"Of Rights and Regulation"
Social Rights and the Politics of Obligation in History
2022
New Democracy: The Creation of the Modern American State
- Legal History
2022
"Possibilidades de uma História Pragmática do Político"
Revista da Faculdade de Direito da UERJ
2022
"Willard Hurst, Technological Changes, and the Transformation of American Public Law"
Wisconsin Law Review Forward
2022
"Morals, Sex, Crime, and the Origins of Modern American Social Police"
- Criminal Law
- Law and Social Sciences
The Intimate State: Gender, Sexuality, and Governance in Modern U.S. History
2021
"The American Law of Overruling Necessity: The Exceptional Origins of State Police Power"
- Constitutional Law
States of Exception in American History
2020
"Epilogue: The Need for a New and Critical Democracy"
- Legal Writing and Research
- Legal Ethics and Professional Responsibility
The Tocqueville Review
2020
University of Pennsylvania Law Review
2019
"Institutional Economics and the Progressive Movement for the Social Control of Business"
- Legal History
Business History Review
2019
"Social Freedom, Democracy and the Political: Three Reflections on Axel Honneth's Idea of Socialism"
Tocqueville Review
2019
"Revolutionary State Formation"
State Formations: Global Histories and Cultures of Statehood
2018
"Democratic States of Unexception: Towards a New Genealogy of the American Political"
The Many Hands of the State: Theorizing Political Authority and Social Control
2017
"The Administrative State in America"
The Administrative State
2017
"The Public Utility Idea and the Origins of Modern Business Regulation"
Corporations and American Democracy
2017
"Response: The People's Welfare Redux"
American Journal of Legal History
2017
"The Continental Idea of the State"
Max Planck Handbooks of Public Law in Europe, Volume I: State and Administration
2017
Corporations and American Democracy
2017
"Putting the 'Public' in Public Administration: The Rise of the Public Utility Idea"
Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw
2017
"Corporations and American Democracy: An Introduction"
Corporations and American Democracy
2017
Boundaries of the State in U.S. History
2015
"Beyond Max Weber: The Need for a Democratic (Not Aristocratic) Theory of the Modern State"
Tocqueville Review
2015
"The Concept of the State in American History"
Boundaries of the State in U.S. History
2015
"Beyond Stateless Democracy"
Tocqueville Review
2015
"A Revisionist History of Regulatory Capture"
Preventing Regulatory Capture: Special Interest Influence and How to Limit It
2013
"Emancipation and the Creation of Modern Liberal States in America and France"
Journal of the Civil War Era
2013
"Toward a History of the Democratic State"
Tocqueville Review
2012
"Making the Modern American Legislative State"
Living Legislation: Durability, Change, and the Politics of American Lawmaking
2012
Perspectives on History
2011
History of European Ideas
2011
"Constitutional Theology: The Revival of Whig History in American Public Law"
- Constitutional Law
- Legal History
Michigan State Law Review
2010
"AHR Exchange: Long Live the Myth of the Weak State? A Response to Adams, Gerstle, and Witt"
American Historical Review
2010
Emory Law Journal
2010
"Public-Private Governance: A Historical Introduction"
Government by Contract: Outsourcing and American Democracy
2009
"The Myth of the 'Weak' American State"
American Historical Review
2008
"The American Law of Association: The Legal-Political Construction of Civil Society"
Analyzing Law's Reach: Empirical Research on Law and Society
2008
Polity
2008
"Police Power and the Hidden Transformation of the American State"
Police and the Liberal State
2008
The Democratic Experiment: New Directions in American Political History
2003
The Democratic Experiment: New Directions in American Political History
- Legal History
2003
"The Pluralist State: The Convergence of Public and Private Power in America"
American Public Life and the Historical Imagination
2003
"Private Wealth and Public Health: A Critique of Richard Epstein's Defense of the 'Old' Public Health"
- Health Law
Perspectives in Biology and Medicine
2003
"The Legal Origins of the Modern American State"
Looking Back at Law's Century
2002
"The American Law of Association: The Legal-Political Construction of Civil Society"
Studies in American Political Development
2001
The People's Welfare: Law and Regulation in Nineteenth-Century America
- Legal History
1996
Hastings Law Journal
1994