Books
Trial By Numbers: A Lawyer’s Guide to Statistical Evidence
Oxford University Press (2024) (with Kyle Rozema)
[OUP] [Amazon]
How Constitutional Rights Matter
Oxford University Press (2020) (with Mila Versteeg)
[OUP] [Amazon] [Website]
Articles and Chapters
The Limits of Diplomacy by Treaty: Evidence from China’s BIT Program
Journal of Empirical Legal Studies (forthcoming) (with Weijia Rao)
The “Odd Party Out” Theory of Certiorari
Journal of Politics (forthcoming) (with Adam Bonica & Maya Sen)
[Journal] [SSRN] [Replication Materials]
Political Ideology and Judicial Administration: Evidence from the COVID-19 Pandemic
Journal of Law, Economics, & Organization (forthcoming) (Christopher Cotropia, Kyle Rozema, & David Schwartz)
[Journal] [SSRN]
The Endgame of Court-Packing
American Law and Economics Review (forthcoming) (with Dan Epps, Kyle Rozema, & Maya Sen)
[SSRN]
Improving The Signal Quality of Grades
Journal of Law, Economics, & Organization (forthcoming) (with Peter Joy, Kyle Rozema, & James Thomas)
[Journal] [SSRN]
Dynamic Diffusion
Journal of International Economic Law (forthcoming) (with Anu Bradford & Katerina Linos)
[Journal] [SSRN]
Support for Constitutional Rights During Crisis: Evidence from the Pandemic
American Journal of Comparative Law (forthcoming) (with Kevin Cope, Charles Crabtree, & Mila Versteeg)
[SSRN]
Constraining Constitution-Making
Journal of Law and Empirical Analysis 1(1): 1-25 (2024) (with Cristián Eyzaguirre, David Landau, & Mila Versteeg)
[Journal] [SSRN] [Replication Materials]
Which Constitutional Provisions Are Most Important?
European Journal of Empirical Legal Studies 1(1): 19-48 (2024) (with Mila Versteeg and 10 other co-authors)
[Journal] [SSRN] [Replication Materials]
The Gravity of Legal Diffusion
University of Chicago Legal Forum 35-57 (2023) (with Anu Bradford & Katerina Linos)
[Journal] [SSRN]
LegalBench: A Collaboratively Built Benchmark for Measuring Legal Reasoning in Large Language Models
Advances in Neural Information Processing Systems (2023) (with Neel Guha and 38 other co-authors)
[ARXIV] [SSRN] [Code] [Website]
The Politics of Constitutional Rights
Chapter in the Research Handbook on the Politics of Constitutional Law 432-452 (2023) (with Mila Versteeg)
[Website] [SSRN]
The Effect of Constitutional Gender Equality Clauses
Journal of Legal Studies 51(2): 329-370 (2022) (with Mila Versteeg)
[Journal] [SSRN] [Replication Materials] [Supplementary Materials]
Assessing Affirmative Action’s Diversity Rationale
Columbia Law Review 122(2): 331-405 (2022) (with Justin Driver, Jonathan Masur, & Kyle Rozema)
[Journal] [SSRN] [Pre-Posted Design] [Video Interview]
Small-c Constitutional Rights
International Journal of Constitutional Law 20(1): 141-176 (2022) (with Mila Versteeg)
[Journal] [SSRN] [Supplementary Materials]
The Expanding Universe of Bilateral Labor Agreements
Theoretical Inquires in Law 23(2): 1-64 (2022) (with Bartek Woda)
[Journal] [SSRN] [Replication Materials] [Bilateral Labor Agreements Dataset]
Do Legal Origins Predict Legal Substance?
