"In Search of the First-Round Knockout a Rule 12(B) Primer"

Litigation
2023

"When to Be Objectionable… And How Not to Be an Artless Clay-Brained Pignut"

  • Litigation
Litigation
2023

"Unprecedented Precedent and Original Originalism: How the Supreme Court’s Decision in Dobbs Threatens Privacy and Free Speech Rights"

Communications Lawyer
2023

"How Not to Lie: A Don't-Do-It-Yourself Guide for Litigators"

  • Litigation
Litigation
2023

"The Everyday First Amendment"

Communications Lawyer
2022

"The Stoic Litigator"

  • Litigation
Litigation
2022

"Are We There Yet? Discovery for the New Litigator"

  • Litigation
Litigation
2021

"Thoughts on the Retirement of Jim Stewart"

Communications Lawyer
2021

"Race and the First Amendment: A Compendium of Resources"

  • Civil Rights
Communications Lawyer
2021

"Recollections Refreshed and Recorded"

Litigation
2021

"Proof at the Salem Witch Trials"

  • Legal History
Litigation Journal
2020

"What Litigators Can Learn from B Movies"

  • Legal Writing and Research
Litigation Journal
2020

"There is No Work-Life Balance"

  • Legal Writing and Research
Litigation Journal
2019

"Policing Hate Speech and Extremism: A Taxonomy of Arguments in Opposition"

  • Civil Rights
University of Michigan Journal of Law Reform
2019

"Catch and Kill: Does the First Amendment Protect Buying Speech To Bury It?"

  • Civil Rights
Communications Lawyer
2019

"May It Displease the Court"

  • Legal Ethics and Professional Responsibility
Litigation
2018

"Doe v. University of Michigan: Free Speech on Campus 25 Years Later"

  • Constitutional Law
University of Miami Law Review
2017

"The Resilience of Noxious Doctrine: The 2016 Election, the Marketplace of Ideas, and the Obstinacy of Bias"

  • Civil Rights
Michigan Journal of Race and Law
2017

"Are Trump's Attacks on the Media Adversely Affecting Public Opinion?"

  • Legal Writing and Research
  • Legal Ethics and Professional Responsibility
Communications Lawyer
2017

"Bankrupt Marketplace: First Amendment Theory and the 2016 Presidential Election"

  • Civil Rights
Communications Lawyer
2017

"Milkovich v. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, and Troubled Demise of Liar Libel"

  • Constitutional Law
University of Michigan Journal of Law Reform
2016

"When Stereotypes Attack"

  • Civil Rights
Litigation
2015

"Ethics for Media Lawyers: The Lessons of Ferguson"

  • Legal Ethics and Professional Responsibility
Communications Lawyer
2015

"Training the New Litigator: Some Assembly Required"

  • Litigation
Litigation Journal
2014

"Material Falsity in Defamation Cases: The Supreme Court's Call for Contextual Analysis"

Communications Lawyer
2014

"Zombies among Us: Injunctions in Defamation Cases Come Back from the Dead"

Communications Lawyer
2014

"Three Puzzling Things about New York Times v. Sullivan: Beginning the Anniversary Conversation"

Communications Lawyer
2013

"Opinions, Implications, and Confusions"

Communications Lawyer
2011

"Soft-Core Perjury"

Litigation Journal
2010

"Of Tweets and Trials"

Communications Lawyer
2010

"When the Supreme Court Came to Michigan"

The Court Legacy
2010

"The Lessons of Legal Ethics"

  • Legal Ethics and Professional Responsibility
The Chronicle of Higher Education
2006

"Here Comes the Pro Se Plaintiff"

Litigation Journal
2006

"The First Amendment"

Journal of College and University Law
2003

"The Lawyer for the Situation"

Michigan Bar Journal
2002

"Read All About It: Supreme Court Cracks Down on Soccer Moms"

Michigan Bar Journal
2001

"Bush v. Gore"

Michigan Bar Journal
2001

"Judicial Notice: The Deus Ex Machina of Evidence"

Litigation Journal
2000

"The New, Old Federalism"

Michigan Bar Journal
2000

"Leaving the Watchdog Outside"

Michigan Bar Journal
1999

"The Contraband You Keep"

Michigan Bar Journal
1999

"Same-Sex Harassment"

Michigan Bar Journal
1998

"Have Smoking Gun, Will Travel"

Michigan Bar Journal
1998

"Picking a Winner"

Litigation Journal
1997

"The President, the First Lady, and the Court"

Michigan Bar Journal
1997

"Gilbert v. Homar: No Notice, No Hearing, No Salary - No Problem"

Michigan Bar Journal
1997

"Civil Rights in the Academy"

Michigan Bar Journal
1996

"The Supreme Court Clarifies the Commercial Speech Doctrine - Again"

Michigan Bar Journal
1996

"Remarkable Demise of the Gun-Free School Zones Act: Is it Possible that the Commerce Clause Actually Means Something"

Michigan Bar Journal
1996

"How Not to Lose"

Litigation Journal
1996