Writing
Book
My 2018 book, The Iowa State Constitution, is available from Oxford University Press. For more information, please go to my page devoted to that book and to my periodic updates.
Articles
The First Amendment Speech Rights of College Student-Athletes, 31 George Mason Law Review 781 (2024), available on SSRN here.
Serious Value, Prurient Appeal, and "Obscene" Books in the Hands of Children, 31 William & Mary Bill of Rights Journal 1003 (2023), available on SSRN here.
Constructing Students' Speech Rights, from College Admissions to Professional Schools, 59 San Diego Law Review 229 (2022), available on SSRN here.
Hostile Learning Environments, the First Amendment, and Public Higher Education, 54 Connecticut Law Review 1 (2022), available on SSRN here.
A View from the Recount Room, 106 Iowa Law Review Online 37 (2021), available on SSRN here.
Judging Hypocrisy, 70 Emory Law Journal 251 (2020), available on SSRN here.
The N.R.A.'s Strict-Scrutiny Amendments, 104 Iowa Law Review 1455 (2019), available on SSRN here.
Partisanship, Social Identity, and American Government: Reality and Reflections, 22 Lewis & Clark Law Review 301 (2018), available on SSRN here.
Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study, 63 Buffalo Law Review 1 (2015), available on SSRN here.
Campaign Finance, Federalism, and the Case of the Long-Armed Donor, 81 University of Chicago Law Review Dialogue 77 (2014), available on SSRN here.
Remembering Randy Bezanson, 99 Iowa Law Review 1461 (2014), available on SSRN here.
Retention Redux: Iowa 2012, 14 Journal of Appellate Practice & Process 47 (2013), available on SSRN here.
Unions, Corporations, and the First Amendment: A Response to Professors Fisk and Chemerinsky, 99 Cornell Law Review Online 23 (2013), available on SSRN here.
The Analytic Classroom, 60 Buffalo Law Review 1255 (2012), available on SSRN here.
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, 60 Buffalo Law Review 69 (2012), available on SSRN here.
Letter from Iowa: Same-Sex Marriage and the Ouster of Three Justices, 59 Kansas Law Review 715 (2011), available on SSRN here.
Judicial Discretion in Constitutional Cases, 26 Journal of Law & Politics 123 (2011), available on SSRN here.
The Vitality of America's Sovereign, 108 Michigan Law Review 939 (2010), available on SSRN here.
Sodom's Shadow: The Uncertain Line Between Public and Private Morality, 61 Hastings Law Journal 1161 (2010), available on SSRN here.
Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule, 37 Fordham Urban Law Journal 837 (2010), available on SSRN here.
Counsel and Confrontation, 94 Minnesota Law Review 201 (2009), available on SSRN here.
The Myth of the Written Constitution, 84 Notre Dame Law Review 991 (2009), available on SSRN here.
Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted?, 86 Washington University Law Review 313 (2008), available on SSRN here.
The Immoral Application of Exclusionary Rules, 2008 Wisconsin Law Review 463, available on SSRN here.
State Habeas Relief for Federal Extrajudicial Detainees, 92 Minnesota Law Review 2654 (2007), available on SSRN here.
The Emotional Juror, 76 Fordham Law Review 1609 (2007), available on SSRN here.
Killing Roger Coleman: Habeas, Finality, and the Innocence Gap, 48 William & Mary Law Review 2313 (2007), available on SSRN here.
Choosing a Chief Justice: Presidential Prerogative or a Job for the Court?, 22 Journal of Law & Politics 231 (2006), available on SSRN here.
Our Anticompetitive Patriotism, 39 U.C. Davis Law Review 1353 (2006), available on SSRN here.
The Mobility Paradox, 92 Georgetown Law Journal 481 (2004), available on SSRN here.
Competing for the People's Affection: Federalism's Forgotten Marketplace, 56 Vanderbilt Law Review 329 (2003), available on SSRN here.
Federal Habeas Relief and the New Tolerance for "Reasonably Erroneous" Applications of Federal Law, 63 Ohio State Law Journal 731 (2002), available on SSRN here.
