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July 2020

Periodical Articles

July 2020

May 2020

April 2020


Newspaper Articles

December 2019

Periodical Articles

November 2019

July 2019

January 2019


Newspaper Articles

August 2017

March 2017

Periodical Articles

December 2017

June 2017

May 2017



July 2016

Periodical Articles

August 2016

July 2016

  • Premodern Constitutionalism, 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, 76 Ohio State Law Journal 691 (2015).

May 2015

  • The Right of Publicity and the First Amendment in the Modern Age of Commercial Speech, 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, 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, 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, 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, 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, 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, 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, 64 Florida Law Review 845 (2012).

June 2012

  • “Worse Than the Disease”: The Anti-Corruption Principle, Free Expression, and the Democratic Process, 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, 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 , 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, 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 , 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 , 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 , 41 Loyola Los Angeles Law Review 67 (2007).

May 2008

  • The Class Action as Political Theory , 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, 93 Minnesota Law Review (Co-authored by: Dennis Murashko).

January 2008

  • Class Actions, Litigant Autonomy, and the Foundations of Procedural Due Process, 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?, 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 , 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 , 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, 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, 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, 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, 9 Lewis & Clark Law Review 363-380 (2005).

May 2005

  • Summary Judgment and the Vanishing Trial: Implications of the Litigation Matrix, 57 Stanford Law Review 1329-1359 (2005).

April 2005

  • Class Actions and the Democratic Difficulty: Rethinking the Intersection of Private Litigation and Public Goals, 2003 University of Chicago Legal Forum 71-139.

March 2005

  • Unlawful Advocacy and Free Speech Theory: Rethinking the Lessons of the McCarthy Era, 73 University of Cincinnati Law Review 9-94 (2004).


Periodical Articles

April 2004

  • Why Punitive Damages are Unconstitutional, 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, 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, 51 Depaul Law Review 359-406 (2001).

February 2002

  • Electronic Discovery and the Litigation Matrix, 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, 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, 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, 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, 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, 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).