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Newspaper Articles

August 2017

March 2017

Periodical Articles

December 2017

June 2017

May 2017



July 2016

Periodical Articles

August 2016

July 2016

  • Premodern Constitutionalism in 57 WILLIAM AND MARY LAW REVIEW 1825 (2016) (Co-authored by: Matthew Heins).


Periodical Articles

June 2015

  • Fear, Loathing, and the First Amendment: Optimistic Skepticism and the Theory of Free Expression in 76 OHIO STATE LAW JOURNAL 691 (2015).

May 2015

  • The Right of Publicity and the First Amendment in the Modern Age of Commercial Speech in 56 WILLIAM AND MARY LAW REVIEW 1443 (2015).

March 2015

  • One Size Doesn't Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism in 95 BOSTON UNIVERSITY LAW REVIEW 109 (2015) (Co-authored by: Julie M. Karaba).

February 2015

  • Rethinking the Theory of the Class Action: The Risks and Rewards of Capitalistic Socialism in the Litigation Process in 64 EMORY LAW JOURNAL 451 (2014).


Periodical Articles

November 2014

  • The Real Constitutional Problem with State Judicial Selection: Due Process, Judicial Retention, and the Dangers of Popular Constitutionalism in 56 WILLIAM & MARY LAW REVIEW 1 (2014) (Co-authored by: Jennifer Aronoff).

July 2014

  • Litigating Article III Standing: A Proposed Solution to the Serious (but Unrecognized) Separation of Powers Problem in 162 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1373-1417 (2014) (Co-authored by: Sopan Joshi).

May 2014

  • Avoiding Death By a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action in 99 IOWA LAW REVIEW 1659-1690 (2014) (Co-authored by: Megan B. Kiernan).


February 2014


Books and other Monographs

June 2013

  • The Adversary First Amendment: Free Expression and the Foundations of American Democracy (Stanford Law Books 2013).
  • Civil Procedure: A modern Approach, 6th edition (West 2013) (Co-authored by: James E. Pfander, Richard L. Marcus, and Edward F. Sherman).

Contributions to Books etc.

June 2013

  • The Allocation of Discovery Costs and the Foundations of Modern Procedure in The American Illness: Essays on the Rule of Law, edited by F.H. Buckley (Yale University Press 2013) at Pages 201-210.


September 2013

August 2013


Periodical Articles

December 2012

  • Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative in 64 FLORIDA LAW REVIEW 1485-1537 (2012) (Co-authored by: Matthew B. Arnould).

July 2012

  • Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure in 64 FLORIDA LAW REVIEW 845 (2012).

June 2012

  • “Worse Than the Disease”: The Anti-Corruption Principle, Free Expression, and the Democratic Process in 20 WILLIAM & MARY BILL OF RIGHTS JOURNAL 1053-1084 (2012) (Co-authored by: Elana Nightingale Dawson).


December 2012


Books and other Monographs

November 2011

  • Federal Courts: Cases, Comments and Questions, 7th edition (West 2012) (Co-authored by: James E. Pfander, and Suzanna Sherry).

Periodical Articles

July 2011

  • Off-Label Prescription Advertising, the FDA and the First Amendment: A Study in the Values of Commercial Speech Protection in 37 AMERICAN JOURNAL OF LAW & MEDICINE 315-357 (2011) (Co-authored by: Coleen Klasmeier).


Periodical Articles

October 2010

  • Habeas Corpus, Due Process and the Suspension Clause: A Study in the Foundations of American Constitutionalism in 96 VIRGINIA LAW REVIEW 1361-1416 (2010) (Co-authored by: Colleen McNamara ).

May 2010

  • Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis in 62 FLORIDA LAW REVIEW 617-666 (2010) (Co-authored by: Peter Julian, and Samantha Zyontz).


Books and other Monographs

May 2009

  • Civil Procedure: A Modern Approach, 5th edition (West 2009) (Co-authored by: James E. Pfander, Richard L. Marcus, and Edward F. Sherman ).

April 2009

  • Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit (Stanford University Press 2009).

Periodical Articles

September 2009

  • Taylor v. Sturgell, Procedural Due Process, and the Day-in-Court Ideal: Resolving the Virtual Representation Dilemma in 84 DAME LAW REVIEW 1877-1918 (2009) (Co-authored by: William J. Katt ).

August 2009

  • Understanding Post’s and Meiklejohn’s Mistakes: The Central Role of Adversary Democracy in the Theory of Free Expression in 103 NORTHWESTERN UNIVERSITY LAW REVIEW 1303-1370 (2009) (Co-authored by: Abby Marie Mollen ).


Periodical Articles

June 2008

  • Commercial Speech, First Amendment Intuitionism and the Twilight Zone of Viewpoint Discrimination in 41 LOYOLA LOS ANGELES LAW REVIEW 67 (2007).

May 2008

  • The Class Action as Political Theory in 85 WASHINGTON UNIVERSITY LAW REVIEW 753-813 (2007) (Co-authored by: Clifford W. Berlow).
  • The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation in 93 MINNESOTA LAW REVIEW (Co-authored by: Dennis Murashko).

January 2008

  • Class Actions, Litigant Autonomy, and the Foundations of Procedural Due Process in 95 CALIFORNIA LAW REVIEW 1573-1618 (2007) (Co-authored by: Nathan D. Larsen ).


Periodical Articles

July 2007

  • Corporations and Political Speech: Should Speech Equal Money? in 30 SEATTLE UNIVERSITY LAW REVIEW 931-958 (2007) (Co-authored by: David Skover, Lisa Danetz, and Scott Thomas ).
  • Bankruptcy, Sovereign Immunity and the Dilemma of Principled Decision Making: The Curious Case of Central Virginia Community College v. Katz in 15 AMERICAN BANKRUPTCY INSTITUTE LAW REVIEW 13-57 (2007) (Co-authored by: Daniel M. Greenfield).


