Constitutional Law
American Constitutionalism: 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...
Constitutional Democracy, Human Dignity, and Entrenched Evil, 38 Pepperdine Law Review 889 (2011)
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute...
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...
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: 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...
James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25, 88 Oregon Law Review 95 (2009)
James Buchanan is often credited with being the unlikely savior of judicial review in early...
Encyclopedia of the Supreme Court of the United States (with David S. Tanenhaus, Kay P. Kindred, Felice Batlan, and Alfred L. Brophy), (2008)
This 5-volume set focuses on the substance of American law, the processes that produce its...
Civil Rights
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...
No subject area
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...