Search Faculty Publications

STEVEN LUBET

2019

Periodical Articles

January 2019

2018

Newspaper Articles

October 2018

February 2018

January 2018

Other

July 2018

June 2018

May 2018

April 2018

February 2018

Periodical Articles

November 2018

October 2018

September 2018

August 2018

June 2018

May 2018

April 2018

March 2018

February 2018

January 2018

2017

Books and other Monographs

March 2017

Newspaper Articles

December 2017

October 2017

August 2017

July 2017

Other

August 2017

April 2017

February 2017

Periodical Articles

September 2017

August 2017

June 2017

March 2017

2016

Books and other Monographs

November 2016

  • Cranbrooke V. Intellex: INTERNATIONAL ARBITRATION VERSION, 3rd ed. (National Institute for Trial Advocacy 2016) (Co-authored by: Robert P. Burns, John T. Baker, Terre Rushton, and Jim H. Seckinger).

Newspaper Articles

August 2016

May 2016

April 2016

  • Here’s Betting That a Computer Can’t Play Poker, Chicago Tribune (April 7, 2016).

February 2016

Periodical Articles

July 2016

  • Langston Hughes’s Shawl: Our Objects Tell Amazing Stories, Not All of Them True, 37 Humanities No. 3 (Summer 2016) (Co-authored by: Rachel Maines).

June 2016

2015

Books and other Monographs

September 2015

  • The “colored Hero” Of Harper’s Ferry: John Anthony Copeland And The War Against Slavery (Cambridge University Press 2015).

August 2015

  • Modern Trial Advocacy, 5th ed. (2015) (Co-authored by: J.C. Lore).

Newspaper Articles

July 2015

  • Ethnography on Trial, The New Republic (July 15, 2015).

June 2015

May 2015

  • Did This Acclaimed Sociologist Drive the Getaway Car in a Murder Plot?, The New Republic (May 27, 2015).
  • Pamela Geller Is Not ‘Morally Responsible’ for the Terrorist Attack in Texas, The New Republic (May 7, 2015).
  • Ethics on the Run, The New Rambler (May 26, 2015).

Periodical Articles

September 2015

June 2015

May 2015

  • CRANBROOKE V. INTELLEX: CASE FILE (2015) (Co-authored by: Robert P. Burns, John T. Baker, Terre Rushton, & James H. Seckinger).

April 2015

  • Let Us Pour Some Cold Water on That California Sunshine, Chicago Tribune (Apr. 6, 2015).

2014

Newspaper Articles

December 2014

August 2014

Periodical Articles

May 2014

  • Stupid Juror Questions?, 37 American Journal of Trial Advocacy 315-337 (2013) (Co-authored by: Kevin Chang).

February 2014

  • Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius, 47 Valparaiso University Law Review 883-905 (2013) (Co-authored by: Clare Diegel).

2013

Books and other Monographs

June 2013

  • Judicial Conduct And Ethics, 5th edition (LexisNexis 2013) (Co-authored by: Jeffrey M. Shaman, and James J. Alfini).

Periodical Articles

August 2013

June 2013

  • Execution in Virginia, 1859: The Trials of Green and Copeland, 91 North Carolina Law Review 1785-1815 (2013).

February 2013

  • Clarence Darrow, Neuroscientist: What Trial Lawyers Can Learn From Decision Science, 36 American Journal of Trial Advocacy 61 (2012) (Co-authored by: Sara Whitaker).

SSRN

October 2013

2012

Books and other Monographs

November 2012

  • John Brown’s Spy: The Adventurous Life And Tragic Confession Of John E. Cook (Yale University Press 2012).

Periodical Articles

October 2012

  • Escape from Harper’s Ferry, North & South (October 2012).

July 2012

  • The Oberlin Fugitive Slave Rescue: A Victory for the Higher Law, North & South (April 2011).
  • Review of Abraham Lincoln, Esq.: The Legal Career of American's Greatest President, 78 Journal of Southern History 172 (February 2012).

SSRN

September 2012

May 2012

2011

Newspaper Articles

March 2011

  • Haley Barbour, Slavery and the Citizenship Test, Salon (March 29, 2011).

SSRN

February 2011

2010

Books and other Monographs

October 2010

  • Fugitive Justice: Runaways, Rescuers, And Slavery On Trial (Belknap Press of Harvard University Press 2010).

August 2010

  • Problems And Materials In Evidence And Trial Advocacy, 5th edition (NITA/LexisNexis 2010) (Co-authored by: Robert Burns ).
  • Evidence In Context, 4th edition (NITA/LexisNexis 2010) (Co-authored by: Robert Burns ).

May 2010

  • Modern Trial Advocacy: Analysis And Practice (NITA 2010).

Newspaper Articles

October 2010

  • Let the Justices Be the Judge, Chicago Tribune (October 27, 2010).

