Search Faculty Publications

STEVEN LUBET

2017

Books and other Monographs

March 2017

Other

April 2017

February 2017

Periodical Articles

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 in 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 in 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 in THE NEW REPUBLIC (July 15, 2015).

June 2015

May 2015

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

Periodical Articles

September 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 in CHICAGO TRIBUNE (Apr. 6, 2015).

2014

Newspaper Articles

December 2014

August 2014

Periodical Articles

May 2014

  • Stupid Juror Questions? in 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 in 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 in 91 NORTH CAROLINA LAW REVIEW 1785-1815 (2013).

February 2013

  • Clarence Darrow, Neuroscientist: What Trial Lawyers Can Learn From Decision Science in 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 in NORTH & SOUTH (October 2012).

July 2012

  • The Oberlin Fugitive Slave Rescue: A Victory for the Higher Law in NORTH & SOUTH (April 2011).
  • Review of Abraham Lincoln, Esq.: The Legal Career of American's Greatest President in 78 JOURNAL OF SOUTHERN HISTORY 172 (February 2012).

SSRN

September 2012

May 2012

2011

Other

March 2011

  • Haley Barbour, Slavery and the Citizenship Test (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 in CHICAGO TRIBUNE (October 27, 2010).

Periodical Articles

June 2010

  • Why the Dreyfus Affair Does and Doesn’t Matter in 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 in CHICAGO TRIBUNE (September 30, 2008).

March 2008

  • On Israel, Obama Has Taken a Stand in CHICAGO TRIBUNE (March 5, 2008).

Periodical Articles

July 2008

  • Judicial Campaign Speech and the Third Law of Motion in 22 NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY 425-434 (2008).

2007

Newspaper Articles

November 2007

  • Cutting Choices in AMERICAN LAWYER (November 1, 2007).

September 2007

  • The Disreputer in AMERICAN LAWYER (September 1, 2007).

July 2007

  • Shut Up! No, You Shut Up! in LEGAL TIMES (June 18, 2007).
  • Ant-size Loopholes Can Produce Big Problems in CHICAGO TRIBUNE (June 11, 2007).
  • Civility Deposed in SAN FRANCISCO RECORDER (June 22, 2007).
  • Welcome to Obidas! in NEW YORK TIMES (July 23, 2007).
  • We Loved Obidas (Or Was It Omylas?) in INTERNATIONAL HERALD TRIBUNE (July 23, 2007).
  • Bare Facts in AMERICAN LAWYER (July 2007).
  • Law Students Gone Wild in LEGAL TIMES (July 16, 2007).

May 2007

  • Above It All in AMERICAN LAWYER (May 2007).

April 2007

  • Do We Need to See Her Face? in LEGAL TIMES (April 2, 2007).

March 2007

  • Flag Protesters Missing a Point in CHICAGO TRIBUNE (March 23, 2007).
  • Veiled Truth in AMERICAN LAWYER (March 2007).
  • When Does a Muslim Veil Become a Poker Face? in CHICAGO SUN-TIMES (March 11, 2007).

February 2007

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

January 2007

  • The Citizenship Test: New, Improved and Wrong in SALON (January 3, 2007 ).
  • Stewart’s Sanctimony: Despite Her Proclamations From the Courthouse Steps, Lynne Stewart is No Martyr in 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 in LEGAL TIMES (November 27, 2006).
  • People for Pluto in AMERICAN LAWYER (November 1, 2006).

September 2006

  • Why Judges Acquit in THE AMERICAN LAWYER (September 2006).

August 2006

op-ed piece

  • Use Pluto’s Dwarf Status to Think Big in NEWSDAY (August 28, 2006) (Co-authored by: Jeffrey Mallow).
  • Wrong Lessons in PHILADELPHIA INQUIRER (August 28, 2006) (Co-authored by: Jeffrey Mallow).
  • Kids Lobbying for Pluto Sends Wrong Message on Science in CHICAGO SUN TIMES (August 27, 2006) (Co-authored by: Jeffrey Mallow).
  • Pitting Secular Law and 'Higher Law' Woman Misuses Sanctuary Tradition in CHICAGO TRIBUNE (August 22, 2006) (Co-authored by: Jeffrey Mallow).