Evidentiary Relevance, Morally Reasonable Verdicts, and Jury Nullification, 86 Iowa Law Review 467 (2001).
The Intended Relationship Between Administrative Regulations and Section 1983's "Laws", 67 George Washington Law Review 51 (1998).
Annual Summaries of U.S. Supreme Court Rulings
Until I stepped down from the role in October 2019, I wrote an annual summary of the U.S. Supreme Court's most significant rulings in civil cases each Term for the American Judges Association. My summaries include:
Civil Cases in the Supreme Court's October 2018 Term, 55 Court Review 85 (2019), available on SSRN here.
From ALJs to Wedding Cakes: Civil Cases in the Supreme Court's October 2017 Term, 54 Court Review 116 (2018), available on SSRN here.
From Playgrounds to Plavix: Civil Cases in the Supreme Court's October 2016 Term, 53 Court Review 98 (2017), available on SSRN here.
Eight in the Eye of a Political Storm: Civil Cases in the Supreme Court's October 2015 Term, 52 Court Review 100 (2016), available on SSRN here.
Weddings, Whiter Teeth, Judicial Campaign Speech, and More: Civil Cases in the Supreme Court's 2014-2015 Term, 51 Court Review 94 (2015), available on SSRN here.
Doubting Abood, Finding Religion at Hobby Lobby, and More: Civil Cases in the Supreme Court's 2013-2014 Term, 50 Court Review 112 (2014), available on SSRN here.
More than Marriage: Civil Cases in the Supreme Court's 2012-2013 Term, 49 Court Review 164 (2013), available on SSRN here.
Other
Book Review, 76 Annals of Iowa 420 (2018) (reviewing Frank Cicero Jr., Creating the Land of Lincoln: The History and Constitutions of Illinois, 1778-1870 (University of Illinois Press 2018)), available here.
Supreme Court Supermajority Bill Might Violate Iowa Constitution, Des Moines Register (Mar. 13, 2018), available here.
My 2018 book, The Iowa State Constitution, is available from Oxford University Press. For more information, please go to my page devoted to that book and to my periodic updates.
Articles
The First Amendment Speech Rights of College Student-Athletes, 31 George Mason Law Review 781 (2024), available on SSRN here.
Serious Value, Prurient Appeal, and "Obscene" Books in the Hands of Children, 31 William & Mary Bill of Rights Journal 1003 (2023), available on SSRN here.
Constructing Students' Speech Rights, from College Admissions to Professional Schools, 59 San Diego Law Review 229 (2022), available on SSRN here.
Hostile Learning Environments, the First Amendment, and Public Higher Education, 54 Connecticut Law Review 1 (2022), available on SSRN here.
A View from the Recount Room, 106 Iowa Law Review Online 37 (2021), available on SSRN here.
Judging Hypocrisy, 70 Emory Law Journal 251 (2020), available on SSRN here.
The N.R.A.'s Strict-Scrutiny Amendments, 104 Iowa Law Review 1455 (2019), available on SSRN here.
Partisanship, Social Identity, and American Government: Reality and Reflections, 22 Lewis & Clark Law Review 301 (2018), available on SSRN here.
Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study, 63 Buffalo Law Review 1 (2015), available on SSRN here.
Campaign Finance, Federalism, and the Case of the Long-Armed Donor, 81 University of Chicago Law Review Dialogue 77 (2014), available on SSRN here.
Remembering Randy Bezanson, 99 Iowa Law Review 1461 (2014), available on SSRN here.
Retention Redux: Iowa 2012, 14 Journal of Appellate Practice & Process 47 (2013), available on SSRN here.
Unions, Corporations, and the First Amendment: A Response to Professors Fisk and Chemerinsky, 99 Cornell Law Review Online 23 (2013), available on SSRN here.
The Analytic Classroom, 60 Buffalo Law Review 1255 (2012), available on SSRN here.
Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, 60 Buffalo Law Review 69 (2012), available on SSRN here.
