Scholarly Articles

“Symmetric Entrenchment: A Constitutional and Normative Theory, 89 Virginia Law Review 385 (2003) (with John McGinnis).

“The Selective Nondelegation Doctrine and the Line Item Veto: A New Approach to the Nondelegation Doctrine and Its Implications for Clinton v. City of New York,” 76 Tulane Law Review 265 (2002).

“Our Supermajoritarian Constitution,” 80 Texas Law Review 703 (2002) (with John McGinnis).

“Replacing Independent Counsels with Congressional Investigations,” 148 University of Pennsylvania Law Review 1595 (2000).

“Reconciling Textualism and Federalism: The Proper Textual Basis of the Supreme Court’s 10th and 11th Amendment Decisions,” 93 Northwestern Law Review 819 (1999)

“Still a Solution: In Further Support of Spending Supermajority Rules” (with John McGinnis), 40 William & Mary Law Rev. 527 (1999)

"Supermajority Rules as a Constitutional Solution" (with John McGinnis), 40 William & Mary Law Rev. 365 (1999) (Lead article in Symposium).

"Amending the Constitution to Establish Financial Supermajority Rules," 13 Journal of Law & Politics 705 (1997).

" The Rights of Legislators and the Wrongs of Interpretation: A Further Defense of the Constitutionality of Legislative Supermajority Rules,” 47 Duke Law Journal 327 (1997) (with John McGinnis).

"Veto Burdens and the Line Item Veto Act," 91 Northwestern Law Review 771 (1997).

"The Constitutionality of Legislative Supermajority Rules," 105 Yale Law Journal 483 (1995) (with John McGinnis).

"Insurance Law and the Ambiguity Rule: Why Insurance Contracts Should Not Be Construed Against the Drafter," 30 Georgia Law Review 171 (1995) (reprinted in 8 National Insurance Law Review 289 (1996) and in 46 Defense Law Journal 281 (1997)).

"The President's Veto and the Constitution," 87 Northwestern Law Review 735 (1993).

"The Private Provision of Unemployment Insurance," 1992 Wisconsin Law Review 61 (1992).

Other Writings

Coauthor, The Right Coast (A Group Blog)

Settlements for Terror, Arutz Shevra (Nov. 10, 2003) and Israeli Insider (Nov. 16, 2003).

The Presentment Clause, Heritage Guide to the Constitution (Forthcoming 2003).

Judicial Appointments: A Constitutional Analysis, 4 Engage 68 (2003).

Judicial Confirmations: Now is the Time to Retool, The National Law Journal, A 12 (Dec. 16, 2002) (Op . Ed. Article) (with John McGinnis).

Book Review, David E. Bernstein’s Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal, Public Choice 2003 (forthcoming)

“A Palestinian State and Chances for Peace, San Diego Union Tribune, Dec. 7, 2001 (Op Ed. Article).

“ Supermajority Rules,” in Encyclopedia of the American Constitution (2nd ed) (2000) (with John McGinnis).

“The Case for Supermajority Rules,” Policy Review 45 (Dec. 1999 & Jan. 2000).

“The Independent Counsel: What’s Next? Congress Should Reassert Its Authority,” in 3 Administrative Law and Regulation News 8 (1999)

“Independent Counsel? No,” The National Law Journal (April 5, 1999) (Op. Ed. Article).

"House Rules: Is a Supermajority Requirement for Tax Hikes Constitutional?," ABA Journal (March 1997) (with John McGinnis).

"Testimony Submitted to the Subcommittee on the Constitution, The Committee on the Judiciary, United States House of Representatives" (March 1997) (discussing proposed constitutional amendment to require a supermajority to raise taxes) (with John McGinnis).

"Solving the Problem of Third Parties," SD Union Tribune (July 24, 1996) (Op. Ed. Article).

"Testimony Submitted to the Subcommittee on the Constitution, The Committee on the Judiciary, United States House of Representatives" (March 1996) (discussing proposed constitutional amendment to require a supermajority to raise taxes) (with John McGinnis).

"Testimony Submitted to the Subcommittee on Federalism and Property Rights, The Committee on the Judiciary, United States Senate" (April 1996) (discussing proposed constitutional amendment to require a supermajority to raise taxes) (with John McGinnis).

"The Implicit Item Veto: Testimony Submitted to the Subcommittee on the Constitution of the Committee on the Judiciary of the United States Senate" (June 1994).

"Origins of the Unemployment Insurance Mess," Wall St. J. (Oct. 31, 1991) (Op. Ed. Article).

"A Procedural Approach to the Contract Clause," 93 Yale Law Journal 918 (1984) (student note).