Periodical Articles

June 2010

  • Why the Dreyfus Affair Does and Doesn’t Matter , 13 Green Bag 2d 329-342 (2010).

2009

Books and other Monographs

November 2009

  • Cranbrooke V. Intellex, 2nd edition (National Institute for Trial Advocacy 2009) (Co-authored by: Robert Burns et al. ).

July 2009

  • Expert Testimony: A Guide For Expert Witnesses And The Lawyers Who Examine Them, 2nd edition (National Institute for Trial Advocacy 2009) (Co-authored by: Elizabeth I. Boals ).

May 2009

  • Cranbrooke V. Intellex: Problems And Case File, 2nd edition (National Institute for Trial Advocacy 2009) (Co-authored by: Robert Burns).

Newspaper Articles

October 2009

2008

Books and other Monographs

May 2008

  • The Importance Of Being Honest: How Lying, Secrecy, And Hypocrisy Collide With Truth In Law (NYU Press 2008).

Newspaper Articles

October 2008

  • Sitting Across the Table from an Archenemy, Chicago Tribune (September 30, 2008).

March 2008

  • On Israel, Obama Has Taken a Stand, Chicago Tribune (March 5, 2008).

Periodical Articles

July 2008

  • Judicial Campaign Speech and the Third Law of Motion, 22 Notre Dame Journal of Law, Ethics & Public Policy 425-434 (2008).

2007

Newspaper Articles

November 2007

  • Cutting Choices , American Lawyer (November 1, 2007).

September 2007

  • The Disreputer , American Lawyer (September 1, 2007).

July 2007

  • Shut Up! No, You Shut Up!, Legal Times (June 18, 2007).
  • Ant-size Loopholes Can Produce Big Problems, Chicago Tribune (June 11, 2007).
  • Civility Deposed, San Francisco Recorder (June 22, 2007).
  • Welcome to Obidas!, New York Times (July 23, 2007).
  • We Loved Obidas (Or Was It Omylas?), International Herald Tribune (July 23, 2007).
  • Bare Facts, American Lawyer (July 2007).
  • Law Students Gone Wild, Legal Times (July 16, 2007).

May 2007

  • Above It All , American Lawyer (May 2007).

April 2007

  • Do We Need to See Her Face? , Legal Times (April 2, 2007).

March 2007

  • Flag Protesters Missing a Point , Chicago Tribune (March 23, 2007).
  • Veiled Truth , American Lawyer (March 2007).
  • When Does a Muslim Veil Become a Poker Face?, Chicago Sun-times (March 11, 2007).

February 2007

  • I Made the Government Admit It Was Wrong , Salon (February 21, 2007).

January 2007

  • The Citizenship Test: New, Improved and Wrong , Salon (January 3, 2007 ).
  • Stewart’s Sanctimony: Despite Her Proclamations From the Courthouse Steps, Lynne Stewart is No Martyr , American Lawyer (January 2007).

2006

Books and other Monographs

May 2006

  • Lawyers' Poker: 52 Lessons That Lawyers Can Learn From Card Players (Oxford University Press 2006).

April 2006

  • Modern Trial Advocacy (People’s Republic of China Edition).

Newspaper Articles

November 2006

  • We Can’t Vote on Science , Legal Times (November 27, 2006).
  • People for Pluto , American Lawyer (November 1, 2006).

September 2006

  • Why Judges Acquit , The American Lawyer (September 2006).

August 2006

op-ed piece

  • Use Pluto’s Dwarf Status to Think Big, Newsday (August 28, 2006) (Co-authored by: Jeffrey Mallow).
  • Wrong Lessons, Philadelphia Inquirer (August 28, 2006) (Co-authored by: Jeffrey Mallow).
  • Kids Lobbying for Pluto Sends Wrong Message on Science, Chicago Sun Times (August 27, 2006) (Co-authored by: Jeffrey Mallow).
  • Pitting Secular Law and 'Higher Law' Woman Misuses Sanctuary Tradition, Chicago Tribune (August 22, 2006) (Co-authored by: Jeffrey Mallow).

July 2006

  • Our Sacrifice to Themis, Legal Times (July 17, 2006).

May 2006

  • Practicing Law is a Lot Like Playing Cards: Both Require Tactical Decision Making in the Face of Uncertainty, American Lawyer (May 2006).

April 2006

  • McKinney v. Capitol Police: Who'll Blink First?, Chicago Tribune (April 5, 2006).
  • Rep. McKinney Uses Poker Strategy as Defense, Memphis Commercial Appeal (April 5, 2006).

March 2006

  • Cougar Spotting, American Lawyer (March 2006).

February 2006

  • On Alito: Oh, Those Woebegone Democrats, Chicago Tribune (February 1, 2006).
  • The Alito Confirmation; How Democrats Lost the Political Battle, San Diego Tribune (February 1, 2006).

January 2006

  • Making the Calls: Neutrality Counts for Both Umps and Supreme Court Justices-but It Doesn't Hurt that They Know Their Decisions are Final, American Lawyer (January 2006).

