SCHOLARSHIP
Forthcoming & Works in Progress:
Books:
Common Law Liberalism: A New Theory of the Libertarian Society , forthcoming from Oxford University Press
Questioning Assumptions (under review)
Against Corporate Responsibility (in progress)
Articles:
"Freedom of Speech and the Common Law: A Contrarian Perspective, forthcoming in Georgetown Journal of Law and Public Policy
Books:
Better Ethics for Better Behavior, Oxford University Press (with Jason Brennan, William English, and Peter Jaworski) (2021)
Trapped: When Acting Ethically Is Against the Law (2006)
Edited Anthologies:
“The Ethics of Freedom of Speech,” 20 Georgetown Journal of Law and Public Policy (2022) (co-editors: Peter Jaworski, William English, and Sahar Akhtar)
"The Ethics of Regulation," 19 Georgetown Journal of Law and Public Policy (2021) (Co-editors: Peter Jaworski, William English, Sahar Akhtar, and Eric Sampson)
"Proportionality in the Criminal Law" Criminal Law and Philosophy (2021)
"The Ethics of Democracy," 18 Georgetown Journal of Law and Public Policy (2020) (Co-editors: Peter Jaworski, William English, and Sahar Akhtar)
"The Ethics of Corporate Moral Agency," 17 Georgetown Journal of Law and Public Policy (2019) (co-editors: Peter Jaworski, William English, and Sahar Akhtar)
"The Ethics of Diversity," 16 Georgetown Journal of Law and Public Policy (2018) (co-editors: Peter Jaworski and William English)
"Crime Without Fault: The Justifiability of Public Welfare Offenses and the Responsible Corporate Officer Doctrine," 12 Criminal Law and Philosophy (2018)
"Ethics and What is Not Seen: The Effect of Remote Consequences on Ethical Analysis," 15 Georgetown Journal of Law and Public Policy (2017) (co-editors: Jason Brennan, Peter Jaworski, and William English)
"The Ethics of Nudging" 14 Georgetown Journal of Law and Public Policy (2016) (co-editors: Jason Brennan, Peter Jaworski, and David Faraci)
"The Ethical Limits of Markets" 13 Georgetown Journal of Law and Public Policy (2015) (co-editors: Jason Brennan & Peter Jaworski)
"The Ethics of Lobbying," 12 Georgetown Journal of Law and Public Policy (2014) (co-editors: Jason Brennan & Peter Jaworski)
"The Ethics of Bailouts and Government Support for Corporations: Public Benefit or Crony Capitalism?" 11 Georgetown Journal of Law and Public Policy (2013) (co-editors: Jason Brennan & Peter Jaworski)
Articles and Book Chapters:
“Free Speech on Campus: Countering the Climate of Fear,” 20 Georgetown Journal of Law and Public Policy 975(2022)
“The Forlorn Hope: A Final Attempt to Storm the Fortress of Corporate Criminal Liability,” 47 Journal of Corporation Law 1009 (2022)
"Market Failure, Regulation, and Invisible Gorillas," forthcoming in 19 Georgetown Journal of Law and Public Policy 813 (2021)
"Ten Questions about Democracy," 18 Georgetown Journal of Law and Public Policy 643 (2020)
"The Core of Business Ethics," 125 Business and Society Review 375 (2020)
"Hierarchy? What Hierarchy? Why Legal Education Is the Most Egalitarian Form of Higher Education," Temple Law Review Symposium Series #3 (2020)
"Two Conceptions of Rights: Twenty-Five Years Later," Northwestern University Law Review Blog (2020)
“The Real Menace of the Responsibility Surplus,” forthcoming in 17 Georgetown Journal of Law and Public Policy 935 (2019)
“The Corruption of the Rule of Law” 35 Social Philosophy and Policy 12 (2019)
"The Quest for a Diverse Faculty: Theory and Practice," 17 Georgetown Journal of Law and Public Policy 753 (2018)
“Clockwork Corporations: A Valiant Attempt to Do the Impossible,” 103 Iowa Law Review Online 28 (2018)
“Corporations and Voting: A Reply to Kenneth Silver,” 6 Business Ethics Journal Review 36 (2018)
"Freedom of Expression at the Private University," in The Value and Limits of Academic Speech, Routledge (2018)
“How to Change University Policy: A Case Study” in Foundation for Individual Rights in Education 2018 Conference Proceedings
"Does Corporate Moral Agency Entail Corporate Freedom of Speech?" 43 Social Theory and Practice 589 (2017), DOI: 10.5840/soctheorpract20178315
"Reflections on Prince, Public Welfare Offenses, American Cyanamid, and the Wisdom of the Common Law," Criminal Law and Philosophy, (2017), DOI 10.1007/s11572-017-9433-x
"The Phantom Menace of the Responsibility Deficit," in The Moral Responsibility of Firms, Oxford University Press (2017)
"The Problem of Punishment," in Rethinking Punishment in the Era of Mass Incarceration, Routledge (2017)
"Some Noodging about Nudging: Four Questions about Libertarian Paternalism," 15 Georgetown Journal of Law and Public Policy 645 (2016)
"Should Corporations Have the Right to Vote? A Paradox in the Theory of Corporate Moral Agency," 150 Journal of Business Ethics 657 (2018) DOI 10.1007/s10551-016-3172-0
"Lobbying and Self-defense," 12 Georgetown Journal of Law & Public Policy 391 (2014)
"Teaching Business Ethics: The Principles Approach," 10 Journal of Business Ethics Education 275 (2013)
"A Context for Evaluating Department of Justice Policy on the Prosecution of Business Organizations: Is the Department of Justice Playing in the Right Ballpark?," 51 American Criminal Law Review (2013)
"Is There a Duty to Obey the Law?" 30 Social Philosophy and Policy 450 (2013)
"Foreword to The Ethics of Bailouts and Government Support for Corporations: Public Benefit or Crony Capitalism? 11 Georgetown Journal of Law and Public Policy 279 (2013)
"Whither Stakeholder Theory?: A Guide for the Perplexed Revisited," 112 Journal of Business Ethics 47 (2013) (DOI 10.1007/s10551-012-1231-8)
"Attempt, Preparation, and Harm: The Case of the Jealous Ex-Husband," 9 Ohio State Journal of Criminal Law 761 (2012).
