BOOKS
(With Diane T. Chin.) Beyond the Big Firm: Profiles of Lawyers Who Want Something More (2007).
Fundamentals of American Law. Oxford: Oxford University Press, 2004.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
Seila Law v. Consumer Fin. Prot. Bureau: Score One for the Unitary Executive Theory, Geo. Wash. L. Rev. On the Docket (Oct. 2019 Term) (July 3, 2020), https://www.gwlr.org/seila-law-v-consumer-financial-protection-bureau-score-one-for-the-unitary-executive-theory/.
The Bottom Lines in the Trump Subpoena Cases: More Losses than Wins for the President, But No One Is Going to See His Tax Returns Soon, Geo. Wash. L. Rev. On the Docket (Oct. 2019 Term) (July 9, 2020), https://www.gwlr.org/the-bottom-lines-in-the-trump-subpoena-cases-more-losses-than-wins-for-the-president-but-no-one-is-going-to-see-his-tax-returns-soon/.
A Negotiation Class: A New, Workable, and (Probably) Lawful Idea, 99 Tex. L. Rev. Online 49 (2020), https://texaslawreview.org/wp-content/uploads/2020/11/Morrison.TLRO_.V99.FINAL_.pdf.
North Carolina Dep’t of Revenue v. Kaestner 1992 Family Trust: No Tax Due, But No Path for the Next Cases, Geo. Wash. L. Rev. On the Docket (Oct. 2018 Term) (July 8, 2019), https://www.gwlr.org/north-carolina-department-of-revenue-v-kaestner-1992-family-trust-no-tax-due-but-no-path-for-the-next-cases/.
Tennessee Wine & Spirits Retailers Ass’n v. Thomas: Local Protectionism Loses Out, Geo. Wash. L. Rev. On the Docket (Oct. 2018 Term) (July 2, 2019), https://www.gwlr.org/tennessee-wine-spirits-retailers-assn-v-thomas-local-protectionism-loses-out/.
When Is a Defendant Not a Defendant? Home Depot U.S.A., Inc. v. Jackson, Geo. Wash. L. Rev. On the Docket (Oct. 2018 Term) (June 11, 2019), https://www.gwlr.org/home-depot-u-s-a-inc-v-jackson/.
Franchise Tax Board v. Hyatt: An Unnecessary Overruling, Geo. Wash. L. Rev. On the Docket (Oct 2018 term) (May 21, 2019), https://www.gwlr.org/franchise-tax-board/.
Safe at Home: The Supreme Court's Personal Jurisdiction Gift to Business, 68 DePaul L. Rev. 517 (2019).
Gill v. Whitford & Benisek v. Lamone: Some Good News and Some Bad, Geo. Wash. L. Rev. On the Docket (Oct. 2017 term) (June 24, 2018), https://www.gwlr.org/gill-v-whitford-benisek-v-lamone/.
Minnesota Voters Alliance v. Mansky: Mixed Message on Polling Place Speech Restrictions, Geo. Wash. L. Rev. On the Docket (Oct. 2017 Term) (June 20, 2018), https://www.gwlr.org/minnesota-voters-alliance-v-mansky/.
Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors, Geo. Wash. L. Rev. On the Docket (Apr. 7, 2018), https://www.gwlr.org/encino-motorcars-llc-v-navarro/.
U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law, Geo. Wash. L. Rev. On the Docket (Mar. 21, 2018), https://www.gwlr.org/u-s-bank-national-assn-v-village-at-lakeridge/.
Chevron Deference: Mend It, Don't End It, 32 J.L. & Pol. 293 (2017).
Bristol-Myers Squibb v. Superior Court of California: Another Big Personal Jurisdiction Win for Defendants, Geo. Wash. L. Rev. On the Docket (June 20, 2017), http://www.gwlr.org/bristol-myers-squibb-v-superior-court-of-california/.
Microsoft Corp. v. Baker: Another Supreme Court Defense Win in Class Actions, Geo. Wash. L. Rev. On the Docket (June 15, 2017), http://www.gwlr.org/microsoft-corp-v-baker/.
Cooper v. Harris: Striking Down Racial Gerrymandering in North Carolina, Geo. Wash. L. Rev. On the Docket (May 29, 2017), http://www.gwlr.org/cooper-v-harris/.
George Chocran: Some Wonderful Recollections, 85 Miss. L.J. 1001 (2017).