Periodical Articles

December 2006

  • In Facetiis Verititas: How Improvisational Comedy Can Help Trial Lawyers Get Some Chops , 7 Texas Review of Entertainment & Sports Law 1-13 (2006) (Co-authored by: Thomas Hankinson ).

November 2006

  • The Inciting Incident , Litigation (Fall 2006).

August 2006

  • The Triage Trilemma , 34 Hofstra Law Review 673-687 (2006).

May 2006

  • Tilt, 58 Maine Law Review 129-133 (2006).
  • Lesson 7: Overplaying, 9 Green Bag 243-245 (2006).

March 2006

  • A Series of Reviews of Eat What You Kill by Milton C. Regan, Jr. - False Flats, 19 Georgetown Journal of Legal Ethics 275-280 (2006).

January 2006

  • Trial Theory and Blind Poetics, 100 Northwestern University Law Review 295-302 (2006).

2005

Newspaper Articles

November 2005

  • A Man of Integrity, Chicago Tribune (November 18, 2005) (Co-authored by: David McGowan).
  • Judicial Temperament, Baltimore Sun (November 28, 2005) (Co-authored by: David McGowan).
  • A Chicago Story, American Lawyer (November 2005).
  • They Lived Happily Ever After, Legal Times (November 14, 2005).

September 2005

  • Godly vs. Secular, American Lawyer (September 2005).
  • Roberts' Bad Decision, Los Angeles Times (September 13, 2005) (Co-authored by: Stephen Gillers and David Luban).

July 2005

op-ed piece

  • Reinventing the Slippery Slope-For Karl, Chicago Tribune (July 28, 2005) .
  • Independent, Yes; Moderate, Not Really, Chicago Tribune (July 3, 2005) .

May 2005

  • Faith, Hope, and Lawyering: An Appreciation of Murdered Attorney Mike Lefko, Whose Life Proved that Liberalism and Devotion Can Peacefully Coexist, American Lawyer (May, 2005).

April 2005

  • Cops on Trial: Why Murder Cases Fail, National Law Journal (April 25, 2005).

op-ed piece

  • Misplaying the Filibuster, Boston Globe (April 26, 2005) .
  • Democrats Misplay Cards in High Stakes Filibuster Fight, Baltimore Sun (April 29, 2005) .
  • The Politics of Blinking First, Chicago Tribune (April 24, 2005) .
  • The Nuclear Option: With a Hand Like This, Dems Need to Lower the Stakes, San Francisco Chronicle (April 26, 2005) .

March 2005

  • Artificial Intelligence: Law School Tests and Bar Exams Reward Skills that are Largely Disconnected from Everyday Lawyering, American Lawyer (March 2005).

February 2005

  • Why Dems Should Fight Hard for the Arnold Amendment, Chicago Tribune (February 23, 2005).
  • Three Reasons to Join the 'Arnold Amendment' Bandwagon, Philadelphia Inquirer (February 25, 2005).

January 2005

  • A Liberal Case for Chief Justice Scalia, Newsday (January 3, 2005).
  • Hasta la Vista, Electors, American Lawyer (January 2005).

Periodical Articles

December 2005

  • Sidebar: The Game Is Lawyer’s Poker, 32 Litigation 59 (Fall 2005).

October 2005

  • Celebrity Trials, American Heritage (October 2005).

August 2005

  • Improper Advances: Talking Dream Jobs With the Judge Out of Court, Slate (August 17, 2005) (Co-authored by: Stephen Gillers, and David Luban).

March 2005

  • Wyatt Earp on Trial: How Cross Examination Really Won the West, 31 Litigation 51-54 (2005).
  • The Importance of Being Honest, 8 Green Bag 2d 163-171 (2005).

2004

Books and other Monographs

July 2004

  • Problems And Materials In Evidence And Trial Advocacy, 4th edition (NITA 2004) (Co-authored by: Robert Burns).

June 2004

  • Evidence In Context: A Trial Evidence Workbook, 3rd edition (NITA 2004) (Co-authored by: Robert Burns, and James Seckinger).
  • Evidence In Context: Teacher's Manual, 3rd edition (NITA 2004) (Co-authored by: Robert Burns, and James Seckinger).

May 2004

  • Modern Trial Advocacy, 3rd edition (National Institute for Trial Advocacy 2004).

April 2004

  • Arbitration Advocacy, 2nd edition (NITA 2004) (Co-authored by: John W. Cooley).

January 2004

  • Murder In Tombstone: The Forgotten Trial Of Wyatt Earp (Yale University Press 2004).

