Bibliography

Erwin Chemerinsky

Forthcoming

Enhancing Government: Federalism for the 21st Century (Stanford University Press, forthcoming 2008)

Books

Federal Jurisdiction (5th ed., Aspen Publishers 2007)
Constitutional Law: Principles and Policy (3d ed. 2006)
Constitutional Law (Aspen Law & Business, 2d ed. 2005) (casebook)
Federal Jurisdiction (4th ed. 2003; 3d. ed. 1999; 2d ed. 1994; 1st edition 1989) (treatise)
Constitutional Law: Principles and Policies (2d. ed 2002; 1st ed. 1997) (treatise)
Constitutional Law (2001) (casebook) (Annual supplements in 2001, 2002, 2003)
Interpreting the Constitution (1987)

Articles & Essays

An Overview of the October 2006 Supreme Court Term, 23 Touro Law Review 731-739 (2008)
Closing the Courthouse Doors to Civil Rights Plaintiffs, 44 Trial 64-65 (March 2008)
Empowering States When It Matters: A Different Approach to Preemption, in Terrorism, Government, and Law: National Authority and Local Autonomy in the War on Terror 130-146 (Susan N. Herman & Paul Finkleman eds., 2008)
First Amendment Decisions from the October 2006 Term, 23 Touro Law Review 741-760 (2008)
The Story of City of Los Angeles v. Lyons: Closing the Federal Courthouse Doors, in Civil Rights Stories 131-150 (Myriam E. Gilles & Risa L. Goluboff eds., 2008)
The Story of Santa Fe Independent School District v. Doe: God and Football in Texas, in Education Law Stories 319-336 (Michael A. Olivas & Ronna Greff Schneider eds., 2008)
Will Exxon Punitive Damages Spill Over into Due Process Questions?, 44 Trial 62-64 (January 2008)
A Troubling Take on Excessive-force Claims, 43 Trial 74-77 (July 2007)
An Overview of the October 2005 Supreme Court Term, 22 Touro Law Review 873-896 (2007)
Challenging Direct Democracy, 2007 Michigan State Law Review 293-306
Foreword: The Constitution and Fundamental Rights, 18 University of Florida Journal of Law & Public Policy xi-xv (2007)
Injunctions in Defamation Cases, 57 Syracuse Law Review 157-173 (2007)
Judicial Restraint: How Kermit Roosevelt III's Judicial Theory Undermines the Very Case for Judicial Philosophies, 3 Democracy: A Journal of Ideas (Winter 2007) (reviewing Kermit Roosevelt III, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale University Press, 2006))
More Questions About Punitive Damages, 43 Trial 72-74 (May 2007)
Presidential Powers Including Military Tribunals in the October 2005 Term, 22 Touro Law Review 897-916 (2007)
Rediscovering Brandeis's Right to Privacy, 45 Brandeis Law Journal 643-657 (2007)
Small Docket , Big Decisions in Court's New Term, 43 Trial 70-72 (November 2007)
The Court Deals a Blow to Pay Discrimination Plaintiffs, 43 Trial 60-61 (September 2007)
The Incredible Shrinking Docket, 43 Trial 64-65 (March 2007)
The State-created Danger Doctrine, 23 Touro Law Review 1-26 (2007)
Turning Sharply to the Right, 10 Green Bag 2d 423-438 (2007)
Was He Guilty as Charged? An Alternative Narrative Based on the Circumstantial Evidence From 12 Angry Men, 82 Chicago-Kent Law Review 691-710 (2007) (with Sara Sun Beale & James E. Coleman, Jr.)
Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine, in The Political Question Doctrine and the Supreme Court of the United States 181-197 (Nada Mourtada-Sabbah & Bruce E. Cain eds., 2007)
Workers Win in Retaliation Case, 43 Trial 58-59 (January 2007)
A Look Back at the Rehnquist Era and an Overview of the 2004 Supreme Court Term, 21 Touro Law Review 731-762 (2006)
A Term to Remember, 42 Trial 62-64 (January 2006)
Assessing Chief Justice William Rehnquist, 154 University of Pennsylvania Law Review 1331-1364 (2006)
Constitutionality of the Attorney Liability Provisions of the Bankruptcy Reform Act , in Attorney Liability in Bankruptcy 141-152 (ABA General Practice, Solo & Small Firm Division, 2006) (with Barbara Glesner Fines)
Court Revisits Sovereign Immunity in Discrimination Cases, 42 Trial 70-72 (March 2006)
Federalism Cases in the October 2004 Term, 21 Touro Law Review 787-807 (2006)
Foreword to Susan N. Herman, The Right to a Speedy and Public Trial xi-xiii (Praeger, Reference Guides to the United States Constitution, No. 16, 2006)
In Guantanamo Case, Justices Rein In Executive Power, 42 Trial 60-62 (Sept. 2006)
Making Confirmation Hearings More Meaningful, 115 Yale Law Journal Pocket Part 38 (January 2, 2006)
Now, It’s the Kennedy Court, California Bar Journal 1, 7 (August 2006)
Reconceptualizing Federalism, 50 N.Y. Law School Law Review 729-755 (2006)
Roberts Court Enters A Divisive Second Year, 42 Trial 66-68 (Nov. 2006)
The Assault On The Constitution: Executive Power And The War On Terrorism, 40 U.C. Davis Law Review 1-20 (2006)
The Assumptions of Federalism, 58 Stanford Law Review 1763-1791 (2006)
The End of an Era: Supreme Court October Term 2004, in Seventh Annual Supreme Court Review 17-31 (PLI, 2006)
The First Amendment and Military Recruiting, 42 Trial 78-79 (May 2006)
The Kennedy Court, 9 Green Bag 2d 335-346 (2006)
The Rehnquist Court and the Death Penalty, 94 Georgetown Law Journal 1367-1383 (2006)
The Supremes: All Eyes Are on the Roberts Court and Justice Anthony Kennedy’s Potential Swing Vote, 26 California Lawyer 20 (October 2006)
Upholding Due Process, 42 Trial 84-85 (July 2006)
Why the Supreme Court Was Wrong About the Solomon Amendment, 1 Duke Journal of Constitutional Law & Public Policy 259-278 (July 12, 2006)
2003-2004 Supreme Court Update, 2005 Utah Law Review 97-125
A Civil Rights Victory for Prisoners, 41 Trial 76-77 (May 2005)
Age Discrimination Claims Get a Boost From the Court, 41 Trial 76-77 (July 2005)
Catch the High Court's Eye With a Compelling Petition, 41 Trial 70-71 (April 2005) (with Doriane Lambelet Coleman)
Constitutional Issues Posed in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 79 American Bankruptcy Law Journal 571-602 (2005)
Court Adds Class Actions, Religion to Docket, 41 Trial 66-68 (January 2005)
Detentions Without Due Process of Law Following September 11th, 20 Touro Law Review 889-908 (2005)
Empowering States: The Need to Limit Federal Preemption, 33 Pepperdine Law Review 69-75 (2005)
Empowering States: A Rebuttal to Dr. Greve, 33 Pepperdine Law Review 91-94 (2005)
Enemy Combatants and Separation of Powers, 1 Journal of National Security Law & Policy 73-87 (2005)
In Defense of Filibustering Judicial Nominations, 26 Cardozo Law Review 331-352 (2005) (with Catherine Fisk)
Keynote Address: Rehnquist Court's Federalism Revolution, 41 Willamette Law Review 827-846 (2005)
Qualified Immunity Ruling Raises Hurdles for Plaintiffs, 41 Trial 66-67 (March 2005)
Rehnquist's Steady Conservatism Reshaped the Law, 41 Trial 70-72 (November 2005)
The End of an Era: The October Term 2004, 8 Green Bag 2d 345-354 (2005)
The Lower Federal Courts and the War on Terrorism, 39 Valparaiso University Law Review 607-623 (2005)
The O'Connor Legacy, 41 Trial 68-69 (September 2005)
The Segregation and Resegregation of American Public Education: The Court's Role, 38 Clearinghouse Review 633-650 (2005), reprinted in School Resegregation: Must the South Turn Back (John Boger & Gary Orfield eds., University of North Carolina Press 2005)
Wartime Security and Constitutional Liberty: Detainees, 68 Albany Law Review 1118-1126 (2005)
Why Justice Breyer Was Wrong in Van Orden v. Perry, 14 William & Mary Bill of Rights Journal 1-16 (2005)
The Constitution and Punishment, 56 Stanford Law Review 1049-1080 (2004)
Politics, Not History, Explains the Rehnquist Court, 13 Temp. Pol. & Civ. Rts. L. Rev. 647 (2004)
Deconstitutionalization of Education, The, 36 Loy. U. Chi. L.J. 111 (2004)
Real Discrimination, 16 Wash. U. J. L. & Pol'y 97 (2004)
In Defense of Judicial Review: The Perils of Popular Constitutionalism, 2004 U. Ill. L. Rev. 673 (2004)
Cruel and Unusual: Lockyer v. Andrade, in A Year at the Supreme Court 175-190 (Neal Devins & Davison M. Douglas eds., 2004)
In Defense of Judicial Review: A Reply to Professor Kramer, 92 California Law Review 1013-1025 (2004)
Empowering States When It Matters: A Different Approach to Preemption, 69 Brooklyn Law Review 1313-1333 (2004)
Evolving Standards of Decency in 2003—Is the Death Penalty on Life Support?, 29 University of Dayton Law Review 201-222 (2004)
Fairness at the Ballot Box: What Good is the Right to Vote if Every Ballot Isn't Counted? , 40 Trial 32-37 (April 2004)
Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law Enforcement, 51 UCLA Law Review 1619-1643 (2004)
