"The Sovereign Rating Regulatory Dilemma," in Emerging Markets and Sovereign Risk, p. 118-152. Ed. by Nigel Finch. Basingstoke: Palgrave Macmillan, 2014.

"Downgrading Rating Agency Reform," 81 The George Washington Law Review 749-812 (2013).

Available at:

Reprinted 2014 Securities Law Review, ed. by Daniel C. Langevoort.

"Insuring Against a Derivative Disaster: The Case for Decentralized Risk Management," 98 Iowa Law Review 1575-1627 (2013).

"The Merger Agreement Myth," 98 Cornell Law Review 1143-1188 (2013).

Reprinted in 2014 Corporate Practice Commentator," ed. by Robert Thompson.

"Transforming Bailouts Into Investments: A Proposal for the Creation of the Federal Government Investment Corporation," in Financial Crisis Containment and Government Guarantees, p. 189-204. Ed. by John Raymond LaBrosse, Rodrigo Olivares-Caminal, and Dalvinder Singh. Cheltenham; Northampton, MA: Edward Elgar, 2013.

"Building Better Bailouts: The Case for a Long-Term Investment Approach," 63 Florida Law Review 1349-1406 (2011).

"Rating Risk After the Subprime Mortgage Crisis: A User Fee Approach for Rating Agency Accountability," 87 North Carolina Law Review 1011-1089 (2009).

"Private Monitoring of Gatekeepers: The Case of Immigration Enforcement," 2006 University of Illinois Law Review 887-973.

"Liberty Takings: A Framework for Compensating Pretrial Detainees," 26 Cardozo Law Review 1947-2021 (2005).

"Note, Insuring Against Terror: A Critique of Federal Terrorism Reinsurance," 112 Yale Law Journal 2509-2551 (2003).

"Comment, Reorganization as a Substitute for Reform: The Abolition of the INS," 112 Yale Law Journal 145-152 (2002).


"Putting Anti-Trust in Rating Agency Reform," Asset Securitization Report, Aug. 29, 2013.

"Break Up the Ratings Oligopoly!," Bloomberg (Feb. 18, 2013),

"The Revenge of the Rating Agencies," Op-Ed., New York Times (Aug. 9, 2011),

"Viewpoint: A New Model for Derivatives Risk," American Banker (June 3, 2010), at 8.