Journal of Law and Economics 64(2): 207-231 (2021) (with Anu Bradford, Yun-chien Chang, & Nuno Garoupa)
[Journal] [SSRN] [Supplementary Materials]
Rethinking Law School Tenure Standards
Journal of Legal Studies 50(1): 1-34 (2021) (with Jonathan Masur & Kyle Rozema)
[Journal] [SSRN] [Replication Materials]
Designing Supreme Court Term Limits
Southern California Law Review 95(1): 1-72 (2021) (with Dan Epps, Kyle Rozema, & Maya Sen)
[Journal] [SSRN]
Regulating Antitrust Through Trade Agreements
Antitrust Law Journal 84(1): 103-125 (2021) (with Anu Bradford)
[Journal] [SSRN] [Replication Materials] [Comparative Competition Law Data]
Preferences and Compliance with International Law
Theoretical Inquiries in Law 22(2): 247-275 (2021) (with Katerina Linos)
[Journal] [SSRN]
The Social Science Approach to International Law
Chicago Journal of International Law 22(1): 1-23 (2021) (with Daniel Abebe & Tom Ginsburg)
[Journal] [SSRN]
United Nations Endorsement and Support for Human Rights: An Experiment on Women's Rights in Pakistan
Journal of Peace Research 58(3): 462-478 (2021) (with Gulnaz Anjum & Zahid Usman)
[Journal] [SSRN] [Replication Materials]
Political Ideology and the Law Review Selection Process
American Law and Economics Review 22(1): 211-240 (2020) (with Jonathan Masur & Kyle Rozema)
[Journal] [SSRN] [Supplementary Materials]
The Chicago School’s Limited Influence on International Antitrust
University of Chicago Law Review 87(2): 297-329 (2020) (with Anu Bradford & Filippo Maria Lancieri)
[Journal] [SSRN] [Replication Materials] [Comparative Competition Law Data]
Reciprocity and Public Opposition to Foreign Direct Investment
British Journal of Political Science 50(1): 129-153 (2020) (with Dustin Tingley & Helen Milner)
[Journal] [SSRN] [Replication Materials] [Supplementary Materials]
The Global Dominance of European Competition Law Over American Antitrust Law
Journal of Empirical Legal Studies 16(4): 731-766 (2019) (with Anu Bradford, Katerina Linos, and Alex Weaver)
[Journal] [SSRN] [Supplementary Materials] [Comparative Competition Law Data]
Trade Openness and Antitrust Law
Journal of Law and Economics 62(1): 29-65 (2019) (with Anu Bradford)
[Journal] [SSRN] [Replication Materials] [Supplementary Materials] [Comparative Competition Law Data]
Legal Rasputins? Law Clerk Influence on Voting at the U.S. Supreme Court
Journal of Law, Economics, & Organization 35(1): 1-36 (2019) (with Adam Bonica, Jacob Goldin, Kyle Rozema, & Maya Sen)
[Journal] [SSRN] [Supplementary Materials]
Competition Gone Global: The Comparative Competition Law and Enforcement Datasets
Journal of Empirical Legal Studies 16(2): 411-443 (2019) (with Anu Bradford, Christopher Megaw, & Nathaniel Sokol)
[Journal] [SSRN] [Comparative Competition Law Data]
Competition Law Around the World from 1889 to 2010: The Competition Law Index
Journal of Competition Law & Economics 14(3): 393-432 (2018) (with Anu Bradford)
[Journal] [SSRN] [Comparative Competition Law Data]
Why Countries Sign Bilateral Labor Agreements
Journal of Legal Studies 47(S1): 45-88 (2018) (with Eric Posner)
[Journal] [SSRN] [Bilateral Labor Agreements Dataset]
The Legal Academy's Ideological Uniformity
Journal of Legal Studies 47(1): 1-43 (2018) (with Adam Bonica, Kyle Rozema, & Maya Sen)
[Journal] [SSRN]
Courts' Limited Ability to Protect of Constitutional Rights
University of Chicago Law Review 85(2): 293-335 (2018) (with Mila Versteeg)