The Need to Clarify the Meaning of U.S. Supreme Court Remands: The Lessons of Punitive Damages' Cases, 36 Arizona State Law Journal 513-526 (with Ned Miltenberg)
Progressive and Conservative Constitutionalism as the United States Enters the 21st Century, 67 Law & Contemporary Problems 53-62 (Summer 2004)
Putting the Gun Control Debate in Social Perspective, 73 Fordham Law Review 477-485 (2004)
The Rehnquist Revolution, 2 Pierce Law Review 1-16 (2004)
Unanswered Questions: October Term 2003, 7 Green Bag 2d 323-334 (2004)
What Is Commercial Speech?: The Issue Not Decided in Nike v. Kasky, 54 Case Western Reserve Law Review 1143-1160 (2004) (with Catherine Fisk)
Government Duty to Protect: Post-Deshaney Developments, 19 Touro L. Rev. 706 (2003)
Post 9/11 Civil Rights: Are Americans Sacrificing Freedom for Security, 81 Denv. U. L. Rev. 773 (2003)
Supreme Court Review, 51 U. Kan. L. Rev. 269 (2003)
Closing the Courthouse Doors to Civil Rights Litigants, 5 University of Pennsylvania Journal of Constitutional Law 537-557 (2003)
Cruel and Unusual: the Story of Leandro Andrade, 52 Drake Law Review 1-24 (2003)
Entrenchment of Ordinary Legislation: A Response to Professors Posner and Vermeule, 91 California Law Review 1773-1819 (2003) (with John Roberts)
Foreword: The Myth of the Liberal Ninth Circuit, 37 Loyola of Los Angeles Law Review 1-21 (2003)
Ideology and the Selection of Federal Judges, 36 U.C. Davis Law Review 619-631 (2003)
Ignoring the Rule of Law: the Courts and the Guantanamo Detainees, 25 Thomas Jefferson Law Review 303-316 (2003)
October Term 2002: Value Choices by the Justices, Not Theory, Determines Constitutional Law, 6 Green Bag 2d 367-377 (2003)
The Parsonage Exemption Violates the Establishment Clause and Should Be Declared Unconstitutional, 24 Whittier Law Review 707-737 (2003)
Privacy and the Alaska Constitution: Failing to Fulfill the Promise, 20 Alaska Law Review 29-49 (2003)
The Segregation and Resegregation of American Public Education: The Role of the Courts,” 81 North Carolina Law Review 1597-1622 (2003)
Separate and Unequal: American Public Education Today, 52 American University Law Review 1461-1475 (2003)
Under the Bridges of Paris: Economic Liberties Should Not be Just for the Rich, 6 Chapman Law Review 31-42 (2003)
Understanding the Rehnquist Court: An Admiring Reply to Professor Merrill, 47 St. Louis University Law Review 659-675 (2003)
Balancing Copyright Protections and Freedom of Speech: Why the Copyright Extension Act is Unconstitutional, 36 Loyola of Los Angeles Law Review 83-97 (2002)
Supreme Court 2000-2001 Term: First Amendment Cases, 18 Touro L. Rev. 690 (2002)
Ensuring the Supremacy of Federal Law: Why the District Court Was Wrong in Westside Mothers v. Haveman, 12 Health Matrix 139-156 (2002)
How Should We Think About Bush v. Gore, 34 Loyola University of Chicago Law Journal 1-21 (2002)
Neutrality in Establishment Clause Interpretation: A Potentially Radical Right Turn, in Church-State Relations in Crisis: Debating Neutrality 211-221 (Stephen Monsma ed., 2002)
Restrictions on the Speech of Judicial Candidates Are Unconstitutional: A Reply to Professor O'Neil, 35 Indiana Law Review 735-746 (2002)
The Rhetoric of Constitutional Law, 100 Michigan Law Review 2008-2035 (2002)
Law Enforcement and Criminal Law Decisions, 28 Pepp. L. Rev. 517 (2001)
Supreme Court Update, 31 N.M. L. Rev. 31 (2001)
Against Sovereign Immunity, 53 Stanford Law Review 1201-1224 (2001)
Bush v. Gore Was Not Justiciable, 76 Notre Dame Law Review 1093-1112 (2001)
The Constitutional Jurisprudence of the Rehnquist Court, in The Rehnquist Court 195-216 (Martin Belsky ed., 2001)
Does Federalism Advance Liberty, 47 Wayne State Law Review 911-930 (2001)
The Expressive Interest of Associations, 9 William & Mary Bill of Rights Journal 595-617 (2001) (with Catherine Fisk)
Federalism Revolution, 31 New Mexico Law Review 7-30 (2001)
Henry Lecture: Getting Beyond Formalism in Constitutional Law, 54 Oklahoma Law Review 1-16 (2001); Further Thoughts, 54 Oklahoma Law Review 59-65 (2001)
An Independent Analysis of the Board of Inquiry Report on the Rampart Scandal, 34 Loyola of Los Angeles Law Review 545-655 (2001)
Justice O’Connor: Twenty Years of Shaping Constitutional Law, 32 McGeorge Law Review 877-893 (2001)
Protecting the Spending Power, 4 Chapman Law Review 89-105 (2001)
The Role of Prosecutors in Dealing with Police Abuse: The Lessons of Los Angeles, 8 Virginia Journal of Social Policy & the Law 305-327 (2001)
Why the Rehnquist Court is Wrong About the Establishment Clause, 33 Loyola University of Chicago Law Journal 221-236 (2001)
A Different Vision of Judicial Review: in Tribute to Professor Grano, 46 Wayne Law Review 1403-1418 (2000)
Procedural Due Process Claims, 16 Touro L. Rev. 894 (2000)
Are Student Delivered Graduation Prayers and Religious Speeches Constitutional, 5 NEXUS 12 (2000)
Entries on Abstention; Lebron v. National Railroad Passenger Corp.; State Action; and The Filibuster (with Catherine Fisk), in Encyclopedia of the American Constitution, Supplement II (2000)
Balancing Act: Legislative Power and Judicial Independence (The Report of the Citizens for Independent Courts Task Force on the Role of the Legislature in Setting the Power and Jurisdiction of the Courts), in Uncertain Justice: Politics and America's Courts 215-224 (2000)
Content Neutrality as a Central Problem of Freedom of Speech: Problems in the Supreme Court's Application, 74 Southern California Law Review 49-64 (2000)
The Court Should Have Remained Silent: Why the Court Erred in Deciding Dickerson v. United States, 149 University of Pennsylvania Law Review 287-308 (2000)
Further Reflections of a Framer: The Los Angeles Charter Reform Experience, 3 Green Bag 2d 125-133 (Winter 2000)
The Hypocrisy of Alden v. Maine: Judicial Review, Sovereign Immunity, and the Rehnquist Court, 33 Loyola of Los Angeles Law Review 1283-1308 (2000)
The Jurisprudence of Justice Scalia: A Critical Appraisal, 22 University of Hawaii Law Review 385-401 (2000)
Learning the Wrong Lessons from History: Why There Must Be an Independent Counsel Law, 5 Widener Law Symposium Journal 1-15 (Winter 2000)
Protect the Press: A First Amendment Standard for Safeguarding Aggressive Newsgathering, 33 University of Richmond Law Review 1143-1165 (2000)
Right Result, Wrong Reasons: ‘Reno v. Condon’, 25 Oklahoma City University Law Review 823-841 (2000)
Students Do Leave Their First Amendment Rights At the School House Gates: What's Left of Tinker?, 48 Drake Law Review 527-546 (2000)
Substantive Due Process, 15 Touro L. Rev. 1534 (1999)
Prosecutorial Immunity, 15 Touro L. Rev. 1643 (1998-1999)
Balancing the Rights of Privacy and the Press: A Reply to Professor Smolla, 67 George Washington Law Review 1152-1161 (1999)
Civil Rights Without Remedies: Vicarious Liability Under Title VII, Title IX, and Section 1983, 7 William & Mary Bill of Rights Journal 755-799 (1999) (with Catherine Fisk)
The Constitution and Authoritarian Institutions (Donahue Lecture), 32 Suffolk University Law Review 441-461 (1999)
Do State Religious Freedom Restoration Acts Violate the Establishment Clause or Separation of Powers?, 32 University of California, Davis Law Review 645-664 (1999)
Equality, in Encyclopedia of Philosophy (C. Grey ed., 1999)
Hate Crimes, in Encyclopedia of Violence in the United States (R. Gottesman & M. Mazon eds., 1999)
The Ethics of Being a Commentator Part III, 50 Mercer Law Review 737-765 (1999) (with Laurie Levenson)
A Framework for Analyzing the Constitutionality of Restrictions on Fedral Court Jurisdiction in Immigration Cases, 29 University of Memphis Law Review 295-316 (1999)
In Defense of the Big Tent: The Many Audiences for Legal Scholarship, 34 Tulsa Law Review 667-678 (1999) (with Catherine Fisk)
Protecting Privacy from Technological Intrusions, 1999 NYU Annual Survey of American Law 183-192
The Rehnquist Court and Justice: An Oxymoron?, 1 Washington University Journal of Law & Policy 37-52 (1999)
The Supreme Court, Public Opinion, and the Role of the Academic Commentator, 40 South Texas Law Review 943-955 (1999)
Can Courts Make a Difference?, in Redefining Equality 191-204 (N. Devins and D. Douglas eds., 1998)
More Speech is Better, 45 UCLA Law Review 1635-1651 (1998)
Preserving an Independent Judiciary: The Need for Contribution and Expenditure Limits in Judicial Elections, 74 Chicago-Kent Law Review 133-149 (1998)
The Religious Freedom Restoration Act is a Constitutional Expansion of Rights, 39 William & Mary Law Review 601-636 (1998)
Silence is Not Golden: Protecting Lawyer Speech Under the First Amendment, 47 Emory Law Journal 859-887 (1998)
The Ethics of Being a Commentator Part II, 37 Santa Clara Law Review 913-941 (1997) (with Laurie Levenson)
The Ethics of Prosecutors in High Profile Cases, in National Association of Criminal Defense Lawyers Symposium, 1997
Federalism As Empowerment, Not Limits, 45 University of Kansas Law Review 1219-1240 (1997)
The Filibuster, 49 Stanford Law Review 181-254 (1997) (with Catherine Fisk)
Formalism and Functionalism in Federalism Analysis, 13 Georgia State Law Review 959-984 (1997)
In Defense of Courts: Perspectives on Decision-Makers, 71 American Bankruptcy Law Journal 109-130 (1997)
Lawyers Have Free Speech Rights Too: Why Gag Orders on Lawyers Are Almost Always Unconstitutional, 17 Loyola Entertainment Law Journal 311-331 (1997)
What Would Be the Impact of Eliminating Affirmative Action, 27 Golden Gate Law Review 313-336 (1997)
Making Sense of the Affirmative Action Debate, 22 Ohio N.U. L. Rev. 1159 (1996)
The Impact of the Proposed California Civil Rights Initiative, 23 Hastings Constitutional Law Quarterly 999-1018 (1996)
The Ethics of Being a Commentator, 69 Southern California Law Review 1303-1339 (1996) (with Laurie Levenson)
Assessing Minimum Contacts: A Reply to Professors Cameron and Johnson, 28 UC Davis Law Review 863-870 (1995)
Dunwoody Distinguished Lecture in Law: The Values of Federalism, 47 University of Florida Law Review 499-541 (1995)
Eliminating Discrimination in Administering the Death Penalty: The Need for the Racial Justice Act, 35 Santa Clara Law Review 519-533 (1995)
Fragmentation of Federal Rules, 46 Mercer Law Review 757-793 (1995) (with Barry Friedman)
Is It the Siren's Call?: Judges and Free Speech While Cases are Pending, 28 Loyola of Los Angeles Law Review 831-849 (1995)
A Passionate Voice Retires, 26 University of West Los Angeles Law Review 1-6 (1995)
Reporters Draft for the Working Group on Principles to Use When Considering the Federalization of Civil Law, 46 Hastings Law Journal 1305-1317 (1995)
Fifty-fifth Cleveland Marshall Fund Lecture: The First Amendment: When the Government Must Make Content-Based Choices, 42 Cleveland-State Law Review 199-214 (1994)
Lost Opportunity: The Burger Court and the Failure to Achieve Equal Educational Opportunity, 45 Mercer Law Review 999-1015 (1994)
Why Cases Under the Guarantee Clause Should Be Justiciable, 65 Colorado Law Review 849-880 (1994)
The Fire This Time, 66 Southern California Law Review 1571-1580 (1993)
History, Tradition, the Supreme Court, and the First Amendment, 44 Hastings Law Journal 901-919 (1993)
Is the Rehnquist Court Really that Conservative?: An Analysis of the 1991-92 Term, 26 Creighton Law Review 987-1003 (1993)
Making the Case for a Constitutional Right to Minimum Entitlements, 44 Mercer Law Review 525-541 (1993)
School Vouchers: A Lawyer's Perspective, in School Choice: Proceedings of the Fourteenth Conference on the University/Urban Schools National Task Force (Richard M Bossone & Irvin H Polishook eds., 1993)
Should Title VII of the Civil Rights Act of 1964 Be Repealed?: No, 2 Southern Califronia Interdisciplinary Law Journal 349-366 (1993)
Supreme Court Decisions on the Presidency, in 4 Encyclopedia of the American Presidency 1417-1421 (L. Fisher & L. Levy eds., 1993)
October Tragedy, 65 Southern California Law Review 1497-1516 (1992)
Rationalizing Jurisdiction, 41 Emory Law Journal 3-12 (1992)
The Supreme Court and the Fourteenth Amendment: The Unfulfilled Promise, 25 Loyola of Los Angeles Law Review 1143-1158 (1992)
The Unlawful Execution of Robert Alton Harris, 102 Yale Law Journal 225-254 (1992) (with Caminker)
The Crumbling Wall Between Church and State, in The Constitution, Society, and Religion, Proceedings of a Conference on Religion and Society, Creighton University, 1991
In Defense of Truth, 41 Case Western Reserve Law Review 745-756 (1991)
Ending the Marathon: It is Time to Overrule ‘Northern Pipeline’, 65 American Bankruptcy Law Journal 311-324 (1991)
Ending the Parity Debate, 71 Boston University Law Review 593-608 (1991)
Habeas Corpus, in Encyclopedia of the American Constitution, Supplement (L. Levy & K. Karst eds., 1991)
Privacy v. Freedom of Speech: Striking the Balance, in Freedom of Speech and the American Community: A Conference Honoring Franklyn S. Haiman , Northwestern University, 1991
A Unified Approach to Justiciability, 22 Connecticut Law Review 677-702 (1991)
Congress, the Supreme Court, and the Eleventh Amendment: A Comment on the Decisions During the 1988-89 Term, 39 DePaul Law Review 321-344 (1990)
Defining the Role of the Federal Courts, 1990 Brigham Young University Law Review 67-96 (with Larry Kramer)
The Constitution and Private Schools, in Public Values, Private Schools (N. Devins ed., 1989)
The Constitution is Not 'Hard Law': The Bork Rejection and the Future of Constitutional Jurisprudence, 6 Constitutional Commentary 29-38 (1989)
Foreword: The Vanishing Constitution, 103 Harvard Law Review 43-102 (1989)
Ideology, Judicial Selection, and Judicial Ethics, 2 Georgetown Journal of Legal Ethics 643 (1989)
The Question Is Not Clear, But Party Government Is Not the Answer, 30 William & Mary Law Review 411-424 (1989)
Evaluating Judicial Candidates, 61 Southern California Law Review 1985-1994 (1988)
Federal Courts, State Courts, and the Constitution: A Rejoinder to Professor Redish, 36 UCLA Law Review 369-382 (1988)
Parity Reconsidered: Defining a Role for the Federal Judiciary, 36 UCLA Law Review 233-328 (1988)
Protecting the Democratic Process: Voter Standing to Challenge Abuse of Incumbency, 49 Ohio State Law Journal 773-798 (1988)
A Paradox Without a Principle: A Comment on the Burger Court's Jurisprudence in Separation of Powers Cases, 60 Southern California Law Review 1083-1114 (1987)
Thinking About Habeas Corpus, 37 Case Western Reserve Law Review 748-793 (1987)
Wrong Questions Get Wrong Answers: An Analysis of Professor Carter's Theory of Judicial Review, 66 Boston University Law Review 47-69 (1986)
Changing the Rules of the Game: The New F.C.C. Regulations on Political Debates, 7 Comm/Ent: Hastings Journal of Communication and Entertainment Law 1-18 (1985)
More is Not Less: A Rejoinder to Professor Marshall, 80 Northwestern Law Review 571-576 (1985)
Pedagogy Without Purpose: An Essay on Professional Responsibility Courses and Casebooks, 1985 American Bar Foundation Research Journal 189-200
Rethinking State Action, 80 Northwestern Law Review 503-557 (1985)
State Sovereignty and Federal Court Power: The Eleventh Amendment After ‘Pennhurst v. Halderman’, 12 Hastings Constitutional Law Quarterly 643-668 (1985)
Training the Ethical Lawyer: A Rejoinder to Professor Schneyer, 1985 American Bar Foundation Research Journal 959-970
The Price of Asking the Wrong Question: An Essay on Constitutional Scholarship and Judicial Review, 62 Texas Law Review 1207-1262 (1984)
Controlling Fraud Against the Government: The Need for Decentralized Enforcement, 58 Notre Dame Law Review 995-1018 (1983)
Controlling Inherent Presidential Power: Providing a Framework for Judicial Review, 56 Southern California Law Review 863-911 (1983)
In Defense of Equality: A Reply to Professor Westen, 81 Michigan Law Review 575-599 (1983)
Ending the Dual System of American Public Education: The Urgent Need for Legislative Action, 32 DePaul Law Review 77-106 (1982)
Rationalizing the Abortion Debate: Legal Rhetoric and the Abortion Controversy, 31 Buffalo Law Review 107-164 (1982)
Fraud and Corruption Against the Government: A Proposed Statute to Establish a Taxpayer Remedy, 72 Journal of Criminal Law & Criminology 1482-1521 (1981)
Government Statistics: The Case for Independent Regulation -- A Legislative Proposal, 59 Texas Law Review 1223-1246 (1981) (with David Zarefsky and Alan S. Loewinsohn)
Protecting Lawyers from their Profession: Redefining the Attorney's Role, 5 Journal of the Legal Profession 31 (1980)
Defining the Best Interests: Constitutional Protections in Involuntary Adoptions, 18 Journal of Family Law 79 (1979)

Book reviews