July 2006

  • Our Sacrifice to Themis in 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 in AMERICAN LAWYER (May 2006).

April 2006

  • McKinney v. Capitol Police: Who'll Blink First? in CHICAGO TRIBUNE (April 5, 2006).
  • Rep. McKinney Uses Poker Strategy as Defense in MEMPHIS COMMERCIAL APPEAL (April 5, 2006).

March 2006

  • Cougar Spotting in AMERICAN LAWYER (March 2006).

February 2006

  • On Alito: Oh, Those Woebegone Democrats in CHICAGO TRIBUNE (February 1, 2006).
  • The Alito Confirmation; How Democrats Lost the Political Battle in 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 in AMERICAN LAWYER (January 2006).

Periodical Articles

December 2006

  • In Facetiis Verititas: How Improvisational Comedy Can Help Trial Lawyers Get Some Chops in 7 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 1-13 (2006) (Co-authored by: Thomas Hankinson ).

November 2006

  • The Inciting Incident in LITIGATION (Fall 2006).

August 2006

  • The Triage Trilemma in 34 HOFSTRA LAW REVIEW 673-687 (2006).

May 2006

  • Tilt in 58 MAINE LAW REVIEW 129-133 (2006).
  • Lesson 7: Overplaying in 9 GREEN BAG 243-245 (2006).

March 2006

  • A Series of Reviews of Eat What You Kill by Milton C. Regan, Jr. - False Flats in 19 GEORGETOWN JOURNAL OF LEGAL ETHICS 275-280 (2006).

January 2006

  • Trial Theory and Blind Poetics in 100 NORTHWESTERN UNIVERSITY LAW REVIEW 295-302 (2006).

2005

Newspaper Articles

November 2005

  • A Man of Integrity in CHICAGO TRIBUNE (November 18, 2005) (Co-authored by: David McGowan).
  • Judicial Temperament in BALTIMORE SUN (November 28, 2005) (Co-authored by: David McGowan).
  • A Chicago Story in AMERICAN LAWYER (November 2005).
  • They Lived Happily Ever After in LEGAL TIMES (November 14, 2005).

September 2005

  • Godly vs. Secular in AMERICAN LAWYER (September 2005).
  • Roberts' Bad Decision in 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 in CHICAGO TRIBUNE (July 28, 2005) .
  • Independent, Yes; Moderate, Not Really in 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 in AMERICAN LAWYER (May, 2005).

April 2005

  • Cops on Trial: Why Murder Cases Fail in NATIONAL LAW JOURNAL (April 25, 2005).

op-ed piece

  • Misplaying the Filibuster in BOSTON GLOBE (April 26, 2005) .
  • Democrats Misplay Cards in High Stakes Filibuster Fight in BALTIMORE SUN (April 29, 2005) .
  • The Politics of Blinking First in CHICAGO TRIBUNE (April 24, 2005) .
  • The Nuclear Option: With a Hand Like This, Dems Need to Lower the Stakes in 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 in AMERICAN LAWYER (March 2005).

February 2005

  • Why Dems Should Fight Hard for the Arnold Amendment in CHICAGO TRIBUNE (February 23, 2005).
  • Three Reasons to Join the 'Arnold Amendment' Bandwagon in PHILADELPHIA INQUIRER (February 25, 2005).

January 2005

  • A Liberal Case for Chief Justice Scalia in NEWSDAY (January 3, 2005).
  • Hasta la Vista, Electors in AMERICAN LAWYER (January 2005).

Periodical Articles

December 2005

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

October 2005

  • Celebrity Trials in AMERICAN HERITAGE (October 2005).

August 2005

  • Improper Advances: Talking Dream Jobs With the Judge Out of Court in 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 in 31 LITIGATION 51-54 (2005).
  • The Importance of Being Honest in 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 in BALTIMORE SUN (December 29, 2004) .
  • Conservatives Complain About Campus Shut-Outs in DETROIT FREE PRESS (December 21, 2004) .
  • Campus Diversity: No Conspiracies Behind Faculties' Lean to the Left in ATLANTA JOURNAL CONSTITUTION (December 7, 2004) .
  • Why Republicans Shun Ivory Towers in SAN FRANCISCO CHRONICLE (December 2, 2004) .
  • Nothing Sinister About Liberal Campuses in MINNEAPOLIS STAR TRIBUNE (December 1, 2004) .
  • Does It Take Liberal Thoughts In Order to Teach at University Level in CHICAGO TRIBUNE (November 30, 2004) .

