambling Paradox: Why an Origin-Neutral ‘Zero-Quota’ Is Not a Quota Under GATS Article XVI”
Journal of World Trade
2007
“The Meaning of ‘Necessary’ in GATT Article XX and GATS Article XIV: The Myth of Cost-Benefit Balancing”
World Trade Review
2007
“What Are Trade Agreements For?: Two Conflicting Stories Told by Economists, with a Lesson for Lawyers”
Journal of International Economic Law
2006
“Regulatory Purpose and ‘Like Products’ in Article III:4 of the GATT (with Additional Remarks on Article III:2)”
Trade and Human Health and Safety
2006
Reason and Value: Themes from the Moral Philosophy of Joseph Raz
2004
“Further Thoughts on the Role of Regulatory Purpose Under Article III of the General Agreement on Tariffs and Trade: A Tribute to Bob Hudec”
Journal of World Trade
2003
“The Dormant Commerce Clause and the Hormones Problem”
The Role of the Judge in International Trade Regulation: Experience and Lessons for the WTO
2003
Ethics: An International Journal of Social, Political and Legal Philosophy
2003
“Do World Trade Organization Dispute Settlement Reports Affect the Obligations of Non-Parties? -- Response to McNelis”
Journal of World Trade
2003
“The Value of Rational Nature”
Ethics: An International Journal of Social, Political and Legal Philosophy
2002
“Regulatory Purpose and ‘Like Products’ in Article III:4 of the GATT (With Additional Remarks on Article II:2)”
Journal of World Trade
2002
“Judicial Review of Member-State Regulation of Trade within a Federal or Quasi-Federal System: Protectionism and Balancing, Da Capo”
Michigan Law Review
2001
“The Product/Process Distinction - An Illusory Basis for Disciplining ‘Unilateralism’ in Trade Policy”
European Journal of International Law
2000
“Perceiving Imperceptible Harms (With Other Thoughts on Transitivity, Cumulative Effects, and Consequentialism)”
Imperceptible Harms and Benefits
2000
“Linking the Visions”
Law Quadrangle Notes
2000
“Gewirth on Necessary Goods: What Is the Agent Committed to Valuing?”
Gewirth: Critical Essays on Action, Rationality, and Community
1999
“The Problem of Social Cost Revisited”
Law and Economics Anthology
1998
“Value, Comparability, and Choice”
Incommensurability, Incomparability, and Practical Reason
1997
“How to Think about the Federal Commerce Power and Incidentally Rewrite United States v. Lopez (Symposium: Reflections on United States v. Lopez)”
Michigan Law Review
1995
“State Regulation of Commerce”
Encyclopedia of the American Constitution
1992
“Reasons, Authority, and the Meaning of ‘Obey’: Further Thoughts on Raz and Obedience to Law”
Canadian Journal of Law and Jurisprudence
1990
“Authority and Value: Reflections on Raz’s Morality of Freedom”
Southern California Law Review
1989
“Siamese Essays: (I) CTS Corp. v. Dynamics Corp. of America and Dormant Commerce Clause Doctrine; (II) Extraterritorial State Legislation”
Michigan Law Review
1987
“Philosophy and the Constitution”
Encyclopedia of the American Constitution
1986
“Duties of Preservation”
The Preservation of Species: The Value of Biological Diversity
1986
“The Supreme Court and State Protectionism: Making Sense of the Dormant Commerce Clause”
Michigan Law Review
1986
“What a Sensible Natural Lawyer and a Sensible Utilitarian Agree about and Disagree about: Comments on Finnis”
Journal of Legal Education
1986
“Law’s Halo”
Social Philosophy and Policy
1986
“On Preferences and Promises: A Response to Harsanyi”
Ethics: An International Journal of Social, Political and Legal Philosophy
1985
“Glosses on Dworkin: Rights, Principles, and Policies”
Ronald Dworkin and Contemporary Jurisprudence
1983
“Suicide and the Failure of Modern Moral Theory”
Suicide and Life-Threatening Behavior
1983
“Against Evaluator Relativity: A Response to Sen”
Philosophy and Public Affairs
1983
Review of Social Justice in the Liberal State by Bruce Ackerman
Philosophical Review
1983
Paternalism
1983
“Comments on Parfit”
Synthèse
1982
“Rewriting Roe v. Wade”
The Law and Politics of Abortion
1980
Utilitarianism and Co-operation
1980
“Rewriting Roe v. Wade”
Michigan Law Review
1979
“Glosses on Dworkin: Rights, Principles, and Policies”
Michigan Law Review
1978
“Justifications for Paternalism”
The Limits of Law
1974