Faculty Publications List

Winter 2009

Winter 2009


The Future of Our Society” (President's Address, Annual Meeting) forthcoming in American Society of International Law, Proceedings of the 102nd Annual Meeting (2009)

“The Schizophrenias of R2P” in Human Rights, Intervention, and the Use of Force (Philip Alston and Euan MacDonald, eds.) (2008) 

“Progress in International Law?” (foreword) in Progress in International Law (Russell A. Miller and Rebecca M. Bratspies, eds.) (2008)

“Book Review of Gus Van Harten, Investment Treaty Arbitration and Public Law” forthcoming in the American Journal of International Law (2009)

The Argentine Crisis and Foreign Investors: A Glimpse into the Heart of the Investment Regime” (with Kathryn Khamsi) forthcoming in Yearbook of International Investment Law & Policy (2009) (available in draft form as a Working Paper in the NYU International Institute of International Law & Justice series) 

“The Internationalization of U.S. Law” forthcoming in the Columbia Journal of Transnational Law (2009)

“Implications for the Future of International Investment Law” in Coherence and Consistency in International Investment Law (Karl P. Sauvant, ed.) (Oxford: 2008)

“Alternatives to International Criminal Justice” forthcoming in The Oxford Companion to International Criminal Justice (Antonio Cassese, ed.) (2009)

Affiliated Columbia Medical School Faculty

Schwartz V, Appelbaum PS. “Monitoring the informed consent process: Improving the quality of informed consent to research.” IRB: Ethics and Human Research 2008; 30(5):19-20. 
Appelbaum PS, Le Melle S: “Techniques used by assertive community treatment (ACT) teams to encourage adherence: patient and staff perceptions.” Community Mental Health Journal 2008; 44:459-464.
Appelbaum PS, Lidz CW, Klitzman R: “Voluntariness of consent to research: a conceptual model.” Hastings Center Report 2009; 39(1):30-39.
Appelbaum PS: “A fool for a client? Mental illness and the right of self-representation.” Psychiatric Services 2008;59:1096-1098.
Appelbaum PS: “Through a glass darkly: functional neuroimaging evidence enters the courtroom.” Psychiatric Services 2009;60:21-23.
Jeste DV, Palmer BW, Golshan S,.Eyler LT, Dunn LB, Meeks T, Glorioso D, Fellows I, Kraemer H, Appelbaum PS. “Multimedia consent for research in people with schizophrenia and normal subjects: a randomized controlled trial.” Schizophrenia Bulletin (in press).
Klitzman R, Zolovska B, Folberth W, Sauer MV, Chung W, Appelbaum P. “Preimplantation genetic diagnosis (PGD) on in-vitro fertilization (IVF) websites: presentations of risks, benefits and other information.” Fertility and Sterility (in press). 
Lui VWC, Lam LCW, Luk DNY, Wong LHL, Tam CWC, Chiu HFK, Appelbaum PS: “Capacity to make treatment decisions in Chinese older persons with very mild dementia and mild Alzheimer’s disease.” American Journal of Geriatric Psychiatry (in press).
Kim SYH, Kim HM, Langa KM, Karlawish JHT, Knopman DS, Appelbaum PS: “Surrogate consent for dementia research: a national survey of older Americans.” Neurology (in press).
Appelbaum PS: Foreword, forthcoming in Sex Offenders: Identification, Risk Assessment, Treatment, and Legal Issues (Saleh F, Grudzinskas A, Bradford J, Brodsky D, eds.) (Oxford University Press: 2009)
Appelbaum PS: “Decisional vs. performative capacities: not exactly a new idea.” American Journal of Bioethics (in press).



