Joseph Blocher

Duke University School of Law

Professor

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

40

DOWNLOADS
Rank 6,601

SSRN RANKINGS

Top 6,601

in Total Papers Downloads

7,169

SSRN CITATIONS
Rank 30,673

SSRN RANKINGS

Top 30,673

in Total Papers Citations

10

CROSSREF CITATIONS

14

Scholarly Papers (40)

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 900 (27,669)
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 723 (37,453)
Citation 3

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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 609 (47,137)

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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 315 (104,138)

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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 290 (113,792)

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

6.

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 286 (115,493)

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

7.

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 278 (119,063)
Citation 1

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

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 236 (140,654)
Citation 2

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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 228 (145,446)
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 222 (149,941)

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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 217 (152,531)

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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 205 (160,838)

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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 201 (163,831)

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market for sovereign control, secession, international law

14.

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 190 (172,506)
Citation 1

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

15.

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 179 (182,093)

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

16.

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 136 (228,918)
Citation 1

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Odious Debts, Sovereign Debt, Human Rights

17.

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 136 (228,918)

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Establishment Clause, First Amendment, endorsement test, Schrodinger

18.
Downloads 129 (240,070)

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 76 (345,503)

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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 (414,365)

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commodification, inalienability, sovereignty, the market for sovereign control

19.

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 (259,854)
Citation 1

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Constitutional law, constitutional interpretation, state constitutional law

20.

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 112 (264,761)
Citation 1

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

21.

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 111 (266,429)

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Second Amendent, gun control, rights talk, rhetoric

22.

Firearms, Extreme Risk, and Legal Design: 'Red Flag' Laws and Due Process

Virginia Law Review, Vol. 106, 2020, Duke Law School Public Law & Legal Theory Series No. 2020-10
Number of pages: 55 Posted: 09 Mar 2020 Last Revised: 22 May 2020
Joseph Blocher and Jacob Charles
Duke University School of Law and Duke University School of Law
Downloads 108 (271,725)

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Due Process, Red Flag, Extreme Risk, Second Amendment

23.

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 106 (275,248)

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

24.

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 106 (275,248)

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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

25.

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 105 (277,076)

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First Amendment, government speech

26.

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 104 (278,899)

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

27.

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 (300,159)

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Constitutional law, state attorney general, popular constitutionalism

28.

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 (308,473)
Citation 2

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

29.

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 80 (329,286)

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

30.

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 (331,642)
Citation 1

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First Amendment, government speech, property

31.

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 70 (355,244)

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First Amendment, Press, Speech

32.

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 58 (390,989)

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

33.

Why Regulate Guns?

48(4) J.L. Med. & Ethics (Forthcoming 2020), Duke Law School Public Law & Legal Theory Series No. 2020-38
Number of pages: 11 Posted: 08 Jun 2020
Joseph Blocher and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 53 (407,773)

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34.

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 53 (407,773)

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

35.

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 50 (418,349)

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International Law, Secession, Expulsion, Colonization, Reparations

36.

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 49 (421,975)

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Puerto Rico, Citizenship, Statehood

37.

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 45 (437,062)

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

38.

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 43 (445,066)

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

39.

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 34 (483,911)

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

40.

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 (525,512)

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Bootstrapping, Commerce Clause, health care challenge