A Grand Theory of Constitutional Law?, 100 Michigan Law Review 1249 (2002) (reviewing Jed Rubenfeld, Freedom and Time: A Theory of Constitutional Self-Government (2001))
Unfettered Expression: Freedom in American Intellectual Life, 87 Academe 89 (September/October 2001) (reviewing Unfettered Expression: Freedom in American Intellectual Life (Peggie J. Hollingsworth ed., 2000))
Losing Faith: America Without Judicial Review, 98 Michigan Law Review 1416 (2000) (reviewing Mark Tushnet, Taking the Constitution Away from the Courts (1999))
Opening Closed Chambers, 108 Yale Law Journal 1087 (1999) (reviewing Edward Lazarus, Closed Chambers (1998))
Amending the Constitution, 96 Michigan Law Review 1561 (1998) (reviewing David E. Kyvig, Explicit and Authentic Acts: Amending the U.S. Constitution, 1776-1995 (1996))
Book review, 34 Trial 96 (April 1998) (reviewing Peter Irons, May It Please the Court: The First Amendment (1997))
Book review, 33 Trial 72 (December 1997) (reviewing Charles L. Black, Jr., A New Birth of Freedom: Human Rights, Names and Unnamed (1997))
Book review, 83 ABA Journal 70 (1997) (reviewing Thomas Baker, The Most Wonderful Work: Our Constitution Interpreted (1996))
Book review, 32 Trial 62 (December 1996) ( reviewing Fred Maroon, The Supreme Court of the United States (1996))
Speaking for the Minority, Los Angeles Times, July 7, 1996 (reviewing Alan Dershowitz, Reasonable Doubts: The O.J. Simpson Case and the Criminal Justice System (1996))
Book review, 32 Trial 94 (July 1996) (reviewing Bernard Schwartz, Decision: How the Supreme Court Decides Cases (1996))
The Center Holds: The Power Struggle Inside the Rehnquist Court, 31 Trial 53 (December 1995) (reviewing James F. Simon, The Center Holds: The Power Struggle Inside the Rehnquist Court (1995))
The Responsible Judge, 8 Western Legal History 291 (1995) (reviewing The Responsible Judge: Readings in Judicial Ethics (John Thomas Noonan & Kenneth Winston eds., 1993))
Rehabilitating Federalism, 92 Michigan Law Review 1333 (1994) (reviewing essay of Samuel Hutchison Beer, To Make a Nation (1993))
Constitutional Scholarship in the 1990s, 45 Hastings Law Journal 1105 (1994) (review essay of Stephen E. Gottlieb, Public Values in Constitutional Law (1993))
Book review, 29 Trial 47 (December 1993) (reviewing Kim Isaac Eisler, A Justice For All: William J. Brennan and the Decisions that Transformed America (1993))
Packing the Court Conservative Style, 12 California Lawyer 99 (July 1992) (reviewing David Savage, Turning Right: The Making of the Rehnquist Supreme Court (1992))
Book review, 28 Trial 89 (July 1992) (reviewing Bruce Ackerman, We the People: Foundations (1993))
A Rich History of Our Rights, 12 California Lawyer 90 (January 1992) (reviewing Burns & Burns, A People's Charter: The Pursuit of Rights in America (1991))
The Seduction of Deduction: The Allure of and Problems with a Deductive Approach to Federal Court Jurisdiction, 86 Northwestern Law Review 96 (1991) (reviewing Martin H. Redish, Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory (1991))
The Constitutional Interpretation Debate Continues, 27 Trial 88 (May 1991) (reviewing Wellington, Interpreting the Constitution (1991))
An Encyclopedia on the Sociology of the Legal Profession, 37 UCLA Law Review (1990) (reviewing Lawyers in Society (Abel and Lewis eds., 1988))
Book review, 26 Argumentation & Advocacy 166 (1990) (reviewing McCann & Houseman, Judging the Constitution: Critical Essays on Judicial Lawmaking (1989))
Judging Reagan's Judges, California Lawyer 122 (November 1990) (reviewing Bernard Schwartz, The New Right and the Constitution: Turning Back the Clock (1990))
Continuing the Controversy, California Lawyer 122 (June 1990) (reviewing of Laurence Tribe, Abortion: The Clash of Absolutes (1990))
Empty History, 81 Michigan Law Review 828 (1983) (reviewing Crosskey & Jeffrey, 3 Politics and the Constitution in the History of the United States (1980))
Book review, 17 Wake Forest Law Review 701 (1981) (reviewing John Hart Ely, Democracy and Distrust (1980)

Newspaper articles and commentary

A Bad LAPD Decision, Squared, Los Angeles Times, January 12, 2007, at 23
A Break With Precedent On Abortion, Newark Star Ledger, April 23, 2007, at 15
A Well-Regulated Right to Bear Arms, Washington Post, March 14, 2007, at A15
Abandoning the Promise, Baltimore Sun, July 5, 2007, at 15A (with Charles Clotfelter)
Bush's Saving of Insider Libby Destroys Tradition, Abuses Presidential Power , Los Angeles Daily Journal, July 9, 2007, at 6
Conservative Justice; Forget the Promises -- Roberts and Alito Delivered High Court Ideology, Los Angeles Times, June 29, 2007, at A35
Don't Rush to Execution; California Must Reject Gonzales' Effort to Bend Death Penalty Rules, Los Angeles Times, August 16, 2007, at A17
High Court Must Allow Review For Guantanamo Detainees, Orlando Sentinel, February 22, at A15
Historical Parallel To Attorney Firings?, San Diego Union-Tribune, March 27, 2007, at B7
Judges Know Best: Debating 'Gonzales v. Carhart', Los Angeles Daily Journal, May 15, 2007, at 6 (with Catherine Fisk)
Letter Imperfect, Los Angeles Daily Journal, April 19, 2007, at 6 (Forum Column)
Off Base, Los Angeles Daily Journal, February 13, 2007, at 6
On the Senate Grill, Gonzales Defiant: For His Lies to the People, AG Must Go, Los Angeles Daily Journal, April 20, 2007, at 1
Partial Birth Decision Shows Court Will Overrule Precedent, Chicago Sun Times, April 23, 2007, at 43
Prisoners of the Rule of Law, Boston Globe, February 22, 2007, A9
Rehnquist Revelation, Los Angeles Daily Journal, January 10, 2007, at 8
Silencing Profanity Wastes Government Time, Los Angeles Daily Journal, June 12, 2007, at 6
Smokey Logic, Los Angeles Daily Journal, March 15, 2007, at 6
The Death of Segregation, Raleigh News & Observer, July 3, 2007, at A10 (with Charles Clotfelter)
'Garcetti' Decision Ignores the People's Right to Know, Daily Journal Forum Column, June 15, 2006
A Scholar Views the Hearing -- Alito Sanitizes a Career That Cries for Filibuster by the Senate -- Alito Bowdlerizes Record That Cries for Filibuster, Daily Journal, January 12, 2006
Blinding Schools to Race Devalues Diversity, Daily Journal, Dec. 21, 2006
Congress Should Adopt Immediately a Federal Shield Law for Journalists, Daily Journal, October 25, 2006
Court Blasts Indecency of Criminalizing Homeless, Daily Journal Forum Column, April 19, 2006
Court Snubs Free Speech to Bow to Military, Daily Journal Forum Column, March 15, 2006
Every Executive Needs a Limit: Judge Taylor Got It Right On Wiretapping, Slate Magazine, August 18, 2006
Law Schools Have Right to Bar Military Recruiters, Daily Journal Forum Column, January 3, 2006
Legislating Violations of the Constitution, Washington Post, Sept. 30, 2006
Let All Criminal Defendants Pick Their Lawyers, Daily Journal, August 18, 2006
Naming names at the LAPD: The Police Commission's Decision Not to Disclose the Identity of Officers Involved in Shootings is an Example of Special-interest Politics at its Worst, Los Angeles Times, February 17, 2006, at California Metro13
Navy Is Wrong to Force Out Guantanamo Lawyer, Daily Journal, October 23, 2006
New Rules For Detainees Still Fall Short, Raleigh News & Observer, Setpember 10, 2006, at A31
On the Roberts Court, the Police Get More Freedom, Daily Journal, July 21, 2006
Roberts Court Nips a Little at Sovereign Immunity, Daily Journal Forum Column, February 23, 2006
Ruling Was a Loss For Free Speech, Association, Richmond Times-Dispatch, March 20, 2006, at A9
Schools Must Be Able to Limit Abusive Speech, Daily Journal, May 18, 2006
Speakers Cornered: Cheney's Leaking Represents An Abuse Of Power, Not Freedom Of Speech, Slate Magazine, July 25, 2006
Standing Up To Injustice In A Crisis, Raleigh News & Observer, October 20, 2006, at A15
State Supreme Court in 'Copley' Undermines Accountability of Police, Daily Journal, September 8, 2006
The LAPD Needs Policing, Los Angeles Times, May 3, 2006, at California Metro13 (with Catherine Lhamon & Mark Rosenbaum)
The Supremes, Daily Journal, October 1, 2006
Use Careful Procedures, National Law Journal, June 5, 2006, at 27
Attack on Court Threatens Crucial Checks and Balances, Daily Journal, April 12, 2005
Citing Foreign Law Sparks Unnecessary Bruhaha, Daily Journal, March 15, 2005
Court Moves to Weed Out Race Issue in Jury Selection, Daily Journal, June 15, 2005