Newspaper Articles

December 2004

op-ed piece

  • No Sinister Liberal Scheme on Campus, Baltimore Sun (December 29, 2004) .
  • Conservatives Complain About Campus Shut-Outs, Detroit Free Press (December 21, 2004) .
  • Campus Diversity: No Conspiracies Behind Faculties' Lean to the Left, Atlanta Journal Constitution (December 7, 2004) .
  • Why Republicans Shun Ivory Towers, San Francisco Chronicle (December 2, 2004) .
  • Nothing Sinister About Liberal Campuses, Minneapolis Star Tribune (December 1, 2004) .
  • Does It Take Liberal Thoughts In Order to Teach at University Level, Chicago Tribune (November 30, 2004) .

November 2004

  • The Clinton Miscalculus: If the President Had Trusted His Lawyer, History Itself Might Be Different, American Lawyer (November 1, 2004).

September 2004

  • Marshal Law, The American Lawyer (October 1, 2004).

August 2004

op-ed piece

  • Dispiriting the Law, American Lawyer (August 2004) .
  • The Money We Don't Earn, Legal Times (August 2, 2004) .
  • Railroaded, San Francisco Recorder (August 6, 2004) .
  • Exorbitant Fees, for Precious Little Work, Give Justice a Bad Name, Chicago Tribune (August 8, 2004) .

July 2004

op-ed piece

  • Lack of Regard Shown for Israel's Security Concerns, Chicago Tribune (July 13, 2004) .
  • Judgment on the Wall: Court Ignores Israel's Security, San Francisco Chronicle (July 14, 2004) .
  • In Ruling on Barrier, the U.N. International Court Ignores the Basic Need of Security, Detroit Free Press (July 13, 2004) .

June 2004

op-ed piece

  • When Judges Investigate Judges, Chicago Tribune (June 3, 2004) .
  • An Examination of Judicial Conduct, San Diego Tribune (June 8, 2004) .
  • Oyez, O Muse, American Lawyer (June 1, 2004) .
  • Martha Stewart's Makeover, San Francisco Recorder (June 4, 2004) .

April 2004

  • Virtue Is Its Own Reward, American Lawyer (April 2004).

March 2004

  • In One Key Area (the Chief) Justice is Indeed Blind, Los Angeles Times (March 19, 2004) (Co-authored by: Erwin Chemerinsky) .

February 2004

  • Flagging Responses: In Which the Writer Replies to His Readers about Patriotism, Liberalism, and Pragmatism, American Lawyer (February 2004).
  • Justice Compromised, Baltimore Sun (February 2, 2004) .
  • Perspectives on Same Sex Marriage: An Amendment that Would Freeze the Will of the People, San Francisco Chronicle (February 10, 2004) (Co-authored by: Andrew Koppelman) .

January 2004

op-ed piece

  • When the Vacation Gets Tricky: Should Scalia and Cheney Have Gone Duck Hunting Together?, Chicago Tribune (January 27, 2004) .

Periodical Articles

October 2004

  • Lawyers' Poker, 53 Defense Law Journal 533-562 (2004).

July 2004

  • Flagging Responses, The American Legion Magazine (July 2004).

June 2004

  • Toward Purposeful Dissent: Liberal Professor Believes Flag Amendment Hurts No One, The American Legion Magazine (June 2004).

January 2004

  • Division of Authority Between Attorney and Client: The Case of the Benevolent Otolaryngologist, 2003 University of Illinois Law Review 1275-1297 (Co-authored by: Robert P. Burns).

2003

Books and other Monographs

January 2003

  • Modern Trial Advocacy: Analysis And Practice has been published in Chinese (Business Weekly Publications) .

Newspaper Articles

October 2003

  • Picking Your Fights; The Liberal Case for Not Resisting the Ban on Flag Desecration, American Lawyer (October 2003).

September 2003

op-ed piece

  • Beware of Politicians in Black Robes, Fulton County Daily Report (September 9, 2003) .

August 2003

op-ed piece

  • Effort to Save Alabama Judge from Himself Hurts Cause Even More, Detroit Free Press (August 27, 2003) .
  • Confusing Matters in the Ten Commandments Case, San Diego Union Tribune (August 27, 2003) .
  • Judges Shouldn't Be Engaging in Civil Disobedience, Dallas Morning News (August 27, 2003) .
  • Judge Has Provoked Legal Tussle, Newsday (August 22, 2003) .
  • Thou Shall Not Be Meddlesome, Philadelphia Inquirer (August 19, 2003) .
  • Judge's Defiance of Federal Court a Blow to the Rule of Law, Chicago Sun-times (August 13, 2003) .
  • It's Not a Bad Script, It's a Recall Election in California, Chicago Tribune (August 8, 2003) .
  • Who's the Real Winner? Elections for Judges May Be Here to Stay, But Crass Campaign Promises Must Stop, Legal Times (August 11, 2003) .
  • Pledges and Promises in Judicial Campaigns, Texas Lawyer (August 18, 2003) .

July 2003

  • Black Robe Politics, The American Lawyer (July 2003).

