Joseph Blocher

Duke University School of Law

Professor

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

36

DOWNLOADS
Rank 8,022

SSRN RANKINGS

Top 8,022

in Total Papers Downloads

5,508

CITATIONS
Rank 39,996

SSRN RANKINGS

Top 39,996

in Total Papers Citations

4

Scholarly Papers (36)

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 633 (39,794)

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

2.

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 515 (52,029)

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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 353 (82,152)

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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 310 (95,064)
Citation 1

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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 284 (104,428)

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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 269 (110,680)
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
New York University School of Law and Duke University School of Law
Downloads 240 (124,428)

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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 230 (129,853)

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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 226 (132,093)

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First Amendment, Commercial Speech, Government Speech, School Law

10.

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 208 (143,015)

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Constitutional law, rights, autonomy

11.

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 Helfer
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 203 (146,335)

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

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 190 (155,607)

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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 183 (160,928)

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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 176 (166,630)
Citation 1

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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 (209,357)

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Establishment Clause, First Amendment, endorsement test, Schrodinger

16.

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 113 (238,196)

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Constitutional law, constitutional interpretation, state constitutional law

17.
Downloads 112 (239,668)

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 62 (347,694)

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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 50 (386,042)

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commodification, inalienability, sovereignty, the market for sovereign control

18.

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 (252,495)

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Second Amendent, gun control, rights talk, rhetoric

19.

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 (254,195)

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First Amendment, government speech

20.

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 101 (257,675)

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

21.

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 (271,881)

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Constitutional law, state attorney general, popular constitutionalism

22.

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 88 (281,510)

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

23.

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 (300,591)
Citation 1

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First Amendment, government speech, property

24.

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 68 (327,129)

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First Amendment, Press, Speech

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 60 (348,764)

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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.

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 52 (373,132)

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

27.

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 49 (382,812)

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

28.

Transferable Sovereignty

Duke Law School Public Law & Legal Theory Series No. 2019-4
Number of pages: 58 Posted: 08 Jan 2019
Joseph Blocher and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 49 (382,812)

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

29.

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 44 (400,120)

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Puerto Rico, Citizenship, Statehood

30.

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 44 (400,120)

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International Law, Secession, Expulsion, Colonization, Reparations

31.

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 40 (414,919)

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

32.

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 36 (430,767)

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

33.

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 Duke University, School of Law, Students
Downloads 33 (443,195)

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

34.

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 31 (452,055)

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

35.

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 30 (456,635)

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

36.

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 25 (481,933)

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Bootstrapping, Commerce Clause, health care challenge