Deep Throat's Message, Raleigh News & Observer, June 3, 2005, at A15
Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal, January 18, 2005 (with Neil S. Siegel and Laurie Levenson)
Justices' Opinions Make Future of Establishment Clause Unclear, Daily Journal Forum Column, July 18, 2005
Memos, Briefs Give Democrats Reason to Oppose Nomination, Daily Journal Forum Column, September 15, 2005
Mothball Gitmo, Not Detainees, Raleigh News & Observer, July 24, 2005 at 23A (with Stephen Yagman)
Splitting 9th Circuit Is Costly, Conservative Ploy, Daily Journal Forum Column, November 15, 2005
Statute Undercuts Right to Mount First Amendment Defense, Daily Journal, February 16, 2005
Surprising High-Court Rulings Shift Civil Rights Outlook, Daily Journal, May 19, 2005
Thomas, Unbridled, Would Gut 200 Years of Precedent, Daily Journal Forum Column, August 5, 2005
Two Scholars View the Hearing: Testimony Misleads Judiciary Panel, People, Daily Journal Forum Column, September 14, 2005
White House, Miers Must Reveal Her Hidden Record, Daily Journal Forum Column, October 19, 2005
Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal, January 18, 2005 (with Neil Siegel)
3rd Circuit Award Law Schools Victory Against Military, Daily Journal, December 22, 2004
Senate’s ‘Nucelar Option’, Los Angeles Times, December 5, 2004 (with Michael Gerhardt)
Separation of Church and State May Not Hold Under Bush, Daily Journal, November 17, 2004
Justices Begin Another Blockbuster Year, 40 Trial 76 (November 2004)
Congress Has No Authority to Preclude Judicial Review, Daily Journal, October 12, 2004
Another Year of Blockbusters (US Supreme Court 2004 term), 24 California Lawyer 17 (October 2004)
Criminal Justice System Regresses Under ‘Gementera,’ Daily Journal, September 14, 2004
Three Decisions, One Big Victory for Civil Rights, 40 Trial 74 (September 2004)
Ruling Shows Internet Requires Great Judicial Protection, Daily Journal, August 18, 2004
The Chief Isn’t the Best One to Police the Police, Los Angeles Times, July 16, 2004
Rulings Encourage Police to Ignore ‘Miranda,’ Daily Journal, July 9, 2004
‘Blakely’ Signifies Great Change in Sentencing in Criminal Cases, Daily Journal, June 28, 2004 (with Laurie Levenson)
Court Bars Out-of-court 'Testimonial' Statements, 40 Trial 82 (July 2004)
9th Circuit Rightly Let Doctors Carry Out Their Patients’ Wishes, Daily Journal, June 23, 2004
Tiptoeing Around ‘Under God’, Los Angeles Times, June 15, 2004
Appeals Court’s Ruling Could Open Door to Hope for Lifers, Daily Journal, May 21, 2004
Government is Not Required to Aid Religion, 40 Trial 84 (May 2004)
Legal Pundits Loose Lipped, National Law Journal, April 19, 2004 (with Laurie L. Levenson & Therese H. Maynard)
Judges Shouldn’t Issue Gag Orders to Control High-Profile Cases, Daily Journal, April 12, 2004
First Amendment Doesn’t Prohibit Nudity or Profanities, Daily Journal, March 19, 2004
In One Key Area, (the Chief) Justice is Indeed Blind, Los Angeles Times, March 19, 2004 (with Steven Lubet)
Five Justices Hold Firm on 'Soft' Campaign Money, 40 Trial 78 (March 2004)
Life in Prison for Shoplifting: Cruel and Unusual Punishment, 31 Human Rights 11-14 (2004)
Wal-Mart Initiative Subverts Democracy, Daily Journal, February 23, 2004
Ban Fundraising Among L.A. City Commissioners, Los Angeles Times, February 10, 2004 (with Laura Chick)
Is Los Angeles’ City Attorney Qualified? Of Course He Is, Daily Journal, February 5, 2004
Who Are You? — Americans Have Right to Know More About Government’s Detainees, Daily Journal, January 16, 2004
Constitution Bars Prosecution of Long-ago Child Abusers, 40 Trial 64 (Jan 2004)
Pro Bono Requirement for Faculty Members, A, 37 Loy. L. A. L. Rev. 1235 (2003-2004)
Gender Neutral — Laws Prohibiting Same-Sex Marriage Violate Constitutional Principles, Daily Journal, December 19, 2003
Under Control — Will Other Nations Treat Our Citizens and Soldiers the Way We Treat Theirs?, Daily Journal, November 26, 2003
Elections, Religion, and Federalism Top Court’s Docket in New Term, 39 Trial 78 (November 2003)
Now That It’s Finally Over, Let’s Revamp the Recall, Los Angeles Times, October 29, 2003 (with Mark Ridley-Thomas)
Closed Doors: 'Luce Forward' Continues Unjust Trend of Keeping Litigants Out of Court, Daily Journal, October 17, 2003
The First Tuesday in October, California Lawyer (October 2003)
Court Must Buck Political Pressure in Pledge Case, Los Angeles Times; Oct 15, 2003
See No Evil?: Racial Privacy Initiative Pretends That Ignorance is Bliss, Daily Journal, September 25, 2003
Recall Delay by Court Prevents Violation of Equal Protection Clause, Daily Journal, September 22, 2003
9th Circuit ruling guards the precious right of voter equality, Los Angeles Times, September 16, 2003
The Court Marks the Limits of Fedralism, 39 Trial 78 (September 2003)
In the Balance -- The Court’s Failure to State Levels of Scrutiny in Key Rulings Could Cause Problems, Daily Journal, August 15, 2003
Punitive Damages After Campbell, Romo and Smith, 39 Trial 18 (August 2003)
Question of Time: Supreme Court Was Right to Toss Popular Law that Put Molestors in Jail, Daily Journal, July 25, 2003
Place to Pass Judgment on Kobe Bryant Is in Court, Los Angeles Times, July 22, 2003
Striking Balance on Hate Speech., 39 Trial 78 (July 2003)
Torture Tactics: Ruling in Chavez Gives Police License to Question Suspects Abusively, Daily Journal, June 20, 2003
Is Any Sentence Cruel and Unusual, 39 Trial 78 (May 2003)
Hateful Speech Doesn’t Deserve Protection If It Contains Threats, Daily Journal, May 16, 2003
Closing the Courthouse Doors, 37 Clearinghouse Review 64 (2003)
To Prevent a Repeat of Rampart, Fix More Than the LAPD, Los Angeles Times, Apr 25, 2003;
Look Closely: Senate Should Bring Judicial Nominees Under Sharp Focus, Daily Journal, April 17, 2003
Color Red, White, and Blue: Litigation Alerts in USA Patriot Act, California Lawyer (April 2003)
By Flouting War Laws, U.S. Invites Tragedy, Los Angeles Times, Mar 25, 2003
Supreme Court’s Blockbuster Term, 39 Trial 72 (March 2003)
Majority Ignored Precedent and Changed Law in Three Strikes Case, Daily Journal (March 21, 2003)
Sentencing petty crooks to life for shoplifting or drug use makes no sense constitutionally, morally or financially, Los Angeles Times, Mar 10, 2003
Give Rampart Investigators a Big Stick and Then Turn Them Loose,Los Angeles Times; Mar 3, 2003 (with Constance L. Rice)
Limiting Suits to Enforce Federal Laws, 39 Trial 70 (January 2003)
Lesson in Equality: Colleges Need Affirmative Action to Bring Diverse Perspectives to Classroom, Daily Journal (December 20, 2002)
Providing Equal Justice for Voiceless, Daily Journal (December 19, 2002) (with Daniel Grunfeld and David Lash)
Medipot Haze: States, Not U.S. Should Have Right to Regulate Doctors, Los Angeles Daily Journal (November 22, 2002)
No to a Far-Right Court: Use Filibusters, Los Angeles Times, November 11, 2002 (with Catherine Fisk)
Judicial Elections and the First Amendment, 38 Trial 78 (November 2002)
Have the Rehnquist Court’s Federalism Decisions Increased Liberty, 29 Human Rights 3-8 (Fall 2002)
Tensions Between Liberty and Order, Insights on Law and Society (Fall 2002)
Bratton’s Right Guy, But Will He Succeed?, Daily News of Los Angeles (October 7, 2002)
Not So Far Out After All, National Law Journal (October 7, 2002)
Supreme Court Preview, California Lawyer (October 2002)
We Might Get More Bang With Our Bucks: Forget War, Start Writing Checks, In the Long Term We Would Save Big, Los Angeles Times (September 26, 2002)
Reject Conservative Shedd for Federal Court of Appeals, Charlotte Observer (September 4, 2002)
A Plaintiff Friendly Standard for Civil Rights Cases, 38 Trial 64 (September 2002)
Right Criteria Key to Finding LAPD Chief, Daily News of Los Angeles (August 25, 2002)
Politicizing the Judicial System: Voters Should Able to Hear the Views of Jurists in Deciding How to Cast Their Ballots, Los Angeles Daily Journal (August 16, 2002)
Expand the City Council to Expand City Services; Secession Is No Solution, Los Angeles Times (August 7, 2002)
Court Continues to Focus on Sovereign Immunity, 38 Trial 66 (August 2002)
Ultimate Sanction: Criminal Justice System Must Handle Death Penalty Cases Differently, Los Angeles Daily Journal (July 3, 2002)