June 2003

op-ed piece

  • Affirmative Action Battle Has Just Begun, Baltimore Sun (June 25, 2003) .
  • Michigan Ruling No Decisive Victory for Affirmative Action, Chicago Sun-times (June 25, 2003) .
  • Affirmative Action Wins-Sort Of, Newsday (June 24, 2003) .
  • Close Calls Ahead for Affirmative Action, Raleigh News & Observer (June 25, 2003) .

May 2003

op-ed piece

  • My Lawyer Made Me Do It, American Lawyer (May 1, 2003) .
  • When the Church Takes Advantage, Chicago Tribune (May 27, 2003) .

April 2003

editorial

  • Why Our Federal Judges Deserve a Decent Pay Increase, Chicago Sun-times, 45 (April 21, 2003) .

March 2003

  • Judging Pay, American Lawyer, 114 (March 2003).

January 2003

op-ed piece

  • Medical Malpractice at a Discount, Chicago Tribune, 19 (January 22, 2003) .
  • Bush Malpractice Plan Is Very Bad Medicine, Newsday, 39 (January 24, 2003) .
  • Dog Tales, Newsday, A23 (January 6, 2003) .

Periodical Articles

September 2003

  • Lawyers' Poker, 57 University of Miami Law Review 283-310 (2003).

May 2003

  • Like a Surgeon, 88 Cornell Law Review 1178-1197 (2003).
  • Showing Your Hand: A Counter-Intuitive Strategy for Deposition Defense, 29 Litigation 38-40, 67 (Winter 2003).
  • Slavery on Trial: The Case of the Oberlin Rescue, 54 Alabama Law Review 785-829 (2003).

April 2003

  • Political Activities of Supreme Court Spouses, 18 Virginia Journal of Law & Politics 635-642 (2002).

February 2003

  • Document Destruction After Arthur Andersen: Is It Still Housekeeping or Is It a Crime?, 4 Journal of Appellate Practice And Process 323 (2002).

January 2003

  • Poker Courtroom: What Lawyers Can Learn from Card Players, 6 Green Bag 2d 203-213 (2003).

2002

Newspaper Articles

December 2002

op-ed piece

  • Bush Shouldn't Provoke a Fight Over Nominees, Dallas News (December 15, 2002) .
  • Bush Court Picks: Right or 'Right'?, Newsday, A33 (December 3, 2002) .
  • A Way Out of Another Nasty Fight, Chicago Tribune, 27 (December 3, 2002) .
  • Poor Judgment: Bush Would Needlessly Alienate Democrats With Two Court Nominees, Newark Star-ledger (December 11, 2002) .
  • Bush Shouldn't Try to Revive Controversial Court Nominees, St. Paul Pioneer Press, 11A (December 16, 2002) .
  • Which Hurt Their Dignity More, A Lawyer's Rude Comment or the Judges' Harsh Response?, Legal Times, 35 (December 2, 2002) .
  • A Footnote Most Foul, The Recorder (December 6, 2002) .

November 2002

  • Free Speech Rights Don't End in Courtroom, Chicago Sun-times (November 6, 2002).

October 2002

op-ed piece

  • Blaming Jews for All That's Wrong With the World, Chicago Tribune (October 20, 2002) .
  • Divesting in Israel; Anti-Semitism Unleashed, Baltimore Sun (October 18, 2002) .

August 2002

  • Texas Justice Should Be Judged on Merits, Chicago Sun-times (August 28, 2002).
  • Sniping Fails to Study Judge's Merits, Atlanta Journal-constitution (August 28, 2002).

July 2002

op-ed piece

  • Air Space, Newsday, page A22 (July 8, 2002) .
  • Impartiality Lost When Justice Hits Campaign Trail, Baltimore Sun (July 3, 2002) .
  • Muzzle Views of Candidates for Judgeships, Atlanta Journal Constitution, page A18 (July 3, 2002) .
  • Judges Shouldn't Be Able to Tailor Rulings to Public, Dallas Morning News (July 2, 2002) .
  • Bad Policy Headed for Courtrooms, Chicago Tribune, page 17 (July 2, 2002) .
  • And Now, Judicial Campaign Promises, San Diego Union Tribune, page B11 (June 28, 2002) .

June 2002

  • Prosecuting Our Enemy Combatants, Chicago Tribune, page 9 (June 23, 2002).
  • Law Protects Choice, Not Privacy, Newsday, page A35 (June 5, 2002).

April 2002

op-ed piece

  • There's a Difference Between Defense, Assist, Chicago Sun Times (May 1, 2002) .
  • A Muslim Lawyer for Moussaoui, New York Times (April 25, 2002) .
  • Attorneys, Too, Must Obey the Law, Newsday (April 24, 2002) .
  • A Test for 'Peace Activists', New York Post (April 8, 2002) .
  • The Evolving Definition of 'Peace Activist', Chicago Tribune (April 3, 2002) .
  • The Spouse Speaks, Legal Times (April 1, 2002) .
  • Virginia Thomas is Using Her Husband's Trials for Advancement, Fulton County Daily Report (April 2, 2002) .
  • Spousal Privilege, San Francisco Recorder (April 3, 2002) .

