Constitutional Law

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Police Paternalism: Community Caretaking, Assistance Searches, and Fourth Amendment Reasonableness, Washington and Lee Law Review (2009)

Police spend an estimated two-thirds to four-fifths of their time on “community-caretaking” activities having little...

 

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Counter-Majoritarian Power and Judges' Political Speech, Florida Law Review (2006)

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity....

 

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The Non-Political Branch (reviewing Lee Epstein & Jeffrey A. Segal, Advice and Consent: The Politics of Judicial Appointments (2005)), Texas Review of Law and Politics (2005)
 

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The Worst Way of Selecting Judges—Except all the Others That Have Been Tried, Northern Kentucky Law Review (2005)
 

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The Futile Quest for a System of Judicial “Merit” Selection, Albany Law Review (2004)
 
Pay No Attention to That Man Behind the Robe: Judicial Elections, the First Amendment, and Judges as Politicians, Yale Law and Policy Review (2003)
 
All the President’s Men? Executive Departments and Executive Privilege, ___ Journal of Law and Public Policy (2001)
 
Yes, Virginia (Tech), Our Government is One of Limited Powers, Harvard Journal of Law and Public Policy (2001)
 
D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Harvard Journal of Law and Public Policy (2000)
 

Jurisprudence

Accountability Before the Fact, Notre Dame Journal of Law Ethics and Public Policy (2008)
 

Judges

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Public Confidence And Judicial Campaigns, Wayne Law Review (2010)
 

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We Have Met the Special Interests, and We Are They, Missouri Law Review (2009)
 

Sports Law

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Sports Law: Cases and Materials (with Michael J. Cozzillio, Mark S. Levinstein, and Gabe Feldman), Michael J. Cozzillio (2007)
 

Intellectual Property

Introduction, Symposium, Internet Expression in the 21st Century: Where Technology & Law Collide (with Tonya M. Evans-Walls and Nicole M. Santo), Widener Law Journal (2010)