November 2004

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

September 2004

  • Marshal Law in THE AMERICAN LAWYER (October 1, 2004).

August 2004

op-ed piece

  • Dispiriting the Law in AMERICAN LAWYER (August 2004) .
  • The Money We Don't Earn in LEGAL TIMES (August 2, 2004) .
  • Railroaded in SAN FRANCISCO RECORDER (August 6, 2004) .
  • Exorbitant Fees, for Precious Little Work, Give Justice a Bad Name in CHICAGO TRIBUNE (August 8, 2004) .

July 2004

op-ed piece

  • Lack of Regard Shown for Israel's Security Concerns in CHICAGO TRIBUNE (July 13, 2004) .
  • Judgment on the Wall: Court Ignores Israel's Security in SAN FRANCISCO CHRONICLE (July 14, 2004) .
  • In Ruling on Barrier, the U.N. International Court Ignores the Basic Need of Security in DETROIT FREE PRESS (July 13, 2004) .

June 2004

op-ed piece

  • When Judges Investigate Judges in CHICAGO TRIBUNE (June 3, 2004) .
  • An Examination of Judicial Conduct in SAN DIEGO TRIBUNE (June 8, 2004) .
  • Oyez, O Muse in AMERICAN LAWYER (June 1, 2004) .
  • Martha Stewart's Makeover in SAN FRANCISCO RECORDER (June 4, 2004) .

April 2004

  • Virtue Is Its Own Reward in AMERICAN LAWYER (April 2004).

March 2004

  • In One Key Area (the Chief) Justice is Indeed Blind in 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 in AMERICAN LAWYER (February 2004).
  • Justice Compromised in BALTIMORE SUN (February 2, 2004) .
  • Perspectives on Same Sex Marriage: An Amendment that Would Freeze the Will of the People in 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? in CHICAGO TRIBUNE (January 27, 2004) .

Periodical Articles

October 2004

  • Lawyers' Poker in 53 DEFENSE LAW JOURNAL 533-562 (2004).

July 2004

  • Flagging Responses in THE AMERICAN LEGION MAGAZINE (July 2004).

June 2004

  • Toward Purposeful Dissent: Liberal Professor Believes Flag Amendment Hurts No One in THE AMERICAN LEGION MAGAZINE (June 2004).

January 2004

  • Division of Authority Between Attorney and Client: The Case of the Benevolent Otolaryngologist in 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 in AMERICAN LAWYER (October 2003).

September 2003

op-ed piece

  • Beware of Politicians in Black Robes in FULTON COUNTY DAILY REPORT (September 9, 2003) .

August 2003

op-ed piece

  • Effort to Save Alabama Judge from Himself Hurts Cause Even More in DETROIT FREE PRESS (August 27, 2003) .
  • Confusing Matters in the Ten Commandments Case in SAN DIEGO UNION TRIBUNE (August 27, 2003) .
  • Judges Shouldn't Be Engaging in Civil Disobedience in DALLAS MORNING NEWS (August 27, 2003) .
  • Judge Has Provoked Legal Tussle in NEWSDAY (August 22, 2003) .
  • Thou Shall Not Be Meddlesome in PHILADELPHIA INQUIRER (August 19, 2003) .
  • Judge's Defiance of Federal Court a Blow to the Rule of Law in CHICAGO SUN-TIMES (August 13, 2003) .
  • It's Not a Bad Script, It's a Recall Election in California in CHICAGO TRIBUNE (August 8, 2003) .
  • Who's the Real Winner? Elections for Judges May Be Here to Stay, But Crass Campaign Promises Must Stop in LEGAL TIMES (August 11, 2003) .
  • Pledges and Promises in Judicial Campaigns in TEXAS LAWYER (August 18, 2003) .

July 2003

  • Black Robe Politics in THE AMERICAN LAWYER (July 2003).

June 2003

op-ed piece

  • Affirmative Action Battle Has Just Begun in BALTIMORE SUN (June 25, 2003) .
  • Michigan Ruling No Decisive Victory for Affirmative Action in CHICAGO SUN-TIMES (June 25, 2003) .
  • Affirmative Action Wins-Sort Of in NEWSDAY (June 24, 2003) .
  • Close Calls Ahead for Affirmative Action in RALEIGH NEWS & OBSERVER (June 25, 2003) .

