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Geoffrey R. Stone : Publications

Books (Author)

    Rights at War (University of Pennsylvania Press, forthcoming). [CU]

    The NSA Report: Liberty and Security in a Changing World (Princeton University Press, 2014) (edited with Richard Clark, Michael Morell & Cass R. Sunstein) (Reprint of President's Review Group on intelligence and Communications Technologies. Liberty and security in a changing world.). [CU]

    The First Amendment, 4th ed., 2014 Supplement (Aspen, 2014) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet) (and Pamela Karlan).

    Constitutional Law (7th ed.) (Wolters Kluwer Law and Business, 2013) (edited with Cass R. Sunstein, Louis M. Seidman & Mark V. Tushnet) (Additional author: Pamela S. Karlan). [CU]

    Constitutional Law (7th ed.) (Wolters Kluwer Law & Business, 2013) (edited with Louis M. Seidman& Cass R. Sunstein & Pamela S. Karlan).

    The First Amendment, 2012 ed., 2012 Supplement (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    The First Amendment (4th ed.) (Aspen, 2012) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Constitutional Law, 2012 Supplement (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    The First Amendment (4th ed.) (Aspen Publishers, 2012) (edited with Louis M. Seidman& Mark V. Tushnet & Cass R. Sunstein).

    Constitutional Law, 2011 Supplement (Aspen, 2011) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet). [CU]

    The First Amendment, 2011 ed., 2011 Supplement (2011) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet). [CU]

    Constitutional Law, 2010 Supplement (Aspen, 2010) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    The First Amendment, 2010 ed., 2010 Supplement (Aspen, 2010) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Speaking Out! Reflections on Law, Liberty and Justice (Lulu Press, 2010). [CU]

    Constitutional Law (6th ed.) (Aspen, 2009) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    The First Amendment, 2009 ed., 2009 Supplement (Aspen, 2009) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Constitutional Law (6th ed.) (Aspen Publishers, 2009) (edited with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).

    The First Amendment (3rd ed.) (Aspen, 2008) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Constitutional Law, 2008 Supplement (Aspen, 2008) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    The First Amendment, 2008 ed., 2008 Supplement (2008) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).

    Top Secret: When Our Government Keeps Us in the Dark (Rowman and Littlefield, 2007). [CU]

    War and Liberty: An American Dilemma (W. W. Norton, 2007). [CU]

    Constitutional Law: Adaptable to Fifth Edition of Stone Casebook (Legalines. Thomson/BarBri, 2006) (edited with Jonathan Neville). [CU]

    Constitutional Law, 5th ed., 2006 Supplement (Aspen Law and Business, 2006) (with Louis M. Seidman, Mark V. Tushnet & Pamela S. Karlan).

    The First Amendment, 2006 ed., 2006 Supplement (Aspen Law and Business, 2006) (with Louis M. Seidman, Cass R. Sunstein & Pamela S. Karlan).

    Constitutional Law (5th ed.) (Aspen, 2005) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Constitutional Law (5th ed.) (Aspen Publishers, 2005) (edited with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).

    Different Wars, Similar Fears: An Interview About Government Restrictions on Free Speech in Wartime (First Amendment Center, 2004) (edited with Ronald K. L. Collins). [CU]

    Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (W. W. Norton, 2004). [CU]

    Constitutional Law, 2004 Supplement (Aspen, 2004) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).

    The First Amendment, 2004 Supplement (2004) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).

    The First Amendment (2nd ed.) (Aspen, 2003) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Constitutional Law, 2003 Supplement (2003) (with Cass R. Sunstein & Mark V. Tushnet). [CU]

    The First Amendment, 2003 Supplement (2003) (with Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan). [CU]

    Youth, Pornography, and the Internet (edited by Dick Thornburgh & Herbert S. Lin)(The National Academy Press, 2002). [CU]

    Constitutional Law, 2002 Supplement (Aspen, 2002) (with Cass R. Sunstein, Mark V. Tushnet). [CU]

    Constitutional Law (4th ed.) (Aspen Law & Business, 2001) (edited with Cass R. Sunstein& Louis M. Seidman & Mark V. Tushnet). [CU]

    Eternally Vigilant: Free Speech in the Modern Era (University of Chicago Press, 2001) (edited with Lee C. Bollinger). [CU]

    Constitutional Law (4th ed.) (Aspen Law & Business, 2001) (edited with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).

