Constitutional Law
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Judicial Discretion in Constitutional Cases, Journal of Law & Politics (2011)
A damaging dichotomy is hindering the nation’s ability to talk intelligently and constructively about the...
The Vitality of the American Sovereign, Michigan Law Review (2010)
In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional...
Counsel and Confrontation, Minnesota Law Review (2009)
Responding to the Court’s recent reworking of its confrontation jurisprudence, I argue that, under the...
The Myth of the Written Constitution, Notre Dame Law Review (2009)
Many Americans have long subscribed to what this Article calls the myth of the written...
Courts
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Judicial Discretion in Constitutional Cases, Journal of Law & Politics (2011)
A damaging dichotomy is hindering the nation’s ability to talk intelligently and constructively about the...
The Myth of the Written Constitution, Notre Dame Law Review (2009)
Many Americans have long subscribed to what this Article calls the myth of the written...
Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted?, Washington University Law Review (2008)
A growing number of constitutional scholars are urging the nation to rethink its commitment to...
The Immoral Application of Exclusionary Rules, Wisconsin Law Review (2008)
In both civil and criminal cases today, judges routinely withhold relevant evidence from jurors, fearing...
Evidence
Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule, Fordham Urban Law Journal (2010)
In this symposium contribution, I argue that (1) courts infringe on jurors' deliberative autonomy in...
Counsel and Confrontation, Minnesota Law Review (2009)
Responding to the Court’s recent reworking of its confrontation jurisprudence, I argue that, under the...
The Immoral Application of Exclusionary Rules, Wisconsin Law Review (2008)
In both civil and criminal cases today, judges routinely withhold relevant evidence from jurors, fearing...
The Emotional Juror, Fordham Law Review (2007)
Addressing the dichotomy often drawn between emotions and rationality, I argue that, while emotions sometimes...
Evidentiary Relevance, Morally Reasonable Verdicts, and Jury Nullification, Iowa Law Review (2001)
In Old Chief v. United States, the Supreme Court stated that evidence offered by the...
Habeas Corpus
State Habeas Relief for Federal Extrajudicial Detainees, Minnesota Law Review (2007)
I argue that the Court’s nineteenth-century rulings in Ableman v. Booth and Tarble’s Case marked...
Killing Roger Coleman: Habeas, Finality, and the Innocence Gap, William and Mary Law Review (2007)
For the past fifteen years, the execution of Roger Coleman has served as perhaps the...
Federal Habeas Relief and the New Tolerance for "Reasonably Erroneous" Applications of Federal Law, Ohio State Law Journal (2002)
In Williams v. Taylor and Ramdass v. Angelone, the United States Supreme Court confronted one...
Jurisprudence
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Judicial Discretion in Constitutional Cases, Journal of Law & Politics (2011)
A damaging dichotomy is hindering the nation’s ability to talk intelligently and constructively about the...
Sodom's Shadow: The Uncertain Line Between Public and Private Morality, Hastings Law Journal (2010)
In citizens’ debates about issues of public policy, we frequently encounter what this Article calls...
Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted?, Washington University Law Review (2008)
A growing number of constitutional scholars are urging the nation to rethink its commitment to...
The Immoral Application of Exclusionary Rules, Wisconsin Law Review (2008)
In both civil and criminal cases today, judges routinely withhold relevant evidence from jurors, fearing...
Jurors
Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule, Fordham Urban Law Journal (2010)
In this symposium contribution, I argue that (1) courts infringe on jurors' deliberative autonomy in...
The Emotional Juror, Fordham Law Review (2007)
Addressing the dichotomy often drawn between emotions and rationality, I argue that, while emotions sometimes...
Evidentiary Relevance, Morally Reasonable Verdicts, and Jury Nullification, Iowa Law Review (2001)
In Old Chief v. United States, the Supreme Court stated that evidence offered by the...
Legal History
The Vitality of the American Sovereign, Michigan Law Review (2010)
In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional...
Counsel and Confrontation, Minnesota Law Review (2009)
Responding to the Court’s recent reworking of its confrontation jurisprudence, I argue that, under the...
The Immoral Application of Exclusionary Rules, Wisconsin Law Review (2008)
In both civil and criminal cases today, judges routinely withhold relevant evidence from jurors, fearing...
State Habeas Relief for Federal Extrajudicial Detainees, Minnesota Law Review (2007)
I argue that the Court’s nineteenth-century rulings in Ableman v. Booth and Tarble’s Case marked...
Our Anticompetitive Patriotism, U.C. Davis Law Review (2006)
In this article, I contend that the nation’s seemingly exclusive claim to citizens’ patriotism significantly...
Popular Constitutionalism
The Vitality of the American Sovereign, Michigan Law Review (2010)
In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional...
Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted?, Washington University Law Review (2008)
A growing number of constitutional scholars are urging the nation to rethink its commitment to...
Practice and Procedure
Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule, Fordham Urban Law Journal (2010)
In this symposium contribution, I argue that (1) courts infringe on jurors' deliberative autonomy in...
Counsel and Confrontation, Minnesota Law Review (2009)
Responding to the Court’s recent reworking of its confrontation jurisprudence, I argue that, under the...
The Immoral Application of Exclusionary Rules, Wisconsin Law Review (2008)
In both civil and criminal cases today, judges routinely withhold relevant evidence from jurors, fearing...
State Habeas Relief for Federal Extrajudicial Detainees, Minnesota Law Review (2007)
I argue that the Court’s nineteenth-century rulings in Ableman v. Booth and Tarble’s Case marked...
The Emotional Juror, Fordham Law Review (2007)
Addressing the dichotomy often drawn between emotions and rationality, I argue that, while emotions sometimes...
State and Local Government Law
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Professional Ethics
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Politics
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Legal Profession
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Judges
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Law and Society
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Civil Rights
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, Buffalo Law Review (2012)
From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...
Legal Education
The Analytic Classroom, Buffalo Law Review (2013)
This article proposes a dramatic shift in law schools’ approach to teaching doctrinal courses. The...