Selected Publications


  • Sentencing Law and Policy (Foundation Press, forthcoming 2015)

Book Chapters

  • "Gary Becker," in Pioneers of Law and Economics, edited by Joshua Wright & Lloyd Cohen (2009)

Published and Forthcoming Papers

  • The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options, forthcoming Harv J on Legis'n (2015)
  • The Impact of Federal Grants on County Punitiveness, forthcoming Hastings L J (2015)
  • Escaping From the Standard Story: Why the Conventional Wisdom on Prison Growth is Wrong, and Where We Can Go From Here, 26 Fed Sent Rptr 265 (2014)
  • Waylaid by a Metaphor: A Deeply Problematic Account of Prison Growth (Reviewing Ernest Drucker: A Plague of Prisons), 111 U Mich L Rev 1087 (2013)
  • The Micro and Macro Causes of Prison Growth, 28 Ga St U L Rev 1239 (2012)
  • The Myths and Realities of Correctional Severity: Evidence from the National Corrections Reporting Program, 13 Am Law & Econ Rev 491 (2011).
  • The Durability of Prison Populations, 2010 U Chi Legal Forum 73 (2010).
  • The Future of Appellate Sentencing Review: Booker in the States, 93 Marquette L Rev 683 (2009).
  • The Empirics of Prison Growth: A Critical Review and Path Forward, 98 J Crim L & Criminology 547 (2008).
  • The Vitality of Voluntary Guidelines in the Wake of Blakely v Washington: An Empirical Assessment, 19 Fed Sent Rep 202 (2007).
  • The Continued Vitality of Structured Sentencing Following Blakely: The Effectiveness of Voluntary Guidelines, 54 UCLA L Rev 235 (2006).

Working Papers and Works in Progress

  • The Centrality of Prosecutors to Prison Growth: An Empirical Analysis
  • Model Uncertainty and the Effect of Incarceration on Crime: A Bayesian Analysis (with Jeffrey A. Fagan and Ethan Cohen-Cole)
  • A Plea for More Aggregation: The Looming Threat to Empirical Legal Scholarship
  • Adversarial Law and Actuarial Science: Incorporating Systematic Sources of Knowledge Into the US Legal System

Other Publications

  • "Reform School: Five Myths About Prison Growth Dispelled." Slate, February 19, 2009.
  • "It's the Media, Not Juveniles, Who Are Delinquent: A Panic About Names." Huffington Post, February 3, 2009.