Joseph Blocher

Duke University School of Law

Professor

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

28

DOWNLOADS
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4,389

CITATIONS
Rank 40,246

SSRN RANKINGS

Top 40,246

in Total Papers Citations

4

Scholarly Papers (28)

1.

A Market for Sovereign Control

Duke Law Journal, Forthcoming
Number of pages: 40 Posted: 02 Feb 2015 Last Revised: 12 Apr 2016
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 340 (46,789)

Abstract:

international law, secession, market for control, sovereign debt

2.

Selling State Borders

162 U. Pa. L. Rev. 241 (2014)
Number of pages: 65 Posted: 30 Jan 2013 Last Revised: 22 Dec 2015
Joseph Blocher
Duke University School of Law
Downloads 330 (71,881)

Abstract:

Borders, Interstate Compacts, Federalism, Alienability, Commodification, Sovereignty

3.

Institutions in the Marketplace of Ideas

Duke Law Journal, Vol. 57, No. 4, February 2008
Number of pages: 69 Posted: 27 Aug 2007 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 287 (84,781)
Citation 1

Abstract:

First Amendment, New Institutional Economics, Free Speech, Marketplace of Ideas

4.

Building on Custom: Land Tenure Policy and Economic Development in Ghana

Yale Human Rights and Development Law Journal, Vol. 9, p. 177, 2006
Number of pages: 37 Posted: 11 May 2007
Joseph Blocher
Duke University School of Law
Downloads 221 (97,562)
Citation 1

Abstract:

Law and Development, Ghana, Law and Economics, Property, Customary Law

5.

The Right Not to Keep or Bear Arms

Stanford Law Review, Vol. 64, pg.1, 2012
Number of pages: 54 Posted: 21 Oct 2011 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 209 (94,953)

Abstract:

Second Amendment, First Amendment, Heller v. District of Columbia

6.

School Naming Rights and the First Amendment's Perfect Storm

Georgetown Law Journal, Vol. 96, 2007
Number of pages: 59 Posted: 14 Mar 2007
Joseph Blocher
Duke University School of Law
Downloads 202 (114,597)

Abstract:

First Amendment, Commercial Speech, Government Speech, School Law

7.

Rights To and Not To

100 Cal. L. Rev. 761 (2012)
Number of pages: 56 Posted: 12 Sep 2011 Last Revised: 22 Dec 2015
Joseph Blocher
Duke University School of Law
Downloads 182 (126,618)

Abstract:

Constitutional law, rights, autonomy

8.

Combatant Status Review Tribunals: Flawed Answers to the Wrong Question

Yale Law Journal, Vol. 116, p. 667, 2006
Number of pages: 8 Posted: 20 Mar 2007
Joseph Blocher
Duke University School of Law
Downloads 164 (147,531)
Citation 1

Abstract:

Guantanamo, Combatant Status Review Tribunal, Prisoner of War, Geneva Convention

9.

Ukraine and Russia: 'You Break It, You Bought It'

Financial History, p. 28, Fall 2014
Number of pages: 5 Posted: 22 Oct 2014
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 136 (146,745)

Abstract:

market for sovereign control, secession, international law

10.

Schrödinger’s Cross: The Quantum Mechanics of the Establishment Clause

Virginia Law Review, Forthcoming
Number of pages: 7 Posted: 23 Aug 2010
Joseph Blocher
Duke University School of Law
Downloads 123 (184,116)

Abstract:

Establishment Clause, First Amendment, endorsement test, Schrodinger

11.

Reverse Incorporation of State Constitutional Law

Southern California Law Review, Vol. 84, pg. 323, 2011
Number of pages: 64 Posted: 05 Aug 2010 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 99 (212,898)

Abstract:

Constitutional law, constitutional interpretation, state constitutional law

12.
Downloads 93 (237,497)

Markets and Sovereignty

Osgoode Hall Law Journal, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2016-36
Number of pages: 18 Posted: 13 Jun 2016 Last Revised: 08 Oct 2016
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 48 (345,301)

Abstract:

commodification, inalienability, sovereignty, the market for sovereign control

Markets and Sovereignty

Osgoode Legal Studies Research Paper No. 19/2017, Duke Law School Public Law & Legal Theory Series No. 2017-16
Number of pages: 22 Posted: 25 Jan 2017 Last Revised: 08 Feb 2017
G. Mitu Gulati and Joseph Blocher
Duke University School of Law and Duke University School of Law
Downloads 45 (354,983)

Abstract:

Sovereignty, markets

13.

Private Business as Public Good: Hotel Development and Kelo

Yale Law & Policy Review, Vol. 24, No. 363, 2006
Number of pages: 36 Posted: 13 Dec 2007
Joseph Blocher
Duke University School of Law
Downloads 90 (229,385)

Abstract:

public good, hotel, kelo, economic development, eminent domain, externality, subsidy

14.

Government Viewpoint and Government Speech

Boston College Law Review, Vol. 52, 2011
Number of pages: 74 Posted: 06 Aug 2010 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 87 (229,385)

Abstract:

First Amendment, government speech

15.

