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Books
JUDICIAL CONDUCT AND ETHICS, 6th Ed., (with James Alfini and James Sample). Lexis Law Publishing, 2020.
JUDICIAL DISQUALIFICATION: AN ANALYSIS OF FEDERAL LAW, 3rd Ed. Washington D.C.: Federal Judicial Center, 2020.
WHO IS TO JUDGE?: THE PERENNIAL DEBATE OVER WHETHER TO ELECT OR APPOINT AMERICA'S JUDGES. New York: Oxford University Press, 2019.
UNDERSTANDING CIVIL PROCEDURE, 6th Ed. (with Gene R. Shreve and Peter Raven-Hansen), Durham, NC: Carolina Academic Press, 2018.
LEGAL ETHICS, PROFESSIONAL RESPONSIBILITY, AND THE LEGAL PROFESSION (with William D. Henderson, et.al.). St. Paul, MN: West Academic Publishing, 2018.
COURTING PERIL: THE POLITICAL TRANSFORMATION OF THE AMERICAN JUDICIARY. New York: Oxford University Press, 2016.
JUDICIAL CONDUCT AND ETHICS, 5th Ed. (with J.J. Alfini, et.al.). New Providence, NJ: LexisNexis, 2013. Supplements: 2015, 2017.
UNDERSTANDING CIVIL PROCEDURE, 5th Ed. (with Gene R. Shreve and Peter Raven-Hansen). New Providence, NJ: LexisNexis, 2013.
UNDERSTANDING CIVIL PROCEDURE, California Ed.. (with Gene R. Shreve and Peter Raven-Hansen). New Providence, NJ: LexisNexis, 2013.
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.
JUDICIAL DISQUALIFICATION: AN ANALYSIS OF FEDERAL LAW, 2nd Ed. Washington D.C.: Federal Judicial Center, 2010.
REPORTERS' NOTES TO THE MODEL CODE OF JUDICIAL CONDUCT (with W. William Hodes). Chicago: American Bar Association, 2009.
REPORT OF THE JUDICIAL DISQUALIFICATION PROJECT (with Kathleen Lee). Chicago: American Bar Association, 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.
WHEN COURTS AND CONGRESS COLLIDE: THE STRUGGLE FOR CONTROL OF AMERICA'S JUDICIAL SYSTEM. Ann Arbor: University of Michigan Press, 2006.
JUSTICE IN JEOPARDY: REPORT OF THE COMMISSION ON THE 21ST CENTURY JUDICIARY. Chicago: American Bar Association, 2003.
REPORT OF THE COMMISSION ON PUBLIC FINANCING OF JUDICIAL CAMPAIGNS. Chicago: American Bar Association, 2002.
JUDICIAL CONDUCT AND ETHICS, 2004 SUPPLEMENT (with Stephen Lubet and James Alfini). Charlottesville, VA: Lexis Law, 2000.
AN INDEPENDENT JUDICIARY: REPORT OF THE COMMISSION ON SEPARATION OF POWERS AND JUDICIAL INDEPENDENCE. Washington, DC: American Bar Association, 1997.
Articles
The Architecture of Judicial Ethics, 169 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 2351 (2021). [HeinOnline], also printed in 23 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 2289 (2021). [HeinOnline]
Judicial Independence at Twilight, 71 CASE WESTERN RESERVE LAW REVIEW 11045 (2021). [HeinOnline]
Judicial Independence: Tweak the Guiding Paradigm, 104 JUDICATURE 67 (Summer 2020). [HeinOnline]
Judicial Ethics: A New Paradigm for a New Era, 9 ST. MARY'S JOURNAL ON LEGAL MALPRACTICE AND ETHICS 238 (2019). [HeinOnline]
Judicial Selection and the Search for Middle Ground, 67 DEPAUL LAW REVIEW 333 (2018). [HeinOnline]
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 State of Recusal Reform (with Myles Link, et. al.), 18 NEW YORK UNIVERSITY JOURNAL OF LEGISLATION AND PUBLIC POLICY 515 (2015). [HeinOnline]
Judicial Independence as an Organizing Principle, 10 ANNUAL REVIEW OF LAW AND SOCIAL SCIENCE 185 (2014). [SSRN]
The American Judicature Society and Judicial Independence: Reflections at the Century Mark, 96 JUDICATURE 257 (2013). [HeinOnline]
The Dimensions of Judicial Impartiality 65 FLORIDA LAW REVIEW 493 (2013). [HeinOnline] [SSRN]
Can the Rule of Law Survive Judicial Politics?, 97 CORNELL LAW REVIEW 191 (2012). [HeinOnline] [SSRN]
Judicial Selection Reconsidered: A Plea for Radical Moderation, 35 HARVARD JOURNAL OF LAW & PUBLIC POLICY 623 (2012). [HeinOnline]
Why Judicial Disqualification Matters. Again., 30 REVIEW OF LITIGATION 671 (2011). [HeinOnline]
Judicial Elections in the Aftermath of White, Caperton, and Citizens United, 53 ADVOCATE 78 (2010). [HeinOnline]
Judicial Selection, Judicial Disqualification, and the Role of Money in Judicial Campaigns, 42 MCGEORGE LAW REVIEW 85 (2010). [HeinOnline]
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]
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).
