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Multiple Defendant Cases: When the Death Penalty is Imposed on the Less Culpable Offender, 38 Rutgers Law Record 1 (2011)​

The Not So Great Writ: Trapped in the Narrow Holdings of Supreme Court Precedents, 14 Lewis & Clark Law Review 741 (2010)

Mining for Gold:The Constitutional Court of South Africa's Experience with Comparative Constitutional Law, 37 Georgia Journal of International and Comparative Law 219 (2009)

Does the Death Penalty, by Risking Execution of the Innocent, Violate Substantive Due Process?, 40 Houston Law Review 1359 (2004)

How Jurors Decide on Death: Guilt is Overwhelming; Aggravation Requires Death; and Mitigation is No Excuse [Symposium: The Jury in the 21st Century: An Interdisciplinary Conference], 66 Brooklyn Law Review 1011 (2001) (with W.J. Bowers)

Back to an International Perspective on the Death Penalty as a Cruel Punishment: The Example of South Africa, 73 Tulane Law Review 251 (1998)

Bill of Rights Redivivus: The Eighth Amendment Should be Interpreted to Stop Capital Punishment, 19 The Champion 10 (1995)

Introduction [Symposium: The Death Penalty in New York: Past, Present...Future? The Edward V. Sparer Public Interest Law Forum], Journal of Law and Policy 73 (1995)

Race and Capital Punishment in the United States and South Africa, 19 Brooklyn Journal of International Law 235 (1993)

The False Promise of Discretionary Imposition of the Death Penalty in South Africa, 9 South African Journal on Human Rights 255 (1993)

Chief Justice Rehnquist, the Eighth Amendment, and the Role of Precedent, 28 American Criminal Law Review 267 (1991)

The Death Penalty in Georgia: Still Arbitrary, 62 Washington University Law Quarterly 573 (1985)

Capital Case Sentencing: How to Protect Your Client, (A.B.A., Section of Criminal Justice 1988)