Articles
Saving Disparate Impact, Cardozo Law Review (2013)
More than four decades ago, the Supreme Court concluded that Title VII of the Civil...
Originalism in Practice, Indiana Law Journal (2012)
Originalism is in ascendance. Both in judicial opinions and in the legal academy, arguments for...
Those Who Can't, Teach: What the Legal Career of John Yoo Tells Us about Who Should Be Teaching Law, Mississippi Law Journal (2011)
Perhaps no member of the legal academy in America is more controversial than John Yoo....
First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech, Indiana Law Journal (2011)
Scholars have struggled to explain our sprawling First Amendment doctrine – once described by Justice...
McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun-Control Laws?, Nw. U.L. Rev. (2011)
Contributions to Books
Confusing Cause and Effect, Criminal Law Conversations (2009)
This brief essay commenting on Paul Butler's article, "Race Based Jury Nullification: Black Power in...