Commerce Clause
State User Fees and the Dormant Commerce Clause, Vanderbilt Law Review (1997)
This Article considers the interplay of two central tenets of the U.S. Supreme Court's dormant...
Commerce Clause Restraints on State Business Development Incentives (with Walter Hellerstein), Cornell Law Review (1996)
In this Article, we explore the ill-defined distinction between the constitutional carrot and the unconstitutional...
The Impact of the Garcia Decision on the Market-Participant Exception to the Dormant Commerce Clause, University of Illinois Law Review (1995)
In National League of Cities v. Usery, the Supreme Court recognized a strong state-sovereignty-based limit...
Untangling the Market-Participant Exemption to the Dormant Commerce Clause, Michigan Law Review (1989)
There is no theme more familiar to constitutional law than the clash between federal power...
Constitutional Law
Where United Haulers Might Take Us: The Future of the State-Self-Promotion Exception to the Dormant Commerce Clause Rule, ExpressO (2009)
The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules, ExpressO (2008)
Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...
The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules, ExpressO (2008)
Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...
Fifteen Curious Facts about The Federalist Papers, Advocate (2007)
Courts
Federal Agency Compliance Act, Subcommittee on Commercial and Administrative Law (1997)
Controlling the Contemporary Loanshark: The Law of Illicit Lending and the Problem of Witness Fear (with Ronald Goldstock), Cornell Law Review (1980)
Elections
Congressional Power over Presidential Elections: Lessons from the Past and Reforms for the Future (with Edward J. Larson), William and Mary Law Review (2002)
Presidential election controversies are nothing new. They have plagued our republic since 1801, when the...
Jurisprudence
Symposium Honoring Retiring UGA Law Professor Milner Ball (with James Boyd White, Stephen Wizner, Robert P. Burns, Michael J. Perry, Aviam Soifer, Russell C. Gabriel, Erica J. Hashimoto, Paul J. Heald, and Daniel L. Greenberg), Conferences and Symposia (2007)
Of Pitcairn's Island and American Constitutional Theory, William and Mary Law Review (1997)
Few tales from human experience are more compelling than that of the mutiny on the...
Law and Literature
Of Pitcairn's Island and American Constitutional Theory, William and Mary Law Review (1997)
Few tales from human experience are more compelling than that of the mutiny on the...
Legal Education
Symposium Honoring Retiring UGA Law Professor Milner Ball (with James Boyd White, Stephen Wizner, Robert P. Burns, Michael J. Perry, Aviam Soifer, Russell C. Gabriel, Erica J. Hashimoto, Paul J. Heald, and Daniel L. Greenberg), Conferences and Symposia (2007)
Legal History
Fifteen Curious Facts about The Federalist Papers, Advocate (2007)
Fifteen Famous Supreme Court Cases from Georgia, Advocate (2004)
State and Local Government Law
The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
Taxation
Suspect Linkage: The Interplay of State Taxing and Spending Measures in the Application of Constitutional Antidiscrimination Rules (with Walter Hellerstein), Michigan Law Review (1997)
This article examines an important and recurring question that courts frequently resolve, but rarely analyze:...
State User Fees and the Dormant Commerce Clause, Vanderbilt Law Review (1997)
This Article considers the interplay of two central tenets of the U.S. Supreme Court's dormant...
Commerce Clause Restraints on State Business Development Incentives (with Walter Hellerstein), Cornell Law Review (1996)
In this Article, we explore the ill-defined distinction between the constitutional carrot and the unconstitutional...
Taxation-State and Local
The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
Uniform Commerical Code
Priorities in Accounts: The Crazy Quilt of Current Law and a Proposal for Reform, Vanderbilt Law Review (1992)
Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor....