PUBLICATIONS (highlighted
titles can be downloaded from this web site):
Trump faces possible obstruction of justice charges for concealing classified government documents – 2 important things to know about what this means, The Conversation, Aug. 31, 2022
FBI's Mar-a-Lago search warrant reveals how Trump may have compromised national security -- a legal expert answers 5 key questions, The Conversation, Aug. 26, 2022 (republished Yahoo News, Aug. 26, 2022)
Trump’s Mar-a-Lago lawsuit spotlights how difficult search warrants are to challenge – by a criminal suspect or an ex-president – until charges are brought, The Conversation, Aug. 23, 2022
Unsealed court documents show the FBI was looking for evidence Trump violated the Espionage Act and other laws – here’s how the documents seized show possible wrongdoing, The Conversation, Aug. 12, 2022
Why searching an ex-president’s estate is not easily done – 4 important things to know about the FBI’s search of Mar-a-Lago, The Conversation, Aug. 9, 2022 (republished PBS Newshour, Aug. 9, 2022)
Impeaching a former president – 4 essential reads, The Conversation (Feb. 5, 2021) (with Jeff Inglis, Gerard Magliocca, Kirsten Carlson & Michael Blake)
Democrats Are Pursuing the Wrong Impeachment Charges Against President Trump, Politico (Jan. 10, 2021)
Analyzing Legal Discourse in the United States, Routledge Handbook of Corpus Approaches to Discourse Analysis (with Jesse Egbert) (Eric Friginal & Jack Hardy eds. forthcoming 2020), working paper version published on the Social Science Research Network at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3554023.
Using Empirical Data to Investigate the Original Meaning of “Emolument” in the Constitution, 36 Georgia State Law Review 465 (2020) (with Jesse Egbert), available at https://readingroom.law.gsu.edu/gsulr/vol36/iss5/6 and also published on the Social Science Research Network at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3460735.
Questions Involving National Peace and Harmony” or “Injured Plaintiff Litigation”? The Original Meaning of “Cases” in Article III of the Constitution, 36 Georgia State Law Review 535 (2020) (with Haoshan Ren, Margaret Wood, Noor Abbady, Ute Römer, Heather Kuhn & Jesse Egbert) available at https://readingroom.law.gsu.edu/gsulr/vol36/iss5/8 and also published on the Social Science Research Network: https://ssrn.com/abstract=3460743.
Limiting Senate inquiry ignores Founders’ intent for impeachment, The Conversation (Jan. 30, 2020)
The Dershowitz Attack on the Trump Articles of Impeachment is Weakened, Perhaps Fatally, by the Possibility That “Misdemeanors” Could Mean “Misconduct”,
Harvard Law Review Blog, Jan. 29, 2020
The One Word Alan Dershowitz Gets Wrong in the Impeachment Clause: There's a reason the Founders didn't just end it at "high crimes" Politico, Jan. 24, 2020
Founders: Removal from office is not the only purpose of impeachment The Conversation (Sep. 26, 2019, updated Dec. 16, 2019)
Misleading statements on Russia meeting recall Clinton’s impeachment , The Conversation (August 3, 2017)
Did Sessions and Trump conspire to obstruct justice? ,The Conversation (June 14, 2017)
"Educational Programs for Professional Identity Formation: The Role of Social Science Research," 68 Mercer Law Review 591 (2017) (with Muriel J. Bebeau and Stephen J. Thoma)
Comey’s firing may end other investigations into 2016 election , The Conversation (May 10, 2017)
Restoring transparency and fairness to the FBI investigation of Clinton emails, The Conversation (Oct. 31, 2016)
In getting ‘new’ Clinton emails, did the FBI violate the Constitution?, The Conversation (Oct. 29, 2016)
Apple and the American Revolution: Remembering Why We Have the Fourth Amendment, 126 Yale Law Journal Forum 218 (Oct. 26, 2016)
Feds: We can read all your email, and you’ll never know, The Conversation (Sep. 21, 2016)
“Supreme Court of Georgia Dramatically Expands Student Practice: Supporting Experiential Education and Broadening Access to Justice,” Georgia Bar Journal 50 (February 2016).
