Books
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- Gender and Law: Theory, Doctrine, Commentary (Aspen Publishers, 4th ed. 2006) (with Deborah L. Rhode)
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- Foreign Relations Law: Cases and Materials (Aspen Publishers, 1st ed. 2003, 2d ed. 2006, 3d. ed. 2009) (with Jack L. Goldsmith)
- Presidential Power Stories (Foundation Press 2009) (co-editor with Christopher H. Schroeder)
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- Jurisprudence: Text and Readings on the Philosophy of Law (3d ed. 2008) (with Patrick H. Martin)
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- Preventing Child Maltreatment: Community Approaches (Guilford Press, 2009) (editor with Kenneth A. Dodge)
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- Legal Information and the Development of American Law (editor with Frank G. Houdek) (Thomson/West, 2008)
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- The Foundation: A Great American Secret; How Private Money is Changing the World (Public Affairs, 2007)
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- Legal Reasoning, Legal Theory and Rights (Ashgate, 2007)
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- Human Rights (Foundation Press, 2d ed. 2009) (with others)
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- No Law: Intellectual Property in the Image of an Absolute First Amendment (Stanford University Press, 2009) (with H. Jefferson Powell)
- Intellectual Property: Cases and Materials (1st ed. 1998, 2d ed. West 2003,3d ed. 2007) (with Mary LaFrance & Gary Myers)
- Teacher's Manual to Intellectual Property: Cases and Materials (3d ed. 2007) (with Mary LaFrance & Gary Myers)
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- Federal Trial Objections (James Publishing, 2008 ed.) (with Peter A. Nowinski & Gail Killefer)
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- Beyond the State: Rethinking Private Law (editor with Nils Jansen, Mohr/Siebeck 2008)
- Conflict of Laws in a Globalized World (editor with Eckart Gottschalk, Giesela Rühl, & Jan von Hein, Cambridge University Press, 2007) (A tribute to Arthur von Mehren)
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- Law and Democracy in the Empire of Force (University of Michigan Press, 2009) (editor with James B. White)
- No Law: Intellectual Property in the Image of an Absolute First Amendment (Stanford University Press, 2009) (with David L. Lange)
- William Rawle, A View of the Constitution of the United States of America (editor, Carolina Academic Press 2009) (2d ed. 1829)
- Constitutional Conscience: The Moral Dimension of Judicial Decision (University of Chicago Press, 2008)
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- A Tolerable Anarchy: Rebels, Reactionaries, and the Making of American Freedom (Knopf, 2009)
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- Law and the Mental Health System : Civil and Criminal Aspects (Thomson/West, 5th ed. 2008) (with Christopher Slobogin & Ralph Reisner)
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- Community Property in the United States (7th ed. 2009) (with Cynthia Samuel)
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- Civil Procedure (Foundation Press, 2d ed. 2008) (with Suzanna Sherry & Jay Tidmarsh)
- Constitutional Theory: Arguments and Perspectives (LexisNexis, 3d ed. 2007) (with Michael J. Gerhardt & Stephen M. Griffin)
- Federal Courts in the Twenty-First Century (2d ed. 2002, 3d ed. 2007) (with others)
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- The Practice and Policy of Environmental Law (Foundation Press, 2008) (with J.B. Ruhl & John Nagle).
- Concepts and Insights in Environmental Law and Policy (Foundation Press 2003, 2d ed. 2007) (with Barton Thompson, Jr.)
- International Environmental Law and Policy (Foundation Press 1998, 2d ed. 2002, 3d ed. 2007) (with Durwood Zaelke & David Hunter)
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- Federal Income Taxation: Cases and Materials (Aspen Publishing, 2d ed. 2007) (with Lawrence Zelenak)
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- Presidential Power Stories (Foundation Press 2009) (co-editor with Curtis A. Bradley)
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- Nine Principles of Litigation and Life (American Bar Association 2009)
- Trial Stories (editor with Angela J. Davis, 2008)
- Thinking About Terrorism: The Threat to Civil Liberties in Times of National Emergency (American Bar Association 2007)
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- American Juries: The Verdict (Prometheus Books, 2007) (with Valerie P. Hans)
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- Federal Income Taxation: Cases and Materials (Aspen Publishing, 2d ed. 2007) (with Richard L. Schmalbeck)