[Journal] [SSRN]
Treaties and Human Rights: The Role of Long Term Trends
Law & Contemporary Problems 81(1): 1-30 (2018) (with Eric Posner)
[Journal] [SSRN]
Rights Without Resources: The Impact of Constitutional Social Rights on Social Spending
Journal of Law and Economics 60(4): 713-748 (2017) (with Mila Versteeg)
[Journal] [SSRN] [Replication Materials] [Supplementary Materials]
Measuring Judicial Ideology Using Law Clerk Hiring
American Law and Economics Review 19(1): 129-161 (2017) (with Adam Bonica, Jacob Goldin, Kyle Rozema, & Maya Sen)
[Journal] [SSRN] [Data on Judges' CBI Scores]
The Political Ideologies of Law Clerks
American Law and Economics Review 19(1): 96-128 (2017) (with Adam Bonica, Jacob Goldin, Kyle Rozema, & Maya Sen)
[Journal] [SSRN]
Making Doctrinal Work More Rigorous: Lessons from Systematic Reviews
University of Chicago Law Review 84(1): 37-58 (2017) (with Will Baude & Anup Malani)
[Journal] [SSRN] [Blog Post #1] [Blog Post #2]
The Limitations of Supply Chain Disclosure Regimes
Stanford Journal of International Law 57(1): 1-54 (2017) (with Galit Sarfaty)
[Journal] [SSRN]
Do Constitutional Rights Make a Difference?
American Journal of Political Science 60(3): 575-589 (2016) (with Mila Versteeg)
[Journal] [SSRN] [Replication Materials] [Supplementary Materials]
Simplification of Privacy Disclosures: An Experimental Test
Journal of Legal Studies 45(2): S41-S67 (2016) (with Omri Ben-Shahar)
[Journal] [SSRN] [Supplementary Materials]
The Political Ideologies of American Lawyers
Journal of Legal Analysis 8(2): 277-335 (2016) (with Adam Bonica & Maya Sen)
[Journal] [SSRN]
The Political Motivations of the United States' Bilateral Investment Treaty Program
Review of International Political Economy 23(4): 614-642 (2016)
[Journal] [SSRN] [Supplementary Materials]
International Law, Constitutional Law, and Public Support for Torture
Research & Politics 3(1): 1-9 (2016) (with Mila Versteeg)
[Journal] [SSRN] [Replication Materials] [Supplementary Materials]
Revisiting Procedure and Precedent in the WTO: An Analysis of US-CVD and AD Measure (China)
World Trade Review 15(2): 375-395 (2016) (with Mostafa Beshkar)
[Journal] [SSRN]
The Influence of History on States’ Compliance with Human Rights Obligations
Virginia Journal of International Law 52(2): 211-264 (2016) (with Eric Posner)
[Journal] [SSRN] [Blog Post] [Response by Cope & Creamer] [Response by Lupu] [Response by Versteeg]
The Failure of Constitutional Torture Prohibitions
Journal of Legal Studies 44(2): 417-452 (2015) (with Mila Versteeg)
[Journal] [SSRN] [Supplementary Materials] [Blog Post]
An Empirical Study of Political Bias in Legal Scholarship
Journal of Legal Studies 44(2): 277-314 (2015) (with Eric Posner)
[Journal] [SSRN] [Blog Post]
Challenging the Randomness of Panel Assignments in the Federal Courts of Appeals
Cornell Law Review 101(1): 1-56 (2015) (with Marin Levy)
[Journal] [SSRN]
Foreign Sovereign Immunity and Comparative Institutional Competence
University of Pennsylvania Law Review 163(2): 411-486 (2015) (with Chris Whytock)
[Journal] [SSRN] [Blog Post]
The Political Economy of Inward FDI: Opposition to Chinese Mergers & Acquisitions
Chinese Journal of International Politics 8(1): 27-57 (2015) (with Dustin Tingley, Christopher Xu, & Helen Milner)
[Journal] [SSRN] [Replication Materials] [Blog Post]
The Laws of War and Public Opinion: An Experimental Study
