The Changing Legal Landscape of Judicial Elections (with Katherine Thrapp) in JUDICIAL ELECTIONS IN THE 21st CENTURY (C.W. Bonneau and M.G. Hall, Eds.). New York: Routledge, Taylor & Francis Group, 2017.
COURTING PERIL: THE POLITICAL TRANSFORMATION OF THE AMERICAN JUDICIARY. New York: Oxford University Press, 2016.
The Jekyll and Hyde of First Amendment Limits on the Regulation of Judicial Campaign Speech, 68 VANDERBILT LAW REVIEW EN BANC 83 (2015). [HeinOnline]
The Use and Abuse of Empirical Evidence in Support of Normative Arguments on Judicial Selection (with Anita Foss) in MAKING LAW AND COURTS RELEVANT: THE NORMATIVE IMPLICATIONS OF EMPIRICAL RESEARCH (B.L. Bartels and C.W. Bonneau, Eds.). New York: Routledge, Taylor & Francis Group, 2015.
The Transformation of the American Judiciary in THE WAR ON THE JUDICIARY: CAN INDEPENDENT JUDGING SURVIVE? (2013 FORUM FOR STATE APPELLATE COURT JUDGES). Washington, D.C.: Pound Civil Justice Institute, 2014.
The American Judicature Society and Judicial Independence: Reflections at the Century Mark, 96 JUDICATURE 257 (2013). [HeinOnline]
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Judicial Selection Reconsidered: A Plea for Radical Moderation, 35 HARVARD JOURNAL OF LAW & PUBLIC POLICY 623 (2012). [HeinOnline]
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WHAT'S LAW GOT TO DO WITH IT?: WHAT JUDGES DO, WHY THEY DO IT, AND WHAT'S AT STAKE. Stanford, CA: Stanford University Press, 2011.
Introduction, So What Does Law Have to Do with It?, in WHAT'S LAW GOT TO DO WITH IT?: WHAT JUDGES DO, WHY THEY DO IT, AND WHAT'S AT STAKE. (C.G. Geyh, Ed.). Stanford, CA: Stanford University Press, 2011.
The Choreography of Courts-Congress Conflicts, in THE POLITICS OF JUDICIAL INDEPENDENCE: COURTS, POLITICS, AND THE PUBLIC (B. Peabody, Ed.). Baltimore: Johns Hopkins University Press, 2011.
JUDICIAL DISQUALIFICATION: AN ANALYSIS OF FEDERAL LAW, 2nd Ed. Washington D.C.: Federal Judicial Center, 2010.
Judicial Selection, Judicial Disqualification, and the Role of Money in Judicial Campaigns, 42 MCGEORGE LAW REVIEW 85 (2010). [HeinOnline]
REPORTERS' NOTES TO THE MODEL CODE OF JUDICIAL CONDUCT (with W. William Hodes). Chicago: American Bar Association, 2009.
The Endless Judicial Selection Debate and Why It Matters for Judicial Independence, 21 GEORGETOWN JOURNAL OF LEGAL ETHICS 1259 (2008). [SSRN] [HeinOnline]
Methods of Judicial Selection and Their Impact on Judicial Independence, 137 DAEDALUS 86 (2008). [Journal Website]
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Straddling the Fence Between Truth and Pretense: The Role of Law and Preference in Judicial Decision Making and the Future of Judicial Independence, 22 NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY 435 (2008). [SSRN] [HeinOnline]
Taking Disqualification Seriously (with Kathleen Lee), 92 JUDICATURE 12 (2008).
WHEN COURTS AND CONGRESS COLLIDE: THE STRUGGLE FOR CONTROL OF AMERICA'S JUDICIAL SYSTEM, Paperback Ed. (with foreword by Justice Sandra Day O’Connor). Ann Arbor: University of Michigan Press, 2008.
JUDICIAL CONDUCT AND ETHICS, 4th Ed. (with Jeffrey Shaman, et al.). Newark, NJ: LexisNexis, 2007. Biannual Supplements: 2009, 2011.