March 2002

op-ed piece

  • Supreme Court Spouse Shatters All Boundaries of Restraint, Detroit Free Press, page 9A (March 27, 2002) .
  • Did the Missus Go Too Far?, Chicago Tribune, page 27 (March 20, 2002) .
  • The Case Against Pickering, Milwaukee Journal Sentinel, page 9A (March 11, 2002) .
  • Court Nominee Showed Unseemly Leniency To Cross Burner, Minneapolis Star-tribune (March 6, 2002) .
  • Appeals Court Nominee Carries Cross For Bigots, Atlanta Journal Constitution (March 1, 2002) .

February 2002

  • The Judge and the Cross Burner, The Baltimore Sun (February 28,2002).

Other

May 2002

commentary

  • Where the Urban Gentry Dallies was on WBEZ Radio (May 20, 2002).

Periodical Articles

October 2002

  • Rethinking Deposition Defense: The Case for Strategic Disclosure, 26 American Journal of Trial Advocacy 14-26 (2002).

August 2002

  • Judicial Campaign Conduct Committees: Some Reservations About an Elegant Solution, 35 Indiana Law Review 807-818 (2002).
  • Objecting reprinted in this Special Anniversary Edition from 16 AMERICAN JOURNAL OF TRIAL ADVOCACY 213, 25 American Journal of Trial Advocacy 231-270 (2002) .

May 2002

  • Steven Lubet was a participant in a panel, with Harold See, Sandy Keith, Erik Jaffee and Erick Kaardal, Judicial Elections and Free Speech: Ethics and a Judge's Campaign Rhetoric, 33 University of Toledo Law Review 315-334 (2002) (Co-authored by: Harold See, Sandy Keith, Erik Jaffee and Erick Kaardal) .

February 2002

  • Legal Lore: So Perish All Enemies of the Union, 28 Litigation 51-56, 66 (Winter 2002).

2001

Books and other Monographs

December 2001

  • Mock Trials: Preparing, Presenting, And Winning Your Case (National Institute for Trial Advocacy 2001) (Co-authored by: Jill Trumbull-Harris).
  • Advocacia De Arbitragem (Universidade de Brasilia 2001) .

August 2001

  • Problems And Materials In Evidence And Trial Advocacy, 3rd ed. (NITA 2001) at Volume 1 & 2 and Teacher's Manual (Co-authored by: Robert P. Burns and James Seckinger) .
  • Evidence In Context, 2nd ed. (NITA 2001) (Co-authored by: Robert P. Burns and James Seckinger) .
  • Exercises And Problems In Professional Responsibility, 2nd ed. (NITA 2001) (Co-authored by: Robert P. Burns and Thomas Geraghty) .

April 2001

  • Nothing But The Truth: Why Trial Lawyers Don't, Can't, And Shouldn't Have To Tell The Whole Truth (New York University Press 2001) .

January 2001

  • Modern Trial Advocacy, Law School edition (National Institute for Trial Advocacy 2000) .

Newspaper Articles

November 2001

  • Elusive War Against Terrorism Isn't Unprecedented, Newsday, A35 (November 6, 2001).
  • Haven't We Fought This Battle Before?, Chicago Tribune, 21 (November 4, 2001).

October 2001

op-ed piece

  • Trial Rules Will Fail in War, Dallas Morning News, page 17A (October 9, 2001) .
  • War Offers Best Defense, Baltimore Sun, page 21A (October 9, 2001) .
  • When 'Justice' Means War, New York Post (October 8, 2001) .

September 2001

  • Why Trials Are Not an Alternative to War, San Francisco Chronicle (September 27, 2001) .
  • The Best Place for Justice: Criminal Justice System Not Designed to Halt Terrorism, San Diego Union Tribune, page B7 (September 26, 2001) .
  • This Calls for War, Chicago Tribune, page 19 (September 25, 2001) .
  • Judiciary Can't Fill In For Military, Atlanta Journal Constitution (September 25, 2001) .
  • Just Who Made Federal Judges God?, Chicago Tribune (August 10, 2001) .
  • There's Nothing Funny About Judicial Thugs, Atlanta Journal Constitution (August 8, 2001) .

July 2001

op-ed piece

  • Microsoft Case Opens Window of Fairness for All, Baltimore Sun (July 5, 2001) .
  • Gates Benefitted From Principle of Impartiality, The Record, page L11 (July 6, 2001) .
  • Steven Lubet is the co-author for The Microsoft Case and Judicial Ethics, San Diego Union Tribune (July 3, 2001) .
  • Steven Lubet is the co-author for Saved--For the Moment--By a Technicality, Chicago Tribune ( July 3, 2001) .
  • Steven Lubet is the co-author for Reversal in Microsoft Case Is a Matter of Fairness, Philadelphia Inquirer (July 1, 2001) .
  • Steven Lubet is the co-author for Microsoft Decision Spotlights A System's Fairness, Newsday, Page B5 (July 1, 2001) .

