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    Scholarly Publications

    “The War Crimes Trial That Never Was: An Inquiry into the War on Terrorism, the Laws of War, and Presidential Accountability.”  University of San Francisco Law Review 45 (2011): 959-1004 (evaluates the treatment of detainees in U.S. custody during the war against terrorism and outlines what might be accomplished by criminal prosecutions for violations of international humanitarian law).
    Full Text: HEIN | WWW

    “The Illusion of Accountability: The Idea of an American Truth Commission on Torture.” Global Dialogue, vol. 12 (winter/spring 2010) (questions the institutional capacity of an independent commission to investigate allegations of prisoner abuse in the war against terrorism).
    Full Text: WWW

    “What Would Warren Do? A Brief Historical Comment on Brown and Parents Involved.” Tennessee Law Review 76 (2008): 159-86 (argues that the Supreme Court’s plurality opinion in Parents Involved distorted the central meaning of Brown by stripping the principles stated in that landmark opinion from the historical and cultural context in which they were made).
    Full Text: HEIN | WWW

    “Mad about Yoo, or, Why Worry about the Next Unconstitutional War?” Journal of Law & Politics 24 (2008): 93-128 (analyzes historical, textual, and structural arguments concerning the constitutional allocation of legislative and executive powers to decide to use force abroad).
    Full Text: HEIN | WWW

    Brown v. Board of Education and Judicial Craftmanship.” Education Law Review 35 (2006): 178-90 (building on Jack M. Balkin’s edited collection of revisionist opinions in What Brown v. Board of Education Should Have Said, this essay argues that, when seen in political context, Chief Justice Warren’s opinion was a model study of legal craftsmanship, contrary to the conventional view of his decision-making).

    “War, Politics, and the U.S. Constitution Today.” Nomos 16 (2005): 41-50 (argues that a structural method of constitutional interpretation offers the most promising analytic approach to allocate institutional authority over the power to go to war).
    Full Text: WWW

    Justice Curtis in the Civil War Era: At the Crossroads of American Constitutionalism (Go to University of Virginia Press, 2005).

    “Robert Cooper Grier,” in American National Biography, ed. John A. Garraty and Mark C. Carnes. New York: Oxford University Press, 1999. 9: 583-84.
    Full Text: WWW

    “Joel Parker,” in American National Biography (1999). 17: 31-32.
    Full Text: WWW

    “Justice Curtis’s Dissent in the Dred Scott Case: An Interpretive Study.” Hastings Constitutional Law Quarterly 24 (1997): 509-44 (offers a new interpretation of Curtis’s constitutional arguments in his famous dissenting opinion by outlining the potentially far-reaching implications of his view of African-American citizenship and by explaining how he employed a structural argument to justify Congress’s plenary power to regulate slavery in the territories).
    Full Text: HEIN

    “Double Jeopardy and Federal Prosecution after State Jury Acquittal.Michigan Law Review 80 (1982): 1073-94 (explores the tension between protecting the rights of the accused under the double jeopardy clause and federal prosecutorial interests in promoting civil rights in high-profile cases of police brutality).
    Full Text: HEIN

    Book Reviews

    Review of The People’s Darling Privilege: Struggles for Freedom of Expression in American History, by Michael Kent Curtis. In Law and Politics Book Review 11 (2001): 324-26.
    Full Text: WWW

    Review of Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era, by Herman Belz. In American Journal of Legal History 43 (1999): 108-9.
    Full Text: HEIN | JSTOR

    Review of The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt, by William E. Leuchtenburg. In American Journal of Legal History 40 (1996): 223-24.
    Full Text: HEIN | JSTOR

    Other Publications

    “The Worst Decision Ever?” Legal Times, 12 Mar. 2007.
    Full Text: WWW

    “Capital Punishment: Arbitrariness Undermines Integrity of Justice System.” Miami Herald, 13 July 2006.
    Full Text: WWW

    “Gergengate.The Nation, 19 July 1993.