Yale Law Journal - 1996
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Telling the Court's story: justice and journalism at the Supreme Court.
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Commonsense Justice: Jurors' Notions of the Law.
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Copyright and a democratic civil society.
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Principled silence.
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Controlling chronic misconduct in city spaces: of panhandlers, skid rows, and public-space zoning.
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The most dangerous branch.
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The death of liability.
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Upholding 'Don't Ask, Don't Tell.' (gays and lesbians in the military)
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A treasure not worth salvaging.
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Presidential War Power.
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Arbitrating novel legal questions: a recommendation for reform.
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Faulty assumptions and undemocratic consequences of campaign finance reform.
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Equal protection and the special relationship: the case of native Hawaiians.
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Legal entitlements as auctions: property rules, liability rules, and beyond.
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Regulatory Takings: Law, Economics, and Politics.
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Rethinking regulatory reform: toxics, politics, and ethics.
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Faith profaned: the Religious Freedom Restoration Act and religion in the prisons.
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Incapacitation: Penal Confinement and the Restraint of Crime.
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Cyberspace, general searches, and digital contraband: the Fourth Amendment and the net-wide search.
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Fighting Words: Individuals, Communities, and Liberties of Speech.
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The illegitimate president: minority vote dilution and the electoral college.
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Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses.
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Individual Justice in Mass Tort Litigation: The Effect of Class Actions, Consolidations, and Other Multiparty Devices.
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Pitied but Not Entitled: Single Mothers and the History of Welfare.
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'The rule of love': wife beating as prerogative and privacy.
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Ownership and Control: Rethinking Corporate Governance for the Twenty-First Century.
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The uneasy case for the priority of secured claims in bankruptcy.
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Whose Welfare? AFDC and Elite Politics.
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Jihad and the Constitution: the First Amendment implications of combating religiously motivated terrorism.
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Public Lands and Private Rights: The Failure of Scientific Management.
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The doctrine of political accountability and Supreme Court jurisdiction: applying a new external constraint to Congress's exceptions clause power.
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Solving the Batson paradox: harmless error, jury representation, and the Sixth Amendment.
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Original issue discount and the "LTV risk" reconsidered.
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Broken Promise: The Subversion of U.S. Labor Relations Policy, 1947-1994.
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"The foundation of our 'regulatory takings' jurisprudence": the myth and meaning of Justice Holmes's opinion in Pennsylvania Coal Co. v. Mahon.
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Passions and Constraint: On the Theory of Liberal Democracy.
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A brooding omnipresence: totalitarianism in postwar constitutional thought.
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Pardon me? The constitutional case against presidential self-pardons.
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The Idea of Private Law.
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The moral menace of Roman law and the making of commerce: some Dutch evidence.
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The Selling of Supreme Court Nominees.
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Foolish consistency: on equality, integrity, and justice in stare decisis.
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Patterns of American Jurisprudence.
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Indian Territory and the United States: 1866-1906, Courts, Government, and the Movement for Oklahoma Statehood.
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The practice of dissent in the Supreme Court.
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Simple Rules for a Complex World.
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Slide Mountain, or The Folly of Owning Nature.
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Elusive advocate: reconsidering Brandeis as people's lawyer.
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The Godless Constitution.
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Cheaters, not criminals: antitrust invalidation of statutes outlawing sports agent recruitment of student athletes.
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The pure theory as ideal type: defending Kelsen on the basis of Weberian methodology.
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W. Haywood Burns: to be of use.
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The Myth of Democratic Failure.
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On "I know it when I see it." (Supreme Court Justice Potter Stewart's famous opinion regarding pornography).
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Subsidized speech.
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Permanent replacements, Presidential power, and politics: judicial overreaching.
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Monitoring motherhood.
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Constitutional Law as Fiction: Narrative in the Rhetoric of Authority.
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Mothers in Law: Feminist Theory and the Legal Regulation of Motherhood.
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From Opportunity to Entitlement: The Transformation and Decline of Great Society Liberalism.
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The Law Firm and the Public Good.
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Freedom's Law: The Moral Reading of the American Constitution.
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Alien Nation: Common Sense About America's Immigration Disaster.
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Adventures in the zone of twilight: separation of powers and national economic security in the Mexican bailout.
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The Imaginary Domain: Abortion, Pornography, and Sexual Harassment.
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When should an offer stick? The economics of promissory estoppel in preliminary negotiations.
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Heidegger and the theory of adjudication.
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Administrative discretion gone awry: the reintroduction of the public charge exclusion for HIV-positive refugees and asylees.
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The Color of Welfare: How Racism Undermined the War on Poverty.
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Saving FACE: clinic access under a new Commerce Clause.
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(Net)workers' rights: the NLRA and employee electronic communications.
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The thorny path to Thornhill: the origins at equity of the free speech overbreadth doctrine.
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To Secure These Rights: The Declaration of Independence and Constitutional Interpretation.
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Virtually Normal: An Argument About Homosexuality.
