Civil Rights
Scott v. Harris and the Role of the Jury in Constitutional Litigation, ExpressO (2009)
State-Created Property and Due Process of Law: Filling the Void Left by Engquist v. Oregon Department of Agriculture (with Alice E. Snedeker), ExpressO (2009)
Constitutional Law
Scott v. Harris and the Role of the Jury in Constitutional Litigation, ExpressO (2009)
State-Created Property and Due Process of Law: Filling the Void Left by Engquist v. Oregon Department of Agriculture (with Alice E. Snedeker), ExpressO (2009)
International Norms in Constitutional Law, Georgia Journal of International and Comparative Law (2004)
Whether the Supreme Court should look to international law in deciding constitutional issue depends largely...
Article II and the Florida Election Case: A Public Choice Perspective (with Jeffry M. Netter), Maryland Law Review (2002)
This Article puts aside the equal protection rationale on which the majority relied in Bush...
Section 1983, the First Amendment, and Public Employee Speech: Shaping the Right to Fit the Remedy (and Vice Versa), Georgia Law Review (2001)
This Article is not about theories of free speech and how they bear on the...
Constitutional Litigation
"Sociological Legitimacy" in Supreme Court Opinions, Washington and Lee Law Review (2007)
The Order-of-Battle in Constitutional Litigation, Southern Methodist U. Law Review (2007)
Identifying State Actors in Constitutional Litigation: Reviving the Role of Substantive Context, Cardozo Law Review (2004)
While most section 1983 suits are brought against local governments and officials, an increasing number...
Corrective Justice and Constitutional Torts (with Bernard P. Dauenhauer), Georgia Law Review (2001)
Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a...
Three Arguments against Mt. Healthy: Tort Theory, Constitutional Torts, and Freedom of Speech, Mercer Law Review (2000)
Mt. Healthy City School District Board of Education v. Doyle is among the most important,...
Contracts
Book Review: Contract Law in the USSR and the United States: History and General Concept (1987), Georgia Journal of International and Comparative Law (1988)
Courts
Naked Politics, Federal Courts Law, and the Canon of Acceptable Arguments, Emory Law Journal (1998)
In this Article, I argue that there is a wide gap between the aspirations and...
Who's Afraid of Henry Hart?, Constitutional Commentary (1997)
No law book has enjoyed greater acclaim from distinguished commentators over a sustained period than...
Original Intent and Article III (with Edward J. Larson), Tulane Law Review (1995)
Positivism and Antipositivism in Federal Courts Law, Georgia Law Review (1995)
What is the proper role of rules in federal courts law? Some scholars associated with...
French and American Judicial Opinions, Yale Journal of International Law (1994)
In this Article, I examine the foundations of American judicial form, in particular the proposition...
International Law
International Norms in Constitutional Law, Georgia Journal of International and Comparative Law (2004)
Whether the Supreme Court should look to international law in deciding constitutional issue depends largely...
French and American Judicial Opinions, Yale Journal of International Law (1994)
In this Article, I examine the foundations of American judicial form, in particular the proposition...
Book Review: Contract Law in the USSR and the United States: History and General Concept (1987), Georgia Journal of International and Comparative Law (1988)
Jurisprudence
The Order-of-Battle in Constitutional Litigation, Southern Methodist U. Law Review (2007)
Torts
Scott v. Harris and the Role of the Jury in Constitutional Litigation, ExpressO (2009)
Torts/Personal Injury
Georgia's New Battleground: Five Georgia Law Professors Examine the State's New Tort Legislation (with Lonnie T. Brown Jr. , Ronald L. Carlson, Thomas A. Eaton, and C. Ronald Ellington), Advocate (2005)
Corrective Justice and Constitutional Torts (with Bernard P. Dauenhauer), Georgia Law Review (2001)
Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a...
Three Arguments against Mt. Healthy: Tort Theory, Constitutional Torts, and Freedom of Speech, Mercer Law Review (2000)
Mt. Healthy City School District Board of Education v. Doyle is among the most important,...