GW Law Faculty Publications
(With Smith, Peter J.) Constitutional Law: A Contemporary Approach. 3d ed. St. Paul : West, 2015.
First edition published in 2009.
Second edition published in 2011.
(With Schenck, Lisa.) Modern Military Justice: Cases and Materials. 2d ed. St. Paul: West Group, 2015.
First edition published in 2012.
(with Zinnecker, Timothy R.) Questions & Answers: Payment Systems. 2nd ed. Newark, NJ: LexisNexis, 2013.
First edition published in 2003.
Terrorism and the Law: Cases and Materials. 2nd ed. St. Paul, MN: West, 2010.
First edition published in 2005, supplemented in 2006, 2008 and 2009.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
How Justice Thomas Determines the Original Meaning of Article II of the Constitution, 127 Yale L.J. F. 210 (2017), http://www.yalelawjournal.org/forum/how-justice-thomas-determines-the-original-meaning-of-article-ii-of-the-constitution.
A Critical Guide to Using the Legislative History of the Fourteenth Amendment to Determine the Amendment’s Original Meaning, 49 Conn. L. Rev. 1069 (2017).
A Concise Guide to the Articles of Confederation as a Source for Determining the Original Meaning of the Constitution, 85 Geo. Wash. L. Rev. 397 (2017).
"Judge Bork's Remarkable Adherence to Unremarkable Principles of National Security Law," 13 Ave Maria Law Review 5-19 (2015).
"A Concise Guide to Using Dictionaries from the Founding Era to Determine the Original Meaning of the Constitution," 82 The George Washington Law Review 358-393 (2014).
"Justice Kennedy's Use of Sources of the Original Meaning of the Constitution," 44 McGeorge Law Review 77-101 (2013).
"A Concise Guide to the Records of the Federal Constitutional Convention of 1787 as a Source of the Original Meaning of the U.S. Constitution," 80 The George Washington University Law Review 1707-1752 (2012).
"A Concise Guide to the Records of the State Ratifying Conventions as a Source of the Original Meaning of the United States Constitution," 3 University of Illinois Law Review 457-496 (2009).
"Responses to the Ten Questions [What Are the Lessons from Detaining Non-U.S. Citizens, Labeled Enemy Combatants, at Gitmo]," 35 William Mitchell Law Review 5079-5087 (2009).
"Which Original Meaning of the Constitution matters to Justice Thomas?," 4 New York University Journal of Law & Liberty 494-516 (2009).
"A Complaint About Payment Law Under the U.C.C.: What You See is Often Not What You Get." 68 Ohio State Law Journal 201-214 (2007).
"A Concise Guide to the Federalist Papers as a Source of the Original Meaning of the United States Constitution." 87 Boston University Law Review 801-847 (2007).
"Assessing the Legality of Counterterrorism Measures Without Characterizing Them as Law Enforcement or Military Action," 80 Temple Law Review 661-710 (2007).
"Forward: Symposium on the New Face of Armed Conflict--Enemy Combatants after Hamdan v. Rumsfeld." 75 The George Washington Law Review 971-1006 (2007).
"How the United States Might Justify a Preemptive Strike on a Rogue Nation's Nuclear Weapon Development Facilities Under the U.N. Charter." 57 Syracuse Law Review 465-496 (2007).
"Estoppel and Textualism." (American Law in the 21st Century: U.S. National Reports to the XVIIth International Congress of Comparative Law). 54 American Journal of Comparative Law (Suppl.) 167-186 (2006).
"The Campaign to Restrict the Right to Respond to Terrorist Attacks in Self-Defense Under Article 51 of the U.N. Charter and What the United States Can Do About It." 4 Regent International Law Journal149 (2006).
"The Rehnquist Court's Noninterference with the Guardians of National Security." 74 The George Washington Law Review 1122-1143 (2006).
"The Waning Importance of Revisions to U.C.C. Article 2." 78 Notre Dame Law Review 595-628 (2003).
"Patterns of Drafting Errors in the Uniform Commercial Code and how Courts Should Respond to Them." 2002 University of Illinois Law Review 81-120 (2002).
"Regulating Electronic Commerce." 50 American Journal of Comparative Law 665 (Suppl. 2002).
"Cautious Skepticism about the Benefit of Adding more Formalities in the Manual for Courts-Martial Rule-Making Process: A Response to Captain Kevin J. Barry." 165 Military Law Review 237-280 (2000).
"Karl Llewellyn's Fading Imprint on the Jurisprudence of the Uniform Commercial Code." 71 University of Colorado Law Review 541-588 (2000).
