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My primary scholarly interests are constitutional law and law and economics. My constitutional scholarship follows a holistic, formal approach, probing theory and structure to help answer big-picture, fundamental questions that transcend any one part of the document—or of the system—and give different parts unifying context. My constitutional interests also include speech, with a focus on obscenity, pornography, and other forms of expression often deemed low-value. My law-and-economics scholarship explores the relationship between microeconomic theory and law. It treats this relationship as a two-way street: It extends beyond the economic analysis of law—which confines much law-and-economics scholarship—to give law its own force where due. In so doing, it does not make economic theory the unqualified yardstick; rather, it looks to both economics and law—and what each might teach the other—to identify and solve legal problems.

 
 

☞ Law review articles

The Criminal Contract Conundrum: A Solution to a Clash of Values

92 Miss. L.J. 379 (2023)

CONTRACT LAW, CRIMINAL LAW, LAW & ECONOMICS

The law of illegal contracts is inefficient. The law-and-economics literature that has analyzed this area is incomplete because it is misguided. It argues that the law of illegal contracts is efficient in the limited sense of achieving the efficient deterrence of criminal conduct. That misses a more fundamental point. Extending and correcting this law-and-economics approach, I argue that the law is inefficient—in a more complete and more fundamental sense. Even if it achieves, in the least costly way, the deterrence of criminal conduct, that’s no good, because that goal doesn’t maximize welfare: That goal is itself inefficient; achieving it efficiently is no feather in efficiency’s cap. I propose a novel reform—based on a precise, intricate analysis of the incentives that damages and penalties create—that gets closer to efficiency.  And my proposal serves the purpose and spirit of contract law better than today’s doctrine.

THE CERTAINTY-SEVERITY TRADEOFF IN ANTITRUST LAW & ADMINISTRATION: WHERE THE U.S. & INDIA DIFFER

46 HASTINGS INT’L & COMP. L. REV. 39 (2023)

ANTITRUST LAW, COMPARATIVE LAW, LAW & ECONOMICS

I use the certainty-severity tradeoff as my analytical lens—a novel move in antitrust—to explain the difference between U.S. and Indian antitrust law: India prefers certainty of enforcement while the U.S. prefers severity of enforcement. This difference is not driven by doctrine; rather, I locate it in six key institutional, administrative factors. And applying microeconomic theory, I argue that a difference in attitudes to risk could explain—and justify—this difference in law.

STAR CHAMBER IN CONTEXT

5 Indon. J. Int'l & Comp. L. 75 (2018)

LEGAL HISTORY, ENGLISH LAW

Star Chamber—a relic of the English court system shrouded in much mystery and misconception—used discretion with abandon, yet not in ways that set it apart from the rest of the early modern English legal system. The popular label to the contrary is a myth. Historians have partly debunked this myth. I further debunk it, and differently: I use the interaction—and tradeoff—between power and justice as my analytical lens, to reveal deep parallels between Star Chamber and the common law criminal justice system. Similar goals underlay both realms, uniting them. Only one survived, but both were products of the same age and philosophy.

☞ Casebook

THE U.S. CONSTITUTION AND COMPARATIVE CONSTITUTIONAL LAW: TEXTS, CASES, AND MATERIALS

WITH STEVEN CALABRESI, ET AL.

2d ed., University Casebook Series | forthcOMing

constitutional law, comparative law

This casebook focuses on the 15 constitutional democracies in the G-20 Nations: the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, Brazil, South Korea, South Africa, Indonesia, Mexico, and the European Union. Substantively, this casebook compares the constitutional law of the selected countries with respect to fourteen topics: constitutionalism: constitutional history, constitution-making, amendment, and secession rules; the emergence and nature of judicial review; the separation of powers, bicameralism, and comparative administrative law; federalism; bills of rights, birthright freedom and equality, and human dignity; equal protection of the laws; freedom of expression; freedom of religion; civil, criminal, and appellate procedure; protection of economic liberties; positive social entitlements and state action; and constitutional guarantees of democracy. It concludes with ideas that are of particular relevance to U.S. constitutional law.

☞ Treatises & RELATED ARTICLES

editorial & research contributions 

Antitrust Law Developments (Vols. 1-2, American Bar Association Publishing 2022) 

Advising Private Funds (Sec. L. Handbook Series 2021-22)

KYOKO TAKAHASHI LIN & RORY A. LERARIS, DIRECTOR INDEPENDENCE, 58 REV. SEC. & COMMODITIES REG. _ (FORTHCOMING 2025)

☞ popular press

editorial & research contributions 

Norman Silber, Outside In: The Oral History of Guido Calabresi

Vols. 1-2, Oxford Univ. Press 2023 

Edited the Hon. Judge Guido Calabresi’s narrative about his life—as a student at Yale College and Yale Law School, a professor at Yale Law, the Dean of Yale Law, and a judge on the Court of Appeals for the Second Circuit. Wrote supplementing commentary. Researched major schools of legal thought (formalism, realism, process, law & economics); theories of legal teaching; theories of judging; Yale’s intellectual and institutional history; Yale Law’s deans; free speech at Yale; Judge Calabresi’s scholarship and jurisprudence, with a focus on torts and strategic dialogue within courts, between courts, and among branches.

☞ Selected working papers  

Obscenity Law Unmasked and Unraveled

A Theory of Constitutional Change with Applications

When Is and When Isn’t a Corporation a Constitutional Person? A Holistic Analysis

The Cold Call Reconsidered: A Survey and Analysis of Teaching Styles at Yale Law School

Looks Matter: How Images Shape Public Opinion and Power 

 
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