The
Good Lawyer: Seeking Quality in
the Practice of Law, Oxford University Press
(forthcoming, 2013)(with
Nancy Levit)
Law Review Articles
Happy Law Students, Happy Lawyers, 58
SYRACUSE LAW REVIEW 351-373 (2008)(with Nancy Levit)
Bending Toward Justice: John Doar and the "Mississippi Burning" Trial, 72 MISSISSIPPI LAW JOURNAL 1-49 (2003).
Salvaging Amistad, 31 JOURNAL OF MARITIME LAW AND COMMERCE 559-581 (2000).
Without Fear or Favor: Judge James Horton and the Trial of the Scottsboro Boys, 68 U. M. K. C. LAW REVIEW 549-583 (2000).
Juror Empathy and Race, 63 TENNESSEE LAW REVIEW 887-916(1996)
The Other Right-to-Life Debate: When Does Fourteenth Amendment "Life" End?, 37 ARIZONA LAW REVIEW 1183-1207 (1995)
Trends in Constitution-Based Litigation in the Federal Courts, 63 U.M.K.C. LAW REVIEW 41-77 (1994)
Journeying Through the Valley of Evil, 71 NORTH CAROLINA LAW REVIEW, 1111-1150 (1993)
Review of Affirmative Action After Metro Broadcasting v. F.C.C.: The Solution Almost Nobody Wanted, 59 U.M.K.C. LAW REVIEW, 293-319 (1991) (cited by U.S. Supreme Court in Adarand Constructors v. Pena, 115 S. Ct. 2097 (1995))
Retreat from the Melting Pot?: Cultural Pluralism and Public Policy, 59 U.M.K.C. LAW REVIEW 471 (1991)
A New Direction for Preservaton Law: Creating an Environment Worth Experiencing, 20 ENVIRONMENTAL LAW 49-81 (1989)
Some Doubts Concerning the Selection Hypothesis of George Priest, 37 THE UNIV. OF KANSAS LAW REVIEW 319-347 (1989)
"Are All Species Created Equal?" And Other Questions Shaping Wildlife Law, 12 THE HARVARD ENVIRONMENTAL LAW REVIEW 157-200 (1988)
Strict Constructionism and the Strike Zone, 56 U.M.K.C. LAW REVIEW 117-120 (1987)(Reprinted in Baseball and the American Legal Mind, Waller, S., Cohen N., and Finkelman P., eds., Garland Publishing 1995)
Freedom of Association After Roberts v. United States Jaycees, 82 MICHIGAN LAW REVIEW 1878-1903 (1985)
The Two Hundredth Reunion of Delegates to the Constitutional Convention (or, "All Things Considered, We'd Really Rather Be in Philadelphia"), 1985 ARIZONA STATE LAW JOURNAL 823-863 (1985)
How Judges Judge: A Study of Disagreement on the United States Court of Appeals for the Eighth Circuit, 38 ARKANSAS LAW REVIEW 479-560 (1985)
When Names Are Not News, They're Negligence: Media Liability for Personal Injuries Resulting From the Publication of Accurate Information, 52 U.M.K.C. LAW REVIEW 421 (1984)
Why Copyright Law Should Not Protect Advertising, 62 OREGON LAW REVIEW 231 (1982) (with James Howard)
What in the Constitution Cannot be Amended?, 23 ARIZONA LAW REVIEW 717 (1981)
One Dialogue on Constitutional Religion,
14 CREIGHTON LAW REVIEW 1249 (1981) (with Michael Quinn)
Chapters and Essays in
Books
"The Trial of John Peter Zenger and the Birth of Press Freedom," in Historians on America: Decisions That Made a Difference (State Department)(2007)
"The Dakota Conflict Trials" in Great American Trials by Edward W. Knappman (editor)(2001)
"The Trial of Sheriff Joseph Shipp" in Great American Trials by Edward W. Knappman (editor)(2001)
"Strict Constructionism and the Strike Zone," in Baseball and the American Legal Mind by Waller, S., Cohen N., and Finkelman P.(editors)(1995)
E-Book
Bending Toward Justice: Heroes in Great Trials Involving the Rights of Black Americans [A collection of profiles of trial heroes including Lewis Tappan (Amistad trial), Clarence Darrow (Sweet trials), Judge James Horton (Scottsboro Boys trial), Charles Hamilton Houston (Gaines trial), and John Doar ("Misssissippi Burning" trial)] (2001).
Internet
Famous American Trials Website (1997 to present) [The Famous American Trials Website is the Web's largest and most visited collection of original essays, images, and primary materials pertaining to famous trials. The site averages approximately 8,000,000 page requests per month and has been reviewed in publications such as the New York Times and USA Today.]
Exploring Constitutional Conflicts Website (1999 to present).
Trial Heroes Website (1999).
Exploring First Amendment Law (2000 to present).