"Leviathan and Interpretive Revolution: The Administrative State, the Judiciary, and the Rise of Legislative History, 1890-1950,” Yale Law Journal 123 (2013): 266-411.
"Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United States," in Comparative Administrative Law, ed. Susan Rose-Ackerman and Peter L. Lindseth (Cheltenham, UK: Edward Elgar, 2010).
"The De-Privatization of American Warfare: How the U.S. Government Used, Regulated, and Ultimately Abandoned Privateering in the Nineteenth Century," Yale Journal of Law and the Humanities 19 (2007): 1-96.
"Impartial Decisionmaker," in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge, 2006), 2: 798-801.
"‘The Government at the Mercy of Its Contractors’: How the New Deal Lawyers Reshaped the Common Law to Challenge the Defense Industry in World War II," Hastings Law Journal 57 (2005): 93-197.
"Lincoln’s Calvinist Transformation: Emancipation and War," Civil War History 46 (2000): 227-253.