    The First Amendment (1st ed.) (Aspen, 1999) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Constitutional Law (3rd ed.) (Little Brown, 1996) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Survey of Student Experiences and Attitudes at the University of Chicago Law School (1993). [CU]

    Constitutional Law, Supplement, 2nd ed., 1992 Supplement (Little Brown and Company, 1992). [CU]

    Constitutional Law: Adaptable to Second Edition of Stone Casebook - Legalines (2d ed.) (Harcourt Brace Legal and Professional Publications, 1991) (edited with Jonathan Neville). [CU]

    Constitutional Law (2nd ed.) (Little Brown, 1991) (edited with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet). [CU]

    Current Issues Relating to the First Amendment (Jenner and Block, 1991) (edited with P. Cameron DeVore & Kenneth F. Ripple). [CU]

    Search and Seizure: A Study Guide - Crime File (U.S. Dept. of Justice & National Institute of Justice, 1986). [CU]

    Constitutional Law (1st ed.) (Little Brown, 1986) (edited with Cass R. Sunstein, Louis M. Seidman & Mark V. Tushnet). [CU]

    Protecting the Rights to Governmental Activity (Chicago, 1971) (edited with Philip B. Kurland). [CU]

Books (Editor)

    The First Amendment, 2005 ed., 2005 Supplement (2005). [CU]

    The Bill of Rights in the Modern State (University of Chicago Press, 1992) (edited with Richard A. Epstein & Cass R. Sunstein). [CU]

Journal Articles

    "Behavior of Supreme Court Justices When Their Behavior Counts the Most: An Informal Study," 97 Judicature 82 (2013). [CU]

    "Arms and the Citizen," Indian Express __ (2012). [CU]

    "Guantanamo:  ‘Whatever the Government Says . . .'," Political Machine __ (2012). [CU]

    "Citizens United and Conservative Judicial Activism," 2012 University of Illinois Law Review 485 (2012). [CU]

    "Selective Judicial Activism," 89 Texas Law Review 1423 (2011). [CU]

    "The Framers' Constitution," 21 Democracy: A Journal of Ideas 61 (2011) (with William P. Marshall). [CU]

    "Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions," 35 New York University Review of Law and Social Change 665 (2011). [CU]

    "WikiLeaks and the First Amendment (FCBA Distinguished Speaker Series)," 64 Federal Communications Law Journal 477 (2011). [CU]

    "Understanding Supreme Court Confirmations," 2010 Supreme Court Review 381 (2011). [CU]

    "Ronald Coase's First Amendment," 54 Journal of Law and Economics S367 (2011). [CU]

    "WikiLeaks, the Proposed SHIELD Act, and the First Amendment," 5 Journal of National Security Law and Policy 105 (2011). [CU]

    "Secrecy and Self-Governance," 56 New York Law School Law Review 81 (2011). [CU]

    "The Second Great Awakening: A Christian Nation?," 26 Georgia State Law Review 1305 (2010). [CU]

    "American Booksellers Association v. Hudnut: The Government Must Leave to the People the Evaluation of Ideas," 77 University of Chicago Law Review 1219 (2010). [CU]

    "Honoring the Legacies of Justices William J. Brennan, Jr., and Justice Thurgood Marshall," 43 Indiana Law Review 441 (2010). [CU]

    "Book Review (reviewing Helen J. Knowles, The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty (2009))," 124 Political Science Quarterly 721 (2009). [CU]

    "Obama's America: Liberty," 22 Democracy: A Journal of Ideas __ (2009). [CU]

    "The Perils of Religious Passion: A Response to Professor Samuel Calhoun," 57 University of California at Los Angeles Discourse 15 (2009). [CU]

    "Same-Sex Marriage and the Establishment Clause," 54 Villanova Law Review 617 (2009). [CU]

    "Free Speech and National Security," 84 Indiana Law Journal 939 (2009). [CU]

    "The World of the Framers: A Christian Nation?," 56 University of California at Los Angeles Law Review 1 (2008). [CU]

    "The Roberts Court, Stare Decisis, and the Future of Constitutional Law," 82 Tulane Law Review 1533 (2008). [CU]

    "Book Review (reviewing Neil Vidmar & Valerie P. Hans, American Juries: The Verdict (2007))," 123 Political Science Quarterly 677 (2008). [CU]

    "War and Speech: The Right to Know Has Been a Casualty," 37 Index on Censorship 42 (2008). [CU]

    "In Memoriam: David P. Currie (1936-2007)," 75 University of Chicago Law Review 27 (2008). [CU]

    "Kenneth Karst's Equality as a Central Principle in the First Amendment," 75 University of Chicago Law Review 37 (2008). [CU]

    "Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century Lead Article," 36 Pepperdine Law Review 273 (2008). [CU]

    "Justice Thomas and Sexual Expression," First Amendment Center Symposium __ (2007). [CU] [WWW]

    "Federalism: Executive Power in Wartime," 5 Georgetown Journal of Law and Public Policy 309 (2007). [CU]

    "The Merits of the Proposed Journalist -Source Privilege," 1 Advance 67 (2007). [CU]

    "Freedom of Religion, the War on Terrorism, and the Courts," 45 Criterion 14 (2007). [CU]

    "Land of the Free?," 73 European Lawyer 70 (2007). [CU]

    "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 439 (2007). [CU]

    "Government Secrecy vs. Freedom of the Press," 1 Harvard Law and Policy Review 185 (2007). [CU] [WWW]

    "Sex, Violence, and the First Amendment," 74 University of Chicago Law Review 1857 (2007). [CU]

