College of Law

Publications

Books

• "Powers Reserved for the People and the States": A History of the Ninth and Tenth Amendments (with Thomas B. McAffee & Jay S. Bybee) (Praeger Publishers, 2006)

Articles, Essays & Book Reviews

• The Empirical Judiciary, 26 Const. Comment. 467 (2009) (reviewing David L. Faigman, Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford University Press, 2008))
• City of Cleburne v. Cleburne Living Center, Gravel v. United States, Williamson v. Lee Optical of Oklahoma, Hodel v. Virginia Surface Mining and Reclamation, Younger v. Harris, Bibb v. Navajo Freight Lines, Louisiana Power & Light v. City of Thibodaux, Duke Power Co. v. Carolina Environmental Study Group, Garcia v. San Antonio Metropolitan Transit Authority, Braniff Airways, Inc. v. Nebraska State Board of Equalization, City of Philadelphia v. New Jersey, Missouri v. Jenkins, and Nixon v. Fitzgerald in Encyclopedia of the Supreme Court of the United States (Macmillan, forthcoming 2008) (David S. Tanenhaus, ed.)
• Presidential Signing Statements and Congressional Oversight, 16 Wm. & Mary Bill Rts. J. 169 (2007) (symposium)
• The Third Death of Federalism, 17 Cornell J.L. & Pub. Pol'y 101 (2007)
• Quirin Revisited, 2003 Wis. L. Rev. 309 (with Carl Tobias)
• Stopping Time: The Pro-Slavery and "Irrevocable" Thirteenth Amendment, 26 Harv. J. Law & Pub. Pol'y 501 (2003)
• Retroactive Application of "New Rules" and the Antiterrorism and Effective Death Penalty Act, 70 Geo. Wash. L. Rev. 1 (2002)
• Youngstown Revisited, 29 Hastings Const. L. Q. 373 (2002) (with Carl Tobias)
• Haste Makes Waste, Nevada Lawyer (May 2001)
• Haste Makes Waste for U.S. Supreme Court: Agreeing to Hear Bush v. Gore Left Justices Little Time for Deliberations, Hanover Quarterly 22 (Spring 2001)
• Reading the Law in the Office of Calvin Fletcher: The Apprenticeship System and the Practice of Law in Frontier Indiana, 1 Nev. L.J. 19 (2001) (symposium)
• Remanding to Congress: The Supreme Court's New "On the Record" Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001) (with Timothy J. Simeone)
• Court Shouldn’t Have Rushed to Judgment, Reno Gazette-Journal 11A (December 23, 2000)
• Haste Makes Waste: High Court Didn’t Have the Time to Decide Issue Deliberately, Las Vegas Review-Journal (December 17, 2000)

Presentations

• The Pledge of Allegiance and the First Amendment, The Honorable Steve Chabot's 2004 Congressional Youth Delegation, Cincinnati, OH (April 26, 2004)
• The Fifth Amendment Privilege Against Self-Incrimination, The Ohio Center for Law-Related Education's Thirteenth Annual Law and Citizenship Conference, Columbus, OH (October 27, 2003)
• Youngstown Revisited, University of Cincinnati College of Law, Cincinnati, OH (November 25, 2002)
• Ex Parte Quirin Revisited, University of Wisconsin Law School, Madison, WI (November 8, 2002) (with Carl Tobias)
• The Constitution and the Three Branches of Government, Introduction to Law Week, Boyd School of Law (August 2001)
• Reading the Law in the Office of Calvin Fletcher, Annual Meeting of the American Society for Legal History, Princeton, NJ (October 2000)
• The Legislative Branch, Introduction to Law Week, Boyd School of Law (August 1999 & 2000)
• The 2000 Census, Reapportionment, and Redistricting, at Seminar: Current Developments in Law and Public Policy, Boyd School of Law (June 2000)
• The Supreme Court's End-of-the-Term Federalism Decisions, to Staff, Senate Judiciary Committee (July 1999)
• The First Thirteenth Amendment, Annual Meeting of the American Society for Legal History, Seattle, WA (October 1998)