Fundamentals of American Law. Oxford: Oxford University Press, 2004. 


"Can Mandatory Arbitration of Medical Malpractice Claims Be Fair? The Kaiser Permanente System," 70 Dispute Resolution Journal, no. 3, 2015, at 35-79.

"The Administrative Conference of the United States and Its Work on the Freedom of Information Act: A Look Back and a Look Forward," 83 The George Washington Law Review 1540-1554 (2015).

"Lessons for Law Reform Litigators," 18 Green Bag 63-75 (2014).

"The Brandeis Brief and 21st Century Constitutional Litigation," 18 Lewis & Clark Law Review 715-750 (2014).

(With Abrams, Floyd.) "Debate on Citizens United v. Federal Election Commission," (Transcript) 76 Albany Law Review 757-780 (2013).

(With Herman, Susan N., et al.) "Panel Discussion on Recent U.S. Supreme Court Free Speech Decisions & the Implications of These Cases for American Society," 76 Albany Law Review 781-826 (2013).

"Revisiting Judicial Activism: The Right and Wrong Kinds," 7 Advance: The Journal of the ACS Issue Groups 133-150 (2013).

"The Sounds of Silence: The Irrelevance of Congressional Inaction in Separation of Powers Litigation," 81 The George Washington Law Review 1211-1235 (2013).

"A Tribute to Arthur Miller," 90 Oregon Law Review 937-939 (2012).

"The Necessity of Tradeoffs in a Properly Functioning Civil Procedure System," 90 Oregon Law Review 993-1032 (2012).

"Improving the Class Action Settlement Process: Little Things Mean A Lot," 79 The George Washington Law Review 428-447 (2012).

"Free Enterprise Fund v. Public Company Accounting Oversight Board: Muddling the Law while Making New Law," Administrative & Regulatory Law News, at p. 11, 24 (Summer 2010).

"Introduction: Lobbyists--Saints or Sinners?," 19 Stanford Law & Policy Review 1-9 (2008).

"Administrative Agencies Are Just Like Legislatures and Courts--Except When They're Not," 59 Administrative Law Review 79-120 (2007).

"Judges and Politics: What to Do and Not to Do about Some Inevitable Problems," 28 Justice System Journal 283-300 (2007).

"Balancing Access to Government-Controlled Information," 14 Journal of Law & Policy 115-136 (2006).

"What the Shutts Opt-Out Right Is and What It Ought to Be," 74 UMKC Law Review 729-764 (2006).

"Removing Class Actions to Federal Court: A Better Way to Handle the Problem of Overlapping Class Actions," 57 Stanford Law Review 1521-1556 (2005).

"How We Got the Commercial Speech Doctrine: An Originalist's Recollections," 54 Case Western Reserve Law Review 1189-1204 (2004)..

"Lessons from Brown for Today's Public Interest Lawyers," 88 Judicature 60-65 (2004).

"Lessons to Be Learned: The Victim Compensation Fund," 53 DePaul Law Review 821-830 (2003).

"The Judge Has No Robes: Keeping the Electorate in the Dark about What Judges Think about the Issues," 36 Indiana Law Review 719-745 (2003).

"The Rehnquist Choice," 55 Stanford Law Review 1457 -1478 (2003).

"Must the Interests of the Client Always Come First?," 53 Maine Law Review 471-485 (2001).

(With Eisenberg, Howard B.) "Discretionary Appellate Review of Non-Final Orders: It's time to Change the Rules," 1 Journal of Appellate Practice & Process 285-308 (1999).

"The Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals: Details Matter," 15 Journal of Law & Politics 457-470 (1999).

"What if Buckley Were Overturned?," 16 Constitutional Commentary 347-371 (1999()

"Farewell Fond ACUS, We Loved You Well," 30 Arizona State Law Journal 169-172 (1998(.

"The Inadequate Search for 'Adequacy' in Class Actions: A Brief Reply to Professors Kahan and Silberman," 73 New York University Law Review 1179-1192 (1998).

"Representing the Unrepresented in Class Actions Seeking Monetary Relief," 71 New York University Law Review 439-513 (1996).

"The Line-Item Veto," 81 A.B.A. Journal 46 (1995).

"Appointments Clause Problems in the Dispute Resolution Provisions of the United States-Canada Free Trade Agreement," 49 Washington & Lee Law Review 1299-1308 (1992).

"A Non-Power Looks at Separation of Powers," 79 Georgetown Law Journal 281-311 (1990).

(With Glitzenstein, Eric R.) "The Supreme Court's Decision in Morrison v. Olson: A Common Sense Application of the Constitution to a Practical Problem," 38 American University Law Review 359-382 (1989).

"How Independent Are Independent Regulatory Agencies?," 1988 Duke Law Journal 252-256.

"OMB Interference with Agency Rulemaking: The Wrong Way to Write a Regulation," 99 Harvard Law Review 1059-1074 (1986).

"The Administrative Procedure Act: A Living and Responsive Law," 72 Virginia Law Review253-270 (1986).

"Closing Costs: Soaring Costs and Consumer Confusion," 92 Banking Law Journal 30-36 (1975).


"Is the Trans-Pacific Partnership Unconstitutional?," The Atlantic (June 23, 2015, 6:03AM),

"Let's End the US News Law School Madness: A Proposal for a Sensible Alternative," Washington Monthly College Guide (June 9, 2015, 1:43PM),