What authority does the President have during a public health crisis? |
2020-04-20 |
Interview |
Scholarship in Review: A Response to David S. Schwartz's the Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v.
Maryland: McCulloch's 'Perpetually Arising' Questions |
2020 |
Journal Article |
Scholarship in Review: A Response to David S. Schwartz's the Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland: Burying McCulloch |
2020 |
Journal Article |
Judicial Capacity, Causation, and History: Next Steps for the Judicial Capacity Model |
2020 |
Journal Article |
Coin, Currency, and Constitution: Reconsidering the National Bank Precedent |
2020 |
Journal Article |
Madison's Waiver: Can Constitutional Liquidation be Liquidated? |
2019-09 |
Journal Article |
The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland |
2019 |
Book |
Defying McCulloch? Jackson’s Bank Veto Reconsidered |
2019 |
Journal Article |
McCulloch at 200 |
2019 |
Journal Article |
What is Relative Plausibility? |
2019 |
Journal Article |
An Error and an Evil: The Strange History of Implied Commerce Powers |
2019 |
Journal Article |
Constitutional Law: A Context and Practice Casebook (2nd Edition) |
2017 |
Book |
Appendix: Conjunction-Problem v. Non-Conjunction-Problem Jurisdictions |
2017 |
Journal Article |
An Excess of Discretion? "Thayer's Triumph" and the Uncodified Exclusion of Speculative Evidence |
2017 |
Journal Article |
The Conjunction Problem and the Logic of Jury Findings |
2017 |
Journal Article |
A Question Perpetually Arising: Implied Powers, Capable Federalism, and the Limits of Enumerationism |
2017 |
Journal Article |
An Analytical Approach to Evidence: Text, Problems and Cases (6th edition) |
2016 |
Book |
Justice Scalia's Jiggery-Pokery in Federal Arbitration Law |
2016 |
Journal Article |
Disfavored Treatment of Third-Party Guilt Evidence |
2016 |
Journal Article |
Misreading McCulloch v. Maryland |
2015 |
Journal Article |
Presidential Politics as a Safeguard of Federalism: The Case of Marijuana Legalization |
2014 |
Journal Article |
Constitutional Law: A Context and Practice Casebook |
2013 |
Book |
High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States |
2013 |
Journal Article |
Claim-Suppressing Arbitration: The New Rules |
2012 |
Journal Article |
Reply to Professor Rothstein |
2012 |
Journal Article |