May 2003

op-ed piece

  • My Lawyer Made Me Do It in AMERICAN LAWYER (May 1, 2003) .
  • When the Church Takes Advantage in CHICAGO TRIBUNE (May 27, 2003) .

April 2003

editorial

  • Why Our Federal Judges Deserve a Decent Pay Increase in CHICAGO SUN-TIMES, 45 (April 21, 2003) .

March 2003

  • Judging Pay in AMERICAN LAWYER, 114 (March 2003).

January 2003

op-ed piece

  • Medical Malpractice at a Discount in CHICAGO TRIBUNE, 19 (January 22, 2003) .
  • Bush Malpractice Plan Is Very Bad Medicine in NEWSDAY, 39 (January 24, 2003) .
  • Dog Tales in NEWSDAY, A23 (January 6, 2003) .

Periodical Articles

September 2003

  • Lawyers' Poker in 57 UNIVERSITY OF MIAMI LAW REVIEW 283-310 (2003).

May 2003

  • Like a Surgeon in 88 CORNELL LAW REVIEW 1178-1197 (2003).
  • Showing Your Hand: A Counter-Intuitive Strategy for Deposition Defense in 29 LITIGATION 38-40, 67 (Winter 2003).
  • Slavery on Trial: The Case of the Oberlin Rescue in 54 ALABAMA LAW REVIEW 785-829 (2003).

April 2003

  • Political Activities of Supreme Court Spouses in 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? in 4 JOURNAL OF APPELLATE PRACTICE AND PROCESS 323 (2002).

January 2003

  • Poker Courtroom: What Lawyers Can Learn from Card Players in 6 GREEN BAG 2D 203-213 (2003).

2002

Newspaper Articles

December 2002

op-ed piece

  • Bush Shouldn't Provoke a Fight Over Nominees in DALLAS NEWS (December 15, 2002) .
  • Bush Court Picks: Right or 'Right'? in NEWSDAY, A33 (December 3, 2002) .
  • A Way Out of Another Nasty Fight in CHICAGO TRIBUNE, 27 (December 3, 2002) .
  • Poor Judgment: Bush Would Needlessly Alienate Democrats With Two Court Nominees in NEWARK STAR-LEDGER (December 11, 2002) .
  • Bush Shouldn't Try to Revive Controversial Court Nominees in ST. PAUL PIONEER PRESS, 11A (December 16, 2002) .
  • Which Hurt Their Dignity More, A Lawyer's Rude Comment or the Judges' Harsh Response? in LEGAL TIMES, 35 (December 2, 2002) .
  • A Footnote Most Foul in THE RECORDER (December 6, 2002) .

November 2002

  • Free Speech Rights Don't End in Courtroom in CHICAGO SUN-TIMES (November 6, 2002).

October 2002

op-ed piece

  • Blaming Jews for All That's Wrong With the World in CHICAGO TRIBUNE (October 20, 2002) .
  • Divesting in Israel; Anti-Semitism Unleashed in BALTIMORE SUN (October 18, 2002) .

August 2002

  • Texas Justice Should Be Judged on Merits in CHICAGO SUN-TIMES (August 28, 2002).
  • Sniping Fails to Study Judge's Merits in ATLANTA JOURNAL-CONSTITUTION (August 28, 2002).

July 2002

op-ed piece

  • Air Space in NEWSDAY, page A22 (July 8, 2002) .
  • Impartiality Lost When Justice Hits Campaign Trail in BALTIMORE SUN (July 3, 2002) .
  • Muzzle Views of Candidates for Judgeships in ATLANTA JOURNAL CONSTITUTION, page A18 (July 3, 2002) .
  • Judges Shouldn't Be Able to Tailor Rulings to Public in DALLAS MORNING NEWS (July 2, 2002) .
  • Bad Policy Headed for Courtrooms in CHICAGO TRIBUNE, page 17 (July 2, 2002) .
  • And Now, Judicial Campaign Promises in SAN DIEGO UNION TRIBUNE, page B11 (June 28, 2002) .