Targeting Speech: First Amendment Doesn’t Safeguard Threats Against Abortion Doctors, Los Angeles Daily Journal (June 19, 2002)
Constitution Does Not Allow Holding Citizens Without Safeguards, San Francisco Chronicle (June 13, 2002)
Boroughs Are as Bad Secession: Already Adopted Reforms Should Be Given a Chance, Los Angeles Times (May 22, 2002)
Tahoe-Sierra Ruling Lets Feds Delay Development to Ensure Adequate Consideration of Vital Interests, Los Angeles Daily Journal (May 10, 2002)
Can Plaintiffs Make Disparate-Impact Claims in Age Discrimination Cases, 38 Trial 72 (May 2002)
Blacks Would Pay a Price for Secession, Los Angeles Times (April 26, 2002)
Justice Undone: Supreme Court’s Federalism Decisions Are Activism from the Right, Los Angeles Daily Journal (April 26, 2002)
Parks or No Parks, LAPD Needs Reform, Los Angeles Times (April 9, 2002)
Barrier to Entry: Recent Rulings Leave Potential Plaintiffs with Valid Claims Out in the Cold, Los Angeles Daily Journal (March 15, 2002)
One Defeat, One Victory for Civil Rights Plaintiffs, 28 Trial 72 (March 2002)
Petty Theft: Limitations on Three Strikes Are Welcome Corrective to Unfair Law, Los Angeles Daily Journal, March 1, 2002
The Rise of Federalism, Los Angeles Lawyer (March 2002)
Hahn Showed Guts in Shunning Chief Parks, Los Angeles Times, February 6, 2002
Guidelines for Affirmative Action Programs After Proposition 209, 24 Los Angeles Lawyer (February 2002)
Of Course Ideology Should Matter in Judicial Selection, 7 Nexus, A Journal of Opinion 3 (2002)
The Rehnquist Court, 66 Social Education 34 (2002)
Independence is Essential in Enron Probe, Los Angeles Times, January 23, 2002
Wanted: Experts to Help Assess Chief Parks, Los Angeles Times, January 3, 2002
Raising Constitutional Doubts, 38 Trial (January 2002)
Funding Fracas: Circuit Split on IOLTA Ripe for High Court Review, Los Angeles Daily
Journal, December 18, 2001
Police Discipline Needs to Be on Ballot, Los Angeles Daily News, December 17, 2001
Abortion Clinics Deserve Protection, Los Angeles Times, December 12, 2001 (with Katherine Spillar)
Behind Bars: Convictions for Petty Crimes Should Not Contribute to Strikes, Los Angeles Daily Journal, November 16, 2001
LAPD's Rotten Apples Remain, Los Angeles Times, November 11, 2001
Strike Out Three-Strikes Law, Los Angeles Times, November 6, 2001
High Court Signals a Change in Voting Rights Litigation, 37 Trial (November 2001)
Making History: Commission Tackles Council Redistricting, Los Angeles Daily News (October 21, 2001) (with George Kieffer)
Blue Moon: Justices Take on Sexually Oriented Speech, Los Angeles Daily Journal, October 16, 2001
An Informed Public in the Greatest Weapon of Democracy, Los Angeles Times, October 11, 2001
Giving Up Our Rights for Little Gain, Los Angeles Times, September 27, 2001
Reaching High: Universities Need Supreme Court's Help in Their Quest to Transcend Unfair Past, Los Angeles Daily Journal, September 21, 2001
Riordan Ran Rings Around the City Charter, Los Angeles Times, September 6, 2001
Expanding the Protections of the Takings Clause, 37 Trial (September 2001)
Guide to Legal Literacy (2d ed.) (published by California State Bar)
Supreme Patterns: Last Term Saw a Continuation of Recent Trends, Los Angeles Daily Journal, August 21, 2001
Step Right Up and Plug State's Gun Loophole: Holding a Gun Company Liable Doesn't Deny the Shooter's Role, Los Angeles Times, August 8, 2001
The Anti-Civil Rights Court, 21 California Lawyer (August 2001)
On High: Our Supreme Court Should Give Us Broad, Clarifying Rulings, Los Angeles Daily Journal, July 20, 2001
Forecasting the Future of Federalism, 37 Trial (July 2001)
Not Totally Back to the Past, California Lawyer (June 2001)
Secretly Naming Police Monitor Ignores Public, Los Angeles Times, May 22, 2001
Moving Violation: Atwater Lets a Miffed Officer Arrest for Petty Offenses, Los Angeles Daily Journal, May 18, 2001
LAPD Reforms Fade Like the Cheshire Cat, Los Angeles Times, May 14, 2001
Court Expands Sovereign Immunity Again, 37 Trial (May 2001)
Local Position: When Does Sovereign Immunity Protect Cities and Counties, Los Angeles Daily Journal, April 17, 2001
See No Evil: Sovereign Immunity Puts States Above the Law, Implying They Can Do No Wrong, Los Angeles Daily Journal, March 23, 2001
The Revival of Federalism Continues, 37 Trial (March 2001)
The O'Connor Court, 21 California Lawyer (March 2001)
Mayor's Power Play Sets Back LAPD Reform, Los Angeles Times, February 7, 2001
A Dramatic Change in Sentencing Practices, California Lawyer (February 2001)
High Speed Chases, 37 Trial 24 (February 2001)
For Answers on Rampart We Have to Ask Questions, Los Angeles Times, January 23, 2001
O'er the Ramparts We Watched, California Lawyer (January 2001)
Shrinking Federal Powers, 37 Trial 82 (January 2001)
Senators Should Fight for Middle Ground and Block Ashcroft, Los Angeles Times, December 24, 2000
Less Volatile: Small Docket Holds Few Controversial Cases, Los Angeles Daily Journal, December 19, 2000
Court Responds to Values Rather Than Partisanship, Los Angeles Times, December 15, 2000
Neither Won, So Split the Electors Between Them, Los Angeles Times, December 7, 2000
The Clearly Correct Justices Merely Tried to Have Votes Count, Los Angeles Daily Journal, December 4, 2000
Authority Lies With Florida Courts, Los Angeles Times, November 30, 2000
Righteous Reform: City Must Go Beyond Police Department, Change Whole Criminal Justice System, Los Angeles Daily Journal, November 17, 2000
The Verdict: Yes, Juries Will Convict Officers, Los Angeles Times, November 16, 2000
A Dramatic Change in Sentencing Practices, 36 Trial 102 (November 2000)
U.S. Supreme Court Preview, 20 California Lawyer 27 (October 2000)
Searchlight: High Court Will Continue to Illuminate Fourth Amendment, Los Angeles Daily Journal, October 17, 2000
Are Student Delivered Graduation Prayers and Religious Speeches Constitutional?, 5 A Journal of Opinion 3-11 (Fall 2000)
Divided Court Grapples with Religion, 36 Trial 86 (September 2000)
Open Season: Dale Permits Greater Discrimination Based on Race, Sex, Religion or Sexual Orientation, Los Angeles Daily Journal, September 22, 2000
Consent Decree Doesn't Equal Reform, Los Angeles Times, September 19, 2000
LAPD Must Come Under Court Order, Los Angeles Times, September 13, 2000
The Rampart Scandal and the Criminal Justice System in Los Angeles County, 57 Guild Practitioner 121 (2000)
Apprendi Appraisal: Little Publicized Case Will Have Enormous Implications, Los Angeles Daily Journal, August 15, 2000
Judicial Stalemate: The Justices Completed Their Term Closely Divided on Most of the Major Issues, Los Angeles Daily Journal, July 21, 2000
Perspective on the LAPD: Break Through the Secrecy on Police Reform, Los Angeles Times, July 19, 2000
Plaintiffs Use of Rico Limited, 26 Trial 123 (July 2000)
Dramatic Shift: Morrison Will Lead to Challenges to Vast Array of Federal Laws, Los Angeles Daily Journal, June 20, 2000
Suing the Government for Arbitrary Actions, 36 Trial 89 (May 2000)
And Federal Laws Got Narrower, Los Angeles Times, May 18, 2000
Don't Fight Justice's Lawsuit, Los Angeles Times, May 7, 2000
An Amazing Term, 20 Calif. Lawyer 29 (April 2000)
Rehnquist Surprise: Anonymous Tip Not Enough for Stop and Frisk, Los Angeles Daily Journal, April 18, 2000
A Major Change in Civil Rights Litigation, 36 Trial 94 (March 2000)
Constitution Gives Congress the Power to Enact the VAWA, Los Angeles Daily Journal, March 30, 2000
Police Commission Must Seize the Reins, Los Angeles Times, March 16, 2000 (with George Keiffer)
Building Rampart: The Supreme Court Has Erected Barriers to Holding Police Accountable, Los Angeles Daily Journal, March 15, 2000
Report on the Rampart Report Has a Hollow, Disturbing Ring, Los Angeles Times, March 3, 2000
Talking Points: Ethical Quandries Created By the Widespread Use of Legal Pundits Can Only Be Addressed by a Voluntary Code of Ethics, 22 Los Angeles Lawyer 28 (February 2000) (with Laurie Levenson)
Hear No Evil, See No Evil, Los Angeles Times, February 15, 2000
No Merit: No Right to Anders Brief Procedure, Self-Representation, Los Angeles Daily Journal, February 15, 2000
This is No Time to Be Refighting the Battles of Charter Reform, Los Angeles Times, February 13, 2000
Miranda Warnings are Necessary to Prevent Coercion, Los Angeles Daily Journal, January 10, 2000
