Curriculum Vitae

Erwin Chemerinsky

Address:

HOME:

3922 Westchester Rd.
Durham , N.C. 27707
(919) 403-0283

WORK:

Duke University School of law
Science Drive and Towerview Rd
Durham , N.C. 27708
Phone: (919) 403-0283
Fax: (919) 613-7231
e-mail: chemerinsky@law.duke.edu

Employment:

2004-present: Alston & Bird Professor of Law and Political Science, Duke University
Awards: Duke University Scholar-Teacher of the Year Award, 2006

1983-2004: University of Southern California Law School. Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science, 1997-2004. Director, Center for Communications Law and Policy, 2000-2004. Legion Lex Professor of Law, 1991-1997; Professor, 1987-1991; Associate Professor, 1984-1987. Visiting Associate Professor, 1983-1984. Awards: Outstanding Teacher, 1984; 1991

Fall 2002: Visiting Professor, Duke Law School

Spring 1997; Spring 2001: Visiting Professor, UCLA Law School

1980-1984: DePaul University College of Law, Chicago, IL. Associate Professor, 1983-1984 (on leave 1983-84). Assistant Professor, 1980-83.
Awards: Outstanding Teacher, 1983

1986-present: Lecturer, BAR/BRI (Constitutional Law; Professional Responsibility)

1981-1982: Director, Northwestern University, National High School Institute in Speech, Forensics Division, Evanston, Illinois
1979-1980: Attorney, Dobrovir, Oakes, and Gebhardt, Washington, D.C.

1978-1979: Attorney, Attorney General's Program for Honor Law Graduates, United States Department of Justice, Civil Division, Frauds Section, Washington, D.C.

Education:

LEGAL: Harvard Law School, Cambridge, Massachusetts, J.D. 1978

Honors: Graduated Cum Laude

COLLEGE: Northwestern University, Evanston, Illinois, B.S. 1975

Honors: Graduated with Highest Distinction (top 1% of class)
Clarion DeWitt Hardy Scholar (award for academic and extracurricular achievements)
Florsheim Award (monetary prize received for academic and extracurricular achievements)
Award Winner, Kirk Contest for essays in rhetorical criticism
National debate honors (numerous national team and individual awards)

Honors:

2003 President’s Award, Criminal Courts Bar Association
2003 Freedom of Information Award, Society for Professional Journalists
2002 Award for Contribution to Judicial Education, National College of Bankruptcy Judges
2002 Community Service Award, Western Center for Law and Poverty
2001 Community Service Award, Anti-Defamation League
2001 Clarence Darrow Award, People's College of Law
2000 Alumni Merit Award, Northwestern University
1999 Eason Monroe Courageous Adocate Award from the American Civil Liberties Union of Southern California
Awards in 1999 from the Los Angeles Chamber of Commerce, the Los Angeles Urban League, and Los Angeles Branch of the American Society for Public Administration, for work on Los Angeles City Charter1998 Judge John Brown Award for Contributions to Federal Judicial Education.
Distinguished Professor Award, American Civil Liberties Union of Southern California 1996
Named in October 2000 as one of the 10 most influential lawyers in California by the Daily Journal and California Law and Business. Named to the list of the 100 most influential lawyers in California in 1998, 1999, 2000, 2001, 2002, 2003.
Named in April 2005 as one of the “top 20 legal thinkers in America” by Legal Affairs.

Publications:

Books:

Federal Jurisdiction (Boston: Aspen Law & Business, 4th ed. 2003; 3rd. ed. 1999; Little, Brown & Co., 2d ed. 1994; 1st edition 1989) (a one volume treatise)
Constitutional Law: Principles and Policies (Boston: Aspen Law & Business 3d ed. 2006; 2d. ed 2002; 1st ed. 1997) (a one volume treatise)
Constitutional Law (Boston: Aspen Law & Business, 2d ed. 2005; 1st ed. 2001) (a casebook) (Annual supplements in 2001, 2002, 2003, 2004, 2005, 2006)
Interpreting the Constitution (New York: Praeger, 1987)

Chapters in books:

