Joseph Blocher

Duke University School of Law

Professor

210 Science Drive

Box 90362

Durham, NC 27708

United States

  • Duke University School of Law

SCHOLARLY PAPERS

38

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8

CROSSREF CITATIONS

14

Scholarly Papers (38)

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1.

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: 46 Posted: 19 Jun 2017 Last Revised: 21 Nov 2017
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 887 (26,645)
Citation 1

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

2.

A Market for Sovereign Control

66 Duke Law Journal 797 (2017)
Number of pages: 47 Posted: 02 Feb 2015 Last Revised: 22 Aug 2019
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 716 (35,882)
Citation 2

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international law, secession, market for control, sovereign debt

3.

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 608 (44,656)

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

4.

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 311 (100,192)

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

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 287 (109,283)

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

6.

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 272 (115,638)
Citation 1

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

7.

From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms after Heller

Duke Law Journal, Vol. 67, No. 7, 2018, Duke Law School Public Law & Legal Theory Series 2018-35
Number of pages: 77 Posted: 24 Apr 2018 Last Revised: 11 Jun 2018
Eric Ruben and Joseph Blocher
SMU Dedman School of Law and Duke University School of Law
Downloads 267 (117,949)

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Second Amendment, keep and bear arms, Heller, gun control, constitutional interpretation, content analysis, empirical methods, legal method

8.

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 235 (134,407)
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refugees, international law, sovereignty, burden-sharing

9.

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 227 (138,962)
Citation 2

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First Amendment, Commercial Speech, Government Speech, School Law

10.

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 213 (147,725)

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

11.

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 212 (148,406)

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Constitutional law, rights, autonomy

12.

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 198 (158,235)

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

13.

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 190 (164,273)

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market for sovereign control, secession, international law

14.

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 177 (175,129)

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

15.

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 134 (221,088)

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Establishment Clause, First Amendment, endorsement test, Schrodinger

16.

Transferable Sovereignty

Duke Law School Public Law & Legal Theory Series No. 2019-4
Number of pages: 45 Posted: 08 Jan 2019 Last Revised: 10 Jul 2019
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 129 (227,706)
Citation 1

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sovereignty, property, colonialism, independence, human rights, self determination, markets, law and economics, refugees, immigration

17.

Markets and Sovereignty

Downloads 123 (236,123)

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 70 (343,543)

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Sovereignty, markets

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 53 (396,439)

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commodification, inalienability, sovereignty, the market for sovereign control

18.

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 115 (248,102)
Citation 1

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Constitutional law, constitutional interpretation, state constitutional law

19.

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 104 (266,224)

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Second Amendent, gun control, rights talk, rhetoric

20.

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 103 (267,946)

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First Amendment, government speech

21.

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 103 (267,946)

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

22.

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 93 (286,746)

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Constitutional law, state attorney general, popular constitutionalism

23.

Free Speech and Justified True Belief

Duke Law School Public Law & Legal Theory Series No. 2019-6
Number of pages: 59 Posted: 25 Jan 2019
Joseph Blocher
Duke University School of Law
Downloads 89 (294,746)
Citation 1

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First Amendment, free speech, epistemology, knowledge, sociology, marketplace of ideas, professions, Plato

24.

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 89 (294,746)
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First Amendment, language, art, representation, analytic philosophy, Wittgenstein

25.

The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Introduction)

The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press 2018), Duke Law School Public Law & Legal Theory Series No. 2019-5
Number of pages: 16 Posted: 28 Nov 2018
Joseph Blocher and Darrell A. H. Miller
Duke University School of Law and Duke University School of Law
Downloads 86 (303,361)

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Second Amendment, right to keep and bear arms, constitutional law, constitutional interpretation, originalism, District of Columbia v. Heller, gun policy, gun violence, gun control

26.

King Leopold's Bonds and the Odious Debts Mystery

Duke Law School Public Law & Legal Theory Series No. 2019-59, Virginia Journal of International Law, 2020
Number of pages: 47 Posted: 21 Aug 2019 Last Revised: 05 Dec 2019
Joseph Blocher, G. Mitu Gulati and Kim Oosterlinck
Duke University School of Law, Duke University School of Law and Université Libre de Bruxelles - SBS-EM, CEB
Downloads 85 (307,896)

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Odious Debts, Sovereign Debt, Human Rights

27.

Bans

Yale Law Journal, Vol. 129, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-24
Number of pages: 57 Posted: 09 Apr 2019
Joseph Blocher
Duke University School of Law
Downloads 85 (303,361)

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Constitutional Law, Doctrine, Rules, Trumps, First Amendment, Second Amendment, Takings

28.

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 79 (317,025)
Citation 1

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First Amendment, government speech, property

29.

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 69 (342,214)

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First Amendment, Press, Speech

30.

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 56 (380,451)

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

31.

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 48 (407,216)

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International Law, Secession, Expulsion, Colonization, Reparations

32.

Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights

William & Mary Bill of Rights Journal, 2020, Duke Law School Public Law & Legal Theory Series No. 2019-19
Number of pages: 25 Posted: 10 Mar 2019
Joseph Blocher and Luke Morgan
Duke University School of Law and Independent
Downloads 46 (414,473)

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constitutional law, rights, First Amendment, borrowing, dynamism, comparative law, doctrine

33.

What Does Puerto Rican Citizenship Mean for Puerto Rico's Legal Status?

Duke Law School Public Law & Legal Theory Series 2018-37
Number of pages: 10 Posted: 21 Apr 2018 Last Revised: 11 Jun 2018
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 46 (414,473)

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Puerto Rico, Citizenship, Statehood

34.

Why Did Belgium Pay Leopold's Bonds?

Duke Law School Public Law & Legal Theory Series No. 2019-73
Number of pages: 22 Posted: 22 Oct 2019 Last Revised: 24 Dec 2019
Kim Oosterlinck, Joseph Blocher and G. Mitu Gulati
Université Libre de Bruxelles - SBS-EM, CEB, Duke University School of Law and Duke University School of Law
Downloads 42 (429,641)

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sin bonds, sovereign debt, odious debt, King Leopold, Congo Free State

35.

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 42 (429,641)

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

36.

Disuniformity of Federal Constitutional Rights

University of Illinois Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-3
Number of pages: 22 Posted: 07 Jan 2019
Joseph Blocher
Duke University School of Law
Downloads 38 (446,031)

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constitutional rights, state constitutional law, federal constitutional law, interpretation, doctrine, federalism

37.

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 32 (472,336)

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

38.

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 26 (503,158)

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Bootstrapping, Commerce Clause, health care challenge