"Learning Professional Responsibility," Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds. Lexis/Matthew Bender 2015) SSRN: https://ssrn.com/abstract=2637499; expanded version available at www.teachinglegalethics.org/learningpr .
"Finding a Better Way to Teach," 17 Chapman Law Review 173 (2013) (Annual Symposium Issue: The Future of Law, Business, and Legal Education: How to Prepare Students to Meet Corporate Needs) (transcribed remarks).
"What Do Clients Want From Their Lawyers?", 2013 Journal of Dispute Resolution 143 (Annual Symposium Issue: Overcoming Barriers in Preparing Law Students for Real-World Practice)
Law School of the Future: Centre of Cutting-Edge Practice?, The Law of the Future and the Future of Law: Volume II (Sam Muller, Stavros Zouridis, Morly Frishman & Laura Kistemaker eds. Torkel Opsahl Academic, The Hague) (2012)
"Should American Law Schools Continue to Graduate Lawyers Whom Clients Consider Worthless?", 70 Maryland Law Review 499 (2011) (Symposium on The Profession and the Academy: How Are They Addressing Major Changes in Law Practice?)
"Developing Professional Judgment: Law School Innovations in Response to the Carnegie Foundation's Critique of American Legal Education," in The Ethics Project in Legal Education (Eds. Michael Robertson, Francesca Bartlett, Kieran Tranter & Lillian Corbin) (London: Routledge-Cavendish 2010) (co-authored with Charlotte Alexander)
"Remediation Program for Dentists Provides Data on Moral Development Important to All Professions," 76 Journal of the American College of Dentists 50 (2009)
" 'How Can We Give Up Our Child?' A Practice-Based Approach to Teaching Legal Ethics," 42 The Law Teacher: The International Journal of Legal Education 312 (2008) (Special Issue on The Values of Common Law Legal Education)
"Valuing What Clients Think: Standardized Clients and the Assessment of Communicative Competence" (co-authored with Karen Barton, Gregory Todd Jones & Paul Maharg), 13 Clinical Law Review 1 (2006); reprinted in New Currents of Law School Education 131-146 (Kwansei Gakuin University Press 2009) (excerpted and translated into Japanese).
Book Review, The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice, by Austin Sarat and Stuart A. Scheingold (eds), 16 Law & Politics Book Review 226 (March 2006).
"Legal Education After Law School: Lessons from Scotland & England," 33 Fordham Urban Law Journal 193 (2005) (special symposium issue on Professional Challenges in Large Firm Practice).
"The Professionalism Crisis: How Bar Examiners Can Make a Difference," 74 Bar Examiner 6 (Nov 2005) (lead article in special issue on "Other Lawyer Licensing Processes and Alternatives to the Bar Examination").
"But What is Their Story?" 52 Emory Law Journal 1147-56 (2003).
"Lessons on Affirmative Action from India," 1 The Subcontinental: A Journal of South Asian American Political Identity 51-56 (Summer 2003) (Special Issue on Affirmative Action).
"Speciality Certification as an Incentive for Increased Professionalism: Lessons from Other Disciplines and Countries," 54 South Carolina Law Review 987- 1009 (2003) (co-authored with Adrian Evans).
"How to Explain Confidentiality?" 9 Clinical Law Review 579 -621 (2003).
"The World's Most Powerful Court: Finding the Roots of India's Public Interest Litigation Revolution in the Hussainara Khatoon Prisoners Case," Liberty, Equality and Justice : Struggles for a New Social Order 83-96 (S.P Sathe ed.) (2003)
"Passing Strict Scrutiny: Using Social Science to Design Affirmative Action Programs," 90 Georgetown Law Journal 835-82 (2002) (with Glenn C. Loury & John David Skrentny)
"Affirmative Action: Comparative Policies and Controversies," International Encyclopedia of the Social and Behavioral Sciences (2002).
