Articles
Rescuing the Fourteenth Amendment Privileges or Immunities Clause: How “Attrition of Parliamentary Processes” Begat Accidental Ambiguity; How Ambiguity Begat SlaughterHouse, William & Mary Bill of Rights Journal (2009)
This essay addresses a topic of great academic and practical interest currently facing the Supreme...
Reading Tea Leaves in Federal Election Commission v. Wisconsin Right to Life: Hope for a Buckley Evolution?, Tulsa Law Review (2008)
During its 2006-07 Term the U.S. Supreme Court decided Federal Election Commission v. Wisconsin Right...
Government as Liberty's Servant: The "Reasonable Time, Place and Manner" Standard of Review for All Government Restrictions on Liberty Interests, Louisiana Law Review (2007)
This essay suggests that the American legal system fails to do proper justice to the...
Second Amendment Incorporation Through the Fourteenth Amendment Privileges or Immunities and Due Process Clauses, Missouri Law Review (2007)
The second amendment, alternately maligned over the years as the black sheep of the constitutional...
Reviving a Natural Right: The Freedom of Autonomy, Willamette Law Review (2006)
This article explores the historical foundations of the individual rights of equality and free choice...
Do “Creatures of the State” Have Constitutional Rights?: Standing for Municipalities to Assert Procedural Due Process Claims Against the State, Villanova Law Review (2002)
Conventional wisdom holds that a municipal corporation receives no protection from the equal protection and...
A New Case for Direct Congressional Regulation of Guns in School Zones, Denver University Law Review (2000)
This article suggests that in the wake of last year’s school shootings at Columbine High...
Providing Guidance and Counsel on Ethics to Public Officials and Employees: The Proposed Michigan Government Ethics Act of 1999, University of Detroit Mercy Law Review (1999)
This article proposes a new Government Ethics Act for Michigan which would include the three...
A Proposal to Reform the Michigan Zoning Enabling Act to Allow Amortization of Nonconforming Uses, Michigan State University Law Review (1998)
This article suggests that the Michigan legislature should amend the Michigan Zoning Enabling Act in...
Toward a More Coherent Dormant Commerce Clause: A Proposed Unitary Framework, Harvard Journal of Law & Public Policy (1998)
The Dormant Commerce Clause (DCC), bane of generations of law students, lawyers, judges and state...
• Finding Shade from the "Government in the Sunshine Act": A Proposal to Permit Private Informal Background Discussions at the U.S. International Trade Commission, Catholic University Law Review (1995)
This article suggests that the practice of International Trade Commission (ITC) commissioners not to deliberate...
Bias in the International Trade Administration: The Need for Impartial Decisionmakers in United States Antidumping Proceedings, Case Western Reserve Journal of International Law (1994)
This article suggests that Congress should enact legislation requiring the Department of Commerce International Trade...
The Parol Evidence Rule in Wisconsin: Status in the Law of Contract, Revisited, Wisconsin Law Review (1991)
This Comment surveys Wisconsin parol evidence cases decided from 1980 through mid-1991. Drawing upon a...
Books
Radicals in Their Own Time: Four Hundred Years of Struggle for Liberty and Equal Justice in America [Introduction & Selected Chapter Extracts] (2010)
This book explores the lives of five individuals whose lifetimes, laid beginning to end, together...
Contributions to Books
Common Property and Natural Resource Management: A Michigan Perspective, THE ECONOMICS OF LEGAL RELATIONSHIPS, vol.5 (1999)
In the thirty years since the publication of Garrett Hardin’s classic essay, The Tragedy of...