    "National Security v. Civil Liberties," 5 California Law Review 2203 (2007). [CU]

    "Origins of Obscenity," 31 New York University Review of Law and Social Change 711 (2007). [CU]

    "Civil Liberties v. National Security in the Law's Open Areas," 86 Boston University Law Review 1315 (2006). [CU]

    "The Lessons of History," 28 National Security Law Report 1 (2006). [CU]

    "A Lawyer's Responsibility: Protecting Civil Liberties in Wartime," 22 Washington University Journal of Law and Policy 47 (2006). [CU]

    "The Rights and Wrongs of Latkes," 9 Green Bag 209 (2006). [CU]

    "Freedom of the Press in Time of War," 59 SMU Law Review 1663 (2006). [CU]

    "Prosecuting the Press for Publishing Classified Information," 2 FIU Law Review 93 (2006). [CU]

    "Civility and Dissent during Wartime," 33 Human Rights 2 (2006). [CU]

    "Academic Freedom," 59 Bulletin of the American Academy of Arts & Sciences 17 (2006). [CU]

    "Constitutions Under Stress: International and Historical Perspectives," 59 Bulletin of the American Academy of Arts & Sciences 35 (2006). [CU]

    "Rasul v. Bush and Al Odah v. United States," 29 New York University Review of Law and Social Change 613 (2005). [CU]

    "Why We Need a Federal Reporter's Privilege," 34 Hofstra Law Review 39 (2005). [CU]

    "Free Speech in the Age of McCarthy: A Cautionary Tale," 93 California Law Review 1387 (2005). [CU]

    "Free Speech and Academic Politics (reviewing Donald Alexander Downs, Restoring Free Speech and Liberty on Campus (2005))," 4 Perspectives on Politics 740 (2005). [CU]

    "Foreword: A Culture of Civil Liberties," 36 Rutgers Law Journal 825 (2004). [CU]

    "Free Speech in World War II: 'When Are You Going to Indict the Seditionists?'," 2 International Journal of Constitutional Law 334 (2004). [CU]

    "War Fever," 69 Missouri Law Review 1131 (2004). [CU]

    "Civil Liberties in Wartime," 28 Journal of Supreme Court History 215 (2003). [CU]

    "Judicial Activism and Ideology," 6 Green Bag 281 (2003). [CU]

    "Abraham Lincoln's First Amendment," 78 New York University Law Review 1 (2003). [CU]

    "Judge Learned Hand and the Espionage Act of 1917: A Mystery Unraveled," 70 University of Chicago Law Review 335 (2003). [CU]

    "Above the Law: Research Methods, Ethics and the Law of Privilege," 32 Sociological Methodology 19 (2002). [CU] [SSRN]

    "The Origins of the 'Bad Tendency' Test: Free Speech in Wartime," 2002 Supreme Court Review 411 (2002). [CU]

    "Preface," 1999 Supreme Court Review ix (1999). [CU]

    "Hate Speech and the U.S. Constitution," 3 East European Constitutional Review 78 (1994). [CU]

    "The Rules of Evidence and the Rules of Public Debate," 1993 University of Chicago Legal Forum 127 (1993). [CU]

    "Autonomy and Distrust," 64 University of Colorado Law Review 1171 (1993). [CU]

    "Imagining a Free Press," 90 Michigan Law Review 1246 (1992). [CU]

    "The Bill of Rights in the Welfare State: A Bicentennial Symposium," 59 University of Chicago Law Review 5 (1992). [CU]

    "The Bill of Rights in the Next Two Hundred Years," 70 Washington University Law Quarterly 1 (1992). [CU]

    "Current Challenges to Free Expression: A New Age of Repression," 12 Northern Illinois University Law Review 425 (1991). [CU]

    "Constitutional Vision," 26 Valparaiso University Law Review xvii (1991). [CU]

    "Controversial Scholarship and Faculty Appointments: A Dean's View," 77 Iowa Law Review 73 (1991). [CU]

    "Justice Brennan and the Freedom of Speech: A First Amendment Odyssey," 139 University of Pennsylvania Law Review 1333 (1991). [CU]

    "Flag Burning and the Constitution," 75 Iowa Law Review 111 (1990). [CU]

    "A Passion for Justice," 98 Yale Law Journal 213 (1988) (Tribute to J. Skelly Wright). [CU]

    "Wally Tributes," 55 University of Chicago Law Review 721 (1988). [CU]

    "Precedent, the Amendment Process, and Evolution in Constitutional Doctrine," 11 Harvard Journal of Law and Public Policy 67 (1988). [CU]

    "Book Review (reviewing Lee C. Bollinger, The Tolerant Society: Freedom of Speech and Extremist Speech in America (1986))," 97 Ethics 700 (1987). [CU]

    "The Burger Court and the Political Process: Whose First Amendment?," 10 Harvard Journal of Law and Public Policy 21 (1987). [CU]