Letter from Iowa: Same-Sex Marriage and the Ouster of Three Justices, 59 Kansas Law Review 715 (2011), available on SSRN here.
Judicial Discretion in Constitutional Cases, 26 Journal of Law & Politics 123 (2011), available on SSRN here.
The Vitality of America's Sovereign, 108 Michigan Law Review 939 (2010), available on SSRN here.
Sodom's Shadow: The Uncertain Line Between Public and Private Morality, 61 Hastings Law Journal 1161 (2010), available on SSRN here.
Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule, 37 Fordham Urban Law Journal 837 (2010), available on SSRN here.
Counsel and Confrontation, 94 Minnesota Law Review 201 (2009), available on SSRN here.
The Myth of the Written Constitution, 84 Notre Dame Law Review 991 (2009), available on SSRN here.
Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted?, 86 Washington University Law Review 313 (2008), available on SSRN here.
The Immoral Application of Exclusionary Rules, 2008 Wisconsin Law Review 463, available on SSRN here.
State Habeas Relief for Federal Extrajudicial Detainees, 92 Minnesota Law Review 2654 (2007), available on SSRN here.
The Emotional Juror, 76 Fordham Law Review 1609 (2007), available on SSRN here.
Killing Roger Coleman: Habeas, Finality, and the Innocence Gap, 48 William & Mary Law Review 2313 (2007), available on SSRN here.
Choosing a Chief Justice: Presidential Prerogative or a Job for the Court?, 22 Journal of Law & Politics 231 (2006), available on SSRN here.
Our Anticompetitive Patriotism, 39 U.C. Davis Law Review 1353 (2006), available on SSRN here.
The Mobility Paradox, 92 Georgetown Law Journal 481 (2004), available on SSRN here.
Competing for the People's Affection: Federalism's Forgotten Marketplace, 56 Vanderbilt Law Review 329 (2003), available on SSRN here.
Federal Habeas Relief and the New Tolerance for "Reasonably Erroneous" Applications of Federal Law, 63 Ohio State Law Journal 731 (2002), available on SSRN here.
Evidentiary Relevance, Morally Reasonable Verdicts, and Jury Nullification, 86 Iowa Law Review 467 (2001).
The Intended Relationship Between Administrative Regulations and Section 1983's "Laws", 67 George Washington Law Review 51 (1998).
Annual Summaries of U.S. Supreme Court Rulings
Until I stepped down from the role in October 2019, I wrote an annual summary of the U.S. Supreme Court's most significant rulings in civil cases each Term for the American Judges Association. My summaries include:
Civil Cases in the Supreme Court's October 2018 Term, 55 Court Review 85 (2019), available on SSRN here.
From ALJs to Wedding Cakes: Civil Cases in the Supreme Court's October 2017 Term, 54 Court Review 116 (2018), available on SSRN here.
From Playgrounds to Plavix: Civil Cases in the Supreme Court's October 2016 Term, 53 Court Review 98 (2017), available on SSRN here.
Eight in the Eye of a Political Storm: Civil Cases in the Supreme Court's October 2015 Term, 52 Court Review 100 (2016), available on SSRN here.
Weddings, Whiter Teeth, Judicial Campaign Speech, and More: Civil Cases in the Supreme Court's 2014-2015 Term, 51 Court Review 94 (2015), available on SSRN here.
Doubting Abood, Finding Religion at Hobby Lobby, and More: Civil Cases in the Supreme Court's 2013-2014 Term, 50 Court Review 112 (2014), available on SSRN here.
More than Marriage: Civil Cases in the Supreme Court's 2012-2013 Term, 49 Court Review 164 (2013), available on SSRN here.
Other
Book Review, 76 Annals of Iowa 420 (2018) (reviewing Frank Cicero Jr., Creating the Land of Lincoln: The History and Constitutions of Illinois, 1778-1870 (University of Illinois Press 2018)), available here.
Supreme Court Supermajority Bill Might Violate Iowa Constitution, Des Moines Register (Mar. 13, 2018), available here.