Yale Law Journal - 1995
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'No relief but upon the terms of coming into the house' - controlled spaces, invisible disentitlements, and homelessness in an urban shelter system.
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Jurisprudence for a Free Society: Studies in Law, Science, and Policy.
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Between the Lines: Interpreting Welfare Rights.
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Cheap speech and what it will do.
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Reading the Constitution as spoken.
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Alex Bickel's law school and ours.
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Rights, camera, action: cyberspatial settings and the First Amendment.
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Solomonic bargaining: dividing a legal entitlement to facilitate Coasean trade.
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To Keep and Bear Arms: The Origins of an Anglo-American Right.
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How the butler was made to do it: the perverted professionalism of "The Remains of the Day.".
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Celebrating Selma: the importance of context in public forum analysis.
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Abundance and user control: renewing the Democratic heart of the First Amendment in the age of interactive media.
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Stereotyping and difference: the future of sex discrimination law.
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Film as witness: screening 'Nazi Concentration Camps' before the Nuremberg Tribunal.
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The pursuit of 'popular intent': interpretive dilemmas in direct democracy.
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Disaggregating gender from sex and sexual orientation: the effeminate man in the law and feminist jurisprudence.
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Following the lead of defamation: a definitional balancing approach to religious torts.
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The Rushdie incident as law-and-literature parable.
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Counseling at the limits of the law: an exercise in the jurisprudence and ethics of lawyering.
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The Confirmation Mess: Cleaning up the Federal Appointment Process.
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With Justice for Some: Victims' Rights in Criminal Trials.
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The incorporation of international human rights standards into sexual orientation asylum claims: cases of involuntary 'medical' intervention.
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Legal realism, lex fori, and the choice-of-law revolution.
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The probation officer and the Federal Sentencing Guidelines: strange philosophical bedfellows.
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Law firms and associate careers: tournament theory versus the production-imperative model.
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The substantive origins of criminal procedure.
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The constitutionality of legislative supermajority requirements: a defense.
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Political Liberalism.
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Do liability rules facilitate bargaining? A reply to Ayres and Talley.
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Racially based jury nullification: black power in the criminal justice system.
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"Some of the most embarrassing questions": extraterritorial divorces and the problem of jurisdiction before Pennoyer.
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The Tower of Babel: bridging the divide between critical race theory and 'mainstream' civil rights scholarship.
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The death of a public intellectual.
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Distinguishing between consensual and nonconsensual advantages of liability rules.
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Shareholder dividend options.
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'To feel the great forces': the times of Burke Marshall.
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Anonymity, autonomy, and accountability: challenges to the First Amendment in cyberspaces.
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Overcoming Law.
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The path of cyberlaw.
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Allocating the local apportionment pie: what portion for resident aliens?
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Democracy and the Problem of Free Speech.
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In search of a new paradigm.
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Speaking truth to power: the language of civil rights litigators.
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Converging First Amendment principles for converging communications media.
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How the elephant lost his tusks.
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Autonomy and democracy.
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Let the money do the monitoring: how institutional investors can reduce agency costs in securities class actions.
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History of the Supreme Court of the United States, vol. 8, Troubled Beginnings of the Modern State: 1888-1910.
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A political theory of corporate taxation.
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Compound-complex criminal statutes and the Constitution: demanding unanimity as to predicate acts.
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Fashioning a Title VII remedy for transparently white subjective decisionmaking.
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Residential associations as state actors: regulating the impact of gated communities on nonmembers.
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An open letter to Congressman Gingrich.
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Trafficking in stolen information: a 'hierarchy of rights' approach to the private facts tort.
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The First Amendment in cyberspace.
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My senior partner.
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An idea whose time has come: a comparative procedural history of the Civil Rights Acts of 1960, 1964, and 1991.
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The contractarian basis of the law of trusts.
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On Appeal: Courts, Lawyering and Judging.
