Constitutional Law
Subtraction by Addition?: The Thirteenth and Fourteenth Amendments, 113 Columbia Law Review (2013)
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, and the Direction of Judicial Decision Making, 56 Howard Law Journal 101 (2013)
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights...
American Constitutionalism: volume II: Rights & Liberties (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)
Constitutionalism in the United States is not determined solely by decisions made by the Supreme...
American Constitutionalism: volume I: Structures of Government (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)
Constitutionalism in the United States is not determined solely by decisions made by the Supreme...
Hollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context, 125 Harvard Law Review Forum 33 (2011)
Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional...
Political Science
A Tale Told by a President, 28 Yale Law & Policy Review: Inter Alia 13 (2010)
Part I of this essay makes the case for symbolic politics. Presidents often have political...
Introduction to Law's Allure Symposium: Law and Politics - An Old Distinction, New Problems, 35 Law & Social Inquiry 1025 (2010)
Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching, 3 Perspectives on Politics 135 (2005)
Settling the West: The Annexation of Texas, The Louisiana Purchase, and Bush v. Gore, The Louisiana Purchase and American Expansion 1803-1898 (2005)
Legal History
American Constitutionalism: volume II: Rights & Liberties (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)
Constitutionalism in the United States is not determined solely by decisions made by the Supreme...
American Constitutionalism: volume I: Structures of Government (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)
Constitutionalism in the United States is not determined solely by decisions made by the Supreme...
Hollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context, 125 Harvard Law Review Forum 33 (2011)
Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional...
Civil Rights
Subtraction by Addition?: The Thirteenth and Fourteenth Amendments, 113 Columbia Law Review (2013)
Transforming Free Speech; the Ambiguous Legacy of Civil Libertarianism, Book Gallery (1991)
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech...
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The Jacksonian Makings of the Taney Court, (2005)
Many twentieth century commentators regard the willingness of Taney Court majorities to declare laws unconstitutional...
Antebellum Perspectives on Free Speech, All Faculty Publications (2002)
Book review of Free Speech: "The People's Darling Privilege": Struggles for Freedom of Expression in...