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WHAT'S LAW GOT TO DO WITH IT?: WHAT JUDGES DO AND WHY IT MATTERS. Stanford, CA: Stanford University Press, 2011.
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.). Charlottesville, VA: Lexis, 2007.
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.
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.
WHEN COURTS AND CONGRESS COLLIDE: THE STRUGGLE FOR CONTROL OF AMERICA'S JUDICIAL SYSTEM. Ann Arbor: University of Michigan Press, 2006.
Why Courts and Congress Collide, and Why their Conflicts Subside, 7 INSIGHTS ON LAW AND SOCIETY 7 (Fall 2006).
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]
JUSTICE IN JEOPARDY: REPORT OF THE COMMISSION ON THE 21ST CENTURY JUDICIARY. Chicago: American Bar Association, 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]
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.
REPORT OF THE COMMISSION ON PUBLIC FINANCING OF JUDICIAL CAMPAIGNS. Chicago: American Bar Association, 2002.
Publicly Financed Judicial Elections: An Overview, 34 LOYOLA OF LOS ANGELES LAW REVIEW 1467 (2001). [HeinOnline]
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.
JUDICIAL CONDUCT AND ETHICS, 2004 SUPPLEMENT (with Stephen Lubet and James Alfini). Charlottesville, VA: Lexis Law, 2000.
The Independence of the Judicial Branch in the New Republic (with Emily Field Van Tassel), 74 CHICAGO-KENT LAW REVIEW 31 (1998). [HeinOnline]
Book Review. Courts, Congress, and the Constitutional Politics of Interbranch Restraint, Katzmann, 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).
AN INDEPENDENT JUDICIARY: REPORT OF THE COMMISSION ON SEPARATION OF POWERS AND JUDICIAL INDEPENDENCE. Washington, DC: American Bar Association, 1997.
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]
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.
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]
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.
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).
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).