GW Law Faculty Publications
(With DiMatteo, Larry A., Robert A. Prentice & Daniel D. Barnhizer.) Visions of Contract Theory: Rationality, Bargaining and Interpretation. Durham: Carolina Academic Press, 2007.
(With Lively, Donald E., Allen Hammond and Russell L. Weaver.) Communications Law: Media, Entertainment, and Regulation. Cincinnati: Anderson Pub., 1997.
Reprinted in 2003 by LexisNexis.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
Foreword, Fall 2016 Symposium: Divergence and Reform in the Common Law of Contracts, 85 Geo. Wash. L. Rev. 1581 (2017).
The Continued Evolution of American Legal Education, 51 Wake Forest L. Rev. 245 (2016).
"Contractual Interpretation in the Commercial Context," in Comparative Contract Law: British and American Perspectives, p. 248-271. Ed. by Larry A. DiMatteo and Martin Hogg. Oxford: Oxford University Press, 2016.
"Reply to Catherine Mitchell, 'Interpreting Commercial Contracts: The Policing Role of Context in English Law,'" in Comparative Contract Law: British and American Perspectives, p. 284-285. Ed. by Larry A. DiMatteo and Martin Hogg. Oxford: Oxford University Press, 2016.
"2015 AALS Annual Meeting Presidential Address. Benefits from Challenge: The Continual Evolution of American Legal Education," 64 Journal of Legal Education 523-529 (2015).
"Lawyers as Conservators and Guardians: Justice, the Rule of Law, and the Relevance of Sir Thomas More," 2012 Michigan State Law Review 647-662.
"The Declining Prevalence of Trials as a Dispute Resolution Device: Implications for the Academy," 38 William Mitchell Law Review 1123-1145 (2012).
(With DiMatteo, Larry A.) "Contract in Context and Contract as Context," 45 Wake Forest Law Review 549-577 (2010).
"Brown as Catalyst," in Law Touches Our Hearts: A Generation Remembers Brown v. Board of Education, p. 157-160. Ed. by Mildred Wigfall Robinson and Richard J. Bonnie. Nashville: Vanderbilt University Press, 2009.
"Equality-Based Perspectives on the Free Speech Norm: Twenty-First Century Considerations--An Introductory Essay," 44 Wake Forest Law Review 315-320 (2009).
"Reflections of a Novice: Four Tenets for a New Dean," 40 University of Toledo Law Review 385-393 (2009).
"The Inescapable Intersection of Credibility, Audience and Profit in Broadcast Media's Coverage of Elections," 24 St. John's Journal of Legal Commentary 479-506 (2009).
"The Search for a Viable Theory of Regulation in the Digital Age," 47 University of Louisville Law Review 661-678 (2009).
"The Salience of Power in the Regulation of Bargains: Procedural Unconscionability and the Importance of Context," 2006 Michigan State Law Review 925-961.
(With Drumbl, Mark, et al.) "A Tribute to Frederic L. Kirgis," 62 Washington 7 Lee Law Review 833-869 (2005).
"The Endemic Reality of Media Ethics and Self-Restraint," 19 Notre Dame Journal of Law, Ethics & Public Policy 595-636 (2005).
"The Jurisprudence of the Media's Access to Voting Polls," 4 First Amendment Law Review 107-138 (2005).
(With Lubbers, Jeffrey S.) "A Reexamination of Federal Agency Use of Declaratory Orders," 56 Administrative Law Review 1097 (2004).
"Democracy, Choice, and the Importance of Voice in Contemporary Media," 53 DePaul Law Review 943-988 (2004).
"Lessons from Thomas More's Dilemma of Conscience: Reconciling the Clash between a Lawyer's Beliefs and Professional Expectations," 78 St. John's Law Review 965-1009 (2004).
"Electoral Integrity: Media, Democracy, and the Value of Self-Restraint," 55 Alabama Law Review 1-62 (2003).
"The Quest for Bargains in an Age of Contractual Formalism: Strategic Initiatives for Small Businesses," 7 Journal of Small & Emerging Business Law 233-282 (2003).
"Introductory Essay: The Relevance of Gender Bias Studies," 48 Washington & Lee Law Review 1073-1084 (2001).
"Resolving the Dilemma of the Televised Fair Trial: Social Facilitation and the Intuitive Effects of Television," 8 Virginia Journal of Social Policy & Law 329-396 (2001)..
"Law, Literature, and Contract: An Essay in Realism," 4 Michigan Journal of Race & Law 1-37 (1998).
"The Teachings of Dr. Martin Luther King, Jr. and Contract Theory: An Intriguing Comparison," 50 Alabama Law Review 63-113 (1998).
"The Relevance of Race and Disparity in Discussions of Contract Law," 31 New England Law Review 889-939 (1997).
"Contractual Rules and Terms and the Maintenance of Bargains: The Case of Fledgling Writer," 18 Hastings Comm/Ent Law Journal 453-507 (1996().
"Contracts Limiting Liability: A Paradox with Tacit Solutions," 69 Tulane Law Review 715-779 (1995).
"Restraint of Controversial Musical Expression after Skyywalker Records, Inc. v. Navarro and Barnes v. Glen Theatre, Inc.: Can the Band Play On?," 70 Denver University Law Review 5-42 (1992).
In Praise of Civility, The Atlantic (May 24, 2018), https://www.theatlantic.com/education/archive/2018/05/in-praise-of-civility/561056.
The Case for Holistic Education in the Wake of Charlottesville Violence, HuffPost (Aug. 14, 2017, 1:22 PM), http://www.huffingtonpost.com/entry/5991d7fce4b063e2ae0581a7.
The Heroic Lawyer: The Profession Can No Longer Ignore Its Negative Image, HuffPost (June 20, 2017, 3:29 PM), https://www.huffingtonpost.com/entry/59496f37e4b0579a1f392756.
"The Commemorative Thomas More Address: Thomas More's Dilemma of Conscience: Understanding the Conflict Between Personal Beliefs and Professional Expectations," 44 St. Dunstan's Church Friend Journal 6 (2004).