Articles

Link

New Directions in Earth Rights, Environmental Rights and Human Rights: Six Facets of Constitutionally Embedded Environmental Rights Worldwide (with James R. May), IUCN Academy of Environmental Law e-Journal (2011)

This essay provides an overview of the worldwide phenomenon of constitutional environmental rights. Since the...

 

Link

Human Dignity in the Roberts Court: A Story of Inchoate Institutions, Autonomous Individuals, and the Reluctant Recognition of a Right, Ohio Northern University Law Review (2011)

Throughout its history, the Supreme Court has assumed that dignity is relevant to constitutional interpretation,...

 

Link

Foreword - In Memory of Robert J. Lipkin (with James R. May and Robert L. Hayman), Widener Law Review (2010)

This is a foreword to a compendium of writings by our lost friend and colleague,...

 

Link

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...

 

Link

Vindicating Fundamental Environmental Rights: Judicial Acceptance of Constitutionally Entrenched Environmental Rights (with James R. May), Oregon Review of International Law (2009)

This article examines the extent to which constitutionally embedded fundamental environmental rights have met the...

 

Link

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...

 

PDF

The New Liberty, Widener Law Review (2005)
 

Link

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...

 

Link

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...

 

Link

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)
 

Link

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....

 

Link

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...

 

Link

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...

 

Link

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

Link

Reconciliation in Divided Societies (with Jeremy Sarkin) (2007)

As nations struggling to heal wounds of civil war and atrocity turn toward the model...

 

Contributions to Books

Link

Constitutional Environmental Rights Worldwide (with James R. May), Principles of Constitutional Environmental Law (2011)
 
United States Supreme Court, The Oxford Companion to the High Court of Australia (2002)
 

Popular Press

Senate Debate Served Us All Well (with Paul Regan), News Journal (Wilmington DE) (2010)
 
Editorial, Finger-Pointing in the Gulf Gets Us Nowhere, The News Journal (Wilmington, DE) (2010)
 

Unpublished Papers

Link

Dignity in the Service of Democracy (2011)

At a broad level, perhaps the most noticeable trend in Latin American constitutional law is...

 

Link

Environmental Human Rights: Paradigm of Indivisibility (2011)

While scholars may disagree as to the scope and depth of the indivisibility of rights,...