Journal of Institutional & Theoretical Economics 171(1): 181-201 (2015)
[Journal] [SSRN] [Replication Materials] [Response by Beth Simmons] [Response by Anne van Aaken]
Supplying Compliance: Why and When the US Complies with WTO Rulings
Yale Journal of International Law 39(2): 201-246 (2014) (with Rachel Brewster)
[Journal] [SSRN] [Replication Materials] [Blog Post]
The Influence of International Human Rights Agreements on Public Opinion: An Experimental Study
Chicago Journal of International Law 15(1): 110-137 (2014)
[Journal] [SSRN] [Replication Materials]
Why the Study of International Law Needs Experiments
Columbia Journal of Transnational Law 52(1): 172-237 (2013) (with Dustin Tingley)
[Journal] [SSRN] [Replication Materials]
The Doctrinal Paradox & International Law
University of Pennsylvania Journal of International Law 34(1): 67-137 (2012) (with Dustin Tingley)
[Journal] [SSRN] [Blog Post]
The Earned Income Tax Credit, Low-Income Workers, and the Legal Aid Community
Columbia Journal of Tax Law 3(2): 177-214 (2012) (with Josh Boehm & Jonathan Schneller)
[Journal] [SSRN]
Equality, Procedural Justice, and the World Trade Organization
Intercultural Human Rights Law Review 7: 277-328 (2012) (with Ryan Davis)
[Journal] [SSRN]
Academic Essays, Comments, and Book Reviews
Social Rights Scapegoating
Global Constitutionalism 13(1): 220-227 (2024) (with Cristián Eyzaguirre and Mila Versteeg)
[Journal] [SSRN]
Beyond Constitutional Rights
Jerusalem Review of Legal Studies 28(1): 40-47 (2023) (with Mila Versteeg)
[Journal]
Legal Origins and Human Rights Law
Rutgers International Law and Human Rights Journal 3(3): 26-48 (2023) (with Mila Versteeg)
[Journal] [SSRN] [Replication Data]
Introduction: A Second Wave of Comparative Constitutional Studies
Journal of Legal Studies 51(2): 321-328 (2022) (with Mila Versteeg)
[Journal]
Measurement and Causal Identification in Constitutional Law: A Reply to Niels Petersen and Konstantin Chatziathanasiou
International Journal of Constitutional Law 19(5): 1842-1853 (2021) (with Mila Versteeg)
[Journal]
Empirical Constitutional Studies: Future Directions
University of Chicago Law Review Online (2021) (with Mila Versteeg)
[Journal]
What Should Law School Rankings Measure and How Should We Measure it: A Comment on Heald & Sichelman's Rankings
Jurimetrics 60(1): 61-67 (2019) (with Jonathan Masur)
[Journal] [SSRN]
Country Specific Investments and the Rights of Non-Citizens
Virginia Journal of International Law 57(3): 575-589 (2018) (with Eric Posner)
[Journal] [SSRN]
The Optimal Design of Guest Worker Programs: An Introduction
Journal of Legal Studies 47(S1): 1-4 (2018) (with Tom Ginsburg & Eric Posner)
[Journal]
Book Review (Reviewing Barbara Koremenos, The Continent of International Law: Explaining Agreement Design)
American Journal of International Law 111(3): 801-805 (2017)
[Journal]
Experimentally Testing the Effectiveness of Human Rights Treaties
Chicago Journal of International Law 18(1): 164-185 (2017)
[Journal] [SSRN]
A Call for Developing a Field of Positive Legal Methodology
University of Chicago Law Review 84(1): 1-5 (2017) (with Will Baude & Anup Malani)
[Journal]
Has Trump's Promised Assault on International Law Materialized?
2017 U. Ill. L. Rev. Online: Trump 100 Days (April 29, 2017)
[Journal]
Did the Creation of the United Nations Human Rights Council Produce a Better “Jury”?