"Reflections on Corporate Moral Responsibility and the Problem Solving Technique of Alexander the Great," 107 Journal of Business Ethics 183 (2012) (DOI 10.1007/s10551-011-1032-5)
"Is Moral Imagination the Cure for Misapplied Judicial Empathy?: Bandes, Bastiat, and the Quest for Justice," 51 Washburn Law Review 25 (2011)
"Where Is Felix Cohen When We Need Him?: Transcendental Nonsense and the Moral Responsibility of Corporations," 19 Brooklyn Journal of Law and Policy 55 (2010) (Symposium on "Sharing the Blame: The Law and Morality of Punishing Collective Entities")
"New Directions in Legal Scholarship: Implications for Business Ethics Research, Theory, and Practice," (with Alan Strudler and Robert Prentice) 20 Business Ethics Quarterly 503 (2010)
"Between Scylla and Chaybdis: Ethical Dilemmas of Corporate Counsel in the World of the Holder Memorandum," 2009 Tabor Lecture, Tabor Institute of Legal Ethics, 44 Valparaiso University Law Review 1199 (2010)
"The Centenary of a Mistake: One Hundred Years of Corporate Liability," 46 American Criminal Law Review 1329 (2009)
"The Mirage of Product Safety," in The Oxford Handbook of Business Ethics 677 (2009)
"Two Theories of Environmental Regulation," 26 Social Philosophy and Policy 95 (2009)
"The Depoliticization of Law," 9 Theoretical Inquiries in Law 529 (2008)
"Managing the Risks of Legal Compliance: Conflicting Demands of Law and Ethics," 39 Loyola University Chicago Law Journal 507(2008)
"The Obviousness of Anarchy," in Anarchism/Minarchism: Is a Government Part of a Free Country? 111 (2008)
"Foreword to Corporate Criminality: Legal, Ethical, and Managerial Implications," 44 American Criminal Law Review 1269 (2007)
"Confusion About Hayek's Confusion," 2 New York University Journal of Law & Liberty 241 (2007)
"Up From Flatland: Business Ethics in the Age of Divergence," 17 Business Ethics Quarterly 399 (2007) (Best Paper, 2006 Society for Business Ethics annual conference)
"Unethical Compliance and the Non Sequitur of Academic Business Ethics," 21 Journal of Private Enterprise 87 (2006) (Anthologized in K. Naga Sri Valli, White Collar Crimes: A Debate)
"The Significant Meaninglessness of Arthur Andersen LLP v. United States," 2004-2005 Cato Supreme Court Review 187 (2005)
"Ethics and the Problem of White Collar Crime," 54 American University Law Review 579 (2005)
"Hayek, Common Law, and Fluid Drive," 1 New York University Journal of Law & Liberty 79 (2005) (Anthologized in Mario Rizzo, Austrian Law and Economics)
"Toward a Theory of Empirical Natural Rights," 22 Social Philosophy and Policy 111 (2005) (Anthologized in Mario Rizzo, Austrian Law and Economics and Carlos A. Primo Braga & Olivier Cattaneo, The WTO and Accession Countries)
"Reflections on the Minimal State," 2 Politics, Philosophy and Economics 115 (2003) (Anthologized in Mario Rizzo, Austrian Law and Economics)
"Equal Opportunity, Affirmative Action, and the Anti-Discrimination Principle: The Philosophical Basis for the Legal Prohibition of Discrimination," 71 Fordham Law Review 423 (2002)
"Once More unto the Breach: The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible," 54 Hastings Law Journal 1 (2002)
"Ethics and Information Systems: The Corporate Domain," (with H. Jefferson Smith) 23 Management Information Systems Quarterly 109 (1999)
"The Normative Theories of Business Ethics: A Guide for the Perplexed," 8 Business Ethics Quarterly 19 (1998) (Anthologized in Beauchamp and Bowie, Ethical Theory and Business, 7th ed. and in Allhoff & Vaidya, Business Ethics)
"The Dangerous Dichotomy of Democracy’s Discontent or Michael Sandel and the Fallacy of the False Dilemma," 85 Georgetown Law Journal 2139 (1997)
"What’s Wrong with a Little Tort Reform?" 32 Idaho Law Review 557 (1996)
"Back to the Future: From Critical Legal Studies Forward to Legal Realism, or How Not to Miss the Point of the Indeterminacy Argument," 45 Duke Law Journal 84 (1995)