“Legislative Supremacy in the United States? Rethinking the Enrolled Bill Doctrine” in the Georgetown Law Journal (2009)


Administrative Law of the European Union (American Bar Association: 2008)

ALI Restatement of US Law of International Commercial Arbitration (ongoing as chief reporter)

Introduction to French Law (with Etienne Picard) (Kluwer Law International: 2008)

WTO Law and Developing Countries (with P. Mavroidis) (Cambridge University Press: 2008) (volume 2 in Columbia Studies in WTO Law and Policy)

Cases and Materials on European Union Law, 3d edition, forthcoming (West Publishing: 2009)

“Jurisdiction: Courts versus Arbitrators” forthcoming in International Commercial Arbitration in New York (J.Carter & J. Fellas, eds.) (Oxford: 2009)

“Mandatory Rules of Law in International Arbitration” in the American Review of International Arbitration (2008)

The Law and Economics of Contingent Protection (with Mavroidis & Bagwell) forthcoming (Cambridge University Press: 2009) (volume 3 in Columbia Studies in WTO Law and Policy)

French Business Law in Translation (with P. Kirch) 2d edition (Juris Publishing: 2008)

“The Allocation of Jurisdiction between Arbitrators and Courts” (festschrift for Pierre Tercier) (Moncretien 2008)

“The Emergence of Transatlantic Regulation” in The Move to an Integrated Adminsitration (Hoffman & Turk, eds.) (Elgar Publishing: 2008)

“La Concertation reglementaire transatalantique” (festschrift for Helene Gaudemet-Tallon) (Dalloz: 2008)


“Jessica Gonzales v. United States: An Emerging Model for Domestic Violence & Human Rights Advocacy in the United States,” in the Harvard Human Rights Journal (2008)

 “Human Rights At Home: Domestic Violence as a Human Rights Violation” in the Columbia Human Rights Law Review (2008) (Symposium Edition: Human Rights in the United States: A Special Issue Celebrating the 10th Anniversary of the Human Rights Institute at Columbia Law School).

“The Inter-American Human Rights System: A Primer” forthcoming in the Clearinghouse Review (2009)


“John Rutledge” in Encyclopedia of the Supreme Court of the United States (2008)

“Hayburn's Case, 2 U.S 409 (1792)” in Encyclopedia of the Supreme Court of the United States (2008)

“Rescuing Lord Campbell” in Columbia Law School Sesquicentennial Essays


"A Convenient Constitution? Extraterritoriality after Boumediene" in the Columbia Law Review (2009).

"Los Casos Insulares: Doctrina Desanexionista" (with Adriel Cepeda Derieux) in Revista Juridica Universidad de Puerto Rico (2009).

"Empire and the Transformation of Citizenship" in Colonial Crucible: Empire and the Making of the Modern American State, Alfred W. McCoy & Francisco A. Scarano, eds. (2009)


Striking First: Preemption and Prevention in International Conflict, (The Tanner Lectures in Human Values), Stephen Macedo, ed., with commentary by Harold Koh, Richard Tuck and Jeff McMahan (Princeton: 2008)

“Liberalism and Foreign Policy,” in Steve Smith, Amelia Hadfield and Tim Dunne, eds., Foreign Policy: Theories, Actors, Cases (Oxford: 2008)

“Sovereignty and Humanitarian Military Intervention,” in A Companion to Contemporary Political Philosophy, 2d ed, Robert Goodin, P. Pettit and T. Pogge, eds., (Oxford: 2008)

“Silence of the Laws? Conceptions of International Relations and International Law in Hobbes, Kant and Locke,” with Geoffrey Carlson, Columbia Journal of Transnational Law (2008)


“Street Stops and Broken Windows Revisited: Race and Order Maintenance Policing in a Safe and Changing City,” forthcoming in Exploring Race, Ethnicity and Policing: Essential Readings, S. Rice and M. White, eds. (New York University Press: 2009)

“Executions and Homicide: A Tale of Two Cities,” with F.E. Zimring and D.T. Johnson,  forthcoming in Journal of Empirical Legal Studies (2009)

“Model Uncertainty and the Deterrent Effect of Capital Punishment,” with E. Cohen-Cole, S. Durlauf, S.D., forthcoming in American Law & Economics Review (2009)

“Crime and Neighborhood Change,” in Understanding Crime Trends, A. Goldberger and R. Rosenfeld, eds., (National Academies Press: 2008)

“Juvenile Crime and Criminal Justice: Resolving Border Disputes,” in Future of Children (2008)

Punishment, Deterrence and Social Control: The Paradox of Punishment in Minority Communities,” with T. Meares, in Ohio State Journal of Criminal Law (2008)

“Legitimacy and Criminal Justice: Introduction to the Symposium,” in Ohio State Journal of Criminal Law (2008)

