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Gun Regulation After Loper Bright: The Statutory Interpretation/Policymaking Continuum, 73 Buffalo Law Review __ (forthcoming 2025)

“One-Offs,” 109 Cornell Law Review 263 (2024)

Cleansing Animus: The Path through Arlington Heights, 74 Alabama Law Review 541 (2023)

Teach Your Citizens Well: Demeaning Government Speech, Equal Protection Animus, and Government’s Legitimate Power, 2022 University of Illinois Law Review 1861 (2022)

Disgust and Guns: Conduct, Identity, and Second Amendment Animus, 116 Northwestern University Law Review 1365 (2022)

The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, 87 Brooklyn Law Review 247 (2021)

Foreword: The Free Speech Record of the Roberts Court, 87 Brooklyn Law Review 1 (2021)

Left/Right: Managing the Coming Clash Between Congressional Rights Enforcement and Judicial Doctrine, 23 University of Pennsylvania Journal of Constitutional Law 713 (2021)

Objectively Correct, 71 Florida Law Review Forum 68 (2020)

Toward a Non-Delegation Doctrine That (Even) Progressives Could Like, 3 American Constitution Supreme Court Review 211 (2019)

The Contributions of William Funk to American Constitutional Law Scholarship, 23 Lewis & Clark Law Review 1417 (2020)     

Invasion of the Content Neutrality Rule, 2019 Brigham Young University Law Review 875 (2019)

Introduction: Symposium: Incitement at 100--and 50--and Today: Free Speech and Violence in the Modern World, 85 Brooklyn Law Review 1 (2019) (with (with Joel Gora)

Animus and Its Discontents, 71 Florida Law Review 155 (2019)

Response: Animus, its Critics, and its Potential, 48 Stetson Law Review 275 (2019)

Call It by Its Name, 48 Stetson Law Review 181 (2019)

Reciprocal Concealed Carry: The Constitutional Issues, 46 Hastings Constitutional Law Quarterly 571 (2019)

The Once and (Maybe) Future Klein Principle, 74 Washington and Lee Law Review Online 383 (2018)

No Cake for You: Discrimination, Dignity, and Refusals to Serve, 19 Marquette Benefits & Social Welfare Law Review 115 (2018)

If It’s Tuesday, This Must Be Procreation: Methodology and Subject-Matter I Fourteenth Amendment Pedagogy, 62 Saint Louis University Law Journal 623 (2018)

Arming the Second Amendment—And Enforcing the Fourteenth, 74 Washington & Lee Law Review 1801 (2017).

Samuel Alito: Populist, 103 Cornell Law Review Online 101 (2017)

Was Cleburne an Accident?, 19 University of Pennsylvania Journal of Constitutional Law 621 (2017)

After the Tiers: Windsor, Congressional Power to Enforce Equal Protection, and the Challenge of Pointillist Constitutionalism, 94 Boston University Law Review 367 (2014)

Deference to Congressional Factfinding in Rights-Enforcing and Rights-Limiting Legislation, 88 New York University Law Review 878 (2013)

Flunking the Class of One/Failing Equal Protection, 55 William & Mary Law Review 435 (2013)

The Public Trust Doctrine as an Interpretive Canon, 45 University of California at Davis Law Review 693 (2012)

Book Review, Back to the Future, 28 Constitutional Commentary 111 (2012) (reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights against Progressive Reform (2011))

Justice Stevens and Constitutional Adjudication: The Law Beyond the Rules, 44 Loyola of Los Angeles Law Review 889 (2011)

Playing Well With Others – But Stll Winning: Chief Justice Roberts, Precedent, and the Possibilities of a Multi Member Court, 46 Georgia Law Review 1059 (2011)

Citizens United, Stevens and Humanitarian Law Project: First Amendment Rules and Standards in Three Acts, 40 Stetson Law Review 827 (2011)

New Groups and Old Doctrine: Rethinking Congressional Power to Enforce the Equal Protection Clause, 37 Florida State University Law Review 451

Constitutional Rules and Institutional Roles: Lessons from the Equal Protection Class of One, 62 Southern Methodist University Law Review 27 (2009)

