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Books
Model Problems and Outstanding Answers: Constitutional Law (Oxford University Press 2013) (with Kevin Saunders).
Radicals in Their Own Times: Four Hundred Years of Struggle Toward Liberty and Equal Justice in America (Cambridge University Press 2011).
Book Chapters
The Thirteenth Amendment as Basis for Racial Truth and Reconciliation, in v. 37 Civil Rights Litigation and Attorney Fees Annual Handbook 571 (ed. Steven Saltzman, Thomson Reuters, 2021).
Articles
40 Acres and a Mule, Plus Interest: A Survey on Emerging Reparation and Racial Equity Measures, 27 Lewis & Clark Law Review __ (forthcoming 2023) (with Danielle Rogers).
Falling Short of the Promise of the Thirteenth Amendment: Time for Change, 12 ConLawNOW 143 (2021).
The Thirteenth Amendment as Basis for Racial Truth and Reconciliation, 62 Arizona Law Review 637 (2020).
Racial Justice Demands Truth & Reconciliation, 80 University of Pittsburgh Law Review 69 (Fall 2018).
Justice-as-Fairness as Judicial Guiding Principle: Remembering John Rawls and The Warren Court, 81 Brooklyn Law Review 673 (Winter 2016).
The Importance of LL.M. Programs and Other Foreign Study in the Integration of Contemporary Legal Systems, China University of Political Science & Law Conference Proceedings (2012).
The Effects of Human Rights Norms on Sovereignty: The Native American Context, 20 Michigan State University International Law Review 57 (2011).
The Potentially Expansive Reach of McDonald v. Chicago: Enabling the Privileges or Immunities Clause, 2010 Cardozo Law Review de novo 139.
Rescuing the Fourteenth Amendment Privileges or Immunities Clause: How “Attrition of Parliamentary Processes” Begat Accidental Ambiguity; How Ambiguity Begat SlaughterHouse, 18 William & Mary Bill of Rights Journal 445 (2009).
Reading Tea Leaves in Federal Election Commission v. Wisconsin Right to Life, Inc.: Hope for a Buckley Evolution?, 43 Tulsa Law Review 697 (2008).
Government as Liberty’s Servant: The “Reasonable Time, Place and Manner” Standard of Review for All Government Restrictions on Liberty Interests, 68 Louisiana L.Rev. 1 (2007).
Second Amendment Incorporation Through the Fourteenth Amendment Privileges or Immunities and Due Process Clauses, 72 Missouri Law Review 1 (2007).
Reviving a Natural Right: The Freedom of Autonomy Amendment, 42 Willamette L. Rev. 123 (2006).
Current Scholarship on Human Rights from Within Asia, in Workshops on International Law (Organization of American States, Canada 2006).
Do “Creatures of the State” Have Constitutional Rights?: Standing for Municipalities to Assert Procedural Due Process Claims Against the State, 47 Vill. L. Rev. 101 (2001).
A New Case for Direct Congressional Regulation of Guns in School Zones, 77 Denv. U. L. Rev. 769 (2000).
Providing Guidance and Counsel on Ethics to Public Officials and Employees: The Proposed Michigan Government Ethics Act of 1999, 76 U. Det. L. Rev. 411 (1999).
Common Property and Natural Resource Management: A Michigan Perspective, in The Economics of Legal Relationships, vol. 5 (N. Mercuro and M. Kaplowitz eds., 1999).
Toward a More Coherent Dormant Commerce Clause: A Proposed Unitary Framework, 21 Harv. J.L.& Pub. Pol’y 471 (1998).
A Proposal to Reform the Michigan Zoning Enabling Act to Allow Amortization of Nonconforming Uses, 1998 Det. C.L. Rev. 653.
Finding Shade from the "Government in the Sunshine Act": A Proposal to Permit Private Informal Background Discussions at the U.S. International Trade Comm’n, 45 Cath. U. L. Rev. 1 (1995).
Bias in the International Trade Administration: The Need for Impartial Decisionmakers in United States Antidumping Proceedings, 26 Case W. Res. J. Int'l L. 1 (Winter 1994).
Court of International Trade Deference to International Trade Commission and International Trade Administration Antidumping Determinations: An Empirical Look, 25 Law & Pol'y Int'l Bus. 107 (Fall 1993) (with Thomas Ondeck).
The U.S. International Trade Commission's Role in Protecting U.S. Markets, II-6 Int'l Legal Strategy 15 (1993) (with Thomas Ondeck).
The Parol Evidence Rule in Wisconsin: Status in the Law of Contract, Revisited, 1991 Wis. L. Rev. 1071.
In Progress:
The People’s Constitution: Tolerance as Touchstone (forthcoming 2007-08)
The U.S. and Mexican Constitutions: A Comparative Look (with Marcos del Rosario Rodriguez) (forthcoming 2007-08)
Popular Media:
Letter, “A Gun in My Home: Is It My Right?,” The New York Times, March 19, 2007.
Guest Columnist, “Court’s Job is to Check on Majority,” Lansing State Journal, February 5, 2006.
Guest Columnist, “No Branch of Government Should be Above Constitution,” Detroit Free Press (Sunday Section) 1L, January 15, 2006.
Guest Columnist, “New Justices, Crucial Cases Could Define High Court,” Detroit Free Press (Sunday Section) 6L, October 2, 2005.
Guest Columnist, “Pledge Ruling Fails to Guard Religious Freedom,” The Detroit News, June 16, 2004.
Guest Columnist, “Actions Show Congress’ Total Disregard for Citizens’ ‘Right to be Left Alone,’” Detroit Free Press, March 22, 2005 (regarding Congress’ intervention in Terri Schiavo case).