June 2002

  • Prosecuting Our Enemy Combatants in CHICAGO TRIBUNE, page 9 (June 23, 2002).
  • Law Protects Choice, Not Privacy in NEWSDAY, page A35 (June 5, 2002).

April 2002

op-ed piece

  • There's a Difference Between Defense, Assist in CHICAGO SUN TIMES (May 1, 2002) .
  • A Muslim Lawyer for Moussaoui in NEW YORK TIMES (April 25, 2002) .
  • Attorneys, Too, Must Obey the Law in NEWSDAY (April 24, 2002) .
  • A Test for 'Peace Activists' in NEW YORK POST (April 8, 2002) .
  • The Evolving Definition of 'Peace Activist' in CHICAGO TRIBUNE (April 3, 2002) .
  • The Spouse Speaks in LEGAL TIMES (April 1, 2002) .
  • Virginia Thomas is Using Her Husband's Trials for Advancement in FULTON COUNTY DAILY REPORT (April 2, 2002) .
  • Spousal Privilege in SAN FRANCISCO RECORDER (April 3, 2002) .

March 2002

op-ed piece

  • Supreme Court Spouse Shatters All Boundaries of Restraint in DETROIT FREE PRESS, page 9A (March 27, 2002) .
  • Did the Missus Go Too Far? in CHICAGO TRIBUNE, page 27 (March 20, 2002) .
  • The Case Against Pickering in MILWAUKEE JOURNAL SENTINEL, page 9A (March 11, 2002) .
  • Court Nominee Showed Unseemly Leniency To Cross Burner in MINNEAPOLIS STAR-TRIBUNE (March 6, 2002) .
  • Appeals Court Nominee Carries Cross For Bigots in ATLANTA JOURNAL CONSTITUTION (March 1, 2002) .

February 2002

  • The Judge and the Cross Burner in 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 in 26 AMERICAN JOURNAL OF TRIAL ADVOCACY 14-26 (2002).

August 2002

  • Judicial Campaign Conduct Committees: Some Reservations About an Elegant Solution in 35 INDIANA LAW REVIEW 807-818 (2002).
  • Objecting reprinted in this Special Anniversary Edition from 16 AMERICAN JOURNAL OF TRIAL ADVOCACY 213 in 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 in 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 in 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 in NEWSDAY, A35 (November 6, 2001).
  • Haven't We Fought This Battle Before? in CHICAGO TRIBUNE, 21 (November 4, 2001).

October 2001

op-ed piece

  • Trial Rules Will Fail in War in DALLAS MORNING NEWS, page 17A (October 9, 2001) .
  • War Offers Best Defense in BALTIMORE SUN, page 21A (October 9, 2001) .
  • When 'Justice' Means War in NEW YORK POST (October 8, 2001) .

September 2001

  • Why Trials Are Not an Alternative to War in SAN FRANCISCO CHRONICLE (September 27, 2001) .
  • The Best Place for Justice: Criminal Justice System Not Designed to Halt Terrorism in SAN DIEGO UNION TRIBUNE, page B7 (September 26, 2001) .
  • This Calls for War in CHICAGO TRIBUNE, page 19 (September 25, 2001) .
  • Judiciary Can't Fill In For Military in ATLANTA JOURNAL CONSTITUTION (September 25, 2001) .
  • Just Who Made Federal Judges God? in CHICAGO TRIBUNE (August 10, 2001) .
  • There's Nothing Funny About Judicial Thugs in ATLANTA JOURNAL CONSTITUTION (August 8, 2001) .

July 2001

op-ed piece

  • Microsoft Case Opens Window of Fairness for All in BALTIMORE SUN (July 5, 2001) .
  • Gates Benefitted From Principle of Impartiality in THE RECORD, page L11 (July 6, 2001) .
  • Steven Lubet is the co-author for The Microsoft Case and Judicial Ethics in SAN DIEGO UNION TRIBUNE (July 3, 2001) .
  • Steven Lubet is the co-author for Saved--For the Moment--By a Technicality in CHICAGO TRIBUNE ( July 3, 2001) .
  • Steven Lubet is the co-author for Reversal in Microsoft Case Is a Matter of Fairness in PHILADELPHIA INQUIRER (July 1, 2001) .
  • Steven Lubet is the co-author for Microsoft Decision Spotlights A System's Fairness in NEWSDAY, Page B5 (July 1, 2001) .

