Articles

Books

2012 Supplement to The American Constitutional Order: History, Cases, and Philosophy (with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (2012)
 
The American Constitutional Order: History, Cases, and Philosophy (with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (2010)
 

Contributions to Books

The Moral Conditions of Liberty, Freedom and the Rule of Law (2009)
 
The Spending Clause, Oxford Encyclopedia of Legal History (2008)
 

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Adequacy and the Rights Revolution: Reinterpreting the Education Clauses in State Constitutions, School Money Trials: The Legal Pursuit of Educational Adequacy (2006)
 
Constitutions, SCHOOL MONEY TRIALS: THE LEGAL PURSUIT OF EDUCATIONAL ADEQUACY (2006)

In the past decade, a number of state courts have found a new "fundamental right"...

 
Encyclopedia entry, "Privileges and Immunities", The Oxford Companion to the Supreme Court of the United States (2005)
 

Popular Press

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The GAO's Assault on the Executive Branch, The American Legion Magazine (2002)

This article explores the constitutional issues involved with the General Accounting Office's suit to force...

 

Other

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Does the First Amendment's Freedom of the Press Clause Place the Institutional Media Above the Law of Classified Secrets? (2006)

Testimony before the U.S. House of Representatives Permanent Select Committee on Intelligence, contending that Section...

 

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The Constitutionality of the NSA Surveillance Program: A Letter to the House Judiciary Committee (2006)

Following the December 2005 disclosure by the New York Times of a highly-classified National Security...