    "Content-Neutral Restrictions," 54 University of Chicago Law Review 46 (1987). [CU]

    "Reflections on the First Amendment: The Evolution of the American Jurisprudence of Free Expression," 131 Proceedings of the American Philosophy Society 251 (1987). [CU]

    "Repeating Past Mistakes: A Comment on the Pornography Commission," 24 Society 30 (1987). [CU]

    "Book Review (reviewing Leonard W. Levy, Emergence of a Free Press (1985))," 97 Ethics 286 (1986). [CU]

    "The Equal Access Controversy: The Religion Clauses and the Meaning of 'Neutrality'," 81 Northwestern University Law Review 169 (1986). [CU]

    "Anti-Pornography Legislation as Viewpoint-Discrimination," 9 Harvard Journal of Law and Public Policy 461 (1986). [CU]

    "Constitutionally Compelled Exemptions and the Free Exercise Clause," 27 William and Mary Law Review 985 (1986). [CU]

    "The Selective Activism of the Burger Court," 72 ABA Journal 10 (1986). [CU]

    "Individual Rights and Majoritarianism: The Supreme Court in Transition," Cato Institute Policy Analysis No. 51 __ (1985). [CU]

    "Book Review (reviewing Roderick M. McLeod et al., The Canadian Charter of Rights and Freedoms: The Prosecution and Defence of Criminal and Other Statutory Offenses (1982))," 12 International Journal of Legal Information 60 (1984). [CU]

    "O.T. 1983 and the Era of Aggressive Majoritarianism: A Court in Transition," 19 Georgia Law Review 15 (1984). [CU]

    "Book Review (reviewing Gerald A. Beaudoin & Walter S. Tarnopolsky, The Canadian Charter of Rights and Freedom (1982))," 11 International Journal of Legal Information 189 (1983). [CU]

    "In Opposition to the School Prayer Amendment," 50 University of Chicago Law Review 823 (1983). [CU]

    "Content Regulation and the First Amendment," 25 William and Mary Law Review 189 (1983). [CU]

    "Brown v. Socialist Workers: Inequality as a Command of the First Amendment," 1983 Supreme Court Review 583 (1983) (with William P. Marshall). [CU]

    "Intelligence as Governance," 9 Reviews of American History 270 (1981). [CU]

    "Restriction of Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 18 P. E. A. L. Q. 359 (1980). [CU]

    "Surveillance and Subversion," 8 Review of American History 134 (1980). [CU]

    "Analysis of Zachary C. Brown v. State of Texas," 1978-1979 Preview of United States Supreme Court Cases 2 (1979). [CU]

    "Analysis of Rufus Mincey v. State of Arizona," 1977-1978 Preview of United States Supreme Court Cases 3 (1978). [CU]

    "Restriction of Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 46 University of Chicago Law Review 81 (1978). [CU]

    "The Miranda Doctrine in the Burger Court," Supreme Court Review 99 (1977). [CU]

    "The Scope of the Fourth Amendment: Privacy and the Police Use of Spies, Secret Agents, and Informers," 1976 American Bar Foundation Research Journal 1193 (1976). [CU]

    "Fora Americana: Speech in Public Places," 1974 Supreme Court Review 233 (1974). [CU]

    "Criminal Procedure in the Supreme Court," 190 Report of the Illinois Judicial Conference __ (1973). [CU]

    "Residence Requirements for Voting in Presidential Elections," 37 University of Chicago Law Review 359 (1970). [CU]

Journals

    Editor, The Supreme Court Review (1991-2014) (edited with Dennis J. Hutchinson & David A. Strauss).

Book Sections

    "The History of Obscenity, the British Novel, and the First Amendment," in Subversion and Sympathy: Gender, Law, and the British Novel, Martha Nussbaum & Alison LaCroix eds. (Oxford University Press, 2013). [CU]

    "Perilous Times: Civil Liberties in Wartime," in Law and the Quest for Justice, Zatz, Marjorie S., Provine, Doris M. & Walsh, James P. eds. (Quid Pro Books, 2013). [CU]

    "The Story Of The Sedition Act Of 1798: 'The Reign Of Witches'," in First Amendment Stories, Richard W. Garnett & Andrew Koppelman eds. (Foundation Press/Thomson Reuters, 2012). [CU]

    "Defending the Future: The Fundamental Right to Effective Defense Counsel," in To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform, Marc Mauer & Kate Epstein eds. (2012). [CU]

    "Counterterrorism’s New Frontier: Intelligence Collection and Law Enforcement," in Democracy & Justice: Collected Writings, (Brennan Center for Justice, 2012) (with John O. Brennan, Bennie Thompson & Philip Mudd). [CU]

    "'Electoral Exceptionalism' and the First Amendment," in Money, Politics, and the Constitution: Beyond Citizens United, Monica Youn ed. (Century Foundation, 2011). [CU]