“Affirmative action,” in Encyclopedia of Race and Racism (forthcoming 2006)
“Who Should Be The Authoritative Interpreter of the Constitution?: Why There Should Not Be a Political Question Doctrine,” in The Political Question (edited by Bruce Cain) (Oxford University Press, forthcoming 2006)
“The Segregation and Resegregation of American Public Education,” in School Resegregation: Must the South Turn Back (edited by John Boger and Gary Orfield) (University of North Carolina Press 2005)
“Cruel and Unusual: Lockyer v. Andrade,” A Year in the Supreme Court (edited by Dave Douglas and Neal Devins) (Duke University Press 2004)
"Neutrality in Establishment Clause Interpretation: A Potentially Radical Right Turn," in Church-State Relations in Crisis: Debating Neutrality (Stephen Monsma ed.) (Rowman & Littlefield 2002)
"The Constitutional Jurisprudence of the Rehnquist Court," The Rehnquist Court (M. Belsky ed., Oxford University Press, 2001)
"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 (2000)
Chapters in Supplement to Encyclopedia of the Constitution on "Abstention," "Lebron v. National Railroad Passenger Corp." and "State action;" also, with Catherine Fisk, "Filibuster." (2000)
"Hate Crimes," in Encylopedia of Violence in the United States (R. Gottesman & M. Mazon eds.) (1999)
"Equality," in Encyclopedia of Philosophy (C. Grey ed.) (1999)
"Can Courts Make a Difference?," in Redefining Equality (N. Devins and D. Douglas eds.) (Oxford Univ. Press 1998)
"Making Sense of the Affirmative Action Debate," in Civil Rights and Social Wrongs (J. Higham ed.) (1997)
"The Supreme Court and the President," Encyclopedia of the American Presidency (L. Fisher &
L. Levy eds.) (1993)
"Habeas Corpus," Supplement to the Encyclopedia of the American Constitution (L. Levy & K. Karst eds.) (1991)
"The Constitution and Private Schools," in Public Values, Private Schools (N. Devins ed.) (Stanford Educational Series) (1989)

Law review articles: (through July 1, 2006)