No Regrets (Almost): After Virginia Board of Pharmacy, 25 Wm. & Mary Bill Rts. J. 949 (2017).
A Conversation with Justice Stephen Breyer, 66 J. Legal Educ. 357 (2017).
Remembering Justice Antonin Scalia, 101 Minn. L. Rev. Headnotes 12 (2016), http://www.minnesotalawreview.org/wp-content/uploads/2016/07/Morrison.pdf.
(With Erik S. Jaffe, et al.) How First Amendment Procedures Protect First Amendment Substance Panel: Millennials, Equity, and the Rule of Law, 65 Cath. U. L. Rev. 185 (2015).
"Can Mandatory Arbitration of Medical Malpractice Claims Be Fair? The Kaiser Permanente System," 70 Dispute Resolution Journal, no. 3, 2015, at 35-79.
"The Administrative Conference of the United States and Its Work on the Freedom of Information Act: A Look Back and a Look Forward," 83 The George Washington Law Review 1540-1554 (2015).
"Lessons for Law Reform Litigators," 18 Green Bag 63-75 (2014).
"The Brandeis Brief and 21st Century Constitutional Litigation," 18 Lewis & Clark Law Review 715-750 (2014).
(With Abrams, Floyd.) "Debate on Citizens United v. Federal Election Commission," (Transcript) 76 Albany Law Review 757-780 (2013).
(With Herman, Susan N., et al.) "Panel Discussion on Recent U.S. Supreme Court Free Speech Decisions & the Implications of These Cases for American Society," 76 Albany Law Review 781-826 (2013).
"Revisiting Judicial Activism: The Right and Wrong Kinds," 7 Advance: The Journal of the ACS Issue Groups 133-150 (2013).
"The Sounds of Silence: The Irrelevance of Congressional Inaction in Separation of Powers Litigation," 81 The George Washington Law Review 1211-1235 (2013).
"A Tribute to Arthur Miller," 90 Oregon Law Review 937-939 (2012).
"The Necessity of Tradeoffs in a Properly Functioning Civil Procedure System," 90 Oregon Law Review 993-1032 (2012).
"Improving the Class Action Settlement Process: Little Things Mean A Lot," 79 The George Washington Law Review 428-447 (2012).
"Free Enterprise Fund v. Public Company Accounting Oversight Board: Muddling the Law while Making New Law," Administrative & Regulatory Law News, at p. 11, 24 (Summer 2010).
"Introduction: Lobbyists--Saints or Sinners?," 19 Stanford Law & Policy Review 1-9 (2008).
"Administrative Agencies Are Just Like Legislatures and Courts--Except When They're Not," 59 Administrative Law Review 79-120 (2007).
"Judges and Politics: What to Do and Not to Do about Some Inevitable Problems," 28 Justice System Journal 283-300 (2007).
"Balancing Access to Government-Controlled Information," 14 Journal of Law & Policy 115-136 (2006).
"What the Shutts Opt-Out Right Is and What It Ought to Be," 74 UMKC Law Review 729-764 (2006).
"Removing Class Actions to Federal Court: A Better Way to Handle the Problem of Overlapping Class Actions," 57 Stanford Law Review 1521-1556 (2005).
"How We Got the Commercial Speech Doctrine: An Originalist's Recollections," 54 Case Western Reserve Law Review 1189-1204 (2004)..
"Lessons from Brown for Today's Public Interest Lawyers," 88 Judicature 60-65 (2004).
"Lessons to Be Learned: The Victim Compensation Fund," 53 DePaul Law Review 821-830 (2003).
"The Judge Has No Robes: Keeping the Electorate in the Dark about What Judges Think about the Issues," 36 Indiana Law Review 719-745 (2003).
"The Rehnquist Choice," 55 Stanford Law Review 1457 -1478 (2003).
"Must the Interests of the Client Always Come First?," 53 Maine Law Review 471-485 (2001).
(With Eisenberg, Howard B.) "Discretionary Appellate Review of Non-Final Orders: It's time to Change the Rules," 1 Journal of Appellate Practice & Process 285-308 (1999).
"The Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals: Details Matter," 15 Journal of Law & Politics 457-470 (1999).
"What if Buckley Were Overturned?," 16 Constitutional Commentary 347-371 (1999()
"Farewell Fond ACUS, We Loved You Well," 30 Arizona State Law Journal 169-172 (1998(.
"The Inadequate Search for 'Adequacy' in Class Actions: A Brief Reply to Professors Kahan and Silberman," 73 New York University Law Review 1179-1192 (1998).
