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Delegation and the Continuity Thesis, 40 Law and Philosophy 645 (2021)

Pernicious Loyalty, 62 William & Mary Law Review 1187 (2021)

The Internal Limits on Fiduciary Loyalty, 65 American Journal of Jurisprudence 65 (2020)

Sizing Up Private Law, 70 University of Toronto Law Journal 489 (2020) (with Henry Smith)

From Loyalty to Justice, 70 American University Law Review Forum 65 (2020)

Review of Stephen Smith, Rights, Wrongs, and Injustices: The Structure of Remedial Law, 79 Cambridge Law Journal 615 (2020) (book review)

Contract, Promise, and the Right of Redress, 9 William & Mary Business Law Review 389 (2018)

Private Rights and Private Wrongs, 115 Michigan Law Review 1071 (2017)

Purposive Loyalty, 74 Washington & Lee Law Review 881 (2017)

Fiduciary Governance, 57 William and Mary Law Review 513 (2015) (with Paul Miller)

A Theory of Redressive Justice, 64 University of Toronto Law Journal 159 (2014)

On Selling Civil Recourse, 63 DePaul Law Review 485 (2014)

Reflections on the State as Fiduciary, 63 University of Toronto Law Journal 655 (2013)

Dynamic Fiduciary Duties, 34 Cardozo Law Review 491 (2012)

Theories of the Firm and Judicial Uncertainty, 35 Seattle University Law Review 1087 (2012)

The Taxonomy of Civil Recourse, 39 Florida State University Law Review 65 (2011)

A Moral Rights Theory of Private Law, 52 William and Mary Law Review 1873 (2011)

A Property Theory of Contract, 103 Northwestern University Law Review 1 (2009)

The New Concept of Loyalty in Corporate Law, 43 University of California Davis Law Review 457 (2009)

Experimenting with the Lead Plaintiff Selection Process in Securities Class Actions: A Suggestion for PSLRA Reform, 57 DePaul University Law Review 447 (2008)

A Decision Theory Approach to the Business Judgment Rule: Reflections on Disney, Good Faith, and Judicial Uncertainty, 66 Maryland Law Review 398 (2007)

Absurd Results, Scrivener's Errors, and Statutory Interpretation, 75 University of Cincinnati Law Review 25 (2006)

On the Elimination of Fiduciary Duties: A Theory of Good Faith for Unincorporated Firms, 41 Wake Forest Law Review 123 (2006)

Reassessing the Scope of Conduct Prohibited by Section 10(b) and the Elements of Rule 10b-5: Reflections on Securities Fraud and Secondary Actors, 53 Catholic University Law Review 667 (2004)

The Diminishing Equivalence Between Regulatory and Physical Takings, 107 Dickinson Law Review 571 (2003)

Regulatory Takings and Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", 49 American University Law Review 181 (1999)

Formalism and State Sovereignty in Printz v. United States: Cooperation by Consent, 22 Harvard Journal of Law & Public Policy 247 (1998)

The American Law Institute: A Centennial History (with Robert W. Gordon, eds., 2023)

The Oxford Handbook of The New Private Law (with John Goldberg, Dan Kelly, Emily Sherwin, and Henry Smith, eds., 2020)

The Right of Redress (2020)

Research Handbook on Fiduciary Law (with D. Gordon Smith, eds., 2018)

Fiduciary Government (with Evan Criddle, Evan Fox-Decent, Sung Hui Kim, and Paul Miller, eds., 2018)

Fiduciary Law: Cases and Materials (with Evan Criddle, Paul Miller, and Gordon Smith) (forthcoming)

Contract, Status, and Fiduciary Law (with Paul Miller, eds., 2017)

Philosophical Foundations of Fiduciary Law (with Paul Miller, eds., 2014)

The State as a Wrongful Fiduciary, in Fiduciary Government (Evan Criddle et al., eds., Cambridge University Press, 2018)

Interpreting Fiduciary Law, in Research Handbook on Fiduciary Law (ed., with D. Gordon Smith, Elgar Publishing, 2018)

Scaling Up Legal Relationships (with Henry Smith), in The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentaries (Shyam Balganesh, Ted Sichelman, & Henry Smith, eds.) (forthcoming)

Justice, Redress, and the Right to Do Wrong, in Equitable Compensation and Disgorgement of Profit (Simone Degeling & Jason Varuhas, eds., 2017)

Accommodating Loyalty, in Contract, Status, and Fiduciary Law (ed., with Paul Miller, Oxford University Press, 2016)

Consideration and the Morality of Promising, in Exploring Contract Law (Jason Neyers, et al., eds., 2013)

Expressive Remedies in Private Law, in Remedies and Property (François Lichère & Russell Weaver, eds., 2013)