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: Tweak the Guiding Paradigm, 104 JUDICATURE 67 (Summer 2020). [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 American Judicature Society and Judicial Independence: Reflections at the Century Mark, 96 JUDICATURE 257 (2013). [HeinOnline]
Judicial Selection Reconsidered: A Plea for Radical Moderation, 35 HARVARD JOURNAL OF LAW & PUBLIC POLICY 623 (2012). [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 Movement 48 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).
Judicial Independence, Judicial Accountability, and the Role of Constitutional Norms in Congressional Regulation of the Courts, 78 INDIANA LAW JOURNAL 153 (2003). [SSRN] [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]
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]