"Representing the Unrepresented in Class Actions Seeking Monetary Relief," 71 New York University Law Review 439-513 (1996).
"The Line-Item Veto," 81 A.B.A. Journal 46 (1995).
"Appointments Clause Problems in the Dispute Resolution Provisions of the United States-Canada Free Trade Agreement," 49 Washington & Lee Law Review 1299-1308 (1992).
"A Non-Power Looks at Separation of Powers," 79 Georgetown Law Journal 281-311 (1990).
(With Glitzenstein, Eric R.) "The Supreme Court's Decision in Morrison v. Olson: A Common Sense Application of the Constitution to a Practical Problem," 38 American University Law Review 359-382 (1989).
"How Independent Are Independent Regulatory Agencies?," 1988 Duke Law Journal 252-256.
"OMB Interference with Agency Rulemaking: The Wrong Way to Write a Regulation," 99 Harvard Law Review 1059-1074 (1986).
"The Administrative Procedure Act: A Living and Responsive Law," 72 Virginia Law Review 253-270 (1986).
"Closing Costs: Soaring Costs and Consumer Confusion," 92 Banking Law Journal 30-36 (1975).
BOOK REVIEWS
Michael Graetz and Linda Greenhouse, the Burger Court and the Rise of the Judicial Right, 66 J. Legal Educ. 653 (2017).
OTHER
Trump’s Ballot Issue Is a Political Question Courts Can’t Answer, Bloomberg L. (Jan. 17, 2024, 4:30 AM), https://news.bloomberglaw.com/us-law-week/trumps-ballot-issue-is-a-political-question-courts-cant-answer.
One of the Most Complex Cases of the Supreme Court Term Could Also Be the Most Devastating, Slate (Nov. 28, 2023, 5:50 AM), https://slate.com/news-and-politics/2023/11/supreme-court-case-sec-jarkesy-stakes.html.
Opinion, More Reasons to Deny Releases to Nondebtors in the Purdue Bankruptcy, Nat’l L.J. (Oct. 12, 2023, 04:26 PM), https://www.law.com/nationallawjournal/2023/10/12/more-reasons-to-deny-releases-to-nondebtors-in-the-purdue-bankruptcy/.
Opinion, Who Favors Making ALJs At-Will Employees?, Regul. Rev. (Oct. 2, 2023), https://www.theregreview.org/2023/10/02/morrison-who-favors-making-aljs-at-will-employees/.
The Calendar May Be Trump’s Ally But DOJ Can Speed Things Up, Bloomberg L. (Oct. 2, 2023, 4:00 AM), https://news.bloomberglaw.com/us-law-week/the-calendar-may-be-trumps-ally-but-doj-can-speed-things-up.
Standing When You Want It, Am. Const. Soc’y.: Expert F. (Sept. 15, 2023), https://www.acslaw.org/expertforum/standing-when-you-want-it/.
(With Steven A. Saltzburg.) Commentary, Speedy Trial Vital in Trump Docs Case: Here’s How to Make It Possible, Nat’l L.J. (June 27, 2023, 8:00 AM), https://www.law.com/nationallawjournal/2023/06/27/speedy-trial-vital-in-trump-docs-case-heres-how-to-make-it-possible/.
Plaintiffs and Precedent Win the Day in Norfolk Southern Case, U.S.L.W. (June 29, 2023, 4:00 AM), https://news.bloomberglaw.com/us-law-week/plaintiffs-and-precedent-win-the-day-in-norfolk-southern-case.
Opinion, Second Circuit Approves Third-Party Bankruptcy Releases, Then Tries (Unsuccessfully) to Limit Them, Nat’l L.J. (June 5, 2023, 11:49 AM), https://www.law.com/nationallawjournal/2023/06/05/second-circuit-approves-third-party-bankruptcy-releases-then-tries-unsuccessfully-to-limit-them/.
Opinion, Law School Rankings: The Good News, the Bad News and the Ultimate Proof That It Is Flawed, Nat’l L.J. (May 18, 2023, 10:10 AM), https://www.law.com/nationallawjournal/2023/05/18/law-school-rankings-the-good-news-the-bad-news-and-the-ultimate-proof-that-it-is-flawed/?slreturn=20230418102716.
Opinion, Merrick Garland Should Treat Donald Trump Like Everyone Else, U.S.L.W. (Feb. 22, 2023, 4:00 AM), https://news.bloomberglaw.com/us-law-week/merrick-garland-should-treat-donald-trump-like-everyone-else.
