GW Law Faculty Publications
(With Langbein, John and Bruce Smith.) History of the Common Law: The Development of Anglo-American Legal Institutions. New York : Aspen Publishers, 2009.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury, 40 J. Legal Pro. 215 (2016).
(With Charles F. Lettow, & Kristen Silverberg.) A Family Tradition: Clerking at the U.S. Supreme Court, in Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and Their Justices 360 (Todd C. Peppers and Clare Cushman eds., 2015).
"The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury," in Magna Carta and Its Modern Legacy, p. 77-98. Ed. by Robert Hazell and James Melton. New York: Cambridge University Press, 2015.
"The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial," 22 William & Mary Bill of Rights Journal 811-880 (2014).
"The Rise of Directed Verdict: Jury Power in Civil Cases Before the Federal Rules of 1938," 81 The George Washington Law Review 448-525 (2013).
"Enlightenment Economics and the Framing of the U.S. Constitution," 35 Harvard Journal of Law & Public Policy 37-46 (2012).
"Thomas Nast's Crusading Legal Cartoons" 2011 The Green Bag Almanac & Reader 59-67.
"From Popular Control to Independence: Reform of the Elected Judiciary in Boss Tweed's New York." 15 George Mason Law Review 109-160 (2007).
"Unconstitutional Conditions, Germaneness, and Institutional Review Boards," 101 Northwestern University Law Review 775-789 (2007).
"The Worldwide Popular Revolt Against Proportionality in Self-Defense Law," 2 Journal of Law, Economics and Policy 331 (2006).
"International Pressure to Harmonize: The U.S. Civil Justice System in an Era of Global Trade." 2001 Brigham Young University Law Review 229-304 (2001).
"The Intersection of Two Systems: An American on Trial for an American Murder in the French Cour d'Assises." 2001 University of Illinois Law Review791-856 (2001)
"The Transformation of the American Civil Trial: The Silent Judge." 42 William & Mary Law Review 195-264 (2000).
"New Trial for Verdict against Law: Judge-Jury Relations in Early Nineteenth-Century America." 71 Notre Dame Law Review 505-553 (1996).
(with Amar, Akhil Reed). "Fifth Amendment First Principles: The Self-Incrimination Clause." 93 Michigan Law Review 857-928 (1995).
(with Amar, Akhil Reed). "Self-Incrimination and the Constitution: A Brief Rejoinder to Professor Kamisar." 93 Michigan Law Review 1011-1015 (1995).
"Reviving Federal Grand Jury Presentments." 103 Yale Law Journal 1333-1362 (1994).
Book Review, J. Legal Educ. 888 (2018) (reviewing Amalia D. Kesslar, Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877 (2017)).
"The Uncivil Jury, Part 5: What to Do Now - Repeal and Redesign," The Volokh Conspiracy (May 29, 2015, 8:32 AM), http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/29/the-uncivil-jury-part-5-what-to-do-now-repeal-and-redesign/.
"The Uncivil Jury, Part 4: The Collapse of the Civil Jury," The Volokh Conspiracy (May 28, 2015, 10:44 AM), http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/28/the-uncivil-jury-part-4-the-collapse-of-the-civil-jury/.
"The Uncivil Jury, Part 3: The Perils of Jury Trial, Efforts to Control Juries, and the Deceptive Allure of Nullification," The Volokh Conspiracy (May 27, 2015), http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/27/the-uncivil-jury-part-3-the-perils-of-jury-trial-efforts-to-control-juries-and-the-deceptive-allure-of-nullification/.
"The Uncivil Jury, Part 2: The Unromantic Origins of the Jury and the Continuous Need for an Alternative," The Volokh Conspiracy (May 27, 2015), http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/27/the-uncivil-jury-part-2-the-unromantic-origins-of-the-jury-and-the-continuous-need-for-an-alternative/.
"The Uncivil Jury, Part 1: Americans' Misplaced Sentiment About the Civil Jury," The Volokh Conspiracy (May 26, 2015), http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/26/the-uncivil-jury-part-1-americans-misplaced-sentiment-about-the-civil-jury/.