(With Schechter, Roger E.) Copyright: A Contemporary Approach. St. Paul: West, 2012.
Intellectual Property of Fact-based Works: Copyright and Its Alternatives. Northhampton, MA : Edward Elgar, 2009.
(With Wolrad Prinz zu Waldeck und Pyrmont, et. al.) Patents and Technological Progress in a Globalized World: Liber Amicorum Joseph Straus. Berlin : Springer Verlag, 2009).
Federal Court Rulings Involving State, Local, and Tribal Governments: Calendar Year 1994. (Report). Washington, DC: Advisory Commission on Intergovernmental Relations, 1995.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
"Musical Work Copyright for the Era of Digital Sound Technology: Looking Beyond Composition and Performance," 17 Tulane Journal of Technology and Intellectual Property 1-57 (2014).
"National Treatment in Copyright and Related Rights: How Much Work Does It Do?," in The Principle of National Treatment in International Economic Law: Trade, Investment and Intellectual Property, p. 248-285. Ed. by Anselm Kamperman Sanders. Cheltenham, UK; Northampton, MA; Edward Elgar, 2014.
"Foreword: The Uneasy Case for Copyright: Lessons of Approach and Attitude," 79 The George Washington University Law Review 1631-1634 (2011).
(With Heald, Paul J.) "The Myth of BUICK Aspirin: An Empirical Study of Trademark Dilution by Product and Trade Names," 32 Cardozo Law Review 2533-2577 (2011).
(With Heald, Paul J.) "Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: An Introduction and Empircal Study," 59 Buffalo Law Review 141-212 (2011).
"Copyright and the World's Most Popular Song," 56 Journal of the Copyright Society of the U.S.A. 335-426 (2009).
"The Debate Over Copyright in News and Its Effect on Originality Doctrine," Intellectual Property of Fact-based Works: Copyright and Its Alternatives, p. 39-73. Northampton, MA : Edward Elgar, 2009.
"The Transformation of Originality in the Progressive-era Debate over Copyright in News," 27 Cardozo Arts & Entertainment Law Journal 321-373 (2009).
(With Schechter, Roger E.) "Geographic Trademarks and the Protection of Competitor Communication." 96 Trademark Reporter 782-849 (2006).
"Eastern Enterprises, Phillips, Money and the Limited Role of the Just Compensation Clause in Protecting Property 'in its Larger and Juster Meaning'." 51 Alabama Law Review 937-948 (2000).
"The First Constitutional Tort: The Remedial Revolution in Nineteenth-Century State Just Compensation Law." 52 Vanderbilt Law Review 57-141 (1999).
"Treanor's Mahon." 86 Georgetown Law Journal 907-932 (1998).
""The Foundation of our 'Regulatory Takings' Jurisprudence: The Myth and Meaning of Justice Holmes' Opinion in Pennsylvania Coal v. Mahon." 106 Yale Law Journal 613-702 (1996).
"Note. Municipal Development Exactions, the Rational Nexus Test, and the Federal Constitution." 102 Harvard Law Review 992-1012 (1989).
Review of Holmes and Frankfurter: Their Correspondence, 1912-1934, by Robert Mennel and Christine Compston. 42 American Journal of Legal History 453-454 (1988).