Articles

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Defining Corruption and Constitutionalizing Democracy, 111 Michigan Law Review (2012)

The central front in the battle over campaign finance laws is the definition of corruption....

 

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Money and Rights, 35 New York University Review of Law & Social Change 526 (2011)

This article looks at when constitutionally protected rights are interpreted by courts to include a...

 

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Money Talks but It Isn't Speech, 95 Minnesota Law Review 953 (2011)

This Article challenges the central premise of our campaign finance law, namely that restrictions on...

 

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Prosecuting Doctors for Trusting Patients, 16 George Mason Law Review 701 (2009)

In an escalating phase of our country’s war on drugs, doctors treating patients in pain...

 

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Willfully Blind for Good Reason, 3 Criminal Law and Philosophy 301 (2009)

Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens...

 

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Physicians as Researchers: Difficulties with the "Similarity Position" (with David Wasserman and Robert Wachbroit), 6 American Journal of Bioethics 57 (2006)
 

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What Makes Genetic Discrimination Exceptional?, 29 American Journal of Law & Medicine 77 (2003)
 

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The Expressive Dimension of Equal Protection, 85 Minnesota Law Review 1 (2000)
 

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Two Types of Discrimination: The Familiar and the Forgotten, 86 California Law Review 315 (1998)

This essay argues that current Equal Protection doctrine fails to recognize an important conceptual distinction...

 

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Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study in Insuring Battered Women, 32 Harvard Civil Rights - Civil Liberties Law Review 355 (1997)
 

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The Importance of Appearing Principled, 37 Arizona Law Review 1107 (1995)
 

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Of Mice but Not Men: Problems of the Randomized Clinical Trial (with Samuel Hellman), 324 New England Journal of Medicine 1585 (1991)
 

Books

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When is Discrimination Wrong?, Book Gallery (2008)

A law requires black bus passengers to sit in the back of the bus. The...

 

Chapters in Books

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Money and Rights, Money, Politics and the Constitution: Beyond Citizens United (2011)

This chapter looks at when constitutionally protected rights are interpreted by courts to include a...