June 2001

  • A Prosecutor's Complex Dual Role, National Law Journal, A20 (June 15, 2001) .

May 2001

  • High Court Presents Roadmap for Overturning Abortion Rights, Atlanta Journal Constitution (May 18, 2001) .
  • First Medical Marijuana, Next Abortion Rights, Chicago Tribune, 27 (May 17, 2001) .

March 2001

  • What's An Employee to Do?, National Law Journal, A32 (March 19, 2001) .

January 2001

op-ed piece

  • It Takes a Plea Agreement: Clinton's 'Moment of Truth' A Meaningful Public Consequence, Chicago Tribune, page 15 (January 23, 2001) .
  • Clinton's Law License Was Key That Opened Door to Plea Deal, Atlanta Journal-constitution (January 23, 2001) .
  • Appropriate Punishment for Clinton, San Diego Union-tribune, page B-9 (January 23, 2001) .
  • Clinton Deal Was Right Thing to Do, Newsday, page B06 (January 21, 2001) .

Periodical Articles

December 2001

  • Storytelling and Trials: Playing the "Race Card" in Nineteenth-Century Italy, 31 Stetson Law Review 49-59 (2001).

October 2001

  • Bullying From the Bench, 5 Green Bag 11-16 (2001) .

August 2001

  • Slap Leather! Legal Culture, Wild Bill Hickok, and the Gunslinger Myth, 48 Ucla Law Review 1545-1555 (2001) .
  • Story Framing, 74 Temple Law Review 59-67 (2001) .

July 2001

  • Free Speech and Judicial Neutrality: A Reply to Monroe Freedman, Court Review 6 (Winter 2001) .

May 2001

  • On Attention Span: Comment on Marianne Wesson's "A Novelist's Perspective", 50 Depaul Law Review 633-634 (2000) .

April 2001

  • Stupid Judge Tricks, 41 South Texas Law Review 1301-1314 (2000) .

February 2001

  • The Forgotten Trial of Wyatt Earp, 72 University of Colorado Law Review 1-51 (2001) .
  • Should Wyatt Earp Have Been Hanged?, 48 True West 50-56 (2001) .

2000

Newspaper Articles

October 2000

op-ed piece

  • A Safer Country Thanks to Lawyers, Detroit Free Press (Oct. 25, 2000) .
  • Unlikely Heros in Firestone Fiasco, San Francisco Chronicle, page A25 (Oct. 13, 2000) .
  • Credit Lawyers for Firestone, Baltimore Sun, page 21A (Oct. 12, 2000) .
  • In the Firestone Case, Trial Lawyers Are the Real Heroes, San Diego Union-tribune, page B7 (Oct. 11, 2000) .
  • After the Firestone Debacle, Ya Gotta Love Lawyers, Chicago Tribune, page 25 (Oct. 6, 2000) .
  • Greedy Lawyers Are Often the Public's Allies, Newsday, page A44 (Oct. 4, 2000) .

August 2000

editorial

  • Vetting the Veep Was Too Vital to Let Cheney Clear Himself, Newsday (August 10, 2000) .

July 2000

op-ed piece

  • Hillary Bashing, Chicago Tribune, 21 (July 27, 2000) .
  • Alabama Judge is Determined to Post Ten Commandments, Chicago Tribune, 23 (July 6, 2000) .
  • It Wasn't Just Praying in Texas Case, Newsday, A23 (June 26, 2000) .

June 2000

op-ed piece

  • Judge's Prayers Wrong, Atlanta Journal-constitution (June 13, 2000) .
  • A Victory for Families and the Rule of Law, Houston Chronicle, 4 (June 4, 2000) .

May 2000

  • Let the Jury Decide...Except When There's Big Money at Stake, Chicago Tribune (May 26, 2000).
  • Witch Hunt in a Public School, San Francisco Chronicle (April 16, 2000).
  • Elian Case Mustn't Become Street Battle, Newsday (April 6, 2000).
  • Ethics Clash of Two Giants, National Law Journal (April 3, 2000).
  • Chasing Matza, Farbrengen, Passover 5760 (April 2000).

March 2000

op-ed piece

  • No More Mr. Nice Guys; Picking the Second Banana, Chicago Tribune, 13 (March 14, 2000) .

February 2000

  • Michael Jordan's Agent Could be Called for Foul Play, Newsday, page A58 (Feb. 17, 2000).
  • Thou Shalt Not Judge, Chicago Tribune, page 21 (Feb. 16, 2000).
  • Wicca Serves As Easy Target, Atlanta Journal-constitution (Feb. 15, 2000) .
  • Michael Jordan's Endorsement Deals Versus Player Contracts; Can the Wizard's New President Do His Job Fairly?, San Francisco Chronicle, page 21 (Feb. 9, 2000).