Opinion, It’s Time to Enact a 3-Judge Court Law for National Injunctions, U.S.L.W. (Feb. 6, 2023, 4:00 AM), https://news.bloomberglaw.com/us-law-week/its-time-to-enact-a-3-judge-court-law-for-national-injunctions.
Opinion, The Real Classified Documents Problem: There are Far Too Many, The Hill (Jan. 31, 2023, 2:00 PM), https://thehill.com/opinion/white-house/3837394-the-real-classified-documents-problem-there-are-far-too-many/.
Opinion, Merrick Garland's Special Counsel Conundrum, The Hill (Jan. 20, 2023, 3:00 PM), https://thehill.com/opinion/judiciary/3821283-merrick-garlands-special-counsel-conundrum/.
Brief of Amicus Curiae Administrative, Constitutional, and Intellectual Property Law Professors Urging Reversal and Supporting Petitioners In 19-1434 & 19-1452, United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021) (Nos. 19-1434, 19-1452 & 19-1458).
Reprinted in: 31 Fed. Cir. B.J. 127 (2022).
Opinion, Law School Rankings: You Can’t Beat Something With Nothing, Nat’l L.J. (Dec. 14, 2022, 9:00AM), https://www.law.com/nationallawjournal/2022/12/14/law-school-rankings-you-cant-beat-something-with-nothing/.
Law Firm Rankings: If Law Schools Are Ranked, Why Not Firms?, Nat’l L.J. (Nov. 21, 2022, 12:52 PM), https://www.law.com/nationallawjournal/2022/11/21/law-firm-rankings-if-law-schools-are-ranked-why-not-firms/.
Opinion, Democrats Should Use 14th Amendment Insurrection Clause to Keep Trump Off the Ballot in 2024, The Hill (July 17, 2022, 6:00 PM), https://thehill.com/opinion/judiciary/3562637-democrats-should-use-14th-amendment-insurrection-clause-to-keep-trump-off-the-ballot-in-2024.
(With Sonia M. Suter.) Opinion, Congress Can’t Codify Roe: Here’s What It Can Do, The Hill (Aug. 8, 2022, 12:30 PM), https://thehill.com/opinion/white-house/3592514-congress-cant-codify-roe-heres-what-it-can-do.
Opinion, If Roe is Gone, Are There Any Limits Left?, Nat’l L.J. (May 16, 2022, 2:51 PM), https://www.law.com/nationallawjournal/2022/05/16/if-roe-is-gone-are-there-any-limits-left/?slreturn=20220515095928.
SCOTUS Justices Should Not Get the Last Word on Impartiality, U.S.L.W. (Apr. 7, 2022, 4:00 AM), https://news.bloomberglaw.com/us-law-week/scotus-justices-should-not-get-the-last-word-on-impartiality.
Commentary, Why Trump’s Appeal in His Civil Lawsuits Puts Pressure on Merrick Garland to Act, Law.com (Mar. 22, 2022, 3:08 PM), https://www.law.com/nationallawjournal/2022/03/22/why-trumps-appeal-in-his-civil-lawsuits-puts-pressure-on-merrick-garland-to-act/?slreturn=20220224161331.
Opinion, Best Path to Jan. 6 Accountability: A Civil Suit Against Trump, The Hill (Jan. 26, 2022, 8:30 AM), https://thehill.com/opinion/judiciary/591390-best-path-to-jan-6-accountability-a-civil-suit-against-trump.
(With Sonia M. Suter.) Opinion, How Congress Can Protect Abortion Rights Without Codifying Roe, Slate, (Jan. 11, 2022, 4:04 PM), https://slate.com/news-and-politics/2022/01/congress-roe-law-abortion-alternative.html.
Businesses Have the Right to Deny Unvaccinated Patrons, Law360 (Aug. 16, 2021, 1:14 PM), https://www-law360-com.gwlaw.idm.oclc.org/articles/1412619/businesses-have-the-right-to-deny-unvaccinated-patrons.
(With Robert L. Glicksman, Dmitry Karshtedt et al.) Who Is an Inferior Office, and Why Does It Matter?, Notice & Comment (Feb. 18, 2021), https://www.yalejreg.com/nc/who-is-an-inferior-office-and-why-does-it-matter-by-alan-b-morrison-robert-l-glicksman-dmitry-karshtedt-mark-a-lemley-joshua-d-sarnoff/.