“Legitimacy, Compliance and Cooperation:  Procedural Justice and Citizen Ties to the Law, with T. Tyler, in Ohio State Journal of Criminal Law (2008)


Tort Liability for Human Rights Abuses (Hart Publishing: 2008)


“The Bretton Woods-GATT System After Sixty-Five Years: A Balance Sheet of Success and Failure” in the Columbia Journal of Transnational Law (2009)


“Overcoming Cultural Blindness in International Clinical Collaboration: The Divide Between Civil and Common Law Cultures and Its Implications for Clinical Education” in the Clinical Law Review (2008)


“The Effect of NEPA Outside the Courtroom,” forthcoming in the Environmental Law Reporter
"Greenhouse Gases: Emerging Standards for Impact Review," New York Law Journal, March 27, 2009
“NEPA and Its Progeny,” forthcoming in the Climate Change Reader, William R. Rodgers, Jr. & Michael J. Robinson-Dorn, eds.
Taking Action in New York on Climate Change (New York State Bar Association, Task Force on Global Warming) (Chair), January 2009

The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks (with Sheila R. Foster) 2d edition (American Bar Association: 2008)

Environmental Law Practice Guide, update (LexisNexis: 2008)


"User-Generated Content Sites and Section 512 of the US Copyright Act," in Copyright Enforcement in Cyberspace, Irini Stamatudi, ed., forthcoming (Kluwer 2009)

"The Author’s Place in the Future of Copyright” forthcoming in the Willamette Law Review (2009)

"Envisioning Intellectual Property Rights for a Global Market : Out-takes from the American Law Institute's Project on Intellectual Property : Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes," with Prof. Rochelle Dreyfuss, in Liber Amicorum François Dessemontet, forthcoming (2009)

Copyright: Cases and Materials, 2009 Supplements, with R. Anthony Reese (7th ed. 2006 Foundation Press)

Trademark and Unfair Competition Law, 2009 Supplements, with Jessica Litman and Mary L Kevlin (4th ed 2007 Foundation Press)

"Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPs?," in Working Within the Boundaries of Intellectual Property, Rochelle Cooper Dreyfuss, Harry First, Diane Leenheer Zimmerman, eds., forthcoming, Oxford University Press (2009)

"L’avenir du droit d’auteur : Un droit sans auteur?," in Communications Commerce Electronique 7 (May 2009)

"Propriété littéraire et artistique et propriété tout court : une relation ambiguë," in Droit + Ville (2008)

“Recent Developments in US Copyright – Part II, Caselaw: Exclusive Rights on the Ebb?” forthcoming in the Revue Internationale du Droit d’Auteur (2008)

“Recent Developments in US Copyright – Part I, Legislative Developments: Orphan Works” in the Revue Internationale du Droit d’Auteur (2008)

“Note sous TGI Paris 20 mai 2008, SAIF c Google” in Revue du droit des technologies de l’information (2008)


“Intersectionality in Theory and Practice” in Intersectionality and Beyond: Law, Power, and the Politics of Location (Routledge-Cavendish Press: 2009)

“Family Law Cases as Law Reform Litigation: Unrecognized Parents and the Story of Alison D. v. Virginia M.” in the Columbia Journal of Gender and Law (2008)

“Equality Opportunity: Marriage Litigation and Iowa’s Equal Protection Law” (with Sarah Hinger and Keren Zwick) in the Journal of Gender, Race & Justice (2008)

“Intuition, Morals, and the Legal Conversation About Gay Rights,” in the Nova Law Review (2008) (Leo C. Goodwin Symposium Lecture)

“Litigating Law Reform: Unrecognized Parents and the Story of Alison D. v. Virginia M.” in Family Law Stories (Foundation Press: 2008)


The Empagran Exception: Between Illinois Brick and a Hard Place,” Columbia Law and Economics Working Paper No. 345

"The Devil Made Me Do it: The Corporate Purchase of Insurance," Review of Law & Economics

"Lawyers Asleep at the Wheel? The GM-Fisher Body Contract," 17 Industrial and Corporate Change, 1071-1084

"Cleaning Up Lake River," 3 Virginia Law & Business Review 427-445.