Ability to Sue State Governments Narrowed, 35 Trial 72 (December 1999)
Abrupt Turnaround: The 1930s Radically Changed Constitutional Law, Los Angeles Daily Journal (December 21, 1999)
Take a Giant Step to Right Rampart Wrongs, Los Angeles Times (December 16, 1999)
The Supreme Court and Religion, The Jewish Observer (November 12, 1999)
Protecting Privacy from New Technologies, 26 Human Rights 13 (Fall 1999)
Crumbling Wall? High Court Set to Address Aid to Parochial Schools, Los Angeles Daily Journal (October 19, 1999)
Independence is the Key for Supervision of the LAPD, Los Angeles Times (September 24, 1999)
United States Supreme Court Preview, California Lawyer (September 1999)
Few But Major Court Decisions, California Bar Journal (August 1999)
Immunization Booster: Supreme Court Strikes a Blow for States' Rights, Los Angeles Daily Journal (August 17, 1999)
Permission to Litigate: Sovereign Immunity Lets States Decide Who Can Sue Them, 85 ABA Journal 42 (August 1999)
Raising the Dead: The Privileges and Immunities Clause of the Fourteenth Amendment, California Lawyer (August 1999)
Narrowing the State Action Doctrine, 35 Trial 17 (July 1999)
High Court Wrongly Lets States Off Hook, Los Angeles Times (June 25, 1999)
Surprise Expansion: Defendant Who Pleads Still Has Fifth Amendment Right at Sentencing, Los Angeles Daily Journal (June 15, 1999)
Remembering a Justice Who Cared, 35 Trial 92 (May 1999)
On L.A. Council, the Selfish Rule, Los Angeles Times (May 27, 1999)
Requiem for Reform: This New Constitution for Los Angeles Would Provide a Blueprint for Quality Living into the 21st Century, Los Angeles Daily News (May 23, 1999)
Seeking a Day in Court: Sovereign Immunity Could Bar Recourse for Plaintiffs, American Bar Association Journal (forthcoming 1999)
Access Denied: Undocumented Aliens Cannot Raise Constitutional Challenges to Deportation, Los Angeles Daily Journal (April 20, 1999)
Regulating the Initiative Process, forthcoming California Lawyer (May 1999)
This Year's Sleeper, California Lawyer (March 1999)
Court Takes a Narrow View of Viewpoint Discrimination, 35 Trial 90 (March 1999)
On Being a Framer: The Los Angeles Charter Reform Commission, 2 Green Bag 131 (1999)
Devout Discrimination: Can Religious Landlords Reject Renting to Sinners, Los Angeles Daily Journal (February 16, 1999)
Lasting Effects, Orange County Register (February 14, 1999)
It's a Show Trial with the Outcome Already Determined, Orange County Register (January 10, 1999)
Will IOLTA Survive?, 35 Trial 80 (January 1999)
A Single Charter Proposal is Imperative, Los Angeles Times (January 4, 1999) (with George Kieffer)
What's Up Docket?, California Lawyer (January 1999)
Accept Compromise or All of L.A. Loses, Los Angeles Times (November 2, 1998) (with Jackie Dupont-Walker)
When Do Lawmakers Threaten Judicial Independence?, 34 Trial 62 (November 1998)
The Justice in the Middle, 34 Trial 96 (November 1998)
Expanding Civil Rights Liability, 34 Trial 82 (October 1998)
United States Supreme Court Preview, California Lawyer (September 1998)
Of Grand Juries, Disclosures and Clinton Tapes, Orange County Register (September 27, 1998)
Focus on Reform, Not Personalities, Los Angeles Times (September 17, 1998)
An Unusual Supreme Court Term, California Bar Journal (August 1998)
A Year of Supreme Moderation: Supreme Court Review 1997-1998, Open Forum (Summer 1998)
Preserving Civil Rights Claims, 34 Trial 98 (July 1998)
Los Angeles Needs Elected Neighborhood Councils, Los Angeles Times (June 29, 1998) (with Bennett Kayser)
A Suggestion of Doom?: Dire Prophecies Over Bill of Rights Don't Help Charter Reform Effort, Los Angeles Daily News (May 29, 1998)
The Case for a Code of Ethics for Legal Analysts, National Law Journal (May 11, 1998) (with Laurie Levenson)
Should the City Charter Have a Bill of Rights, Los Angeles Times (May 11, 1998)
Last Rites: The Recent Supreme Court Decisions May Not Be the Final Word on the Right to Physician-Assisted Suicide, Los Angeles Lawyer (May 1998)
Sexual Harassment in and of Itself Should Be an Injury, Los Angeles Times (April 8, 1998)
Prosecutorial Immunity: The Interpretation Continues, 34 Trial 80 (March 1998)
Regulating the Paparazzi, Daily Journal (February 23, 1998)
Is Tenure Necessary to Protect Academic Freedom? American Behavioral Scientist (January 1998)
Limiting Government's Power to Protect Rights, 34 Trial 87 (January 1998)
Redesigning Our City Government to Work, Los Angeles Times, November 3, 1997 (with George Kieffer)
Making it Harder to Sue Cities, 33 Trial 18 (November 1997)
Paparazzi and First Amendment, New Orleans Times-Picayune, October 22, 1997
A Right to Physician-Assisted Suicide? 33 Trial 68 (September 1997)
Council, Not Mayor, Should Fund Elected Charter Commission, Los Angeles Daily News, August 20, 1997 (with Gloria Romero)
A New Obstacle in Civil Rights Litigation, 33 Trial 86 (July 1997)
In Defense of Speech: Judges and the First Amendment, 4 The Long Term View 78 (Summer 1997)
Bar Was Right Not to Discipline Lawyers in Simpson Case, Daily Journal, June 19, 1997
Court Allows 'In Your Face' Abortion Protests, 33 Trial 82 (May 1997)
Justice Delayed is Justice Denied, 2 Nexus, A Journal of Opinion 24 (Spring 1997)
Appellate Decision Went Too Far, Los Angeles Times, April 10, 1997
Ninth Circuit Misapplied Law in 209 Decision, Los Angeles Daily Journal, April 10, 1997
Ideology Can Be Everything, The Recorder, April 9, 1997
Cleanse Campaigns: Limit Spending, Newsday, March 18, 1997
Breakdown in the Levels of Scrutiny, 33 Trial 70 (March 1997)
Trial, Retrial and Contradiction, Los Angeles Times, February 7, 1997
Speech Rights of Government Contractors, 33 Trial 64 (January 1997)
Can a President Be Sued for Conduct that Occurred Prior to Taking Office, West Law News (January 6, 1997) (WLN 14009)
Judges Shouldn't Be Forced to Relinquish Free Speech Rights, Los Angeles Daily Journal, December 5, 1996
Minority Voting Rights and the Constitution, 32 Trial 11 (November 1996)
Chemical Castration is Cruel and Unusual Punishment, Los Angeles Daily Journal, October 10, 1996
Recognize the Right to Die with Dignity, Los Angeles Times, October 7, 1996
Chapter Two: Expect the Simpson Civil Case to Differ Radically from the Trial of the Century, Los Angeles Daily Journal, September 16, 1996
A Mixed Year for Civil Rights and Civil Liberties, ACLU Open Forum (September 1996)
Court Strikes Back, Los Angeles Daily News, June 30, 1996
The Shrinking Docket, 32 Trial 71 (May 1996)
The Rehnquist Revolution, 1 Nexus, A Journal of Opinion 29-35 (Spring 1996)
Menendez Part II: Same Crime, But Different Rules, Los Angeles Daily News, March 24, 1996
State Taxation of Interstate Commerce, 32 Trial 73 (March 1996)
Sex Discrimination Made Legal, Los Angeles Times, January 10, 1996 (with Laurie Levenson)
No Harm, No Foul, California Lawyer (January 1996)
Trial Over, Simpson Analyst Reevaluates: Educating the Public is Noble, But How Commentators Do It Needs Scrutiny, 81 A.B.A. Journal 100 (December 1995)
Free Speech or Religious Freedom: Revisiting the Establishment Clause, 31 Trial 16 (December 1995)
Nixing Nonunanimous Juries, Los Angeles Daily News, November 5, 1995
The Distortions Created by a Trial's Magnifying Glass, Los Angeles Daily Journal, October 30, 1995
A Pundit's Lessons: Commenting on OJ Was an Education -- and, At Times, a Trial, Los Angeles Daily Journal, October 12, 1995
Race and the Supreme Court, 31 Trial 86 (October 1995)
The Fragmentation of the Federal Rules, 79 Judicature 67 (September-October 1995) (with Barry Friedman)
The Rehnquist Court and the Tenth Amendment, Federalism, 19 Update Law-Related Education 7 (Fall 1995)
State Action, 31 Trial 82 (September 1995)
Tale of the Tapes, Los Angeles Daily News, August 27, 1995
A Celebrity Case Is the Wrong Inspiration for Reform, Los Angeles Times, August 18, 1995
Gender-Based Juries, 31 Trial 34 (August 1995)
Interpreting the Constitution: A Dramatic Conservative Turn, Res Ipsa, Los Angeles Daily Journal, August 9, 1995
Lopez: A Major New Limit on Congressional Powers, 15 Criminal Law News 1 (Summer 1995)
Cell-Blocked: High Court Shackles Prisoners' Due Process Rights, Los Angeles Daily Journal, July 5, 1995
The Year of O.J., Los Angeles Daily News, June 11, 1995
Changing Course: Lopez Limits Congressional Powers, 31 Trial 86 (June 1995)