“The Assumptions of Federalism,” 58 Stanford Law Review 1763 (2006)
“Assessing Chief Justice William Rehnquist,” 154 University of Pennsylvania Law Review 1331 (2006)
“The Rehnquist Court and the Death Penalty,” 94 Georgetown Law Journal 1367 (2006)
“Constitutional Issues Posed in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” 79 American Bankruptcy Law Journal 571 (2005)
“Why Justice Breyer Was Wrong in Van Orden v. Perry,” 14 William and Mary Bill of Rights Journal 1 (2005)
“Reconceptualizing Federalism,” 50 New York Law Review 729 (2005)
“The End of an Era,” 8 Green Bag 345 (2005)
“Enemy Combatants and Separation of Powers,” 1 Journal of National Security Law and Policy 73 (2005)
“The Lower Federal Courts and the War on Terrorism,” 39 Valparaiso Law Review 607 (2005)
“The Constitution and Punishment,” 56 Stanford Law Review 1049 (2004)
“Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law Enforcement,” 51 UCLA Law Review 1619-1643 (2004)
“In Defense of Judicial Review: A Reply to Professor Kramer,” 92 California Law Review 1013 (2004)
“Post 9/11 Civil Rights: Are Americans Sacrificing Freedom for Security,” 81 Denver University Law Review 759 (2004)
“Real Discrimination,” 16 Washington University Journal of Law & Policy 97 (2004)
“Baum Lecture: The Perils of Popular Constitutionalism,” 3 University of Illinois Law Review 673 (2004)
“Evolving Standards of Decency in 2003–Is the Death Penalty on Life Support?”, 29 University of Dayton Law Review 201-222 (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 (2004) (with Ned Miltenberg)
“Progressive and Conservative Constitutionalism as America 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 (2004)
“Social Justice in the 21st Century: A Pro Bono Requirement for Faculty Members,” 37 Loyola of Los Angeles Law Review 1235 (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)
“Empowering States When It Matters: A Different Approach to Preemption,” 69 Brooklyn Law Review 1313 (2004)
“Entrenchment of Ordinary Legislation: A Response to Professors Posner and Vermeule,” (with Professor John Roberts), 91 California Law Review 1773 (2003)
“Closing the Courthouse Door to Civil Rights Litigants,” 5 University of Pennsylvania Journal of Constitutional Law 537 (2003)
“October Term 2002: Value Choices by the Justices, Not Theory, Determines Constitutional Law,” 6 Green Bag 367 (2003)
“Separate and Unequal: American Public Education Today,” 52 American University Law Review 1461 (2003)
“The Parsonage Exemption Violates the Establishment Clause and Should Be Declared Unconstitutional,” Whittier Law Review (2003)
“The Segregation and Resegregation of American Public Education: The Role of the Courts,” 81 North Carolina Law Review 1597 (2003)
“Privacy and the Alaska Constitution: Failing to Fulfill the Promise,”20 Alaska Law Review 29 (2003)
“Understanding the Rehnquist Court: An Admiring Reply to Professor Merrill,” 47 St. Louis University Law Review 659 (2003)
“Ideology and the Selection of Federal Judges,” 36 U.C. Davis Law Review 619 (2003)
“Balancing Copyright Protections and Freedom of Speech: Why the Copyright Extension Act is Unconstitutional,” 36 Loyola of Los Angeles Law Review 83 (2002)
“Have the Rehnquist Court’s Federalism Decisions Increased Liberty,” 29 Human Rights 3 (2002)
“How Should We Think About Bush v. Gore,” 34 Loyola University of Chicago Law Journal 1 (2002)
"The Rhetoric of Constitutional Law," 100 Michigan Law Review 2008 (2002)
"Does Federalism Advance Liberty," 47 Wayne State Law Review 911 (2002)
"Restrictions on the Speech of Judicial Candidates Are Unconstitutional: A Reply to Professor O'Neil," 35 Indiana Law Review 735 (2002)
"Ensuring the Supremacy of Federal Law: Why the District Court Was Wrong in Westside Mothers v. Haveman," 12 Health Matrix 139 (2002)
"Why the Rehnquist Court is Wrong About the Establishment Clause," 33 Loyola University of Chicago Law Journal 221 (2001)
"Against Sovereign Immunity," 53 Stanford Law Review 1201 (2001)
"Bush v. Gore Was Not Justiciable," 76 Notre Dame Law Review 1093 (2001)
"Henry Lecture: Beyond Formalism in Constitutional Law," 54 University of Oklahoma Law Review 1 (2001); "Further Thoughts," 54 Okla. L. Rev. 59 (2001)
"An Independent Analysis of the Board of Inquiry Report on the Rampart Scandal," 34 Loyola Law Review 545 (2001)
"The Expressive Interest of Associations," 9 William and Mary Bill of Rights Journal 595 (2001) (with Catherine Fisk)
"Right Result, Wrong Reasons: Reno v. Condon," 25 Oklahoma City University Law Review 823 (2001)
