Constitutional Law
Reconsidering Gobitis: An Exercise in Presidential Leadership, Washington University Law Review (2008)
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis...
Eloquence and Reason: Creating a First Amendment Culture (2008)
This book presents a theory of the First Amendment’s development. During the twentieth century, Americans...
Democracy's Handmaid, Boston University Law Review (2006)
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional...
Sacred Visions of Law, Iowa Law Review (2005)
Around the time of the Bicentennial Celebration of the U.S. Constitution’s framing, Sanford Levinson called...
Fire, Metaphor, and Constitutional Myth-Making, Georgetown Law Journal (2004)
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry...
Speech and Strife, Law and Contemporary Problems (2004)
The anthropologist Clifford Geertz once observed that “[a]t the political center of any complexly organized...
Conceptualizing Constitutional Litigation as Antigovernment Expression: A Speech-Centered Theory of Court Access, American University Law Review (2002)
This Article proposes a speech-based right of court access. First, it finds the traditional due...
The System Worked: Our Schizophrenic Stance on Welfare, Yale Law Journal (1996)
This is a review of Steven M. Teles's book, Whose Welfare? AFDC and Elite Politics...
Legal History
Reconsidering Gobitis: An Exercise in Presidential Leadership, Washington University Law Review (2008)
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis...
Eloquence and Reason: Creating a First Amendment Culture (2008)
This book presents a theory of the First Amendment’s development. During the twentieth century, Americans...
Democracy's Handmaid, Boston University Law Review (2006)
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional...
Sacred Visions of Law, Iowa Law Review (2005)
Around the time of the Bicentennial Celebration of the U.S. Constitution’s framing, Sanford Levinson called...
Fire, Metaphor, and Constitutional Myth-Making, Georgetown Law Journal (2004)
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry...
Politics
Reconsidering Gobitis: An Exercise in Presidential Leadership, Washington University Law Review (2008)
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis...
Eloquence and Reason: Creating a First Amendment Culture (2008)
This book presents a theory of the First Amendment’s development. During the twentieth century, Americans...
Democracy's Handmaid, Boston University Law Review (2006)
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional...
Conceptualizing Constitutional Litigation as Antigovernment Expression: A Speech-Centered Theory of Court Access, American University Law Review (2002)
This Article proposes a speech-based right of court access. First, it finds the traditional due...
The System Worked: Our Schizophrenic Stance on Welfare, Yale Law Journal (1996)
This is a review of Steven M. Teles's book, Whose Welfare? AFDC and Elite Politics...