Popular Constitutionalism and the State Attorneys General

Harvard Law Review Forum, Vol. 122, p. 108, 2011
Number of pages: 8 Posted: 07 Apr 2011
Joseph Blocher
Duke University School of Law
Downloads 84 (244,342)

Abstract:

Constitutional law, state attorney general, popular constitutionalism

16.

Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment

62 Duke L.J. 1423 (2014)
Number of pages: 59 Posted: 01 Feb 2013 Last Revised: 19 Jan 2016
Joseph Blocher
Duke University School of Law
Downloads 65 (251,541)

Abstract:

First Amendment, language, art, representation, analytic philosophy, Wittgenstein

17.

Government Property and Government Speech

William & Mary Law Review, Vol. 52, 2011
Number of pages: 70 Posted: 06 Aug 2010 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 62 (275,447)
Citation 1

Abstract:

First Amendment, government speech, property

18.

Public Discourse, Expert Knowledge, and the Press

Washington Law Review, Vol. 87, 2012
Number of pages: 35 Posted: 29 May 2012
Joseph Blocher
Duke University School of Law
Downloads 56 (293,490)

Abstract:

First Amendment, Press, Speech

19.

What We Fret About When We Fret About Bootstrapping

Law and Contemporary Problems, Vol. 75, p. 145, 2012
Number of pages: 11 Posted: 04 Apr 2012
Joseph Blocher
Duke University School of Law
Downloads 19 (431,453)

Abstract:

Bootstrapping, Commerce Clause, health care challenge

20.

Puerto Rico and the Right of Accession

Yale Journal of International Law, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2017-47
Number of pages: 44 Posted: 19 Jun 2017 Last Revised: 22 Aug 2017
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 0 (74,882)

Abstract:

Puerto Rico, International Law, Constitutional Law, Insular Cases, Sovereign Debt, Self Determination

21.

Forced Secessions

Duke Law School Public Law & Legal Theory Series No. 2016-48
Number of pages: 44 Posted: 22 Sep 2016
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 0 (365,155)

Abstract:

International Law, Secession, Expulsion, Colonization, Reparations

22.

Can Greece Be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations

Filling the Gaps in Governance: The Case of Europe 127-150 (European University Institute 2016)
Number of pages: 24 Posted: 17 May 2016 Last Revised: 05 Aug 2016
Joseph Blocher, G. Mitu Gulati and Laurence R. Helfer
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 0 (157,077)

Abstract:

expulsion, treaty, international organizations, withdrawal, international law, eurozone

23.

Lethality, Public Carry, and Adequate Alternatives

53 Harvard Journal on Legislation 279, Duke Law School Public Law & Legal Theory Series No. 2016-26
Number of pages: 24 Posted: 30 Apr 2016
Joseph Blocher and Darrell A. H. Miller
Duke University School of Law and Duke University School of Law
Downloads 0 (421,499)

Abstract:

guns, Second Amendment, First Amendment, smartguns, firearms, constitution, constitutional law, Bill of Rights, adequate alternatives, nonlethal, weapons

24.

What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment

83 University of Chicago Law Review 295 , Duke Law School Public Law & Legal Theory Series No. 2016-27
Number of pages: 61 Posted: 30 Apr 2016
Joseph Blocher and Darrell A. H. Miller
Duke University School of Law and Duke University School of Law
Downloads 0 (365,155)

Abstract:

Second Amendment, firearms, First Amendment, marketplace, constitutional law, constitution, gun control, guns, Heller, McDonald, free speech, self defense

25.

Firearm Localism

Yale Law Journal, Vol. 123, No. 82, 2013
Number of pages: 65 Posted: 22 Dec 2015 Last Revised: 10 Mar 2016
Joseph Blocher
Duke University School of Law
Downloads 0 (462,655)

Abstract:

Second Amendment, gun control, localism, federalism, constitutional interpretation

26.

Gun Rights Talk

Boston University Law Review, Vol. 94, No. 813, 2014
Number of pages: 21 Posted: 22 Dec 2015
Joseph Blocher
Duke University School of Law
Downloads 0 (255,293)

Abstract:

Second Amendent, gun control, rights talk, rhetoric

27.

The Death Penalty and the Fifth Amendment

Northwestern University Law Review, Vol. 111, 2016, Duke Law School Public Law & Legal Theory Series No. 2015-52
Number of pages: 17 Posted: 29 Oct 2015 Last Revised: 02 Sep 2016
Joseph Blocher
Duke University School of Law
Downloads 0 (152,165)

Abstract:

death penalty, capital punishment, Fifth Amendment, Eighth Amendment, cruel and unusual, originalism, textualism

28.

Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis

Columbia Human Rights Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2015-48
Number of pages: 60 Posted: 17 Oct 2015 Last Revised: 08 Sep 2017
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 0 (122,073)

Abstract:

refugees, international law, sovereignty, burden-sharing