ONLINE ARTICLES
“Now Boarding Everyone but You, Loser,” Jane Austen’s Wastebasket, January 2, 2025.
“Make America Great Again by Banning My Book! (Please?),” The Haven, November 20, 2024.
“Welcome to Political Science 101 With Professor Marjorie Taylor Greene,” The Haven, July 4, 2024.
“The Worst Thing to Say to Your Professor on the First Day of Class—And 20 Other Worst Things, Too,” Medium, April 4, 2024.
“Why I Need You to Move to Fargo as Soon as Possible, Preferably by the Weekend,” The Haven, October 12, 2020.
“Security Report: American Food & Drug—Day No. 69 of the Pandemic,” How Pants Work, May 22, 2020.
“I Plan to Do Great Work Today,” Points in Case, November 9, 2018.
"TRUMP: The Art of the Deal, with a new Introduction by the author," The Haven, May 10, 2018.
"The First Father's Day for Adam, Father of All Mankind," Janice Magazine, August 4, 2017.
"President Trump's Father's Day Schedule," Huffington Post, June 7, 2017.
"President Trump's Cabinet," Huffington Post, April 23, 2016.
"Just a Little Off the Top, Please," Huffington Post, June 26, 2013.
"Manifesto of the Common Sense Party," Huffington Post, September 10, 2012.
"The Attraction of Distraction," Huffington Post, June 14, 2012.
MAGAZINE & NEWSPAPER ARTICLES
"Just Let Us Pump Our Own Gas Already," The Oregonian, July 16, 2017.
"Is there a Text in this Class?", The Journal of Irreproducible Results, Fall 2013, 12-13.
"Judicial Modesty Rules in Fisher's Affirmative Action Challenge," The Morning Call, June 26, 2013.
"Democracy Is Missing from the Constitution," The Morning Call, September 17, 2011.
"Not Guilty does not Mean Innocent," Philadelphia Inquirer, July 7, 2011.
"Learning Involves More than Filling in the Blanks," The Morning Call, May 27, 2011.
"Have You Heard About the Political Candidate Who Said . . . ?", The Morning Call, June 18, 2010.
"Sestak's Best Non-Supporter," Philadelphia Inquirer, June 3, 2010 (with Frank Davis).
ACADEMIC JOURNAL ARTICLES
"Law & Order: The Politics of Crime and Punishment," Choice 49 (November 2012): 407-20.
"Who Let (the) Dog Out?," Criminal Law Bulletin 47:6 (November-December 2011): 1169-85.
"Bad Medicine: On Disciplining Physician Felons," The Cardozo Journal of Conflict Resolution 11:1 (Fall 2009): 133-80 (with Milton Heumann and Simon Burger). Part I of the article. Part II of the article.
"Actively Learning Public Law," Law & Courts 18:3 (Summer 2008): 31-42.
"The Essential Kafka: Definition, Distention and Dilution in Legal Rhetoric," University of Louisville Law Review 46:1 (2007): 115-58. Part I of the article. Part II of the article.
"Strange Brew: Method and Form in Electoral Speech Jurisprudence," Southern California Interdisciplinary Law Journal 14:2 (2005): 271-312. Part I of the article. Part II of the article.
"A Funny Thing Happened on the Way to the Market: The Supreme Court and Political Speech in the Electoral Process," Journal of Law & Politics 17:3 (Summer 2001): 489-551. Part I of the article. Part II of the article.
BOOK REVIEWS
The Tough Luck Constitution, by Andrew Koppelman, Choice, November 2013.
The Oxford Handbook of Juvenile Crime and Justice, by Barry Feld and Donna Bishop, eds., Choice, July 2012.
Habeas Corpus in America: The Politics of Individual Rights, by Justin Wert, Choice, October 2011.
The Cycle of Juvenile Justice, 2nd ed., by Thomas Bernard and Megan Kurlychek, Choice, May 2011.
The American Supreme Court, 5th ed., by Robert McCloskey, Choice, January 2011.
The Supreme Court on Trial: How the American Justice System Sacrifices Innocent Defendants, by George C. Thomas, III, Choice, October 2009.
Speech out of Doors, by Timothy Zick, Perspectives on Politics 7:2 (June 2009): 418-20.
The Perils of Federalism: Race, Poverty, and the Politics of Crime Control, by Lisa Miller, Choice, May 2009.
Equality and Liberty in the Golden Age of State Constitutional Law, by Jeffrey Shaman, Choice, December 2008.
Speak No Evil, by Jon Gould, Law & Politics Book Review 15:9 (September 2005): 857-62.
The American Jury System, by Randolph Jonakit, Law & Politics Book Review 14:6 (June 2004): 389-92.
ENCYCLOPEDIA ENTRIES
"Elections," in Encyclopedia of Law and Society: American and Global Perspectives, ed. David S. Clark (Thousand Oaks: Sage, 2007), 474-77.
"Marketplace of Ideas," in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge Reference, 2006), 962.
"Kyllo v. United States," in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge Reference, 2006), 899-900.
"Jury Nullification," in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge Reference, 2006), 869-70.
"Buckley v. Valeo," in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge Reference, 2006), 193-94.
"Abrams v. United States," in Encyclopedia of American Civil Liberties, ed. Paul Finkelman (New York: Routledge Reference, 2006), 13-14.
"Abrams v. United States," in Encyclopedia of the Supreme Court, ed. David Schultz (New York: Facts on File, 2005), 4.
"Anonymous Political Speech," in Encyclopedia of the Supreme Court, ed. David Schultz (New York: Facts on File, 2005), 17.
"Board of Regents of University of Wisconsin v. Southworth," in Encyclopedia of the Supreme Court, ed. David Schultz (New York: Facts on File, 2005), 42-43.
"New York Times Co. v. Sullivan," in Encyclopedia of the Supreme Court, ed. David Schultz (New York: Facts on File, 2005), 313.