    "Privacy, the First Amendment and the Internet," in The Offensive Internet: Speech, Privacy, and Reputation, Martha Nussbaum & Saul Levmore eds. (Harvard University Press, 2010). [CU]

    "The Vietnam War: Spying on Americans," in Security v. Liberty: Conflicts Between Civil Liberties and National Security in American History, Daniel A. Farber ed. (Russell Sage Foundation, 2008). [CU]

    "Liberté d'expression et sécurité nationale," in La liberté d'expression aux États-Unis et en Europe, Élisabeth Zoller ed. (Dalloz, 2008). [CU]

    "Woodrow Wilson's First Amendment," in Reconsidering Woodrow Wilson: Progressivism, Internationalism, War, and Peace, John Milton Cooper ed. (Johns Hopkins University Press, 2008). [CU]

    "Advice to a Scholar," in The Common Man and Uncommon Man: Remembering Justice William J. Brennan, Jr., E. Joshua Rosenkranz & Thomas M. Jorde eds. (New York University Press, 2006). [CU]

    "New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States, Kermit L. Hall ed. (Oxford University Press, 2005). [CU]

    "The Hustler: Justice Rehnquist and 'The Freedom of Speech, and of the Press'," in The Rehnquist Legacy, Craig Bradley ed. (Cambridge University Press, 2005). [CU]

    "The Questions of Free Speech," in Unsettling 'Sensation', Lawrence Rothfield ed. (Rutgers University Press, 2001). [CU]

    "A Brief History of Academic Freedom," in Advocacy in the Classroom: Problems and Possibilities, Patricia Meyer Spacks ed. (Palgrave Macmillan, 1996). [CU]

    in The Price We Pay: The Case Against Racist Speech, Hate Propaganda, and Pornography, Laura Lederer & Richard Delgado eds. (Hill and Wang, 1995). [CU]

    "New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States, Kermit L. Hall ed. (Oxford University Press, 1992). [CU]

    "Freedom of Speech," in Encyclopedia of the American Constitution. Kenneth L. Karst, Leonard W. Levy & John G. West, Jr. eds. (MacMillan, 1992). [CU]

    "William J. Brennan, Jr.," in Encyclopedia of the American Constitution. Kenneth L. Karst, Leonard W. Levy & John G. West, Jr. eds. (MacMillan, 1992). [CU]

    "The Reagan Administration, The First Amendment, and FBI Domestic Security Investigations," in Freedom at Risk: Secrecy, Censorship, and Repression in the 1980s, Richard Curry ed. (Temple University Press, 1988). [CU]

    "Limitations on Fundamental Freedoms: The Respective Roles of Courts and Legislatures in American Constitutional Law," in The Limitation of Human Rights in Comparative Constitutional Law, Suzanne Birks, Michael Bothe, Irwin Cotler, Dennis Klinck, Armand de Mestral & Andre Morel eds. (Les Editions Yvon Blais Incorporate, 1986). [CU]

    "Sedition," in Encyclopedia of Crime and Justice 4. Sanford H. Kadish ed. (Free Press, 1983). [CU]

    "Television in the Courtroom," in Encyclopaedia Britannica Annual Supplement 487.(, 1982). [CU]

Other Publications

    "The NSA's Telephone Metadata Program is Unconstitutional," Huffington Post, . [WWW]

    "What I Told the NSA," Huffington Post, April 2, 2014. [WWW]

    "Celebrating Sullivan: The Central Meaning of the First Amendment," Huffington Post, March 10, 2014. [WWW]

    "The Noose, Ole Miss, and Free Speech," Huffington Post, February 21, 2014. [WWW]

    "The President and the NSA," Huffington Post, January 20, 2014. [WWW]

    "President Obama Asked Me to Review the NSA. Here's How I Grade His Reforms," The New Republic, January 2014. [WWW]

    "The NSA's Telephone Meta-Data Program is Unconstitutional," Huffington Post, January 11, 2014. [WWW]

    "Is the NSA's Bulk Telephony Meta-Data Program Constitutional?: Part II," Huffington Post, January 7, 2014. [WWW]

    "Is the NSA's Bulk Telephony Meta-Data Program Constitutional?," Huffington Post, January 4, 2014. [WWW]

    "The NSA's Telephone Meta-Data Program: Part III," Huffington Post, January 4, 2014. [WWW]

    "The NSA's Telephone Meta-Data Program: Part II," Huffington Post, December 29, 2013. [WWW]

    "The NSA's Telephone Meta-Data Program: Part I," Huffington Post, December 25, 2013. [WWW]

    "President Obama's Review Group on Foreign Intelligence Surveillance and Protecting the Privacy Interest of Non-Citizens, The Indian Express," The Indian Express, December 24, 2013. [WWW]

    "Inside the President's Review Group: Protecting Security and Liberty," Huffington Post, December 22, 2013.

