BOOKS
Legislation and Regulation: A Contemporary Approach (West Academic Publishing, 2d ed. 2023).
First edition published in 2021.
(With Gregory E. Maggs.) Constitutional Law: Undergraduate Edition (West Academic Publishing, vol. 1 & 2, 3d ed. 2023).
First edition published in 2019.
Second edition published in 2021.
(With Gregory E. Maggs.) Constitutional Law: A Contemporary Approach (West Academic Publishing, 6th ed. 2023).
First edition published in 2009.
Second edition published in 2011.
Third edition published in 2015.
Fourth edition published in 2018.
Fifth edition published in 2021.
(With Gregory E. Maggs & Lisa Schenck.) Constitutional Law and Military Justice (2d ed., West Publishing, 2022-23).
First edition published in 2021.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
(With Robert W. Tuttle.) Gordon College and the Future of the Ministerial Exception, 47 J. Coll. & U.L. 1 (2022).
(With Robert W. Tuttle.) Civil Procedure and the Ministerial Exception, 86 Fordham L. Rev. 1847 (2018).
(With Robert W. Tuttle.) God and State Preambles, 100 Marq. L. Rev. 757 (2017).
Originalism and Level of Generality, 51 Ga. L. Rev. 485 (2017).
(With Colby, Thomas B.) "The Return of Lochner," 100 Cornell Law Review 527-602 (2015).
(With Tuttle, Robert W.) "Bible Literalism and Constitutional Originalism," 86 Notre Dame Law Review 693-763 (2011).
"Federalism, Lochner, and the Individual Mandate," 91 Boston University Law Review 1723-1747 (2011).
"How Different Are Orginalism and Non-Originalism?," 62 Hastings Law Journal 707-736 (2011).
(With Colby, Thomas B.) "Living Originalism," 59 Duke Law Journal 239-307 (2009).
"Textualism and Jurisdiction," 108 Columbia Law Review 1883-1948 (2008).
"New Legal Fictions." 95 Georgetown Law Journal 1435-1495 (2007).
"Federalism, Instrumentalism, and the Legacy of the Rehnquist Court." 74 The George Washington Law Review 906-955 (2006).
"The Marshall Court and the Originalist's Dilemma." 90 Minnesota Law Review 612 (2006).
"Sources of Federalism: An Empirical Analysis of the Court's Quest for Original Meaning." 52 UCLA Law Review 217-287 (2004).
"States as Nations: Dignity in Cross-Doctrinal Perspective." 89 Virginia Law Review 1-107 (2003).
"Pennhurst, Chevron, and the Spending Power." 110 Yale Law Journal 1187 (2001).
"Commas, Constitutional Grammar, and the Straight-Face Test: What if Conan the Grammarian were a Strict Textualist?" 16 Constitutional Commentary 7 (1999).
"The Anticommandeering Principle and Congress's Power to Direct State Judicial Action: Congress's Power to Compel State Courts to Answer Certified Questions of State Law." 31 Connecticut Law Review 649-710 (1999).
OTHER
DVD: Law School for Everyone: Legislation and Regulation (The Great Courses, 2019).
(With Ira C. Lupu & Robert W. Tuttle.) The Imperatives of Structure: The Travel Ban, the Establishment Clause, and Standing to Sue, Take Care (Apr. 3, 2017), https://takecareblog.com/blog/the-imperatives-of-structure-the-travel-ban-the-establishment-clause-and-standing-to-sue.
(With Robert Tuttle.) Revising The Executive Order Might Not Save It, Huffington Post (Feb. 13, 2017, 5:28 PM).
"Understanding Kelo: Why Justice Souter Should be Praised." Manchester Union Leader, p. A9 (Aug. 3, 2005).