June 2001

  • A Prosecutor's Complex Dual Role in NATIONAL LAW JOURNAL, A20 (June 15, 2001) .

May 2001

  • High Court Presents Roadmap for Overturning Abortion Rights in ATLANTA JOURNAL CONSTITUTION (May 18, 2001) .
  • First Medical Marijuana, Next Abortion Rights in CHICAGO TRIBUNE, 27 (May 17, 2001) .

March 2001

  • What's An Employee to Do? in 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 in CHICAGO TRIBUNE, page 15 (January 23, 2001) .
  • Clinton's Law License Was Key That Opened Door to Plea Deal in ATLANTA JOURNAL-CONSTITUTION (January 23, 2001) .
  • Appropriate Punishment for Clinton in SAN DIEGO UNION-TRIBUNE, page B-9 (January 23, 2001) .
  • Clinton Deal Was Right Thing to Do in NEWSDAY, page B06 (January 21, 2001) .

Periodical Articles

December 2001

  • Storytelling and Trials: Playing the "Race Card" in Nineteenth-Century Italy in 31 STETSON LAW REVIEW 49-59 (2001).

October 2001

  • Bullying From the Bench in 5 GREEN BAG 11-16 (2001) .

August 2001

  • Slap Leather! Legal Culture, Wild Bill Hickok, and the Gunslinger Myth in 48 UCLA LAW REVIEW 1545-1555 (2001) .
  • Story Framing in 74 TEMPLE LAW REVIEW 59-67 (2001) .

July 2001

  • Free Speech and Judicial Neutrality: A Reply to Monroe Freedman in COURT REVIEW 6 (Winter 2001) .

May 2001

  • On Attention Span: Comment on Marianne Wesson's "A Novelist's Perspective" in 50 DEPAUL LAW REVIEW 633-634 (2000) .

April 2001

  • Stupid Judge Tricks in 41 SOUTH TEXAS LAW REVIEW 1301-1314 (2000) .

February 2001

  • The Forgotten Trial of Wyatt Earp in 72 UNIVERSITY OF COLORADO LAW REVIEW 1-51 (2001) .
  • Should Wyatt Earp Have Been Hanged? in 48 TRUE WEST 50-56 (2001) .

2000

Newspaper Articles

October 2000

op-ed piece

  • A Safer Country Thanks to Lawyers in DETROIT FREE PRESS (Oct. 25, 2000) .
  • Unlikely Heros in Firestone Fiasco in SAN FRANCISCO CHRONICLE, page A25 (Oct. 13, 2000) .
  • Credit Lawyers for Firestone in BALTIMORE SUN, page 21A (Oct. 12, 2000) .
  • In the Firestone Case, Trial Lawyers Are the Real Heroes in SAN DIEGO UNION-TRIBUNE, page B7 (Oct. 11, 2000) .
  • After the Firestone Debacle, Ya Gotta Love Lawyers in CHICAGO TRIBUNE, page 25 (Oct. 6, 2000) .
  • Greedy Lawyers Are Often the Public's Allies in NEWSDAY, page A44 (Oct. 4, 2000) .

August 2000

editorial

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

July 2000

op-ed piece

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

June 2000

op-ed piece

  • Judge's Prayers Wrong in ATLANTA JOURNAL-CONSTITUTION (June 13, 2000) .
  • A Victory for Families and the Rule of Law in HOUSTON CHRONICLE, 4 (June 4, 2000) .

May 2000

  • Let the Jury Decide...Except When There's Big Money at Stake in CHICAGO TRIBUNE (May 26, 2000).
  • Witch Hunt in a Public School in SAN FRANCISCO CHRONICLE (April 16, 2000).
  • Elian Case Mustn't Become Street Battle in NEWSDAY (April 6, 2000).
  • Ethics Clash of Two Giants in NATIONAL LAW JOURNAL (April 3, 2000).
  • Chasing Matza in FARBRENGEN, PASSOVER 5760 (April 2000).

March 2000

op-ed piece

  • No More Mr. Nice Guys; Picking the Second Banana in CHICAGO TRIBUNE, 13 (March 14, 2000) .