“The Chicago School Has Made Us Too Cautious About False Positives and the Use of Section 2 of the Sherman Act” in How the Chicago School Overshot the Mark (Robert Pitofsky, ed.) (Oxford University Press: 2008)


“The Story of Unocal v. Mesa Petroleum: The Core of Takeover Law” in Corporate Law Stories (Mark Ramseyer, ed.) (2009) 


Franz Kafka: The Office Writings (with Stanley Corngold and Benno Wagner) (Princeton University Press: 2008)

The Legacy of Brown v Board of Education (with Kendall Thomas) (Twelve Tables Press: 2009)


"The 'When' of Hate Speech Regulation" in Content or Context: Rethinking Regulation and Remedies for Hate Speech, forthcoming (Cambridge: 2010)

"The So-Called Right to Privacy" forthcoming in the U.C. Davis Law Review (2010)

"Selling Originalism" in the Georgetown Law Journal (2009)

"Heller High Water? The Future of Originalism" forthcoming in the Harvard Law & Policy Review (2009)

"On the Origins of Originalism," forthcoming in the Texas Law Review (2009)


Law and Judicial Duty (Harvard: 2008)


Commons and Anticommons, forthcoming (Elgar Publishing: 2009) (two-volume edited collection with an original introductory essay)

The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation and Costs Lives (Basic Books: July 2008) (Korean translation with a new forward, March 2009; Chinese, Japanese, and Thai translations, forthcoming 2009)

Corporate Governance Lessons from Transition Economy Reforms, (co-edited with Merritt Fox) (Princeton University Press: 2006; paperback edition 2008)

Land Assembly Districts,” (with Rick Hills) in the Harvard Law Review (2008)


“The Law, Culture, and Economics of Fashion” (with Jeannie Suk) in the Stanford Law Review (2009)

"An Aggregate Approach to Antitrust: Using New Data and Rulemaking to Preserve Drug Competition" in the Columbia Law Review (2009)

"Remix in Cultural Production" (with Jeannie Suk) in the Stanford Law Review (2009)



“Procedure as Institutional Dialogue in Boumediene and the Executive Detention Cases" in the Washington Law Review (2009)


"The PTO and the Market for Influence in Patent Law" in the University of Pennsylvania Law Review (2009)

"Our Uniform Patent System" in the Federal Lawyer (2008)

“Patent Reform and Industry Lobbying” in Commercializing Innovation (F. Scott Kieff & Troy Paredes, eds.) (2009)


"Marvin Frankel: A Reformer Reassessed," in the Federal Sentencing Reporter (2009)

Affiliated Columbia University Faculty

"Performance Pay and Wage Inequality" (with Thomas Lemieux & Daniel Parent), Quarterly Journal of Economics (February 2009)

"Do No Harm? Tort Reform and Birth Outcomes" (with Janet Currie), Quarterly
Journal of Economics
, (May 2008) (One of five finalists for NIHCM Foundation’s 15th
Annual Health Care Research Award)

"Holdup and the Evolution of Bargaining Norms" (with Herbert Dawid), Games
and Economic Behavior

"On the Efficiency of Standard Form Contracts: The Case of Construction" (with Surajeet Chakravarty), forthcoming in the Rand Journal of Economics (2009)


“Patterns of Credit Card Use Among Low- and Moderate-Income Households,” in Insufficient Funds (M. Barr & R. Blank eds. 2009)


The Genesis of the GATT (with Douglas A. Irwin & Alan O. Sykes) (Cambridge University Press: 2008)


Facial and As-Applied Challenges Under the Roberts Court,” forthcoming in the Fordham Urban Law Journal (2009)

"The Constitutional Legitimacy of Freestanding Federalism," forthcoming in the Harvard Review Forum (2009)

Congressional Authority and Constitutional Default Rules in the Horizontal Federalism Context, Joint Publication of the Liman Program, Yale Law School and the State Attorneys General Program, Columbia Law School.

"Administrative Law As the New Federalism," in the Duke Law Journal (2008)


Is the U.S. Ready for FDI from China? Lessons from Japan's Experience in the 1980s,” booklet published jointly by the Vale Columbia Center on Sustainable International Investment and the U.S. Chinese Services Group of Deloitte LLP.