    "Protecting the Nation While Upholding Our Civil Liberties," The Chicago Tribune, December 22, 2013. [WWW]

    "Protecting Citizens and Their Privacy," New York Times, December 20, 2013. [WWW]

    "The Nuclear Option: A Sad Day for America," Huffington Post, November 23, 2013. [WWW]

    "The Difference Between Conservative and Liberal Justices," Huffington Post, November 4, 2013.

    "House Republicans and the Betrayal of Democracy," Huffington Post, October 3, 2013. [WWW]

    "Stop-and-Frisk: Why We Have Courts," Huffington Post, August 14, 2013. [WWW]

    "Understanding Cause and Effect," Huffington Post, July 28, 2013. [WWW]

    "Race in America: A More Perfect Union?," Huffington Post, July 22, 2013. [WWW]

    "Reflections on the FISA Court," Huffington Post, July 6, 2013. [WWW]

    "Why Bush Violated the Fourth Amendment, and Obama Has Not," The Daily Beast, July 2, 2013. [WWW]

    "The Death of DOMA," The Indian Express, July 2, 2013. [WWW]

    "Same-Sex Marriage as of . . . Now," Huffington Post, June 28, 2013. [WWW]

    "Affirmative Action and the Future," Huffington Post, June 27, 2013. [WWW]

    "Edward Snowden: "Hero or Traitor"?," Huffington Post, June 11, 2013. [WWW]

    "Government Secrecy and the Nation's Security," Huffington Post, June 8, 2013. [WWW]

    "Same-Sex Marriage in Illinois: The Role of the Black Church," Huffington Post, June 3, 2013. [WWW]

    "Freedom of the Press and Criminal Solicitation," Huffington Post, May 22, 2013. [WWW]

    "The AP "Scandal": The Straight Scoop," Huffington Post, May 17, 2013. [WWW]

    "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage," Huffington Post, May 13, 2013.

    "The Boston Bombing, The Right of Privacy and Surveillance Cameras," Huffington Post, May 7, 2013. [WWW]

    "Justice Scalia, "Originalism" and Homosexuality," Huffington Post, April 18, 2013. [WWW]

    "Conversation with a "Gay-Buster"," Huffington Post, April 10, 2013. [WWW]

    "The Same-Sex Marriage Cases: Snatching Victory…," Huffington Post, March 28, 2013. [WWW]

    "I Would Support Same-Sex Marriage…But for the CHILDREN!!," Huffington Post, March 21, 2013. [WWW]

    "Illinois, Take this Step," Chicago Tribune, March 16, 2013. [WWW]

    "In Illinois, the Time is Now," The Chicago Tribune, March 16, 2013.

    "Same-Sex Marriage in Illinois: Now is the Time!," Huffington Post, March 15, 2013. [WWW]

    "Bradley Manning and Military Overreach," Huffington Post, March 14, 2013. [WWW]

    "The Supreme Court and the Right of Gays and Lesbians to Marry," Huffington Post, March 6, 2013. [WWW]

    "The Second Amendment," Huffington Post, January 31, 2013 (with Adam Winkler). [WWW]

    "Roe at 40!," Huffington Post, January 23, 2013. [WWW]

    "Are Civil Unions "Good Enough" for Same-Sex Couples?," Huffington Post, January 19, 2013. [WWW]

    "Understanding the Second Amendment," Huffington Post, January 10, 2013. [WWW]

    "The Gun Debate," Huffington Post, January 8, 2013. [WWW]

    "Guns: Put Up or Shut Up!," Huffington Post, January 5, 2013. [WWW]

    "The Illinois Senate, Same-Sex Marriage and the Catholic Church," Huffington Post, January 4, 2013. [WWW]

    "Cardinal George, Same-Sex Marriage and the Law of Nature," Huffington Post, January 2, 2013. [WWW]

    "The Supreme Court in the 21st Century," Daedalus, Spring 2013. [WWW]

    "Obama's Judgement Call," Indian Express, November 15, 2012. [WWW]

    "Marriage on the Rocks? Historic Opportunity for Illinois Supreme Court to Do the Right Thing," Chicago Tribune, May 1, 2012, at p. 23.

    "When Is Judicial Activism Appropriate?," Chicago Tribune, April 14, 2012. [WWW]

    "Book Review (reviewing John Paul Stevens, Five Chiefs: A Supreme Court Memoir (2011))," Washington Independent Review of Books, October 4, 2011. [WWW]

    "Our Untransparent President," New York Times, June 28, 2011. [WWW]

    "Judicial Filibusters: Political Partisanship Run Amok," Chicago Tribune, May 25, 2011. [WWW]

    "A Clear Danger to Free Speech," New York Times, January 5, 2011. [WWW]

    "Simple Justice," Chicago Tribune, August 9, 2010, at p. 21.

    "Conservatives Can Support Kagan," Chicago Tribune, May 12, 2010. [WWW]

    "What Others Are Saying," Chicago Tribune, May 6, 2010, at p. 22.

