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Publications

Book

Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (New Haven: Yale University Press, 2013).

Academic Articles

“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.

“‘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. Republished in On Lincoln, ed. John T. Hubbell (Kent, OH: Kent State University Press, 2014), volume 3 of Civil War History Readers (“a multivolume series reintroducing the most influential articles published in the journal”).

Casebook

Administrative Law: The American Public Law System: Cases and Materials, 7th ed. (St. Paul, MN: West, 2014) (with Mariano-Florentino Cuéllar, M. Elizabeth Magill, Jerry L. Mashaw, Richard A. Merrill, and Peter M. Shane).

Short Pieces and Blog Posts

“The Banishment of the Profit Motive from American Government—and Its Return?” Balkinization, June 12, 2014.

“American Fiscal State-Building, Crisis, and Contingency,” PrawfsBlawg, Symposium on Ajay Mehrotra’s Making the Modern American Fiscal State, June 10, 2014.

“What Is the Future of Scholarly Books in the Digital Age?” Legal History Blog, Nov. 26, 2013.

“Researching State Legislative Records: The Biggest Obstacle in American Legal History,” Legal History Blog, Nov. 13, 2013.

“Impartial Decisionmaker,” in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge, 2006), 2: 798-801.