Articles

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A Higher Law: Abraham Lincoln's Use of Biblical Imagery, forthcoming (2011)

Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House...

 

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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, William & Mary Bill of Rights Journal (2011)

The concept of “popular sovereignty” is not a simple, singular, unified concept; instead, as it...

 

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Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, Journal of Legal Medicine (2011)

The Patient Protection and Affordable Care Act is a comprehensive federal statute that attempts to...

 

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Lincoln was a Framer of the Constitution, Slip Opinions: the online supplement to Washington University Law Review (2009)
 

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Cross Burning a Hate Speech Under the First Amendment to the United States Constitution, Amsterdam Law Forum (2009)

Under the First Amendment of the Constitution of the United States, ‘hate speech’ is constitutionally...

 

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Legacy of Slaughterhouse. Bradwell, and Cruikshank in Constitutional Interpretation, Akron Law Review (2009)

The Slaughterhouse Cases, Bradwell v. Illinois, and Cruikshank v. United States, which were all decided...

 

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Ten Questions on Gay Rights and Freedom of Religion, Akron Journal of Constitutional Law and Policy (2009)

In my opinion most of the legal and social problems that arise under the Constitution...

 

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Waterboarding is Illegal, Slip Opinions: The online supplement to Washington University Law Review (2008)

In his 2007 confirmation hearing before the Senate Judiciary Committee considering his nomination to be...

 

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Congress Has the Power to Enforce the Bill of Rights Against the Federal Government: Therefore FISA is Constitutional and the President's Terrorist Surveillance Program is Illegal, William & Mary Bill of Rights Journal (2007)

The principal point of this Article is that Congress has plenary authority to enforce the...

 

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In Defense of the Roosevelt Court, Florida A. & M. University Law Review (2007)

The overriding purpose of the New Deal was to create opportunities for the common person...

 

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Constitutional Jurisprudence of Sandra Day O'Connor: A Refusal to "Foreclose the Unanticipated", Akron Law Review (2006)

Earlier this year, Justice Sandra Day O’Connor retired from the Supreme Court of the United...

 

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State Action Doctrine and the Principle of Democratic Choice, Hofstra Law Review (2006)

The state action doctrine is somewhat of a mystery to law students, legal scholars, lawyers,...

 

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Ohio Issue 1 is Unconstitutional, North Carolina Central Law Review (2005)

This article discusses the constitutionality of Ohio Issue 1, an amendment to the state constitution...

 

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Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral, Indiana Law Journal (2004)

Such a multi-faceted analysis cannot be conflated into two dimensions. Whatever the allure of absolute...

 

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Jurisprudential Revolution Unlocking Human Potential in Lawrence and Grutter, William & Mary Bill of Rights Journal (2004)

The decisions of the Supreme Court in Lawrence v. Texas and Grutter v. Bollinger, stripped...

 

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Scienter, Causation, and Harm: The Right-Hand Side of the Constitutional Calculus, William & Mary Bill of Rights Journal (2004)

But, although the rights of free speech and assembly are fundamental, they are not in...

 

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Stages of Legal Reasoning: Formalism, Analogy, and Realism, Villanova Law Review (2003)

In the late 19th Century, legal reasoning was dominated by formalistic analysis. Judges and lawyers...

 

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Three Legal Frameworks for Regulating Genetic Technology, Journal of Contemporary Health Law and Policy (2003)

The Genetic Age promises another exponential increase in human knowledge and potential. ... This article...

 

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Compelling Lessons in the First Amendment: Michael Kent Curtis, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History, Constitutional Commentary (2002)

Book review.

 

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Use and Limits of Syllogistic Reasoning in Briefing Cases, Santa Clara Law Review (2002)

During the nineteenth century, law was equated with science, and legal reasoning was thought to...

 

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Teaching Legal Analysis Using a Pluralistic Model of Law, Gonzaga Law Review (2001)

The purpose of this Article is to describe a pluralistic model of reasoning that may...

 

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Political Alienation in America and the Legal Premises of the Patriot Movement, Gonzaga Law Review (1998)

Representative democracy in America faces a serious threat. Our society is becoming increasingly alienated from...

 

Books

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Five Types of Legal Argument (2008)

The Five Types of Legal Argument succeeds both as a work of legal theory and...

 

Contributions to Books

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Legacy of the Supreme Court's First Interpretations: Slaughterhouse, Bradwell, Cruikshank and Constitutional Analysis, Infinite Hope and Finite Disappointment: The First Interpreters of the Fourteenth Amendment (2011)
 

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Board of Regents v. Roth, 408 U.S. 564 (1972), Encyclopedia of the Supreme Court of the United States (2008)
 

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Public Purpose, Encyclopedia of the Supreme Court of the United States (2008)
 

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R.A. v. City of St. Paul, 505 U.S. 377 (1992), Encyclopedia of the Supreme Court of the United States (2008)
 

Unpublished Papers

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THE INFLUENCE OF ABRAHAM LINCOLN ON THE SUPREME COURT’S INTERPRETATION OF THE CONSTITUTIONAL PRINCIPLES OF LIBERTY AND EQUALITY, ExpressO (2010)

The purpose of this article is to demonstrate that the Supreme Court has embraced Abraham...