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Director, Constitutional Rights & Remedies Program and Professor
- Vicarious Liability for Capital Aggravating Factors: A Bridge too Far, co-authored with Justin Marceau, __ FLORIDA LAW REVIEW ___ (forthcoming 2013).
- Medical Marijuana in Colorado and the Future of Marijuana Regulation in the United States, 43 McGeorge Law Review 147 (2012).
- Medical Marijuana Lawyers: Outlaws or Crusaders?, co-authored with Eli Wald, ___ OREGON LAW REVIEW ___ (forthcoming 2012).
- Colorado Capital Punishment: An Empirical Study, co-authored with Justin Marceau and Wanda Foglia, ___ COLORADO LAW REVIEW ___ (forthcoming 2012).
- Medical Marijuana in Colorado and the Future of Marijuana Regulation in the United States, 43 MCGEORGE LAW REVIEW 147 (2012).
- Duke Lacrosse, Prosecutorial Misconduct, and the Limits of the Civil Justice System, ch. in Institutional Failures: Duke Lacrosse, Universities, the News Media, and the Legal System (Ashgate Press 2011).
- The Facts about Ring v. Arizona and the Jury’s Role in Capital Sentencing, co-authored with Justin Marceau, 13 JOURNAL OF CONSTITUTIONAL LAW 529 (2011).
- An Article III Defense of Merits-First Decisionmaking in Civil Rights Litigation: The Continued Viability of Saucier v. Katz, 16 GEO. MASON L. REV 53 (2008).
- An Article III Defense of Merits-First Decisionmaking in Civil Rights Litigation: The Continued Viability of Saucier v. Katz, 16 GEORGE MASON LAW REVIEW 53 (2008).
- How the War on Terror May Affect Domestic Interrogations: The 24 Effect, 4 Chapman U. L. Rev. ___ (forthcoming 2007).
- How the Blogs Saved Law School: Why a Diversity of Voices Will Undermine the U.S. News & World Report Rankings, 81 Ind. L.J. 375 Indiana Law Journal Winter, 2006 Symposium: The Next Generation of Law School Rankings.
- The Cultural Lives of Capital Punishment: Comparative Perspectives, Austin Sarat and Christian Boulanger, Eds. Stanford University Press (2005), 9(3) Punishment and Society 331 (2007).
- Death Qualification and True Bifurcation: Building on the Massachusetts Governor's Council's Report, 80 Ind. L.J. 131 Indiana Law Journal Winter, 2005 Symposium Jeffrey J. Pokorak.
- Symposium: Toward a Model Death Penalty Code: The Massachusetts Governor's Council Report, Panel Discussion, 80 INDIANA LAW JOURNAL 91 (2005).
- The Private is Public: The Relevance of Private Actors in Defining the Fourth Amendment, in Civil Rights Litigation and Attorney Fees Handbook (Steven Saltzman, ed., 2005).
- The Private is Public: The Relevance of Private Actors In Defining the Fourth Amendment, 46 B.C. L. Rev. 83 Boston College Law Review December, 2004 Article.
- Amicus Curiae Brief of the California Public Defenders Association in Support of Respondent in Lockyer v. Andrade, 123 S.Ct. 1166 (2003).
- Facts, Fallacies and the California Three Strikes, 40 Duq. L. Rev. 605 Duquesne Law Review Spring 2002 Rebuttal Franklin E. Zimring.
- Harmless Error and the Rights/Remedies Split, 88 Va. L. Rev. 1 Virginia Law Review March 2002 Article.
- Little Brothers are Watching You: The Importance of Private Actors in the Making of Fourth Amendment Law, 79 Denv. U. L. Rev. 517 Denver University Law Review 2002.
- Punishment and Democracy: Three Strikes and You're Out in California co-authored with Franklin E. Zimring and Gordon Hawkins, (Oxford University Press, 2001).
- Crime & Punishment in California: The Impact of Three Strikes and You're Out co-authored with Franklin E. Zimring and Gordon Hawkins, (Institute of Governmental Studies Press, 1999).
- Law and Technology: The Case for a Smart Gun Detector, 59-WTR Law & Contemp. Probs. 221 Law and Contemporary Problems Winter 1996 Kids, Guns, and Public Policy.
- The Effect of "Three Strikes and You're Out" on the Courts: Looking Back to See the Future, In Three Strikes And You're Out: Vengeance As Public Policy (David Shichor & Dale K. Sechrest, eds., 1996) (with Malcolm Feeley).