The Mysteries of Mistrial: A Simpson Mistrial Looks Unlikely Now -- Rumors to the Contrary, Los Angeles Daily Journal, April 26, 1995 (with Laurie Levenson)
Why Prop. 187 Remains in the Courts, Los Angeles Daily News, April 9, 1995 (with Karen Lash)
Innocence and Habeas Corpus, 31 Trial 79 (April 1995)
Televising the Trial: Simpson Proceedings Should Not Become Pay-Per-View Event, Los Angeles Daily News, March 12, 1995
Are Commentators Useful to the Public?, Los Angeles Times, February 24, 1995
Strange Discovery: Simpson Trial Tactics Show How System Can Be Abused, Los Angeles Daily Journal, February 7, 1995
Why Proposition 187 Is Unconstitutional, California Bar Journal (January 1995)
Of Book Deals, California Law and the First Amendment, O.J. Simpson Case Commentaries, 1995 WL 7492 (January 11, 1995)
Looking Ahead to the New Term, 30 Trial 81 (December 1994)
Assembly Deadlock is Mountjoy's Fault, Los Angeles Daily News, December 27, 1994
Protecting Abortion Protestors and Patients, 30 Trial 62 (December 1994)
It's Good to Put a Human Face on a God-Like Role, Los Angeles Times, November 16, 1994
Sequestering the Jury, 1994 WL 623149 (November 10, 1994)
The Crowded Center, 80 A.B.A. Journal 78-82 (October 1994)
Sticks and Stones: Was the Suspension of Stephen Yagman a Violation of His First Amendment Rights?, 17 Los Angeles Lawyer 24-32 (October, 1994)
Punitive Damages and the Constitution, 30 Trial 90 (October 1994)
Overreacting to the Effects of Publicity, Los Angeles Times, October 21, 1994
Can Judge Ito Take Cameras Out of the Courtroom?, O.J. Simpson Case Commentaries, 1994 WL 557330 (October 13, 1994)
Judges Aren't Sequestered; Why Juries?, Los Angeles Times, Ocotober 10, 1994
The End of Gender-Based Peremptory Challenges, 30 Trial 69 (August 1994)
Stopping Witnesses from Selling Their Stories, Los Angeles Times, August 26, 1994
Civil Rights: Important Decisions, But Not Dramatic, Res Ipsa, Los Angeles Daily Journal, August 10, 1994
Evidence Sparks Debate on the Exclusionary Rule, Los Angeles Daily News, July 10, 1994
An All-Star Defense Team, Los Angeles Daily News, July 3, 1994
A Passionate Voice Bids Farewell, 30 Trial 77 (June 1994)
Pretrial Publicity Isn't a Hindrance, Los Angeles Times, June 28, 1994
Hold Handgun Makers and Sellers Liable, Los Angeles Times, May 19, 1994
Wilson's Suit Misuses Courts for Political Gains, Los Angeles Daily News (May 8, 1994)
Perspectives on Telephone Monitorin: The Mayor (and Staff) Calling . . ., Los Angeles Times, May 1, 1994
Civil Forfeiture: A Diminishing Power, 30 Trial 66 (April 1994)
The Court Confronts Sexual Harassment, 30 Trial 72 (February 1994)
Looking Back to the Future, 29 Trial 60 (December 1993)
A Difficult Year for Civil Rights, 29 Trial 76 (October 1993)
Our Ailing System of Justice, Los Angeles Daily News, October 31, 1993 (reprinted 21 CACJ Forum 85 (March 1994)
Commercial Speech: What Degree of Protection?, 29 Trial 66 (August 1993)
A Bad Time for Civil Rights, Daily Journal Report (August 6, 1993)
Notice Pleading, 29 Trial 73 (June 1993)
Mr. Civil Rights, 29 Trial 66 (April 1993)
Religion Clause Doctrine: Potential for Change, 29 Trial 81 (February 1993)
Supreme Court Review: Making Sense of Habeas Corpus, 28 Trial 79 (December 1992)
Supreme Court Review: A Bad Year for Environmental Protection, 28 Trial 83 (October 1992)
Harris Execution: Did Court Abuse Its Power? 2 State Bar Bulletin 1 (September 1992) (with Caminker)
As California Goes . . ., 12 California Lawyer 47 (August 1992)
Don't Be Fooled: It's Still a Conservative Court, Daily Journal Report, July 31, 1992
A Precarious Ban on Prayer: Lee v. Weisman, Legal Times, July 27, 1992
Supreme Court Overview, ACLU Open Forum, Summer 1992
Pulling the Plug on Roe v. Wade, Los Angeles Daily News, June 21, 1992
Conservative Judges Disregard the Law to Make Sure Execution Was on Schedule, Los Angeles Daily Journal, June 8, 1992
A Fair Trial Produced an Unfair Result, 131 New Jersey Law Journal 87 (May 11, 1992) (and other American Lawyer newspapers)
Focus on the Future, Not the Verdict, Los Angeles Daily News, May 4, 1992
Invasion of the House Snatchers, Los Angeles Times, April 22, 1992
The Bill of Rights: An Illustrated History, 11 California Lawyer (December 1991)
Next Supreme Court Term: Danger for Civil Liberties, 67 ACLU Open Forum (September/October 1991)
Is Clarence Thomas a Stealth Nominee, Los Angeles Daily News. July 8, 1991
Can the Bill of Rights Survive the Rehnquist Court? Los Angeles Daily News, May 26, 1991
Fight Illegal Police Practices in State Courts, (with Sobel and Hoffman), Los Angeles Daily Journal, May 8, 1991
DOJ Has Few Weapons Against Police Abuse, (with Sobel and Hoffman), Los Angeles Daily Journal, May 7, 1991
Judicial Oversight Limited By Supreme Court, (with Sobel and Hoffman), Los Angeles Daily Journal, May 6, 1991
A Hero Retires, 67 ACLU Open Forum (September/October 1990)
A Mixed Year for Civil Rights/Civil Liberties, 67 ACLU Open Forum (September/October 1990)
No Answer, No Seat: The Souter Hearings, Los Angeles Daily Journal, September 6, 1990
A Mixed Year for Civil Rights and Civil Liberties, ACLU Open Forum, September/October 1990
Stunting the Constitution's Growth, 26 Trial 36 (1990)
Jury Nullification is Conscience of Community, Los Angeles Daily Journal, August 31, 1990
Church, State, and Peyote: State Now Has Free Rein to Meddle, Daily Journal, May 11, 1990
Protecting People from the Government, Los Angeles Daily News, January 21, 1990
Should Racist Speech Be Limited?, ACLU Open Forum, November/December 1989
A Bad Year for Civil Rights and Civil Liberties, ACLU Open Forum, Sept./Oct. 1989
The Constitution and the Common Law, 73 Judicature 149-151 (1989)
Abortion in America, Los Angeles Herald Examiner, July 9, 1989
The High Court Weakens the Strong '64 Civil Rights Act, Los Angeles Daily Journal, July 3, 1989 (with Hoffman and Sobel)
The Supreme Court and Civil Rights, Orange County Business Journal, July 3, 1989
Courts Place Limits on Key Tool for Civil Rights Actions, Los Angeles Daily Journal, May 2, 1989 (with Hoffman and Sobel)
On the Shoulders of Giants: Does Original Intent Matter?, Los Angeles Daily Journal, February 20, 1989
Abortion Rights and the Court, Los Angeles Daily News, January 15, 1989
`Tip Wage' in Lucas' Court, Sacramento Bee, September 13, 1988
Private Conduct and Public Values, 22 Beverly Hills Bar Journal 163 (1988)
L.A.'s Bathhouses No Civil Liberty Cause, Los Angeles Herald Examiner, January 26, 1988
Finding Constitutional Privacy, The Recorder (San Francisco), October 26, 1987
History as the Court Likes It, Los Angeles Herald Examiner, September 13, 1987
How the System Works: The Lessons of the Bork Case, Los Angeles Daily News, October 11, 1987
Expanding the Constitution's Protections: The Lasting Significance of Jones v. Alfred H. Mayer Co., 34 St. Louis Bar Journal 27 (1987)
How Should We Celebrate the Constitution's 200th Year, ADL Bulletin, June 1987
Privacy: The Right the Framers Left Out, Los Angeles Herald Examiner, April 12, 1987
Should the Voters Confirm: Yes: The High Court Critics Distort Issues and Facts at the Public's Peril, Los Angeles Daily Journal, October 31, 1986
Judges Must Base Their Rulings on the Law, Not on Popular Opinion, Palo Alto Times Tribune, October 26, 1986
High Court Vote, San Francisco Examiner, October 8, 1986
The Judicial Conscience of a Conservative, Los Angeles Herald Examiner, September 24, 1986
Assuring Judicial Independence, USC Law (Fall-Winter 1986)
Why the Supreme Court was Wrong on Death Qualified Juries, Cleveland Plain Dealer (and other subscribers to the Scripps- Howard News Service), May 25, 1986
Drug Testing: A Cure Worse than the Disease, Los Angeles Herald Examiner, May 14, 1986
First Amendment Protects Metzger's Rights, Too, The Jewish Journal, April 18-24 (1986)
California's Law on Maternity Leave Should be Upheld, Los Angeles Herald Examiner (and other subscribers to the Scripps- Howard News Service), January 28, 1986
Goldrush: Bar Welfare Recipients from the Lottery? Con: A Paternalistic Violation of Rights, Palo Alto Times Tribune, March 2, 1986
Sexual Identity is Private, New York Times, March 13, 1985
Protecting the First Amendment Against Legislative Encroachment: A Case Against Prohibition of Pornography, Cogitations, Winter 1984, reprinted in Human Rights, Spring 1985