Democrats Need a Plan B for the Supreme Court. Here’s One Option, Washington Post, July 27, 2018 (with John Fabian Witt).
A new way to reduce gun suicides, and maybe mass shootings too, Los Angeles Times, March 12, 2018. (with Fredrick Vars).
Meet Callisto, the Tinder-like Platform that Aims to Fight Sexual Assault, Washington Post, Oct. 9, 2015.
Fix VW’s Polluting Diesels, and Fix the Recall System Too, Los Angeles Times, Sept. 28, 2015.
In Supreme Court redistricting case, it’s the ‘whole number of persons’, Los Angeles Times, May 29, 2015 (with Bruce Ackerman).
John Roberts’ Roadmap for Campaign Finance Reform, The Atlantic, May 7, 2015 (with Bruce Ackerman).
Statistical Methods Can Demonstrate Racial Disparity, New York Times, April 27, 2015.
When Whites Get a Free Pass: Research Shows White Privilege is Real, New York Times, February 24, 2015.
Ending Excessive Police Force Starts with New Rules of Engagement, Washington Post, December 25, 2014 (with Daniel Markovitz).
Obama, the Least Lame President?, New York Times, December 22, 2014 (with John Fabian Witt).
The U.S. hypocrisy over Russia’s anti-gay laws, Washington Post, January 31, 2014 (with William Eskridge).
Canceling the shutdown, playing by the rules, Los Angeles Times (Oct 4, 2013) (with Bruce Ackerman)
How the Internet Can Save Journalism, Huffington Post (August 7, 2013) (with Bruce Ackerman).
How Congress Can Overrule Citizens United, Huffington Post (February 8, 2012) (with Bruce Ackerman).
Don’t Tax the Rich. Tax Inequality Itself, New York Times A29 (December 18, 2011) (with Aaron S. Edlin).
Paying Students to Quit Law School, Slate (November 18, 2011) (with Akhil Reed Amar).
How to Hire A Federal Watchdog, Washington Post (June 23, 2011).
Despite Court Ruling, Congress Can Still Limit Campaign Finance, Washington Post (Jan. 26, 2010) (with Bruce Ackerman).
Crazy Eddie’s House Sale, Slate (June 1, 2009), (with Daniel Markovits).
Why not nominate vice justices for the Supreme Court? Los Angeles Times (May 7, 2009) (with Akhil Reed Amar).
A National Endowment for Journalism, The Guardian (February 13, 2009) (with Bruce Ackerman).
New jingles may be coins in your pocket, Marketplace (July 21, 2008).
Lose Weight? Bet On It, Los Angeles Times (Jan. 27, 2008).
Where Money Is No Object, The Guardian (Jan. 26, 2008) (with Bruce Ackerman).
Number-Crunching the 2008 Election, Tierney Lab, New York Times (Jan. 9, 2008).
Prepare to be Super-Crunched, The Times Higher Education Supplement 18 (Oct. 26, 2007).
You Found a Better Idea, Parade (July 8, 2007) (with Barry Nalebuff).
Streamline Tax Filing, Yale Law Report 48 (Summer 2007).
Do You Have A Better Idea?, Parade (March 25, 2007) (with Barry Nalebuff).
The Hollow Promise: Sexual Orientation Nondiscrimination Policies, 24 Association of Corporate Counsel Docket 48 (Oct. 2006) (with Richard F. Ober, Jr.).
Promises, not policies, Yale Alumni Magazine 32 (Sept./Oct. 2006).
Give NY’s Poor What They Need Most: A Voice, New York Daily News (August 14, 2006) (with Bruce Ackerman).
The Knicks Boldly Go Where Companies Have Not, New York Times (July 2, 2006) (with John J. Donohue III).
Secret Political Donations Can End the Secret Deal, Financial Times 13 (April 27, 2006) (with Bruce Ackerman).
End Tipping? (Oct. 5, 2005) (Real Audio)
Just What the Professor Ordered, New York Times A27 (Sept. 16, 2005).
Justice Roberts Should Sell His Stock (Sept. 14, 2005) (Real Audio)
Opting for Equality (June 30, 2005) (Real Audio).
The Joy of Ambiguity, The Advocate (June 29, 2005) (with Jennifer Gerarda Brown).