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]
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.
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)
Rethinking Judicial Elections, BILL OF PARTICULARS 5 (Spring 2003).
Why Judicial Elections Stink, 64 OHIO STATE LAW JOURNAL 43 (2003). [HeinOnline]
Judicial Independence, Judicial Accountability, and the Role of Constitutional Norms in Congressional Regulation of the Courts, 78 INDIANA LAW JOURNAL 153 (2003). [SSRN] [HeinOnline]
Publicly Financed Judicial Elections: An Overview, 34 LOYOLA OF LOS ANGELES LAW REVIEW 1467 (2001). [HeinOnline]
The Independence of the Judicial Branch in the New Republic (with Emily Field Van Tassel), 74 CHICAGO-KENT LAW REVIEW 31 (1998). [HeinOnline]
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]
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]
Informal Methods of Judicial Discipline, 142 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 243 (1993). [HeinOnline]
Complex Litigation Reform and the Legislative Process, 10 REVIEW OF LITIGATION 401 (1991). [HeinOnline]
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]
Note. “It’s My Party and I’ll Cry If I Want To”: State Intrusions Upon the Associational Freedoms of Political Parties—Democratic Party of the United States v. Wisconsin ex rel. La Follette, 1983 WISCONSIN LAW REVIEW 211 (1983). [HeinOnline]
Book Chapters
The Challenge of Judicial Independence, in THE CONSTITUTION IN 5 MINUTES (D. Klein and J.L. Smith, eds.), Equinox Publishing (2023).
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.
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 Criticism and Speech of Judges in the United States, in JUDICIARIES IN COMPARATIVE PERSPECTIVE (H.P. Lee, Ed.). Cambridge: Cambridge 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.
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.
Customary Independence, in JUDICIAL INDEPENDENCE AT THE CROSS-ROADS: AN INTERDISCIPLINARY APPROACH (Stephen B. Burbank and Barry Friedman, Eds.). Thousand Oaks, CA: Sage Publications, 2002.
Judicial Independence and Accountability, in THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE, 7th Ed. (Gordon M. Griller and E. Keith Stott, Eds.). Chicago: American Bar Association, 2002.
Defending Justice: The Courts, Criticism and Intimidation, in UNCERTAIN JUSTICE: POLITICS AND AMERICA’S COURTS: THE REPORTS OF THE TASK FORCES OF CITIZENS FOR INDEPENDENT COURTS. New York: Century Foundation Press, 2000.
Overcoming the Competence/Credibility Paradox in Judicial Impact Assessment: The Need for an Independent Office of Interbranch Relations, in CONFERENCE ON ASSESSING THE EFFECTS OF LEGISLATION ON THE WORKLOAD OF THE COURTS: PAPERS AND PROCEEDINGS (A. Fletcher Mangum, Ed.). Washington, DC: Federal Judicial Center, 1995.
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.
Book Reviews
Book Review. The Judge in a Democracy, 42 TRIAL 70 (October 2006).
Book Review. Courts, Congress, and the Constitutional Politics of Interbranch Restraint, Katzmann, R.A., Courts and Congress, 87 GEORGETOWN LAW JOURNAL 243 (1998). [ HeinOnline]
Book Review. Gravelitis Misdiagnosed, Boot, Out of Order: Arrogance, Corruption, and Incompetence on the Bench, 82 JUDICATURE 42 (July-August 1998).
Editorials & Commentaries
Judicial Independence in a Polarized Age, AMERICAN JUDICATURE SOCIETY BULLETIN (forthcoming, 2022).
Considering Reconsidering Judicial Independence, 168 UNIVERSITY OF PENNSYLVANIA LAW REVIEW ONLINE 35 (2019-2020). [HeinOnline]
The Supreme Court Is Losing its Luster, 247 THE NEW REPUBLIC (Mar. 11, 2016).
What Would Nino Do With Garland's Nomination? (with Steven Lubet), 247 NATIONAL LAW JOURNAL (May 9, 2016).
Why Isn't Trump Using the Law to Back Up His Mouth?, 247 THE NEW REPUBLIC (June 6, 2016).
SCOTUS Needs a Code of Ethics (with Stephen Gillers), POLITICO (Aug. 8, 2013).
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).
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).
Blog Posts
The Conversation -- The Conversation: Academic rigor, journalistic flair "is a nonprofit, independent news organization dedicated to unlocking the knowledge of experts for the public good. We publish trustworthy and informative articles written by academic experts for the general public and edited by our team of journalists." (About)
In Trump election fraud cases, federal judges upheld the rule of law – but that’s not enough to fix US politics (Dec. 18, 2020).
Supreme Court Losing Luster in Public's Eyes (Mar. 11, 2016).
John F. Kimberling Professor of Law