January 2000

  • Football's Lesson in Conflicts of Interest, National Law Journal, A21 (Jan. 31, 2000).

op-ed piece

  • Parents' Rights Must Prevail, Dallas Morning News, 18A (Jan. 18, 2000) .
  • Courts Not Always Best Judge of Children's Rights, Interests, Baltimore Sun, 11A (Jan. 16, 2000) .
  • Parent Trap? Grandparents' Rights Should be Determined by Parents, Not the Courts, Chicago Tribune, 23 (Jan. 13, 2000) .
  • Courts Not Always the Best Judge of Children's Rights and Interests, Philadelphia Inquirer (Jan. 13, 2000) .
  • Why Courts Don't Make Good Parents, San Diego Union-tribune (Jan. 13, 2000) .

Other

October 2000

National Public Radio commentary

  • Running the Presidential Debate Like a Sporting Event was on Morning Edition, National Public Radio (Oct. 9, 2000).

May 2000

National Public Radio commentary

  • I Always Figured That Ethics Would Come in Handy Some Day was on Morning Edition, National Public Radio (May 8, 2000).
  • Don't You Dare Fling Your Butts Out of the Window was on Morning Edition, National Public Radio (April 14, 2000).

Periodical Articles

December 2000

  • The Man Who Shot Liberty Valance: Truth or Justice in the Old West, 48 Ucla Law Review 353-373 (2000) .

November 2000

  • Murder in the Streets of Tombstone: A Legendary Theory of the Case, 27 Litigation 35 (Fall, 2000) .
  • On Judge Posner and the Perils of Commenting on Pending or Impending Proceedings, 37 Court Review 4 (Summer, 2000) .
  • When Is an Investigation Merely an Investigation: A Response to Posner, 37 Court Review 7 (Summer, 2000) .

August 2000

  • Intimations of Contemporary Law and Politics in the Early Oeuvre of Robert A. Zimmerman, 3 Green Bag 2d 459-462 (2000) (Co-authored by: Alex J. Lubet) .

June 2000

  • The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars, 45 Villanova Law Review 245-288 (2000).
  • A Life Well Lived, 13 Georgetown Journal of Legal Ethics 575-576 (2000).

May 2000

book review

  • Rumpled Truth on Trial, 94 Northwestern University Law Review 627-641 (2000) .

March 2000

  • Conflict of Interest at the O.K. Corral, 3 Green Bag 141-147 (2000).

February 2000

  • There Are No Scriveners Here, 43 Trial Lawyers Guide 66-79 (2000) .

1999

Books and other Monographs

December 1999

  • Judicial Conduct And Ethics, 3rd ed. (Lexis Law Publishing 2000) (Co-authored by: Jeffrey M. Shaman, and James J. Alfini).

Newspaper Articles

November 1999

op-ed piece

  • Michigan's Deerest Pastime, Detroit Free Press (Nov. 15, 1999) .
  • Racial Discrimination in Jury Selection, Chicago Tribune (Nov. 14, 1999) .
  • Do You Want To Be a Real Judge, or Play One?, Des Moines Register (Nov. 9, 1999) .
  • The 'Real' Judge Joe Brown Is Being Injudicious, Newsday (Nov. 4, 1999) .
  • 'Judge Joe Brown' is Unethical, Memphis Commercial Appeal (Oct. 15, 1999) .
  • Peace and Legal Normalcy, National Law Journal (Oct. 4, 1999) .
  • We Find 'Judge Joe Brown' is Unethical, Chicago Tribune (Oct. 3, 1999) .

Periodical Articles

October 1999

  • Expert Witnesses: Ethics and Professionalism, 12 Georgetown Journal of Legal Ethics 465-488 (1999).

September 1999

  • Reconstructing Atticus Finch, 97 Michigan Law Review 1339-1362 (1999).
  • Reply [to responses by Althouse, Atkinson, Powell, Simon, and Stone], 97 Michigan Law Review 1382-1384 (1999).

August 1999

  • There Are No Scriveners Here, 84 Iowa Law Review 341-350 (1999).
  • Expert Testimony: A Survivor's Guide to Cross Examination, Court Call 1 (Winter, 1999).
  • Decalogue Divisiveness, Church & State 13 (May, 1999).

July 1999

book review

  • Judical Kidnapping, Then and Now: The Case of Edgardo Mortara, 93 Northwestern University Law Review 961-975 (1999) .

May 1999

  • Judicial Discipline and Judicial Independence, 61 Law And Contemporary Problems 59-74 (1998).

April 1999

  • Lubet Replies to Edelman: Mistakes? What Mistakes?, 93 Northwestern University Law Review 347-349 (1998).

March 1999

  • Moral Adventures in Narrative Lawyering, 2 Green Bag 2d 179-189 (1999).