SSRN | Scholarly Commons
BOOKS
(With Glannon, Joseph W., and Andrew M. Perlman.) Civil Procedure: A Coursebook. 3d ed. New York: Wolters Kluwer, 2017.
Second edition published in 2014.
(With Dycus, Stephen and William C. Banks.) Counterterrorism Law. 3d ed. New York: Walters Kluwer Law & Business, 2016.
First edition published by Aspen Publishing in 2007.
Second edition published in 2012.
(with Dycus, Stephen, et al). National Security Law. 6th ed. New York: Wolters Kluwer Law & Business, 2016.
First edition published in 1990.
Second edition published in 1997.
Third edition published in 2002.
2004-2005 Supplement issued in 2004.
2005-2006 Supplement issued in 2005.
Fourth edition published in 2007.
2008-2009 Supplement issued in 2008.
2009-2010 Supplement issued in 2009.
Fifth edition published in 2011.
2015-2016 Supplement issued in 2015.
(With Glannon, Joseph W., and Andrew M. Perlman.) Civil Procedure: Rules, Statutes, and Other Materials. New York: Wolters Kluwer Law & Business, 2013-.
Updated annually.
(With Shreve, Gene R. and Charles Gardner Geyh.) Understanding Civil Procedure. 5th ed. Newark, NJ: LexisNexis, 2013.
First edition published by Matthew Bender in 1989.
Second edition published by Matthew Bender in 1994.
Third Edition published in 2002.
Fourth edition published in 2009 with Gene R. Shreve.
(with Dycus, Stephen, et al.). National Security Law: Teacher's Manual. 4th ed. Boston: Little, Brown & Company, 2008.
First edition published in 1991.
Second edition published in 1997.
Third edition published in 2003.
Reporter & Principal Author. Deciding to Use Force Abroad: War Powers in a System of Checks and Balances. Washington, D.C.: The Constitution Project, 2005.
(with Banks, William C.) National Security Law and the Power of the Purse. New York: Oxford University Press, 1994.
First Use of Nuclear Weapons: Under the Constitution, Who Decides? New York: Greenwood Press, 1987.
Water and the Cities: Contemporary Water Resource and Related-Land Planning. Cambridge, MA: Abt Associates, 1969.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
(With Dycus, Stephen and William C. Banks.) "A Brief History of the Field of National Security Law," in ABA Standing Committee on Law and National Security 50th Anniversary: National Security Law: Fifty Years of Transformation: An Anthology. Ed. by Jill D. Rhodes. Chicago: American Bar Association, 2012.
"Executive Self-Controls: Madison's Other Check on National Security Initiatives by the Executive," 23 St. John's Journal of Legal Commentary 987-995 (2009).
"Foreign Intelligence Surveillance Act of 1978 (FISA)," in Encyclopedia of Privacy, 234-235, edited by William G. Staples. Westport, CT: Greenwood Press, 2007.
"Panel Report: National Security Secrecy in the Courts: A Comparative Perspective from Israel and Ireland." 5 Cardozo Public Law, Policy & Ethics Journal 63-74 (2006).
"Security's Conquest of Federal Law Enforcement," in In Democracy's Shadow: The Secret World of National Security 217-236, edited by Marcus G. Raskin & A. Carl LeVan. New York: Nation Books, 2005.
"Detaining Combatants by Law or by Order? The Rule of Lawmaking in the War on Terrorists." (Symposium on Terrorism). 64 Louisiana Law Review 831-850 (2004).
(with Banks, William C.). "Targeted Killing and Assassination: The U.S. Legal Framework." 37 University of Richmond Law Review 667-749 (2003).
"Responses to the Debate on Whether Congress Must End the Disenfranchisement of the District of Columbia." (Panel Discussion). 48 American University Law Review 673-717 (1999).
"Constitutional War Powers: Original Intent and Practice." 2 Journal of National Security Law 4-22 (1998).
"The Forgotten Proviso of 1367(b)(And Why We Forgot)." 74 Indiana Law Journal 197-210 (1998).
(Ed. and contributor). "The War Powers Resolution: Origins, History, Criticism and Reform." 2 Journal of National Security Law 1 (1998).
"From Vietnam to Desert Shield: The Commander-in-Chief's Spending Power." 81 Iowa Law Review 79-147 (1995).
(with Banks, William C.). "Pulling the Purse Strings of the Commander-in-Chief." 80 Virginia Law Review 833-944 (1994).
"Constitutional Constraints: The War Clause." in The U.S. Constitution and the Power to Go to War 29-54, edited by Gary M. Stern and Morton H. Halperin. Greenwood Press, 1993.
"The Constitutionality of D.C. Statehood." 60 George Washington Law Review 160-193 (1991).
"Nuclear War Powers." 83 American Journal of International Law 786-795 (1989).
"Regulatory Estoppel: When Agencies Break Their Own 'Laws.'" 64 Texas Law Review 1-77 (1985).
"Quid Pro Quo for Public Dough." 403 Annals of the New York Academy of Sciences 83 (1983).
"Making Agencies Follow Orders: Judicial Review of Agency Violations of Executive Orders 12,291." 1983 Duke Law Journal 285-353.
"Do's and Don'ts for Whistle Blowers: Planning for Trouble." 82 Technology Review 34 (1980).
"Congressional Representation for the District of Columbia: A Constitutional Analysis." 12 Harvard Journal on Legislation 167-192 (1975).
"The Revenue-Sharing Act of 1972: United and Untraceable Dollars from Washington." 10 Harvard Journal on Legislation 275-296 (1973).
BOOK REVIEWS
"Terror Lawyers." Review of The Terror Presidency: Law and Judgment Inside the Bush Presidency, by Jack Goldsmith. 102 American Journal of International Law 672-684 (2008).
OTHER
(with Motomura, Hitoshi, et al.) Antiterrorism Policy, Immigration, Civil Liberties. (2 audiocassettes). Millersville, MD: Recorded Resources Corp., 2002.
(with Mitchell, Lawrence E.). "Companies are Responding to National Crisis by Laying Off Low-Paid Workers." 114 New York Law Journal 6 (Oct. 29, 2001).
"Bringing Terrorists to Justice Under the Rule of Law," United States Foreign Policy Agenda, Nov. 2001, at 29-31.
(with Albini, Joseph L., and Brian Sullivan). Organized Crime: The National Security Dimension. Garmisch-Partenkirchen, Germany: George C. Marshall European Center for Security Studies, 2000.
(with Dycus, Stephen). "Congress' Role in the Kosovo Crisis." 21 ABA National Security Law Report 1 (July 1999).
(with Burk, Dan L., et al.). Personal Jurisdiction in Cyberspace: Is There any "There" There? (2 audiocassettes). Millersville, MD: Recorded Resources Corp., 1999.
"Back to the Future: (Re)turning to Special Prosecutors." 18 GW Law School 22 (Special Issue 1999).
The Federal Statute of Limitations Act of 1992. A Report for the Subcommittee on Intellectual Property and Judicial Administration of the House Judiciary Committee. 1992.
"The Gulf War: Collective Security, War Powers and Laws of War." 1991 American Society of International Law Proceedings 8-13 (1991) (Panel discussion).
(with Wolf, David). "For Ollie North et al., Pretrial Exoneration Not the Way to Go." 11 Legal Times 22 (Oct. 10, 1988).