February 2000

  • Michael Jordan's Agent Could be Called for Foul Play in NEWSDAY, page A58 (Feb. 17, 2000).
  • Thou Shalt Not Judge in CHICAGO TRIBUNE, page 21 (Feb. 16, 2000).
  • Wicca Serves As Easy Target in ATLANTA JOURNAL-CONSTITUTION (Feb. 15, 2000) .
  • Michael Jordan's Endorsement Deals Versus Player Contracts; Can the Wizard's New President Do His Job Fairly? in SAN FRANCISCO CHRONICLE, page 21 (Feb. 9, 2000).

January 2000

  • Football's Lesson in Conflicts of Interest in NATIONAL LAW JOURNAL, A21 (Jan. 31, 2000).

op-ed piece

  • Parents' Rights Must Prevail in DALLAS MORNING NEWS, 18A (Jan. 18, 2000) .
  • Courts Not Always Best Judge of Children's Rights, Interests in BALTIMORE SUN, 11A (Jan. 16, 2000) .
  • Parent Trap? Grandparents' Rights Should be Determined by Parents, Not the Courts in CHICAGO TRIBUNE, 23 (Jan. 13, 2000) .
  • Courts Not Always the Best Judge of Children's Rights and Interests in PHILADELPHIA INQUIRER (Jan. 13, 2000) .
  • Why Courts Don't Make Good Parents in 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 in 48 UCLA LAW REVIEW 353-373 (2000) .

November 2000

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

August 2000

  • Intimations of Contemporary Law and Politics in the Early Oeuvre of Robert A. Zimmerman in 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 in 45 VILLANOVA LAW REVIEW 245-288 (2000).
  • A Life Well Lived in 13 GEORGETOWN JOURNAL OF LEGAL ETHICS 575-576 (2000).

May 2000

book review

  • Rumpled Truth on Trial in 94 NORTHWESTERN UNIVERSITY LAW REVIEW 627-641 (2000) .

March 2000

  • Conflict of Interest at the O.K. Corral in 3 GREEN BAG 141-147 (2000).

February 2000

  • There Are No Scriveners Here in 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 in DETROIT FREE PRESS (Nov. 15, 1999) .
  • Racial Discrimination in Jury Selection in CHICAGO TRIBUNE (Nov. 14, 1999) .
  • Do You Want To Be a Real Judge, or Play One? in DES MOINES REGISTER (Nov. 9, 1999) .
  • The 'Real' Judge Joe Brown Is Being Injudicious in NEWSDAY (Nov. 4, 1999) .
  • 'Judge Joe Brown' is Unethical in MEMPHIS COMMERCIAL APPEAL (Oct. 15, 1999) .
  • Peace and Legal Normalcy in NATIONAL LAW JOURNAL (Oct. 4, 1999) .
  • We Find 'Judge Joe Brown' is Unethical in CHICAGO TRIBUNE (Oct. 3, 1999) .

Periodical Articles

October 1999

  • Expert Witnesses: Ethics and Professionalism in 12 GEORGETOWN JOURNAL OF LEGAL ETHICS 465-488 (1999).

September 1999

  • Reconstructing Atticus Finch in 97 MICHIGAN LAW REVIEW 1339-1362 (1999).
  • Reply [to responses by Althouse, Atkinson, Powell, Simon, and Stone] in 97 MICHIGAN LAW REVIEW 1382-1384 (1999).

August 1999

  • There Are No Scriveners Here in 84 IOWA LAW REVIEW 341-350 (1999).
  • Expert Testimony: A Survivor's Guide to Cross Examination in COURT CALL 1 (Winter, 1999).
  • Decalogue Divisiveness in CHURCH & STATE 13 (May, 1999).

July 1999

book review

  • Judical Kidnapping, Then and Now: The Case of Edgardo Mortara in 93 NORTHWESTERN UNIVERSITY LAW REVIEW 961-975 (1999) .

May 1999

  • Judicial Discipline and Judicial Independence in 61 LAW AND CONTEMPORARY PROBLEMS 59-74 (1998).

April 1999

  • Lubet Replies to Edelman: Mistakes? What Mistakes? in 93 NORTHWESTERN UNIVERSITY LAW REVIEW 347-349 (1998).

March 1999

  • Moral Adventures in Narrative Lawyering in 2 GREEN BAG 2D 179-189 (1999).