"Affirmative Action: India's Example," 4 Civil Rights Journal 22-27 (Fall 1999).
"Race, Class, Caste ...? Rethinking Affirmative Action," 97 Michigan Law Review 1296-1310 (1999) (with N.R. Madhava Menon) (published with a reply by Cass Sunstein).
"Evaluating Effective Lawyer-Client Communication: an International Project Moving From Research to Reform," 67 Fordham Law Review 1959-86 (1999).
"Hearing Voices: Why the Academy Needs Clinical Scholarship," 76 Washington University Law Quarterly 85-95 (1998), reprinted in Legal Education for the 21st Century (Donald B. King ed.1999).
"Rethinking Equality in the Global Society," 75 Washington University Law Quarterly 1561-1676 (1997) (transcribed conference proceedings) (edited entire transcript; authored opening and closing plenary speeches, id. at 1579, 1672).
"Taking It to the Streets: Putting Discourse Analysis to the Service of a Public Defender's Office," 2 Clinical Law Review 285-314 (1995) (with Bonnie S. McElhinny) (pdf version)
"Using Common Sense: A Linguistic Perspective on Judicial Interpretations of 'Use a Firearm'," 73 Washington University Law Quarterly. 1159-1214 (1995) (with Charles J. Fillmore)
What is Meaning in a Legal Text?: Special Symposium Issue, 73 Washington University Law Quarterly 971 - 1313 (1995) (co-organized symposium issue with Judith N. Levi)
"What is Meaning in a Legal Text?: Proceedings of the Northwestern University-Washington University Law & Linguistics Conference" 73 Washington University Law Quarterly 800-970 (1995) (co-chaired with Judith N. Levi)
Introduction: Northwestern University-Washington University Law and Linguistics Conference, 73 Washington University Law Quarterly 785-798 (1995)
"Bringing Linguistics into Judicial Decisionmaking," 2 Forensic Linguistics: The International Journal of Speech, Language, and the Law 81-98 (1995) (with Jeffrey P. Kaplan, Georgia M. Green, and Judith N. Levi)
"Learning from Law Students: A Socratic Approach to Law and Literature?" 63 University of Cincinnati Law Review 195-220 (1994) (Symposium on Law, Literature and the Humanities)
"Plain Meaning and Hard Cases," 103 Yale Law Journal 1561-1625 (1994) (with Judith N. Levi, Georgia M. Green, and Jeffrey P. Kaplan) (cited 114 S.Ct. 1259, 1264; 114 S.Ct. 1793, 1806; 114 S.Ct. 2251, 2255)
"Sometimes You Can't Make a Dent, But They Know You've Been There: The Lawyer As God's Witness," 106 Harvard Law Review 1962-79 (1993).
"The Lawyer as Translator, Representation as Text: Towards an Ethnography of Legal Discourse," 77 Cornell Law Review 1298-1387 (1992).
"Why American Lawyers Should Go to India: Retracing Galanter's Intellectual Odyssey," 16 Law & Social Inquiry (Research Journal of the American Bar Foundation) 777-808 (1991).
"A Tale of Two Clients: Thinking About Law as Language," 87 Michigan Law Review 2459-2494 (1989) (reprinted in Alex Hurder et al (eds.), Clinical Anthology (1997).
"A Linguistic Analysis of the Meanings of 'Search' in the Fourth Amendment: A Search for Common Sense," 73 Iowa Law Review 541-609 (l988).
"Professional Responsibility," 34 Wayne Law Review 1005-1031 (l988).
"Public Interest Litigation in the Supreme Court of India: A Study in Light of the American Experience," 29 Journal of the Indian Law Institute 494-523 (1987).
Legal Ethics in a Gandhian Perspective. (First Gandhi Memorial Lecture: Gandhi-In-Action International) New Delhi, India. l987. Reprinted in R. P. Misra, The Gandhian Model of Development and World Peace (1989).
Photo Essay: Grandeur