    "Our Fill-in-the-Blank Constitution," New York Times, April 15, 2010, at p. 27. [WWW]

    "Holy History; The Crazy Imaginings of the Texas Board of Education," Chicago Tribune, April 5, 2010, at p. 14. [WWW]

    "Review of Joan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia," Chicago Tribune, December 2, 2009. [WWW]

    "Review of Melvin I. Urofsky, Louis D. Brandeis: A Life.," Chicago Tribune, October 4, 2009, at p.BR13. [WWW]

    "Getting Personal with Justice," Chicago Tribune, June 8, 2009, at p. 27. [WWW]

    "University Challenge," Guardian, October 9, 2008, at p. 33.

    "McCain's Justice: Conservative Activism Gone Wild," Chicago Tribune, May 8, 2008. [WWW]

    "Loyalty Oaths Fail the Test of Democracy," Los Angeles Times, March 12, 2008. [WWW]

    "Bill Clinton's Folly a Party Disgrace," Chicago Tribune, January 1, 2008. [WWW]

    "The Supreme Court and the Rule of Law," New Orleans Times-Picayune, October 24, 2007.

    "Securing the Homeland (reviewing Jack Goldsmith, The Terror Presidency: Law and Judgment inside the Bush Administration (2007))," Chicago Tribune, October 7, 2007, at p.4. [WWW]

    "Like Love, Law Seeks Right Match," Chicago Tribune, September 17, 2007, at p. C1. [WWW]

    "History Lessons Never Learned: Legacy of Three Predecessors Could Have Taught Gonzales How to Serve Honorably," Chicago Tribune, August 30, 2007, at p. C25. [WWW]

    "The Gospel and Hate Crimes," Los Angeles Times, August 24, 2007, at p. 25. [WWW]

    "Why a Few Bad Laws Do Not Kill Freedom in America," Financial Times, August 21, 2007, at p. 11. [WWW]

    "U. S. Civil Liberties Remain Strong.," Financial Times, August 21, 2007. [WWW]

    "The Wrong Side of History," Chicago Tribune, June 13, 2007. [WWW]

    "Press Freedoms," Commentary, May 2007. [WWW]

    "Our Faith-Based Justices," Chicago Tribune, April 31, 2007. [WWW]

    "Civil-union Bill an Apt Compromise," Chicago Tribune, March 27, 2007, at p. 17. [WWW]

    "Half a Shield Is Better Than None," New York Times, February 22, 2007, at p. A1. [WWW]

    "A Narrow View of the Law," Chicago Tribune, February 7, 2007. [WWW]

    "U. S. Needs to Hear Bush Admit Errors.," Chicago Tribune, January 17, 2007, at p. C13. [WWW]

    "Secrecy: the Enemy of Democracy," Chicago Tribune, December 18, 2006, at p. C7. [WWW]

    "Gays Kept Separated, Church and State Not," Chicago Tribune, November 20, 2006, at p. C9. [WWW]

    "Taking Liberties (reviewing John Yoo, War by Other Means: An Insider's Account of the War on Terror (2006))," Washington Post, November 6, 2006, at p.T06.

    "What It Means to Be a Liberal," Chicago Tribune, October 31, 2006, at p. C17. [WWW]

    "An Independent and Fearless Judiciary," Chicago Tribune, August 25, 2006, at p. C21. [WWW]

    "Religious Rights and Wrongs," Chicago Tribune, July 27, 2006, at p. C27. [WWW]

    "The U.S. Can Keep a Secret: Maintaining National Security and Ensuring Openness," Los Angeles Tribune, June 7, 2006. [WWW]

    "Freedom and Public Responsibility," Chicago Tribune, May 22, 2006. [WWW]

    "Government Spying: Why Should We Care?," Chicago Tribune, March 14, 2006. [WWW]

    "Authors Say Lincoln was No.1 Enemy of the Press, review of Jeffrey Manber and Neil Dahlstrom, Lincoln’s Wrath," Chicago Tribune, February 13, 2006. [WWW]

    "On NSA Spying: A Letter to Congress," New York Review of Books, February 2006. [WWW]

    "Why the Senate Should Not Confirm Alito," Chicago Tribune, January 25, 2006. [WWW]

    "Scared of Scoops: Espionage Laws Don't Apply to Press," Los Angeles Daily Journal, 2006, at p. 8(1).

    "So Much for Protecting the Constitution!," Chicago Tribune, December 22, 2005. [WWW]

    "Cronyism and the Court," Chicago Tribune, October 5, 2005. [WWW]

    "Rehnquist’s Legacy Doesn’t Measure Up," Chicago Tribune, September 7, 2005. [WWW]

    "What You Can't Say Will Hurt You," Chicago Daily Law Bulletin, August 27, 2005, at p. 5(1).

    "What You Aren't Allowed to Say Will Hurt You," Los Angeles Daily Journal, August 17, 2005, at p. 8(1).

    "President Bush’s Blink," Chicago Tribune, July 28, 2005.