Books and other Monographs

October 2006

  • Summary Judgment: Federal Law and Practice, 3rd edition (Thomson West 2006) (Co-authored by: Edward Brunet).

Periodical Articles

October 2006

  • Good Behavior, Judicial Independence, and the Foundations of American Constitutionalism in 116 YALE LAW JOURNAL 139 (2006).

May 2006

  • The Supreme Court, the Rules Enabling Act, and the Politicization of the Federal Rules: Constitutional and Statutory Implications in 90 MINNESOTA LAW REVIEW 1303-1336 (2006) (Co-authored by: Uma M. Amuluru).

April 2006

  • Settlement Class Actions, the Case-or-Controversy Requirement, and the Nature of the Adjudicatory Process in 73 UNIVERSITY OF CHICAGO LAW REVIEW (2006) (Co-authored by: Andrianna Kastanek).

January 2006

  • Legislative Deception, Separation of Powers, and the Democratic Process: Harnessing the Political Theory of United States v. Klein in 100 NORTHWESTERN UNIVERSITY LAW REVIEW 437-464 (2006) (Co-authored by: Christopher R. Pudelski).


Books and other Monographs

December 2005

  • Civil Procedure: A Modern Approach, 4th ed. (Thomson West 2005) (Co-authored by: Richard L. Marcus, and Edward F. Sherman).

September 2005

  • The Logic of Persecution: Free Expression and the McCarthy Era (Stanford University Press 2005).

Periodical Articles

July 2005

  • Same-Sex Marriage, the Constitution, and Congressional Power to Control Federal Jurisdiction: Be Careful What You Wish For in 9 LEWIS & CLARK LAW REVIEW 363-380 (2005).

May 2005

  • Summary Judgment and the Vanishing Trial: Implications of the Litigation Matrix in 57 STANFORD LAW REVIEW 1329-1359 (2005).

April 2005

  • Class Actions and the Democratic Difficulty: Rethinking the Intersection of Private Litigation and Public Goals in 2003 UNIVERSITY OF CHICAGO LEGAL FORUM 71-139.

March 2005

  • Unlawful Advocacy and Free Speech Theory: Rethinking the Lessons of the McCarthy Era in 73 UNIVERSITY OF CINCINNATI LAW REVIEW 9-94 (2004).


Periodical Articles

April 2004

  • Why Punitive Damages are Unconstitutional in 53 EMORY LAW JOURNAL 1-53 (2004) (Co-authored by: Andrew L. Mathews).


Books and other Monographs

October 2003

  • Federal Courts: Cases, Comments and Questions, 5th ed. (West Group 2002).


Books and other Monographs

June 2002

  • Constitutional Law: Principles and Policy, 6th edition (LexisNexis 2002) (Co-authored by: Jerome A. Barron, C. Thomas Dienes, and Wayne McCormack).

Periodical Articles

November 2002

  • What Did You Learn in School Today? Free Speech, Values Inculcation, and the Democratic-Educational Paradox in 88 CORNELL LAW REVIEW 62-118 (2002) (Co-authored by: Kevin Finnerty).

April 2002

  • The Adversary System, Democratic Theory, and the Constitutional Role of Self-Interest: The Tobacco Wars, 1953-1971 in 51 DEPAUL LAW REVIEW 359-406 (2001).

February 2002

  • Electronic Discovery and the Litigation Matrix in 51 DUKE LAW JOURNAL 561-628 (2001).


Books and other Monographs

June 2001

  • Money Talks: Speech, Economic Power, and the Values of Democracy (New York University Press 2001) .

Periodical Articles

July 2001

  • Martin H. Redish, Christopher R. McFadden are the co-authors for HUAC, the Hollywood Ten, and the First Amendment Right of Non-Association in 85 MINNESOTA LAW REVIEW 1669-1728 (2001) (Co-authored by: Christopher R. McFadden) .

June 2001

  • Free Speech and the Flawed Postulates of Campaign Finance Reform in 3 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 783-818 (2001) .


Books and other Monographs

September 2000

  • Summary Judgment: Federal Law and Practice, 2nd ed. (West Group 2000) (Co-authored by: Edward Brunet, and Michael A. Reiter).

Periodical Articles

May 2000

  • Intersystemic Redundancy and Federal Court Power: Proposing a Zero Tolerance Solution to the Duplicative Litigation Problem in 75 NOTRE DAME LAW REVIEW 1347-1376 (2000) .


Books and other Monographs

December 1999

  • Federal Courts: Cases Comments, and Questions, 4th ed. (West Group 1998) (Co-authored by: Suzanna Sherry).

November 1999

  • Understanding Federal Courts and Jurisdiction (Matthew Bender 1998) (Co-authored by: Linda Mullenix and Georgene Vairo).

Periodical Articles

November 1999

  • The Right of Expressive Access in First Amendment Theory: Redistributive Values and Democratic Dilemma in 93 NORTHWESTERN UNIVERSITY LAW REVIEW 1083-1134 (1999) (Co-authored by: Kirk J. Kaludis).

January 1999

  • What's Good for General Motors: Corporate Speech and the Theory of Free Expression in 66 GEORGE WASHINGTON LAW REVIEW 235-297 (1998) (Co-authored by: Howard M. Wasserman).


Books and other Monographs

December 1995

  • The Constitution as Political Structure (Oxford University Press 1995).