Preserving Public Confidence in the Courts in an Age of Individual Rights and Public Skepticism, in BENCH-PRESS: THE COLLISION OF COURTS, POLITICS, AND THE MEDIA (Keith J. Bybee, Ed.). Palo Alto: Stanford University Press, 2007.
Roscoe Pound and the Future of the Good Government Movement48 SOUTH TEXAS LAW REVIEW 871 (2007). [SSRN] [HeinOnline]
The State of the Onion: Peeling Back the Layers of America’s Ambivalence Toward Judicial Independence, 82 INDIANA LAW JOURNAL 1215 (2007). [SSRN] [HeinOnline]
Book Review. The Judge in a Democracy, 42 TRIAL 70 (October 2006).
Rescuing Judicial Accountability from the Realm of Political Rhetoric, 56 CASE WESTERN RESERVE LAW REVIEW 911 (2006) [SSRN] [HeinOnline]. Reprinted in JUDICIAL ACTIVISM: NEED FOR REFORMS (A. Krishna Kumari, Ed.). Hyderabad: ICFAI University Press, 2008.
Save the Judges (with William Sessions), THE LEGAL TIMES (July 24, 2006).
Voters: Keep Judge Decision in Your Hands, THE INDIANAPOLIS STAR (January 26, 2006).
WHEN COURTS AND CONGRESS COLLIDE: THE STRUGGLE FOR CONTROL OF AMERICA'S JUDICIAL SYSTEM. Ann Arbor: University of Michigan Press, 2006.
Why Courts and Congress Collide, and Why their Conflicts Subside, 7 INSIGHTS ON LAW AND SOCIETY 7 (Fall 2006).
Judges, Not Pawns, NEWSDAY (April 10, 2005).
The Judgment of the Boss on Bossing the Judges: Bruce Springsteen, Judicial Independence, and the Rule of Law, 14 WIDENER LAW JOURNAL 885 (2005). [SSRN] [HeinOnline]
Are Judges Who Borrow From Lawyers’ Briefs Committing Plagiarism?, THE PRUDENT JURIST (November/December 2003)
JUSTICE IN JEOPARDY: REPORT OF THE COMMISSION ON THE 21ST CENTURY JUDICIARY. Chicago: American Bar Association, 2003.
Rethinking Judicial Elections, BILL OF PARTICULARS 5 (Spring 2003).
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Paradise Lost, Paradigm Found: Redefining the Judiciary’s Imperiled Role in Congress, 71 NEW YORK UNIVERSITY LAW REVIEW 1165 (1996). [HeinOnline]
Highlighting a Low Point on a High Court: Some Thoughts on the Removal of Pennsylvania Supreme Court Justice Rolf Larsen and the Limits of Judicial Self-Regulation, 68 TEMPLE LAW REVIEW 1041 (1995). [HeinOnline]
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Adverse Publicity as a Means of Reducing Judicial Decision-Making Delay: Periodic Disclosure of Pending Motions, Bench Trials and Cases Under the Civil Justice Reform Act, 41 CLEVELAND STATE LAW REVIEW 511 (1993). [HeinOnline]
Complex Litigation Reform and the Legislative Process, 10 REVIEW OF LITIGATION 401 (1991). [HeinOnline]
Means of Judicial Discipline Other Than Those Prescribed by the Judicial Discipline Statute, in REPORT OF THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL. Washington, DC: National Commission on Judicial Discipline and Removal, 1993.
The Case in Support of Legislation Facilitating the Consolidation of Mass Accident Litigation: A View from the Legislature (with Robert W. Kastenmeier), 73 MARQUETTE LAW REVIEW 535 (1990). [HeinOnline]
The Regulation of Speech Incident to the Sale or Promotion of Goods and Services: A Multifactor Approach, 52 UNIVERSITY OF PITTSBURGH LAW REVIEW 1 (1990). [HeinOnline]
The Testimonial Component of the Right Against Self-Incrimination, 36 CATHOLIC UNIVERSITY LAW REVIEW 611 (1987). [HeinOnline]
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