Unwarranted Invasions of Personal Privacy Under Federal FOIA and New York FOIL, 11 Government, Law and Policy Journal 12 (New York State Bar Association) (Spring 2009)
Does What We Know About the Life Cycle of Democracy Fit Constitutional Law?, 61 Rutgers Law Review 595 (2009)
Law and the Polarization of American Politics, 25 Georgia State Law Review 339 (2009)
What Federalism & Why? Science Versus Doctrine, 35 Pepperdine Law Review 47 (2007)
"Roe's not done yet," NEWSDAY (April 22, 2007 at A47)
Juirsprudence, Cases and Materials: An Introduction to the Philosophy of Law and its Applications, Second Edition, with Robin L. West, Brian Bix and Timothy D. Lytton (Newark, NJ: LexisNexis, 2006)
Teachers' Manual for Jurisprudence, Cases and Materials: An Introduction to the Philosophy of Law and its Applications, 2nd ed., (LexisNexis, 2006) (with Robin L. West, Brian Bix and Timothy D. Lytton
The Rehnquist Court (1986 - ): Radical Revision of American Constitutional Law, in THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE 327 (Houghton Mifflin/American Bar Foundation, 2005) (Christopher L. Tomlins, ed.)
Sandra Day O'Connor's Position on Discrimination, 4 MARGINS: Maryland's Law Journal on Race, Religion, Gender and Class 24 (2004)
In 'Vieth,' Court Continues to Misunderstand Gerrymandering, 232 (no. 35) New York Law Journal, 4 (August 19, 2004)
Co-author of Report of the New York Advisory Committee to the U.S. Commission on Civil Rights, Civil Rights Implications of Post-September 11 Law Enforcement Practices in New York (2004)
Rolling John Bingham in his Grave: the Rehnquist Court Makes Sport with the 14th Amendment, 36 Akron L. Rev. 411 (2003)
The Empirical Basis of First Amendment Principles, 19 Journal of Law and Politics 145 (2003) (with David Schultz)
What will Mr. Bush's war achieve, distributed by Knight-Ridder/Global Beat, March 17, 2003 Newsprint version: Norwalk, Ct HOUR, Monday, March 17, 2003, as Bush's War Will Make World a Riskier Place
Holes in Bush's State of the Union, distributed by Knight-Ridder/Global Beat, January 29, 2003 Newsprint version: Frederick, MD NEWS-POST, February 1, 2003
A Better Way to Combat Terrorism: We don't have to sacrifice civil liberties in order to feel safe, distributed by Knight-Ridder/Global Beat, January 27, 2003
Newsprint version: McAllen, TX MONITOR, January 26, 2003 as There is a better way to combat terrorism
Contributor, THE ENCYCLOPEDIA OF AMERICAN LAW. (New York: Facts on File, Inc., David A. Schultz, ed. 2002) (David A. Schultz, ed.) [essays on Compelling Governmental Interests, Strict Scrutiny, Justice John Paul Stevens, Chief Justice William H. Rehnquist]
Districting and the Meanings of Pluralism: The Court's Futile Search for Standards in Kiryas Joel, in THE U. S. SUPREME COURT AND THE ELECTORAL PROCESS, 2nd ed. (Georgetown University Press, 2002) (David Ryden, ed.) (revision of article appearing in the 2000 ed.)
Bush v. Gore Typifies the Rehnquist Court's Hostility to Voters, in THE U. S. SUPREME COURT AND THE ELECTORAL PROCESS, 2nd ed. (Georgetown University Press, 2002) (David Ryden, ed.)
Brown v. Board of Education and the Application of American Tradition to Racial Division, 34 Suffolk University Law Review 281 (2001)
Tears for Tiers on the Rehnquist Court, 4 University of Pennsylvania Journal of Constitutional Law 350 (2002)
Incumbents Rule National Law Journal, February 25, 2002
Variants of the preceding article were also published as Stop 'Safe' Districting, in:
Broward Daily Business Review, March 4, 2002, at A11
Miami Daily Business Review, March 4, 2002 at A11
Palm Beach Daily Business Review, March 4, 2002 at A11
Safe Districts Are Good for Politicians but Bad for America, in Syracuse Post-Standard, Sunday, Nov. 11, 2001, at D3
Safe Districts: Good for Politicans, Bad for America, in Philadelphia Daily News, Wednesday, November 28, 2001 at 17
Incumbency Protection Assured, in Harrisburg, Pa Patriot News, Thursday, Dec. 13, 2001 at A25
The High Court's Hidden Agenda, New York Law Journal, April 10, 2001
Fulton County Daily Report , April 13, 2001
The Amoral Court, JURIST.law.pitt.edu, April 5, 2001
Court's Moral Wreck, National Law Journal A18, Monday, January 29, 2001
The Passing of the Cardozo Generations, 34 Akron Law Review 283 (2000)
Communities in the Balance: Comments on Koch, 37 Houston Law Review 711 (2000)
Bush Hasn't Learned Yet That Speed Kills, The Boston Globe, A19, November 25, 2000
MORALITY IMPOSED: THE REHNQUIST COURT AND LIBERTY IN AMERICA (New York University Press, 2000)
Districting and the Meaning of Pluralism: The Court's Futile Search for Standards in Kiryas Joel, in THE U.S. SUPREME COURT AND THE ELECTORAL PROCESS 58 (David Ryden, ed.) (Georgetown Univ. Press, 2000)
The Philosophical Gulf on the Rehnquist Court, 29 Rutgers Law Journal 1 (1997)
Does Federalism Matter to its Devotees on the Court? 23 Ohio Northern University Law Review 1179 (1997)
Legal Functionalism and Social Change: A Reassessment of Rosenberg's "The Hollow Hope" (with D. Schultz) in LEVERAGING THE LAW: USING THE COURTS TO ACHIEVE SOCIAL CHANGE (P. Lang, 1998), (David Schultz, ed.)