Harvard International Law Journal 58: Online Journal (2016) (with Robert Golan-Vilella)
[Journal] [SSRN] [Replication Materials] [Blog Post]
Reconsidering the Motivations of the United States' Bilateral Investment Treaty Program
American Society of International Law Proceedings 108: 373-376 (2015)
[Journal] [SSRN]
A Reply to Dworkin's New Theory of International Law
University of Chicago Law Review Dialogue 80: 105-115 (2013)
[Journal] [SSRN]
Brazil's Pregnancy Registration Requirement and International Commitments to the Rights of Women
Journal of Law, Medicine & Ethics 40(3): 696-700 (2012)
[Journal]
Book Review (reviewing Charles R. Beitz, The Idea of Human Rights)
Harvard Human Rights Journal 25(1): 237-239 (2012)
[Journal]
India's Evolving Patent Laws and WTO Obligations: Rejection of Abbott Laboratories' Application for a New Kaletra Patent
Journal of Law, Medicine & Ethics 39(2): 296-300 (2011)
[Journal]
Book Review (reviewing Beth A. Simmons, Mobilizing for Human Rights: International Law in Domestic Politics)
Harvard Human Rights Journal 24(1): 243-244 (2011)
[Journal]
Other Writing
The Empirical Case for Supreme Court Term Limits
Washington Monthly, July 30, 2024 (with Daniel Epps, Kyle Rozema, & Maya Sen) [Website]
Does Campus Diversity Justify Affirmative Action? Our Study Says Yes.
Washington Post, October 19, 2022 Justin Driver, Jonathan Masur, & Kyle Rozema) [Website]
Biden’s Commission is Examining Supreme Court Term Limits. Those Could Have Unintended Consequences.
Washington Post - Monkey Cage, April 1, 2021 (with Daniel Epps, Kyle Rozema, & Maya Sen) [Website]
Red and Blue America Agree That Now Is the Time to Violate the Constitution
The Atlantic, March 25, 2020 (with Kevin Cope, Charles Crabtree, & Mila Versteeg) [Website]
Academic Highlight: The “Odd Party Out” Theory of Certiorari
SCOTUS Blog, February 21, 2020 (with Adam Bonica & Maya Sen) [Website]
Land, Politics, and Insecurity in Slums: A Photo Essay
Economic and Political Weekly (EPW), January 23, 2020 (with Shafali Sharma, Lakshmee Sharma, & Anup Malani) [Website]
The Chicago School’s Limited Influence on International Antitrust
Oxford Business Law Blog, January 6, 2020 (with Anu Bradford & Filippo Maria Lancieri) [Website]
Competitive Tension
Reuters Breakingviews, November 26, 2019 (with Anu Bradford & Katerina Linos) [Website]
Randomizing Policy and the Risk of Multiple Hypothesis Testing
The Regulatory Review, November 20, 2019 [Website]
Trump Just Blocked a Chinese Takeover of a Sensitive U.S. Company. Here’s What’s Going On.
Washington Post - Monkey Cage, September 15, 2017 (with Helen Milner & Dustin Tingley) [Website]
The Political Donations Made by Robert Mueller's Team Are Not Evidence of Bias
LA Times, July 28, 2017 (with Adam Bonica & Maya Sen) [Website]
The Potential Silver Lining in Trump's Travel Ban
Washington Post, July 5, 2017 (with Genevieve Lakier) [Website]
Using Experiments to Improve Women's Rights in Pakistan
openDemocracy, May 3, 2017 (with Gulnaz Anjum) [Website]
New Data Show How Liberal Merrick Garland Really Is
Washington Post - Monkey Cage, March 30, 2016 (with Adam Bonica, Jacob Goldin, Kyle Rozema, & Maya Sen) [Website]
Gaming the Laws of War
The New Rambler, July 2, 2015 [Website]
The Failure of Constitutional Torture Prohibitions
Washington Post - Monkey Cage, April 25, 2015 (with Mila Versteeg) [Website]
Rappers v. Scotus
Slate, June 13, 2014 (with Kevin Jaing & Eric Posner) [Website]