Privatizing Gay Rights with Non-discrimination Promises Instead of Policies, The Economist’s Voice, Vol. 2: No. 2, (2005) (with Jennifer Gerarda Brown).
Better Benchmarking (June 21, 2005) (Real Audio)
Straight, Not Narrow: How Straight Couples Can Support Gay Marriage, New Haven Advocate (June 16, 2005) (with Jennifer Gerarda Brown).
Separate, Unequal: How Civil Unions Fall Short of Marriage, Hartford Courant A13 (June 10, 2005).
Looking Out For No. 2: A Modest Proposal for Single-Use Toilets, Slate (March 7, 2005).
Ask Iraqi Voters: Do You Want Us To Stay?, Hartford Courant (Jan. 28. 2005) (with Barry Nalebuff).
Going Soft on Microsoft? The EU’s Antitrust Case and Remedy, The Economists’ Voice, Vol. 2: No. 2, Article 4 (2005) http://www.bepress.com/ev/vol2/iss2/art4 (with Barry Nalebuff).
Anonymously Yours, Worth 32 (November 2004).
Microsoft I: A Remedy Worthy of Solomon, International Herald Tribune (Oct. 11, 2004) (with Barry Nalebuff).
Going, Going, Google, The Wall Street Journal A12 (August 20, 2004) (with Barry Nalebuff).
Cellphone Sleuth (Aug. 20, 2004) (Real Audio).
The Wrong Ticket to Ride, New York Times A29 (March 24, 2004) (with Barry Nalebuff).
Principled Problem Solving: Letting Constraints Filter and Guide Your Thinking Can Often Be the Best Way to Reach Truly Creative Solutions, 14 Scientific American Mind 96 (2004).
System Down: McCain-Feingold Helped Doom the Current Model of Public Financing for Campaigns, Fixing it will Take Some Imagination, The American Prospect On Line (Dec. 12, 2003) (with Bruce Ackerman).
Why Legislating Low Tuitions for State Colleges is a Mistake: They Just Subsidize the Rich, Writ Findlaw’s Legal Commentary (October 30, 2003) (with Aaron Edlin).
In Praise of Honest Pricing, 45 MIT Sloan Management Review 24 (Fall 2003)(with Barry Nalebuff).
Want to Call Me? Pay Me!, Wall Street Journal A24 (Oct. 8, 2003) (with Barry Nalebuff).
Dialing for Dollars, New York Times A29 (Sept. 30, 2003).
Exactly Who’s In the Right in This Labor Dispute?, Yale Daily News 2 (Sept. 4, 2003) (with Barry Nalebuff).
‘Patriot Dollars’ Put Money Where the Voters Are, L.A. Times at 15 (July 17, 2003) (with Bruce Ackerman).
Charity Begins At Schedule A, New York Times, p. A21, col. 1 (April 15, 2003) (with Barry Nalebuff).
Campaign Reform’s Worst Enemy, New York Times, p. A19, col. 2 (July 6, 2002) (with Bruce Ackerman).
Should Campaign Donors Be Identified?, 24 Regulation 12 (Summer 2001), excerpted as A Real Solution: Make Donors Anonymous, National Review Online (July 12, 2001).
Why Telemarketers Should Pay Us, Hartford Courant, p. A15, col. 3 (May 10, 2001) (with Matthew Funk).
Lectures vs. Laptops, New York Times, p. A25, col. 2 (March 20, 2001).
Monetize Labor Practices, 26 Boston Review 18 (February-March 2001).
Why Prosecute Linda Tripp?, New York Times A17, col. 1 (August 10, 1999).
Remedying Past Discrimination: Following the ‘Anderson’ Model, Los Angeles Times M2, col. 3 (April 26, 1998).
The Donation Booth, 22 Boston Review 26 (December-January 1997-98) (with Jeremy Bulow), reprinted in 47 Yale Law Report 62 (2000) and The News-Gazette, B1 (Sept. 27, 1998).
Breaking Windows: Why the Justice Department Should Go After the Microsoft Monopoly, The New Republic 18 (Nov. 17, 1997).
Price and Prejudice, The New Republic 30 (July 6, 1992).
Colleges in Collusion, The New Republic 19 (October 16, 1989).