Three Justices in Search of a Character: the Moral Agendas of Justices O'Connor, Scalia and Kennedy, 49 Rutgers Law Review 219 (1996)
Legal Functionalism and Social Change: A Reassessment of Gerald Rosenberg, "The Hollow Hope: Can Courts Bring About Social Change?" 12 Journal of Law and Policy 63 (1998)(with David Schultz)
The Paradox of Balancing Significant Interests, 45 Hastings Law Journal 825 (1994)
PUBLIC VALUES IN CONSTITUTIONAL LAW (Editor and Contributor) (Ann Arbor, Michigan: University of Michigan Press, 1993)
JURISPRUDENCE: CASES AND MATERIALS (Charlottesville, Virginia: The Michie Company, 1993)
TEACHER'S MANUAL to accompany JURISPRUDENCE: CASES AND MATERIALS (Charlottesville, Virginia: The Michie Company, 1993)
Contributor, THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (Kermit Hall, ed., Oxford University Press, 1992)
Election Reform and Democratic Objectives--Match or Mismatch? 9 Yale Law and Policy Review 205 (1991)
Case Notes, in ENCYCLOPEDIA OF AMERICAN POLITICAL PARTIES AND ELECTIONS, L. S. Maisel, ed., (Garland Publishing Co., 1991)
TOWARD A USABLE PAST, (editor, with Paul Finkelman) (University of Georgia Press, 1991)
The Dilemma of Election Campaign Finance Reform, 18 Hofstra Law Review 213 (1989)
1787 Constitutional Convention - Computerized Database, 1988 (Assembled with research grant from the Division of Research Programs of the National Endowment for the Humanities)
Fashioning a Test for Gerrymandering, 15 Journal of Legislation 1 (1988)
Compelling Governmental Interests: An Essential But Unanalyzed Term in Constitutional Adjudication, 8 Boston University Law Review 917 (1988)
Why Study PACs? Review of A. Matasar, CORPORATE PACS AND FEDERAL CAMPAIGN FINANCE LAW, 21 Law and Society Review 907 (1988)
In the Name of Patriotism: The Constitutionality of "Bending" History in Public Secondary Schools, 62 New York University Law Review 497 (1987), reprinted in 22 The History Teacher 411 (1989)
The Speech Clause and the Limits of Neutrality, 51 Albany Law Review 19 (1986)
Reformulating the Motive/Effects Debate in Constitutional Adjudication, 33 Wayne Law Review 97 (1986)
Fleshing Out the Right of Association: The Problem of the Contribution Limits of the FECA, 49 Albany Law Review 825 (1985)
In Search of the Link Between Due Process and Jurisdiction, 60 Washington University Law Quarterly 1291 (1983)
Rebuilding the Right of Association: The Right to Hold a Convention as a Test Case, 11 Hofstra Law Review 191 (1982)
The System's View of Third Party Candidates, in PRESIDENTIAL SELECTION, ed. by Franklin J. Havelick (Conference Proceedings for American Bar Association Special Committee on Election Law and Voter Participation, 1982)
Government Allocation of First Amendment Resources,
41 University of Pittsburgh Law Review 205 (1980)
Strife in the Carolene Garden, 57 University of Detroit Journal of Urban Law 919 (1980)
Feedback From the Fourth Amendment, 67 Kentucky Law Journal 1007 (1979)
The Role of Law in the Broadcast of Political Debate, 37 Federal Bar Journal 1 (1978)
SYSTEMATIC LITIGATION PLANNING (BNA, 1978)
Post Graduate Legal Education and Law Schools, 29 Journal of Legal Education 206 (1978)
Reprinted in 9 ALI-ABA CLE Review No. 40, p. 1 (Oct. 1, 1978), No. 41, p. 1 (Oct. 6, 1978), and No. 42, p. 7 (Oct. 13, 1978)
Reprinted as Postgraduate Training in Legal Problem Solving, in CONTINUING LEGAL EDUCATION FOR PROFESSIONAL COMPETENCE AND RESPONSIBILITY SINCE ARDEN HOUSE II: SELECTED ARTICLES ON PROFESSIONAL COMPETENCE AND RESPONSIBILITY FROM THE ALI-ABA CLE REVIEW, at 134 (1984)
Election Law and Election Reform: Strategy for the Long Run, 79 West Virginia Law Review 237 (1977)
Methods of Controlling Abuse of Police Power, 6 Clearinghouse Review 129 (1972)
Identifying Gerrymanders, 15 St. Louis University Law Journal 540 (1971)