    "Revisiting the Patriot Act," Chicago Tribune, July 9, 2005. [WWW]

    "Sticks and Stones: Reply to Andrew McCarthy, Free Speech or Terrorists?," Commentary, June 2005. [WWW]

    "A 'Nuclear' Attack on the Constitution: Changing the Senate's Filibuster Rules a Dangerous Option," Chicago Tribune, May 2, 2005. [WWW]

    "Supreme Court Tales from the Pleading Side of the Bench (reviewing Floyd Abrams, Speaking Freely: Trials of the First Amendment (2005))," New York Times, April 17, 2005, at p.B14. [WWW]

    "They're Watching You . . . (reviewing Robert O'Harrow, No Place to Hide (2005))," Washington Post, February 21, 2005, at p.BW04.

    "Book Review (reviewing Floyd Abrams, Speaking Freely: Trials of the First Amendment (2005))," Chicago Daily Law Bulletin, 2005.

    "Dissent Is Not Disloyal," Chicago Tribune, December 25, 2004. [WWW]

    "Justices Who Won't Run with the Wolves," Los Angeles Times, November 16, 2004. [WWW]

    "I Sympathize with the Times; Nevertheless . . .," Wall Street Journal, October 25, 2004.

    "Miller, Novak, Plame, Wilson," Wall Street Journal, October 19, 2004. [WWW]

    "America's New McCarthyism," Chicago Tribune, October 18, 2004. [WWW]

    "Free Speech in Wartime: The 'Reign of Witches'," University of Chicago Law School Record, Fall 2004.

    "Civil Liberties at Risk Again: A U.S. Tradition," Chicago Tribune, February 17, 2003. [WWW]

    "The Supreme Court Must be Extra Vigilant in Wartime," Chicago Tribune, October 10, 2002. [WWW]

    "Equal Protection? The Supreme Court's Decision in Bush v. Gore," Fathom, 2002. [WWW]

    "Civil Rights and Military Tribunals," Fathom, 2002. [WWW]

    "Faculty Meditations on Life at the Law School," University of Chicago Law School Record, 2002 (with Martha Nussbaum, Kenneth W. Dam, Richard A. Epstein& Cass R. Sunstein & Tracey L. Meares).

    "Eight Things a Former Provost No Long Believes about Information Technology," Educause Review, 2002. [WWW]

    "What If America Had Only One Mixed Race?," Chicago Tribune, March 1, 1999, at p. 17. [WWW]

    "Moral Zealotry is a Worse Crime," Chicago Tribune, February 21, 1999, at p. 20. [WWW]

    "Academic Freedom and Responsibility," University of Chicago Law School Record, 1995.

    "A Federal Case on Free Speech," Chicago Tribune, February 10, 1994, at p. 19.

    "In Honor of Nisba," University of Chicago Law School Record, Spring 1994.

    "Pornography Regulation Deserves to be Discussed," Chicago Sun Times, March 14, 1993.

    "Closing Argument," University of Chicago Law School Record, 1993.

    "Thanks, Hanna," University of Chicago Law School Record, Spring 1993.

    "Bush's Losing Judicial Philosophy," Chicago Tribune, October 29, 1992, at p. 19 (with David A. Strauss). [WWW]

    "Ronald's Nobel," University of Chicago Law School Record, Spring 1992.

    "Center for the Study of Constitutionalism in Eastern Europe," University of Chicago Law School Record, Fall 1992.

    "A University School of Law," University of Chicago Law School Record, 1991.

    "International Law," University of Chicago Law School Record, Fall 1990.

    "Students," University of Chicago Law School Record, Spring 1990.

    "Scholarly Research," University of Chicago Law School Record, Spring 1990.

    "Public Service," University of Chicago Law School Record, Fall 1989.

    "The Law and Economics Program," University of Chicago Law School Record, Spring 1989.

    "A Free Press: Watchdog, Forum and Information-giver," Chicago Tribune, June 25, 1988, at p. 21. [WWW]

    "Teaching," University of Chicago Law School Record, Fall 1988.

    "The Mandel Legal Aid Clinic," University of Chicago Law School Record, Spring 1988.

    "Program in Law and Government," University of Chicago Law School Record, 1987.

    "The Responsibilities of a Free Press," Bulletin of American Academy of Arts and Sciences, 1987.

    "On Open Meetings," Academe, January/February 1986.

    "Diluting the Fourth Amendment," Chicago Tribune, February 15, 1985, at p. 27. [WWW]

    "Celebrating Brown," University of Chicago Law School Record, Spring 1985.

    "The Court is Undermining Individual Freedoms," USA Today, July 14, 1983, at p. 8A.

    "An Amendment for School Prayer: Unnecessary, Unsound," Chicago Lawyer, 1982.

    "Report of the Faculty Advisory Committee on University Awards and Prizes," University of Chicago Law School Record, April 1980 (with Irwin H. Rosenberg).

    "The FBI Charter," University of Chicago Law School Record, 1980.

    "Thurgood Marshall: Frustrated Conscience of the Court," National Law Journal, 1980, at p. 24.