"The Jurisprudence of Justice Scalia: A Critical Appraisal," 22 Hawaii Law Review 385 (2000)
"Content Neutrality as a Central Problem of Freedom of Speech: Problems in the Supreme Court's Application," 74 Southern Calif. L. Rev. 49 (2000)
"The Court Should Have Remained Silent: Why the Court Erred in Deciding Dickerson v. United States," 149 University of Pennsylvania Law Review 287 (2000)
"Further Reflections of a Framer: The Los Angeles Charter Reform Experience," 3 Green Bag 2d 125 (Winter 2000)
"Learning the Wrong Lessons from History: Why There Must Be an Independent Counsel Law," 5 Widener Law Symposium Journal 1 (2000)
"Are Student Delivered Graduation Prayers and Religious Speeches Constitutional," 5 Nexus 3 (Fall 2000)
"The Hypocrisy of Alden v. Maine: Judicial Review, Sovereign Immunity, and the Rehnquist Court," 33 Loyola of Los Angeles Law Review 1283 (June 2000)
"Protect the Press: A First Amendment Standard for Safeguarding Aggressive Newsgathering," 33 University of Richmond Law Review 1143 (2000)
"Newsgathering and Privacy Rights: Protecting Privacy from Technological Intrusions," 99 Annual Survey of American Law 183 (2000)
"Balancing the Rights of Privacy and the Press: A Reply to Professor Smolla," 67 George Washington Law Review 1152 (2000)
"Students Do Leave Their First Amendment Rights At the School House Gates: What's Left of Tinker?," 48 Drake Law Review 527 (2000)
"Donahue Lecture: The Constitution and Authoritarian Institutions," 32 Suffolk University Law Review 441 (1999)
"The Supreme Court, Public Opinion, and the Role of the Academic Commentator," 40 South Texas Law Review 943 (2000)
"In Defense of the Big Tent: The Many Audiences for Legal Scholarship," 34 Tulsa Law Review 667 (2000) (with Catherine Fisk)
"The Rehnquist Court and Justice: An Oxymoron?," 1 Washington University Journal of Law and Policy 37 (1999)
"Civil Rights Without Remedies: Vicarious Liability Under Title VII, Title IX, and Section 1983," 7 William and Mary Bill of Rights Journal 755 (1999) (with Catherine Fisk)
"Do State Religious Freedom Restoration Acts Violate the Establishment Clause or Separation of Powers?," 32 University of California, Davis Law Review 645 (1999)
"The Ethics of Being a Commentator III," 50 Mercer Law Review 737 (1999) (with Laurie Levenson)
"A Framework for Analyzing the Constitutionality of Restrictions on Federal Court Jurisdiction in Immigration Cases," 29 University of Memphis Law Review 295 (1999)
"Preserving an Independent Judiciary: The Need for Contribution and Expenditure Limits in Judicial Elections," 74 Chicago-Kent Law Review 133 (1999)
"The Religious Freedom Restoration Act is a Constitutional Expansion of Rights," 39 William and Mary Law Review 601 (1998)
"More Speech is Better," 45 UCLA Law Review 1635 (1998)
"Silence is Not Golden: Protecting Lawyer Speech Under the First Amendment," 47 Emory Law Journal 859 (1998)
"Formalism and Functionalism in Federalism Analysis," 13 Georgia State Law Review 959 (1997)
"The Filibuster," 49 Stanford Law Review 181 (1997) (with Catherine Fisk)
"The Ethics of Being a Commentator II," 37 Santa Clara Law Review 913 (1997) (with Laurie Levenson)
"In Defense of Courts: Perspectives on Decision-Makers," 71 American Bankruptcy Law Journal 109 (1997)
"Lawyers Have Free Speech Rights Too: Why Gag Orders on Lawyers Are Almost Always Unconstitutional," 17 Loyola Entertainment Law Journal 311 (1997)
"No Presidential Immunity for Conduct Unrelated to the Presidency," 2 Nexus 24 (1997)
"Federalism As Empowerment, Not Limits," 45 University of Kansas Law Review 1219 (1997)
"What Would Be the Impact of Eliminating Affirmative Action," 27 Golden Gate Law Review 319 (1997)
"Dunwoody Distinguished Lecture in Law: The Values of Federalism," 47 University of Florida Law Review 499 (1996)
"The Impact of the Proposed California Civil Rights Initiative," 23 Hastings Constitutional Law Quarterly 999 (1996)
"The Ethics of Being a Commentator," 69 Southern California Law Review 1303 (1996) (with Laurie Levenson)
"The Rehnquist Revolution," 1 Nexus 29 (1996)
"Eliminating Discrimination in Administering the Death Penalty: The Need for the Racial Justice Act," 35 Santa Clara Law Review 519 (1995)
"Reporters Draft for the Working Group on Principles to Use When Considering the Federalization of Civil Law," 46 Hastings Law Journal 1305 (1995)
"Is It the Siren's Call?: Judges and Free Speech While Cases are Pending," 28 Loyola Law Review 831 (1995)