"From Cannibalism to Caesareans: Two Conceptions of Fundamental Rights," 89 Northwestern University Law Review 900 (1995)
"The Myth of the Rule of Law," 1995 Wisconsin Law Review 199 (1995) (Anthologized in Ed Stringham, Anarchy and the Law)
"Are There Derivative Natural Rights?" 9 Public Affairs Quarterly 215 (1995)
"Affirmative Action and the New Discrimination: A Reply to Duncan Kennedy," 54 Louisiana Law Review 263 (1993)
Columns:
"On the Affirmative Action Ruling, the Supreme Court Got It Half Right" The Hill, July 3, 2023
“Why Colleges Don't Care About Free Speech,” Wall Street Journal, February 6, 2022
"Why I’ll Be on Campus This Fall,” Wall Street Journal, July 13, 2020
"The One Kind of Diversity Colleges Avoid," Wall Street Journal, March 31, 2016
"Nudging Voters," The Hill Congress Blog, March 15, 2016
"The Surprising Obstacle Mizzou and Yale Face in Increasing Diversity," Fortune, November 21, 2015
"Out of the Mouths of Babes," Huffington Post, September 17, 2013
"The ‘Unseen’ Deserve Empathy, Too," Wall Street Journal, May, 29 2009 (Awarded the 2009 Bastiat Prize for Journalism)
"Felony Inc.," Worth Magazine, January 2007
"Do Nothing," Wall Street Journal, September 16, 2006
"End the Draft," National Law Journal, April 24, 2006
"Department of Coercion," Wall Street Journal, March 11, 2006
"Diversity Thumbs on the Scales" Washington Times, June 22, 2003
"Too Much Official Power," National Law Journal, May 5, 2003
"Racial Preferences, Even If for Good, Open Door to Future Abuse," Detroit Free Press, March 27, 2003
"Novel View of Election Money," National Law Journal, January 29, 2001
"Rick-Hil Deal Is How to End Soft Money," N.Y. Daily News, October 4, 2000
"New Life for Smokers," Washington Post, August 20, 1995
"Establishing an Ethical Framework," (with Jeff Smith) Beyond Computing magazine, January/February 1994
"Debating the Stakeholder Theory," (with Jeff Smith) Beyond Computing magazine, March/April 1994.
"Overgrazing Till the Cows Come Home," L.A. Times, November 1, 1992
"The Tragedy of the Commons–and the Congress," Baltimore Sun, November 20, 1992
Book Reviews, Case Studies, and Other Publications:
"Business Persons: A Legal Theory of the Firm” Book Review, 25 Business Ethics Quarterly 397 (2015)
"Not Quite Breaking the Ice," Review of Free Market Fairness, 35(3) Regulation 52 (2012)
"A Useful Frightening Book," Review of Prosecutors in the Boardroom, 35(1) Regulation 52 (2012)
"The Discordance of New York Central Jazz," 33 Regulation 46 (2010)
"Criminalizing Corporate Conduct: How Far Is Too Far?" Point of Law.com Featured Discussion, July 27-31, 2009
"Mens Rea Requirement: A Critical Casualty of Overcriminalization," Washington Legal Foundation Paper, December 12, 2008
"Sins of the Children: Punishing Businesses for Employees’ Crimes," Heritage Foundation Web Memo, August 16, 2006
"An Explosive Problem at Gigantic Motors" in Beauchamp, Case Studies in Business, Society, and Ethics 5th ed.
"Stirling Bridge Tool and Machinery Company" in Beauchamp, Case Studies in Business, Society, and Ethics 5th ed.
"Awkward Advances at Your Old House Magazine in Beauchamp, Case Studies in Business, Society, and Ethics 5th ed.
"Rumpole's Revenge or Women in Catering" in Beauchamp, Case Studies in Business, Society, and Ethics 5th ed.
"Who Put the Public in Public Philosophy?" 8 The Good Society 19 (1998)
"Sexual Harassment" in Werhane and Freeman, The Blackwell Encyclopedic Dictionary of Business Ethics (1997)
"Confronting Harassment" in Donaldson and Werhane, Ethical Issues in Business (5th ed. 1996)
"The Hazards of the Enterprise" in Donaldson and Gini, Case Studies in Business Ethics (4th ed. 1996)
"Gender Issues at Your House" in Donaldson and Gini, Case Studies in Business Ethics (4th ed. 1996)
"The Social Responsibility of Corporations and How to Make It Work for You" 44 The Freeman 332 (1994)