"A New Proposal for Implementing Means Testing in Bankruptcy." 1 Corporate & Business Law Journal 1 (1999).
"Judicial Review of the Manual for Courts-Martial." 160 Military Law Review 96-157 (1999).
""Ipse Dixit: The Restatement (Second) of Contracts and the Modern Development of Contract Law." 66 George Washington Law Review 508-555 (1998).
"Internet Solutions to Consumer Protection Problems." (Symposium: Conducting Business over the Internet). 49 South Carolina Law Review 887-902 (1998).
"The Holder in Due Course Doctrine as a Default Rule." 32 Georgia Law Review 783-824 (1998).
"Translating Federalism: A Textualist Reaction." 66 George Washington Law Review 1198-1205 (1998).
"New Payment Devices and General Principles of Payment Law." 72 Notre Dame Law Review 753-798 (1997).
"Self-Publication on the Internet and the Future of Law Review." 30 Akron Law Review 237-242 (1997).
"Reconciling Textualism and the Chevron Doctrine: In Defense of Justice Scalia." 28 Connecticut Law Review 393-423 (1996).
(with Bradshaw, Shelton T.) "Virtual Impeachment and Book Review Conviction: Talk about Strange Justice." 64 George Washington Law Review 703-713 (1996).
"Consumer Bankruptcy Fraud and the 'Reliance on Advice of Counsel' Argument." 69 American Bankruptcy Law Journal 1-32 (1995).
"Determining the Rights and Liabilities of the Remitter of a Negotiable Instrument: A Theory Applied to some Unsettled Questions." 36 Boston College Law Review 619-668 (1995).
"Just Say No?" (Symposium on Law Review Editing: The Struggle between Author and Editor over Control of the Text). 70 Chicago-Kent Law Review 101-110 (1994).
(with Weiss, Michael D.). "Progress on Attorney's Fees: Expanding the 'Loser Pays' Rule in Texas." 30 Houston Law Review 1915-1944 (1994).
"The Secret Decline of Legislative History: Has Someone Heard a Voice Crying in the Wilderness?" 1994 Public Interest Law Review 57-73 (1994).
"Flexibility and Discretion in Police Work." (Symposium). 7 The World & I 516 (March 1992).
"Innovation in Constitutional Law: The Right to Education and the Tricks of the Trade." (Response to Susan H. Bitenshky). 86 Northwestern University Law Review 1038-1055 (1992).
"Reducing the Costs of Statutory Ambiguity: Alternative Approaches and the Federal Court Study Committee." 29 Harvard Journal on Legislation 123-173 (1992).
"The 1990 Supreme Court Term: Review and Outlook." 1992 Public Interest Law Review 75-94 (1992).
"Postscript: In Budget Disputes between Elected State Officials, Will the Rule of Law Prevail?" 23 St. Mary's Law Journal 511-516 (1991).
"Book Note. Original Federalism." 101 Harvard Law Review 855-859 (1988).
"Case Comment. Asahi Metal Industry Co. v. Superior Court." 101 Harvard Law Review 260-270 (1987).
"Note. 'Adequate Protection' and the Availability of Postpetition Interest to Undersecured Creditors in Bankruptcy." 100 Harvard Law Review 1106-1124 (1987).
Review of Blackwater: The Rise of the Most Powerful Mercernary Army, by Jeremy Scahill, and From Mercenaries to Market: Rise and Regulation of Private Military Companies, edited by Simon Chesterman. 103 American Journal of International Law 198-204 (2009).
Review of Judge Advocates in Combat: Army Lawyers in Military Operations from Vietnam to Haiti, by Frederic L. Borch. 67 Journal of Military History 642 (2003)
"More Than One Cent for Tribute." Review of Money for Nothing: Politicians, Rent Extraction and Political Extortion, by Fred S. McChesney. 1 Green Bag 101-104 (1997).
"Still Partial to It." Review of The Partial Constitution, by Cass Sunstein. 103 Yale Law Journal 1627-1649 (1994).
"Bankruptcy as a Business Tool." Review of Strategic Bankruptcy: How Corporations and Creditors use Chapter 11 to their Advantage, by Kevin J. Delaney. 71 Texas Law Review 681-695 (1993).
Report of the Special Master on Six Motions for Partial Summary Judgment and One Motion for Confirmation of a Disclaimer of Title, Alaska v. United States. (U.S. Mar. 2004) (No. 128, Orig.).
"The Pace Picks Up: Bankruptcy Cases are no Longer the Court's Stepchildren." Legal Times, Special Supplement, p. 26 (Sept. 30, 1991).