Articles
Vindicating Fundamental Environmental Rights: Judicial Acceptance of Constitutionally Entrenched Environmental Rights (with James R. May), Oregon Review of International Law -- Forthcoming (2010)
This article examines the extent to which constitutionally embedded fundamental environmental rights have met the...
Garcetti in Delaware: New Limits on Public Employees' Speech, Delaware Law Review (2009)
In 2006, the Supreme Court decided Garcetti v Ceballos, 547 U.S. 410 (2006), which significantly...
Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition, International Journal of Transitional Justice (2008)
Truth commissions have become so fashionable in times of transition that one can readily recognize...
Too Many Questions, Too Few Answers: Reconciliation in Transitional Societies (with Jeremy Sarkin), Columbia Human Rights Law Review (2004)
Understanding reconciliation in times of political transition raises fundamental and ultimately unanswerable questions about the...
Reparations in South Africa: A Cautionary Tale, University of Memphis Law Review (2003)
The South African experience with reparations is an important object lesson for any major effort...
Between Punitive and Reconstructive Justice: The Gacaca Courts in Rwanda, New York University Journal of International Law and Politics (2002)
In the aftermath of the 1994 genocide in Rwanda, in which almost a million people...
New Hurdles for Environmental Justice Plaintiffs, Natural Resources and Environment (2002)
Transformative Justice: Charting a Path to Reconciliation, International Legal Perspectives (2002)
When nations transition from oppressive and lawless regimes to democratic ones they face myriad challenges....
Review Essay: What We Knew or Should Have Known About the Independent Counsel, Widener Law Symposium Journal (2000)
The Limits of the Constitutional Imagination: Equal Protection in the Era of Assimilation, Widener Law Symposium Journal (1999)
Idealists, Pragmatists, and Textualists: Judging Electoral Districts in America, Canada, and Australia, Boston College International and Comparative Law Review (1998)
In the 1960s, the United States Supreme Court entered the political thicket of voting rights...
Reconsidering Abortion Law: Liberty, Equality and the New Rhetoric of Planned Parenthood v. Casey, American University Law Review (1995)
Since 1973, the Supreme Court has based the right to abortion on a right to...
The Incremental Harm Doctrine: Is There Life After Masson?, Arkansas Law Review (1993)
A defamation is a statement that "tends so to harm the reputation of another as...
Sexual Orientation and Workplace Rights: A Potential Land Mine for Employers? (with Howard A. Simon), Employee Relations Law Journal (1992)
Picturing Death: Televising Executions (with Karl Olson), Legal Times (1991)
Books
Reconciliation in Divided Societies (with Jeremy Sarkin) (2007)
As nations struggling to heal wounds of civil war and atrocity turn toward the model...