Irrationality and Animus in Class-of-One Equal Protection Cases, 34 Ecology Law Quarterly 34 493 (2007)

Foreign and International Law in Constitutional Gay Rights Litigation: What Claims, What Use and Whose Law?, 32 William Mitchell Law Review 455 (2006)

Limits on Agency Discretion to Choose Between Rulemaking and Adjudication: Reconsidering Patel v. INS and Ford Motor Co. v. FTC, 58 Administrative Law Review 899 (2006)

The Section 5 Power and the Rational Basis Standard of Equal Protection, 79 Tulane Law Review 519 (2005)

Amicus Brief in Norton v. Southern Utah Wilderness Alliance, 34 Environmental Law Reporter 10443 (2004)

Court, Congress and Equal Protection: What Brown Teaches Us about the Section 5 Power, 47 Howard Law Journal 199 (2004)

In Praise of a Skeletal APA: Judicial Discretion, Remedies for Agency Inaction and APA Amendment, 56 Administrative Law Review 979 (2004)

The Section 5 Power after Tennessee v. Lane, 32 Pepperdine Law Review 39 (2004)

Captive Audiences, Children and the Internet, 41 Brandeis Law Journal 397 (2003)

ENDA Before It Starts: Section 5 of the Fourteenth Amendment and the Availability of Damages Awards to Gay State Employees under the Proposed Employment Non-Discrimination Act, 22 Boston College Third World Law Journal 1 (2002)

Judicial and Legislative Checks on Ex Parte OMB Influence over Administrative Rulemaking, 54 Administrative Law Review 611 (2002)

Agency Adjudication, the Importance of Facts and the Limitations of Labels, 57 Washington and Lee Law Review 351 (2000)

Alden and the Web of Environmental Law, 33 Loyola of Los Angles Law Review 1513 (2000)

The Trouble with Robertson: Equal Protection, the Separation of Powers and the Line Between Statutory Amendment and Statutory Interpretation, 48 Catholic University Law Review 1055 (1999)

Democracy, Distrust and the Public Trust: Process-Based Constitutional Theory, the Public Trust Doctrine and the Search for a Substantive Environmental Value, 45 UCLA Law Review 385 (1997)

Text, Purpose and Facts: the Relationship Between CERCLA Sections 107 and 113, 72 Notre Dame Law Review 193 (1996)

Notice-and-Comment Rights for Administrative Decisions Affecting International Trade: Heightened Need, No Response, 99 Yale Law Journal 669 (1989)

Constitutional Law: Cases, Approaches, and Applications (Carolina Ó£ÌÒÊÓƵ Press Second Ed. 2020)

First Amendment Law: Freedom of Expression and Freedom of Religion (Carolina Ó£ÌÒÊÓƵ Press Fourth Ed. 2018) (with A.D. Hellman, T.E. Baker, & A. A. Bhagwat)

Animus: A Short Introduction to Bias in the Law (New York University Press 2017)

Constitutional Law: Cases, Approaches, and Applications (Carolina Ó£ÌÒÊÓƵ Press 2016)

Enforcing the Equal Protection Clause: Congressional Power, Judicial Doctrine, and Constitutional Law (New York University Press 2016)

First Amendment Law: Freedom of Expression and Freedom of Religion (3d edition, 2014) (with A.D. Hellman & T.E. Baker)

The Troubled Adolescence of City of Boerne v. Flores, in Controversies in Equal Protection Cases in America (A. Richardson ed.) (2015)

Reinventing Regulation/Reinventing Accountability: Judicial Review in New Governance Regimes, 28 Windsor Yearbook of Access to Justice 361 (2010)

The Enforcement Power in Crisis, 18 University of Pennsylvania Journal of Constitutional Law Online (2015)

The Institutional Press, the Internet and the Paradox of the Press Clause, reprinted in Free Speech in an Internet Era (Clive Walker & Russell Weaver, eds) (2013)

Apoplectic About Hyperlexis, 80 Fordham Law Review Res Gestae 69 (2012)

Campaign Finance Regulation: The Resilience of the American Model, 2 Amsterdam Law Forum 55 (2009)