"Developing Takeover Policy in the United States and Japan" (in Japanese) forthcoming in Shoji Homu (2009)


“The Story of United States v. U.S. District Court (Keith):  The Surveillance Power” in Presidential Power Stories (Christopher Schroeder & Curtis Bradley, eds.) (2008)

“The State Attorney General and Preemption” in Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question (William Buzbee, ed.) (2008).


Fig Leaves and Tea Leaves in the Supreme Court's Recent Election Law Decisions” forthcoming in the Supreme Court Review (2009)

Public Opinion and Constitutional Controversy (with Jack Citrin & Patrick J. Egan) (Oxford University Press: 2008)


"Revealing Choices: Using Taxpayer Choice to Target Tax Enforcement" in Columbia Law Review (2009)


“Reasons: Explanatory and Normative” in New Essays on the Explanation of Action (C. Sandis, ed.) (Palgrave/McMillan: 2009)

Between Authority and Interpretation, forthcoming (Oxford University Press).


"Political Control of Federal Prosecutions -- Looking Back and Looking Forward" in the Duke Law Journal (2009)

"Federal Sentencing In 2007: The Supreme Court Holds -- The Center Doesn't" in the Yale Law Journal (2008)


"Preempting Discrimination: Lessons from the Genetic Information Nondiscrimination Act" in the Vanderbilt Law Review (2009)

“Accommodating the Female Body: A Disability Paradigm of Sex Discrimination” in the University of Colorado Law Review (2008)


"Contracting for Innovation: Vertical Disintergration and Interfirm Collaboration" (with Ronald J. Gilson and Robert Scott) in the Columbia Law Review (2009)

"A Fugitive Success: Finland's Economic Future" (with AnnaLee Saxenian), report for Finnish National Fund for Research and Development (2008)

"Roepke Lecture in Economic Geography Venture Capital in the “Periphery”: The New Argonauts,Global Search, and Local Institution Building" (with AnnaLee Saxenian),  Economic Geography (2008)

"Learning from Difference:  the New Architecture of Experimentalist Governance in the European Union" (with Jonathan Zeitlin), European Law Journal (2008)


“Seeing and Believing: Mandatory Ultrasound and the Path to a Protected Choice” in the University of California at Los Angeles Law Review (2008)

Lecturer-in-Law, Research Scholar

The Rise of Transnational Corporations From Emerging Markets: Threat or Opportunity? (with Kristin Mendoza & Irmak Ince) (Elgar Publishing: 2008)


"Surrogacy and the Politics of Commodification" in the Journal of Law & Contemporary Problems (2009)

Rethinking Juvenile Justice (with Laurence Steinberg) (Harvard: 2008)

“Adolescence and the Regulation of Youth Crime” (with Laurence Steinberg) in The Future of Children (2008)


"Market Damages, Efficient Contracting, and the Economic Waste Fallacy" (with Alan Schwartz) in the Columbia Law Review (2009)

Contracting for Innovation: Vertical Disintegration and Interfirm Collaboration, 109 Colum. L. Rev. 431 (2009) (with Ronald G. Gilson & Charles F. Sabel)


Chevron's Two Steps” (with Kenneth Bamberger) in the University of Virginia Law Review (2009)

"Legislation that Isn't: Accommodating Rulemaking's 'Democracy Deficit,'" forthcoming in the California Law Review (2009).

The Fetha Nagast: The Law of the Kings (with Abba Paulos Tzadua, translator) (Carolina Academic Press: 2008)

“Some Contemporary Issues in American Rulemaking” in La transformación del Procedimiento Administrativo (Javier Barnes, ed.) (Global Law Press: 2008)

“On Capturing the Possible Significance of Institutional Design and Ethos” forthcoming in the Administrative Law Review

Rulemaking and the American Constitution forthcoming (University College London)


"United States Detention Operations in Afghanistan and the Law of Armed Conflict," in the Israel Yearbook on Human Rights (2009)

“Administrative Detention of Terrorists: Why Detain, and Detain Whom?” in the Journal of National Security Law & Policy (2009)

“Detention as Targeting: Standards of Certainty and Detention of Suspected Terrorists” in the Columbia Law Review (2008)