Articles

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Open Secret: Why the Supreme Court has Nothing to Fear From the Internet, Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University (2012)

The United States Supreme Court has an uneasy relationship with openness: it complies with some...

 

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Efficient, Fair, and Incomprehensible: How the State 'Sells' Its Judiciary (with Heather Pincock), College of Law Faculty Scholarship (2010)

Sociolegal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the...

 

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Managing Radical Disputes: Public Reason, the American Dream, and the Case of Same-Sex Marriage (with Cyril Ghosh), College of Law Faculty Scholarship (2008)

This paper proposes that ambiguous arguments play a crucial role in the management of radical...

 

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Good Manners, Gay Rights and the Law, College of Law Faculty Scholarship (2005)

In this paper, I argue that the expansion of LGBT rights requires engagement with the...

 

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Legal Realism, Common Courtesy, and Hypocrisy, College of Law Faculty Scholarship (2005)

In the United States, courts are publicly defined by their distance from politics. Politics is...

 

Books

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All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law, College of Law Faculty Scholarship (2010)

This paper contains the introduction to the new book, All Judges Are Political—Except When They...

 

Contributions to Books

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The Rule of Law is Dead! Long Live the Rule of Law!, College of Law Faculty Scholarship (2009)

Polls show that a significant proportion of the public considers judges to be political. This...