"Fragmentation of Federal Rules," 46 Mercer Law Review 757 (1995) (with Barry Friedman)
"A Passionate Voice Retires," 26 University of West Los Angeles Law Review 1 (1995)
"Assessing Minimum Contacts: A Reply to Professors Cameron and Johnson," 28 University of California, Davis Law Review 863 (1995)
"Fifty-fifth Cleveland Marshall Fund Lecture: The First Amendment: When the Government Must Make Content-Based Choices," 42 Cleveland-State Law Review 199 (1994)
"Why Cases Under the Guarantee Clause Should Be Justiciable," 65 Colorado Law Review 849 (1994)
"The Crowded Center," 80 A.B.A. Journal 78 (October 1994)
"Sticks and Stones: Was the Suspension of Stephen Yagman a Violation of His First Amendment Rights?," 17 Los Angeles Lawyer 24 (1994)
"Lost Opportunity: The Burger Court and the Failure to Achieve Equal Educational Opportunity," 45 Mercer Law Review 999 (1994)
"Should Title VII of the Civil Rights Act of 1964 Be Repealed?: No," 2 Law & 349 (1993); "Rejoinder to Epstein," at 453
"The Fire This Time," 66 Southern California Law Review 1571 (1993)
"History, Tradition, the Supreme Court, and the First Amendment," 44 Hastings Law Journal 901 (1993)
"Is the Rehnquist Court Really that Conservative?: An Analysis of the 1991-92 Term," 26 Creighton Law Review 987 (1993)
"Making the Case for a Constitutional Right to Minimum Entitlements," 44 Mercer Law Review 525 (1993)
"The Unlawful Execution of Robert Alton Harris," 102 Yale Law 225 Journal (1992) (with Caminker)
"The Supreme Court and the Fourteenth Amendment: The Unfulfilled Promise," 25 Loyola Law Review 1143 (1992)
"October Tragedy," 65 Southern California Law Review 1497 (1992)
"Rationalizing Jurisdiction," 41 Emory Law Journal 3 (1992)
"Ending the Parity Debate," 71 Boston University Law Review 593 (1991)
"In Defense of Truth," 41 Case Western Reserve Law Review 745 (1991)
"A Unified Approach to Justiciability," 22 Connecticut Law Review 677 (1991)
"Ending the Marathon: It is Time to Overrule Northern Pipeline," 65 American Bankruptcy Law Journal 311 (1991)
"Stunting the Constitution's Growth," 26 Trial 36 (1990)
"Defining the Role of the Federal Courts," 1990 Brigham Young University Law Review 67 (with Kramer)
"Congress, the Supreme Court, and the Eleventh Amendment: A Comment on the Decisions During the 1988-89 Term," 39 DePaul Law Review 321 (1990)
"Foreword: The Vanishing Constitution," 103 Harvard Law Review 43 (1989)
"Ideology, Judicial Selection, and Judicial Ethics," 2 Georgetown Journal of Legal Ethics 643 (1989)
"The Constitution is Not 'Hard Law': The Bork Rejection and the Future of Constitutional Jurisprudence," 6 Constitutional Commentary 29 (1989)
"The Question Is Not Clear, But Party Government Is Not the Answer," 30 William and Mary Law Review 411 (1989)
"Parity Reconsidered: Defining a Role for the Federal Judiciary," 36 UCLA Law Review 233 (1988)
"Federal Courts, State Courts, and the Constitution: A Rejoinder to Professor Redish," 36 UCLA Law Review 369 (1988)
"Protecting the Democratic Process: Voter Standing to Challenge Abuse of Incumbency," 49 Ohio State Law Journal 773 (1988)
"Evaluating Judicial Candidates" 61 Southern California Law Review 1985 (1988)
"Thinking About Habeas Corpus," 37 Case Western Reserve Law Review 748 (1987)
"A Paradox Without a Principle: A Comment on the Burger Court's Jurisprudence in Separation of Powers Cases," 60 Southern California Law Review 1083 (1987)
"Wrong Questions Get Wrong Answers: An Analysis of Professor Carter's Theory of Judicial Review," 66 Boston University Law Review 47 (1986)
"Rethinking State Action," 80 Northwestern Law Review 503 (1985)
"More is Not Less: A Rejoinder to Professor Marshall," 80 Northwestern Law Review 571 (1985)
"State Sovereignty and Federal Court Power: The Eleventh Amendment After Pennhurst v. Halderman," 12 Hastings Constitutional Law Quarterly 643 (1985)
"Pedagogy Without Purpose: An Essay on Professional Responsibility Courses and Casebooks," 1985 American Bar Foundation Research Journal 189
"Training the Ethical Lawyer: A Rejoinder to Professor Schneyer," 1985 American Bar Foundation Research Journal 959
"The Price of Asking the Wrong Question: An Essay on Constitutional Scholarship and Judicial Review," 62 Texas Law Review 1207 (1984)
"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 (1985)
"Controlling Inherent Presidential Power: Providing a Framework for Judicial Review," 56 Southern California L. Rev. 863 (1983)
"In Defense of Equality: A Reply to Professor Westen," 81 Michigan Law Review 575 (1983)
