Selected Articles
- Judicial Review before Marbury. 58 Stanford Law Review 455-562 (2005)
- Deans and Stories: Leading Minds. 36 The University of Toledo Law Review 207-211 (2004).
- The War Powers Outside the Courts, in Mark Tushnet ed. The Constitution in Wartime, 143-160. Durham, N.C.: Duke University Press, 2005
- Lochner’s New Millennium: Copyright Term Extension, Constitutional Law, and Eldred v. Ashcroft, 112 Yale L.J. (2003) (with Paul Schwartz)
- The New Privacy, 101 Mich. L. Rev. 2163 (2003) (with Paul Schwartz) (book review)
- Jam for Justice Holmes: Reassessing the Significance of Mahon, 86 Georgetown Law Journal 813 (1998)
- Independent Counsel and Vigorous Prosecution and Investigation, 61 Law and Contemporary Problems 149 (1998)
- The Armstrong Principle, the Narratives of Takings, and Compensation Statutes, 38 William & Mary Law Review 1151 (1997)
- Learning from Lincoln, 65 Fordham Law Review 1781 (1997)
- Fame, the Founding, and the Power to Declare War, 82 Cornell Law Review 695 (1997)
- The Original Understanding of the Takings Clause and the Political Process, 95 Columbia Law Review 782 (1995)
- The Case of the Prisoners and the Origins of Judicial Review, 143 University of Pennsylvania Law Review 491 (1994)
- Prospective Overruling and the Revival of “Unconstitutional” Statutes, 93 Columbia Law Review 1902 (1993) (with Gene Sperling)
- Taking the Framers Seriously, 55 University of Chicago Law Review 1016 (1988) (review of Walter Berns, Taking the Constitution Seriously (1987))
- Note, The Origins and Original Significance of the Just Compensation Clause of the Fifth Amendment, 94 Yale Law Journal 694 (1985)
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