Articles

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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...
 

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Five Types of Legal Argument (2002)