"Rationalizing the Abortion Debate: Legal Rhetoric and the Abortion Controversy," 31 Buffalo Law Review 107 (1982)
"Controlling Fraud Against the Government: The Need for Decentralized Enforcement," 58 Notre Dame Law Review 995 (1983)
"Ending the Dual System of American Public Education: The Urgent Need for Legislative Action," 32 DePaul Law Review 77 (1982)
"Fraud and Corruption Against the Government: A Proposed Statute to Establish a Taxpayer Remedy," 72 Journal of Criminal Law and Criminology 1482 (1981)
"Government Statistics: The Case for Independent Regulation – A Legislative Proposal," 59 Texas Law Review 1223 (1981) (with Zarefsky and 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?," review of Jed Rubenfeld, Freedom and Time: A Theory of Constitutional Self-Government,100 Michigan Law Review 1249 (2002)
"Unfettered Expression: Freedom in American Intellectual Life," Review of Unfettered Expression: Freedom in American Intellectual Life, edited by Peggie J. Hollingsworth, 87 Academe 89 (September/October 2001)
"Losing Faith: America Without Judicial Review," Review of Taking the Constitution Away from the Courts, by Mark Tushnet, 98 Michigan Law Review 1416 (2000)
"Opening Closed Chambers," 108 Yale Law Journal 1087 (1999), review of Edward Lazarus, Closed Chambers (1998)
"Amending the Constitution," 96 Mich. L. Rev. 1561 (1998), review of David E. Kyvig, Explicit and Authentic Acts: Amending the U.S. Constitution, 1776-1995 (1996)
Book review of Peter Irons, May It Please the Court: The First Amendment, 34 Trial 96 (April 1998)
Book review of Charles L. Black, Jr., A New Birth of Freedom: Human Rights, Names and Unnamed, 33 Trial 72 (December 1997)
Book review of Thomas Baker, "The Most Wonderful Work": The Constitution Interpreted, 83 American Bar Association Journal 70 (1997)
Book review of Fred Maroon, The Supreme Court of the United States, 32 Trial 62 (December 1996)
"Speaking for the Minority," Book review of Alan Dershowitz, Reasonable Doubts: The O.J. Simpson Case and the Criminal Justice System, Los Angeles Times, July 7, 1996
Book review of Bernard Schwartz, How the Supreme Court Decides Cases, 32 Trial 94 (July 1996)
"The Center Holds: The Power Struggle Inside the Rehnquist Court," Review of James F. Simon, The Center Holds, 31 Trial 53 (December 1995)
"The Responsible Judge," review of The Responsible Judge: Readings in Judicial Ethics, 8 Western Legal History 291 (1995)
"Rehabilitating Federalism," review essay of Samuel Hutchison Beer, To Make a Nation (1993), 92 Michigan Law Review 1333 (1994)
"Constitutional Scholarship in the 1990s," review essay of Stephen E. Gottlieb, Public Values in Constitutional Law, 45 Hastings Law Journal 1105 (1994)
Book review of Kim Isaac Essler, A Justice For All: William J. Brennan and the Decisions that Transformed America, 29 Trial 47 (December 1993)
"Packing the Court Conservative Style," review of David G. Savage, Turning Right: The Making of the Rehnquist Supreme Court, 12 California Lawyer 99 (July 1992)
"We the People, volume 1, Foundations," review of Bruce A. Ackerman, We the People: Foundations, 28 Trial 89 (July 1992)
"A Rich History of Our Rights," Review of James M. Burns and Stewart Burns, A People's Charter: The Pursuit of Rights in America, 12 California Lawyer 90 (January 1992)
"The Seduction of Deduction: The Allure of and Problems with a Deductive Approach to Federal Court Jurisdiction," Review of Martin H. Redish, Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory, 86 Northwestern Law Review 96 (1991)
"The Constitutional Interpretation Debate Continues," book review of Harry H. Wellington, Interpreting the Constitution (1991), 27 Trial 88 (May 1991)
"An Encyclopedia on the Sociology of the Legal Profession," book review of Lawyers in Society (vols. 1-3), Abel and Lewis eds., 37 UCLA L. Rev. (1990)
Review of Michael W. McCann and Gerald L. Houseman, Judging the Constitution: Critical Essays on Judicial Lawmaking, 26 Argumentation and Advocacy 166 (1990)
"Judging Reagan's Judges," book review of Schwartz, The New Right and the Constitution: Turning Back the Clock, California Lawyer 122 (November 1990)
"Continuing the Controversy," book review of Lawrence H. Tribe, Abortion: The Clash of Absolutes, California Lawyer 122 (June 1990)
"Empty History," book review of William Crosskey and William Jeffrey, Politics and the Constitution vol 3," 81 Michigan Law Review 828 (1983)
Book Review of John Hart Ely's Democracy and Distrust, 17 Wake Forest Law Review 701 (1981)

