Articles
- Adventures in Direct Democracy: Constitutional Lessons from the California Recall Experience, 92 CAL. L. REV. 927 (2004).
- The Cheney Decision: A Missed Chance to Straighten Out Some Muddled Issues, 2004 CATO SUP. CT. REV. 185 (2004).
- The ‘Converse Section 1983 Law’: An Idea Whose Time is Now, 69 BROOK. L. REV. 1369 (2004).
- How Much Protection Do Injunctions Against Enforcement of Allegedly Unconstitutional Statutes Provide?, 31 FORDHAM URB. L. J. 657 (2004).
- Lower Court Obedience & the Ninth Circuit, 7 GREEN BAG 2ND 31 (2004).
- The New ‘New Federalism’: The Supreme Court in Hibbs (and Guillen), 6 GREEN BAG 2D 349 (2003).
- Constitutional Sunsetting?: Justice O’Connor’s Closing Comments in Grutter, 30 HASTINGS CONST. L.Q. 541, (2003) (with E. Caminker).
- The New Regulations Allowing Federal Agents to Monitor Attorney-Client Conversations: Why It Threatens Fourth Amendment Values, FINDLAW’S WRIT: LEGAL COMMENTARY (Nov 16, 2001) at (with Akhil Amar), reprinted in 34 CONN. L. REV.1163 (2002).
- Reasonable Accommodations Under the ADA, 5 GREEN BAG 2ND 361 (2002) (with Alan Brownstein).
- Bush v. Gore and Article II: Pressured Judgment Makes Dubious Law, 48 FED. LAW. 27 (2001) (with Alan Brownstein).
- Conduct Unbecoming a Coordinate Branch: the Supreme Court in Garrett, 4 GREEN BAG 2ND 351 (Summer 2001) (with Samuel Estreicher).
- Of Hobgoblins and Equality: The Equal Protection Vision of Justice O’Connor, 32 MCGEORGE L. REV. 1 (2001).
- The People Made Me Do It: Can the People of the States Instruct and Coerce Their State Legislatures in the Article V Constitutional Amendment Process?, 41 WM. & MARY L. REV. 1037 (2000).
- The 20th century—The Amendment and Populist Century, 47 FED. LAW. 32 (2000). From Watergate to Ken Starr: Potter Stewart's "Or of the Press" a Quarter Century Later, 50 HASTINGS L.J. 711 (1999).
- The Role of the People in Presidential Impeachment, ACADEMY OF ARTS AND SCIENCES BULLETIN (Fall 1999).
- Some Questions about Justice Blackmun’s Federalism and Separation of Powers Cases, 26 HASTINGS CONST. L.Q. 153 (1999).
- State Religious Freedom Restoration Acts and the Employment Setting, 32 U.C. DAVIS L. REV. 513 (1999).
- The Hybrid Nature of Political Rights, 50 STAN. L. REV. 915 (1998) (with A. Brownstein).
- Reflections on the 209 Litigation, 5 ASIAN L.J. 323 (1998).
- The Hunter Doctrine and Proposition 209: A Reply to Thomas Wood, 24 HASTINGS CONST. L.Q. 1010 (1997) (with E. Caminker).
- Indirect Effects of Direct Election: A Structural Examination of the Seventeenth Amendment. 49 VAND. L. REV. 1347 (1996).
- Equal Protection, Unequal Political Burdens, and the CCRI, 23 HASTINGS CONST. L.Q. 1019 (1996) (with E. Caminker).
- Foreword: Symposium on Developments in Free Speech Doctrine, 29 U.C. DAVIS L. REV. 465 (1996).
- Unlocking the Jury Box, 77 POLICY REVIEW. 38 (1996) (with Akhil Amar).
- Is the Presidential Succession Law Constitutional?, 48 STAN. L. REV. 113 (1995) (with Akhil Amar).
- Jury Service as Political Participation Akin to Voting, 80 CORNELL L. REV. 203 (1995).
- Some Questions about Perfectionist Rationality Review, 45 HASTINGS L.J. 1029 (1994).
- President Quayle?, 78 VA. L. REV. 913 (1992) (with Akhil Amar).
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