Opinion, Biden Administration Should Sue Donald Trump to Pay for Capitol Riot Cleanup, USA Today (Feb. 1, 2021, 9:33 AM), https://www.usatoday.com/story/opinion/2021/01/31/post-capitol-riot-cleanup-and-how-pay-column/6700427002/.
Arthrex and Collins: The Roberts Court and Presidential Authority, 2020-2021 Am. Const. Soc'y Sup. Ct. Rev. 141.
INSIGHT: LGBT Supreme Court Ruling and the Limits of Textualism, U.S.L.W. (June 18, 2020, 4:01 AM), https://news.bloomberglaw.com/us-law-week/insight-lgbt-supreme-court-ruling-and-the-limits-of-textualism.
Symposium: Does the President Have the Right to Fire the Director of the CFPB Without Cause?, SCOTUSblog (Feb. 11, 2020, 1:00 PM), https://www.scotusblog.com/2020/02/symposium-does-the-president-have-the-right-to-fire-the-director-of-the-cfpb-without-cause/.
Trump Violation Puts Spotlight on Impoundment Control Act, White Collar & Crim. L. News (Oct. 4, 2019, 4:01 AM), https://news.bloomberglaw.com/white-collar-and-criminal-law/insight-trump-violation-puts-spotlight-on-impoundment-control-act.
Insight: My Taxes Are None of Your Business, Daily Tax Rep. (Aug. 5, 2019, 4:01 AM), https://news.bloombergtax.com/daily-tax-report/insight-my-taxes-are-none-of-your-business.
Opinion, Making Tax Returns of Donald Trump Public Will Set a Dangerous Precedent, The Hill (Apr. 16, 2019, 6:00 PM), https://thehill.com/opinion/judiciary/439128-making-tax-returns-of-donald-trump-public-will-set-dangerous-precedent.
Whitaker vs. Mueller: One Step at a Time, Nat’l L. J. (Nov. 16, 2018, 5:56 PM), https://www.law.com/nationallawjournal/2018/11/16/whitaker-vs-mueller-one-step-at-a-time/.
(With Robert L. Glicksman, Emily Hammond, Richard J. Pierce, Jr., & Jonathan Siegel.) Brief for Administrative Law Scholars as Amicus Curiae Supporting Neither Party, Lucia v. U.S. Sec. & Exch. Comm’n, No. 17-130 (U.S. Feb. 26, 2018).
A Law Firm Ranking Model By ‘Fake News & Distorted Reports’, Law360 (Apr. 12, 2017, 1:00PM), https://www.law360.com/articles/912209/why-not-rank-law-firms-like-law-schools-.
(With Steven L. Schooner.) Trump's Washington Hotel is a Bridge Too Far for Fair Competition: A Wine Bar's Lawsuit Argues the President's Ownership Unfairly Tilts the Playing Field, Nat'l L. J., Mar. 20, 2017, at 23.
Opinion, Why the Supreme Court Should Have Term Limits, Dallas News, (Mar. 7, 2017), http://www.dallasnews.com/opinion/commentary/2017/03/07/supreme-court-term-limits-yes-reduce-politics-appointments.
Can Trump Deliver on His Vows? Not Easily; Constitutional Law Makes Many of the President-Elect’s Promises Unattainable on His Own, Nat’l L. J., Nov. 14, 2016, at 22.
Mr. Trump Should Take Constitutional Law 101, Nat’l L. J., Aug. 1, 2016, at 22.
(With Brandon L. Garrett.) Deferred Prosecution Need Judicial Oversight, Nat’l L. J., May 2, 2016, at 30.
Gun-Violence Victims Should Be Compensated Via Special Tax, Nat’l L. J., Jan. 18, 2016, at 31.
"Is the Trans-Pacific Partnership Unconstitutional?," The Atlantic (June 23, 2015, 6:03AM), http://www.theatlantic.com/politics/archive/2015/06/tpp-isds-constitution/396389/.
"Let's End the US News Law School Madness: A Proposal for a Sensible Alternative," Washington Monthly College Guide (June 9, 2015, 1:43PM), http://washingtonmonthly.com/2015/06/09/lets-end-the-us-news-law-school-madness/.
"What a Different Law Schools Rating System Might Look Like," Washington Monthly College Guide (June 9, 2015, 1:33PM), http://washingtonmonthly.com/2015/06/09/what-a-different-law-school-ratings-system-might-look-like/.