Published conference proceedings:

"The Ethics of Prosecutors in High Profile Cases," National Association of Criminal Defense Lawyers Symposium, 1997
"School Vouchers: A Lawyer's Perspective," in School Choice, Proceedings of the Fourteenth Conference on the University/Urban Schools National Task Force, The Graduate School and University Center of the City University of New York, 1992
"Privacy v. Freedom of Speech: Striking the Balance," in Freedom of Speech and the American Community, Proceedings of a Conference Honoring Franklyn S. Haiman, Northwestern University, 1991
"The Crumbling Wall Between Church and State," in The Constitution, Society, and Religion, Proceedings of a Conference on Religion and Society, Creighton University, 1991
Non-law review publications: (through November 30, 2005)
“Rehnquist's Steady Conservatism Reshaped the Law,” 41 Trial 70-72 (November 2005)
“Splitting 9th Circuit Is Costly, Conservative Ploy,” Daily Journal, November 15, 2005
“White House, Miers Must Reveal Her Hidden Record, Daily Journal,” October 19, 2005
“An Abuse of Executive Privilege,” Herald-Sun (Durham, N.C.), October 17, 2005
“Senators Must Tell Miers: No Answers, No Confirmation,” Baltimore Sun, October 6, 2005
“Roberts Tap Dances Away,” The News & Observer (Raleigh, N.C.), September 22, 2005 Thursday
“Briefs Give Democrats Reason to Oppose Nomination,” Daily Journal, September 15, 2005
“Consider Court Nominees Together,” Herald-Sun (Durham, N.C.), September 11, 2005 (with James E. Coleman, Jr.)
“The O'Connor Legacy,” 41 Trial 68-69 (September 2005)
“Two Scholars View the Hearing: Testimony Misleads Judiciary Panel,” Daily Journal, September 14, 2005
“Once Again, Just Too Conservative,” Los Angeles Times, August 31, 2005
“Judges Do Make Law – It’s Their Job,” USA Today, August 24, 2005 (with Catherine Fisk)
“Thomas, Unbridled, Would Gut 200 Years of Precedent,” Daily Journal, August 5, 2005
“Senators Must Insist on Answers,” The News & Observer (Raleigh, N.C.), July 21, 2005
“Reality Takes Precedence in Naming Justice,” The Times Union (Albany, New York) (July 16, 2005)
“Let the Grilling Begin,” Los Angeles Times, July 13, 2005
“Age Discrimination Claims Get a Boost From the Court,” 41 Trial 76-77 (July 2005)
“Justices' Opinions Make Future of Establishment Clause Unclear,” Daily Journal, July 18, 2005
“In Wake of Deep Throat Saga, Need for Federal Shield Law Clear,” Rocky Mountain News, June 4, 2005
“Patients Need Range of Choices in the Face of Pain and Suffering,” Los Angeles Daily News, April 8, 2005 (with Judith Daar)
“Ignoring Constitution for Political Gain,” Sun-Sentinel, March 23, 2005
“Oregon’s Right to Decide,” The News & Observer (Raleigh, N.C.), March 4, 2005
“3rd Circuit Award Law Schools Victory Against Military,” Daily Journal, December 22, 2004
“Senate’s ‘Nuclear 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
“Fairness the Ballot Box: What Good is the Right to Vote if Every Ballot Isn't Counted?,” 40 Trial 32 (April 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)
“Life in Prison for Shoplifting: Cruel and Unusual,” 31 Human Rights 11 (Winter 2004)
“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 (January 2004)
“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, October 15, 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)
“On 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, Jul 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, April 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, March 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, March 10, 2003
“Give Rampart Investigators a Big Stick and Then Turn Them Loose,”Los Angeles Times, March 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,” Los Angeles Daily Journal, December 20, 2002
“Providing Equal Justice for Voiceless,” Los Angeles 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)
“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,” Los Angeles Daily News, 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)
"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
"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 (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)
"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," Open Forum (September 1996)
"Court Strikes Back," Los Angeles Daily News, June 30, 1996
"The Shrinking Docket," 32 Trial 71 (May 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. J. 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)
"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
"Punitive Damages and the Constitution," 30 Trial 90 (October 1994)
"Overreacting to the Effects of Publicity," Los Angeles Times, October 21, 1994
"Judges Aren't Sequestered; Why Juries?," Los Angeles Times, October 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," 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," Los Angeles Daily Journal, May 8, 1991 (with Sobel and Hoffman)
"DOJ Has Few Weapons Against Police Abuse," Los Angeles Daily Journal, May 7, 1991 (with Sobel and Hoffman)
"Judicial Oversight Limited By Supreme Court," Los Angeles Daily Journal, May 6, 1991 (with Sobel and Hoffman)
"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)
"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
"The Constitution and the Common Law," 73 Judicature 149 (1989)
"Should Racist Speech Be Limited?," ACLU Open Forum (November/December 1989)
"A Bad Year for Civil Rights and Civil Liberties," ACLU Open Forum (September/October 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

