Bank of the United States v. Deveaux and the Birth of Constitutional Rights for Corporations, Journal of Supreme Court History (forthcoming 2019).
Is the Second Amendment Becoming Irrelevant?, 93 Indiana Law Journal 253 (2018).
Citizens United, Personhood, and the Corporation in Politics, in Corporations and American Democracy
(edited by Naomi Lamoreaux and William Novak, Harvard Univ. Press, 2017). Amazon
The Scope of Regulatory Authority Under the Second Amendment (with Lawrence Rosenthal), in Reducing Gun Violence in America (edited by Daniel Webster & Jon Vernick, Johns Hopkins Univ. Press, 2013).
Book Review, Law Enforcement's Flagrant Conduct, 48 Tulsa Law Review 275 (2012). Review of Flagrant Conduct: The Story of Lawrence v. Texas, by Dale Carpenter.
Free Speech Federalism, 108 Michigan Law Review
153-188 (2009). Full Text
Heller's Catch-22, 56 UCLA Law Review
1551 (2009). Full Text
Book Review, Running on the Constitution, 8 Election Law Journal
151 (2009). Full Text
Book Review, 26 Law & History Review 441 (2008). Reviewing A Well-Regulated Militia, by Saul Cornell.
The Federal Government as a Constitutional Niche in Affirmative Action Cases, 54 UCLA Law Review
1931-61 (2007). Full Text
Corporate Personhood and the Rights of Corporate Speech, 30 Seattle University Law Review
863-73 (2007). Full Text
Scrutinizing the Second Amendment, 105 Michigan Law Review
683-733 (2007). Full Text
Fundamentally Wrong About Fundamental Rights, 23 Constitutional Commentary
277 (2006). Full Text
Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts, 59 Vanderbilt Law Review
793-871 (2006). Full Text
The Reasonable Right to Bear Arms, 17 Stanford Law & Policy Review
597-613 (2006). Full Text
Corporate Law or the Law of Business? Stakeholders and Corporate Governance at the End of History, 67 Journal of Law and Contemporary Problems
109-33 (2004). Full Text
"Other People’s Money:" Corporations, Agency Costs, and Campaign Finance Law, 92 Georgetown Law Journal
871-940 (2004). Full Text
McConnell v. F.E.C., Corporate Political Speech, and the Legacy of the Segregated Fund Cases, 3 Election Law Journal
361-69 (2004). Full Text
A Revolution too Soon: Woman Suffragists & the Living Constitution, 76 NYU Law Review
1456-1526 (2001). Full Text
Voters’ Rights and Parties’ Wrongs: Early Political Party Regulation in the State Courts, 1886-1915, 100 Columbia Law Review
873 (2000). Full Text
The Corporation in Election Law, 32 Loyola Law Review
1243-72 (1999). Full Text
Just Sanctions, 21 Human Rights Quarterly
133 (1999). Full Text
Beyond Bellotti, 32 Loyola Law Review
133-220 (1998). Full Text
Book Review, 21 Ethnic & Racial Studies 1191 (1998). Reviewing Race, Law, and Culture: Reflections on Brown v. Board of Education, edited by Austin Sarat.
The Independence of Judges (with James B. Zagel), 46 Mercer Law Review
795-834 (1995). Full Text
Sounds of Silence: The Supreme Court and Affirmative Action, 28 Loyola Law Review
923-69 (1995). Full Text
Postmodernism and Dworkin: The View from Half-Court (with Joshua Davis), 17 Nova Law Review 799 (1993).
Expressive Voting, 68 NYU Law Review 330-88 (1993).