Publications
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, Cato Institute (2006)
JOURNAL ARTICLES and BOOK CHAPTERS:
"Freedom of Speech and the Common Law: A Contrarian Perspective" 21 Georgetown Journal of Law and Public Policy 541 (2023)
"The Forlorn Hope: A Final Attempt to Storm the Fortress of Corporate Criminal Liability," 47 Journal of Corporation Law 1009 (2022)
"Free Speech on Campus: Countering the Climate of Fear," 20 Georgetown Journal of Law and Public Policy 975 (2022)
"Market Failure, Regulation, and Invisible Gorillas," 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)
"Two Conceptions of Rights: Twenty-Five Years Later," Northwestern University Law Review Blog (2020)
"Hierarchy? What Hierarchy? Why Legal Education Is the Most Egalitarian Form of Higher Education," Temple Law Review Symposium Series #3 (2020)
"The Real Menace of the Responsibility Surplus," 17 Georgetown Journal of Law and Public Policy 935 (2019)
"The Corruption of the Rule of Law" 35 Social Philosophy and Policy 12 (2018)
"The Quest for a Diverse Faculty: Theory and Practice," 16 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 Response to Kenneth Silver," 6 Business Ethics Journal Review 36 (2018), https://doi.org/10.12747/bejr2018.06.07
"Freedom of Expression at the Private University," in The Value and Limits of Academic Speech, Routledge (2018)
"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," 12 Criminal Law and Philosophy 427 (2018), DOI 10.1007/s11572-017-9433-x
"The Problem of Punishment," in Rethinking Punishment in the Era of Mass Incarceration, Routledge (2017)
"The Phantom Menace of the Responsibility Deficit," in The Moral Responsibility of Firms, Oxford University Press (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)
"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 7 (2014)
"Teaching Business Ethics: The Principles Approach," 10 Journal of Business Ethics Education 275 (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).
"Is Moral Imagination the Cure for Misapplied Judicial Empathy?: Bandes, Bastiat, and the Quest for Justice," 51 Washburn Law Review 25 (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)
"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")
"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)
"New Directions in Legal Scholarship: Implications for Business and Business Ethics Theory and Research," 20 Business Ethics Quarterly 503 (2010) (with Robert Prentice & Alan Strudler)
"The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability," 46 American Criminal Law Review 1329 (2009)
"Two Theories of Environmental Regulation," 26 Social Philosophy and Policy 95 (2009)
"The Mirage of Product Safety," in The Oxford Handbook of Business Ethics 677 (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)
"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)
"Confusion About Hayek's Confusion," 2 New York University Journal of Law & Liberty 241 (2007)
"Unethical Compliance and the Non Sequitur of Academic Business Ethics," 21 Journal of Private Enterprise 87 (2006)
"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, the Common Law, and Fluid Drive, 1 New York University Journal of Law & Liberty 79 (2005)
Toward a Theory of Empirical Natural Rights, 22 Social Philosophy and Policy 111 (2005)
Reflections on the Minimal State, 2 Politics, Philosophy, and Economics 115 (2003)
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 of Information Science Quarterly 109 (1999)
The Normative Theories of Business Ethics: A Guide for the Perplexed, 8 Business Ethics Quarterly 19 (1998)
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)
Are There Derivative Natural Rights? 9 Public Affairs Quarterly 215 (1995)
The Social Responsibility of Corporations and How to Make It Work for You, 44 The Freeman 332 (1994)
Affirmative Action and the New Discrimination: A Reply to Duncan Kennedy, 54 Louisiana Law Review 263 (1993)