Community Service and Professional Activities:

Pro bono appellate litigation, including serving as counsel of record in the United States Supreme Court in Scheidler v. NOW (2005), Van Orden v. Perry (2005), Tory v. Cochran (2005), Lockyer v. Andrade (2003). Briefed and argued many cases in federal courts of appeals and the California Supreme Court.
Chair, Mayor’s Blue Ribbon Commission on City Contracting in Los Angeles, 2004-2005 (report issued February 2005)
Commissioner and Chair, Los Angeles Elected Charter Reform Commission. (Elected by voters April 8, 1997 for a two-year term to Commission to propose a new City Charter. Charter adopted by voters June 8, 1999)
Member, Governor's Task Force on Diversity and Outreach, 1999-2000 (appointed by Governor Gray Davis, September 1999)
Independent Analysis of the Board of Inquiry Report on the Rampart Police Scandal, Prepared at the Request of the Police Protective League, September 2000
Editorial Advisory Board, Law Division, Aspen Law and Business
Member, Board of Directors, ACLU of North Carolina (2005-present)
Member, Board of Directors, MAZON (2004-present)
Fellow, Center for Excellence in Teaching, University of Southern California, 1997-2000; Senior Fellow, 2000-present
President, Academic Senate, University of Southern California, 1996-1997 (President-elect, 1995-1996)
Lecturer, Federal Judicial Center, 1989-present (speaking to federal judges, magistrates, and bankruptcy judges at programs throughout the country)
Lecturer, National Judicial College, 1988-present (speaking at programs for judges sponsored by the National Judicial College)
Lecturer, Center for Civic Education, 1990-present (speaking at teacher training programs)
Lecturer, Constitutional Rights Foundation, 1992-present (speaking at meetings, including teacher training programs)
Chair, Civil Rights Section, American Trial Lawyers Association, 1998-1999 (Vice-chair, 1997-1998)
Reporter, Task Force on the Legislative Role in Setting Powers and Jurisdiction of the Courts, Citizens for Independent Courts, 1998-2000
Reporter, Task Force on Federalization of Civil Law Matters, Three-Branch Roundtable (Convened by Attorney General Janet Reno, Chief Justice William Rehnquist, and Senator Joseph Biden, March 7, 1994)
Reporter, Ninth Circuit Rule 11 Study Committee, 1990-1992 (prepared, "Rule 11 in the Ninth Circuit," Report of the Ninth Circuit Rule 11 Study Committee (1992))
Member, Technical Assistance in Constitution Drafting for the Republic of Belarus, American Bar Association, Central and Eastern European Law Initiative, Minsk, Belarus, August 1992
President, Board of Regents, Temple Emanuel Community Day School, Vice-President for Education, Temple Emanuel, 1994-1996
Commentator and consultant, CBS News, KCBS-TV, Cable News Network, Court TV, CNBC, KNX Radio, UPI Radio, and others, on the O.J. Simpson case and other legal events
Member, Editorial Advisory Board, California Lawyer Magazine, 1994-present
Member, Litigation Committee, American Association of University Professors, 1991-1995
Member, Board of Directors, American Civil Liberties Union of
Southern California, 1987-1997; Member of the Executive Committee, 1991-1995
Member, Regional Council, American Jewish Congress, 1992-present; Member, Board of Directors, 1993-1998
Chair, Federal Courts Section, American Association of Law Schools, 1993 (Chair-elect, 1992)
Member, Steering Committee, Section on Professional Responsibility, American Association of Law Schools, 1987-88; 1989-90
Member, Task Force on Professional Responsibility, Committee of Bar Examiners, State of California, 1987
Chair, Special Committee on Tenure and Promotions, University of Southern California, 1994-1996
Co-drafter (with Jeffrey Shaman) of Illinois Freedom of Information Act, on behalf of the American Civil Liberties Union of Illinois, adopted by the Illinois State Legislature, 1983
Debate Manager, Mayoral Campaign of Harold Washington, Chicago, Illinois, 1982-83