Publications

Books/Encyclopedia

Constitutional Law in Contemporary Society, vol. I, lead editor, Oxford University Press 2010.

Evicted! Property Rights and Eminent Domain in America, Praeger Press, 2009.

American Public Service: Constitutional and Ethical Foundations (with Sheila Kennedy of Indiana University), Jones and Bartlett Publishers, Inc. 2010.

Encyclopedia of the First Amendment, co-editor, CQ Press (2008).

Encyclopedia of the United States Constitution, 2 volumes. Facts on File, Inc. (2009).

 

Lights, Camera, Campaign! Media, Politics, and Political Advertising, Peter Lang Publishing (2004).

Encyclopedia of American Law, editor, Facts on File, Inc. (2002).

Encyclopedia of Public Policy and Public Administration, editor, Facts on File, Inc. (2003).

Inventors of Ideas: An Introduction to Western Political Philosophy, co-author, Wadsworth Publishers, 2003

Encyclopedia of the Supreme Court, editor, Facts on File, Inc. (2005)

Encyclopedia of Civil Liberties (three volumes), co-editor, M.E. Sharpe (2005)

Social Capital: Critical Perspectives on Community and Bowling Alone, co-editor, New York University Press, 2002.

Money, Politics, and Campaign Finance Reform Law in the States, editor, Carolina Academic Press, 2002.

It's Show Time: Essays in Media, Politics, and Popular Culture, editor, Peter Lang Publishing, 2000.

Inventors of Ideas: An Introduction to Western Political Philosophy, co-author, St. Martin's Press. 1997.

Leveraging the Law: Using the Courts to Achieve Social Change, editor, Peter Lang Publishing, 1998.

The Politics of Civil Service Reform, Peter Lang Publishing, 1998.

The Jurisprudential Vision of Justice Antonin Scalia, co-author, Rowman & Littlefield, 1996.

Law and Politics: Unanswered Questions, editor, Peter Lang Publishing, 1994.

Property, Power, and American Democracy, 1992, Transaction Press.

American Government: An Introduction through MicroCase, 1994 (second edition), Micro Case Corporation.

A Short History of the U.S. Civil Service, 1991 (coauthored with Robert Maranto), University Press of America.

Articles and Book Chapters

"Moral Diversity and the Organization," PA Times (March 2009).

"Administrative Law Reform and Democratization in Communist and Post-Communist States," Proceedings of the 2008 International Conference in Public Administration," Minneapolis, Minnesota, September 24 -27, 2008.

"Administrative Law and Performance Reform of Government Agencies in Communist and Post-Communist States," Proceedings of Public Administration in the XXI Century: Traditions and Innovations Conference, sponsored by the School of Public Administration, Moscow State University, May 26-31, 2008.

 

"Regulating the Political Thicket: Congress, the Courts, and State Reapportionment Commissions," 3 Charleston L. Rev. 109 (2008).

"Mr. Smith Goes to the Movies: Images of Dissent in American Cinema," Voices of Political Dissent in Popular Culture, Ed. Tim Dale and Joseph Foy, University of Kentucky Press, 2009.

"Give a Hoot, Don't Pollute: The Roberts Court and the Environment, 17 Penn State Environmental Law Review 191 (2009).

"Lies, Damn Lies, and Voter IDs: The Fraud of Voter Fraud," 1 Harv. L. & Pol. Rev. 1 (2008).

"The Ethical Problem of Professional Gifting," PA Times (June, 2008).

Less than Fundamental: The Myth of Voter Fraud and the Coming of the Second Great Disenfranchisement

"Defending American Presidential Authority in a Post 9-11 World: Examining the Justice Department Memoranda." Democracy and Society Volume 5, Issue 2 (May 2008).

Public Administration and Pop Culture

"Wonks and Warriors: Depictions of Government Professionals in Recent Popular Film," 9 Public Voices 61 (2007).

"Comprehensive Plans, Corporate Thuggery, and the Problem of Private Takings," New York State Bar Association, 9 Government, Law and Policy Journal, 6 (Spring, 2007).

 

"Democracy on Trial: Terrorism, Crime, and National Security Policy in a Post 9-11 World,"38 Golden Gate Law Review, 195 (2008).

The Party's Over: Partisan Gerrymandering and the First Amendment, 36 Capital Law Review 1 (2007).

Buckley v. Valeo, Randall v. Sorrell, and the Future of Campaign Financing on the Roberts Court

 

"Minnesota Republican Party v. White

Redistricting and the New Judicial Federalism: Reapportionment Litigation Under State Constitutions

"Mining Unexplored Riches: Litigating State Constitutional Claims," Bench & Bar of Minnesota (April, 2006).

"September 11, and the War on Democracy," PA Times (February, 2006)

, 37 Rutgers L. J. 1087 (2006). and the Future of State Judicial Selection," 69 Albany Law Review, 985 (2006)., 12 Nexus 153 (2007).

(with Beth Wielde), PA Times (November, 2007)., 34William Mitchell L. Rev. 484 (2008).

"Teaching Postmodern Ethics," in Ethics Today (Autumn, 2005).

"Judicial Selection in Minnesota: Options After Republican Party v. White," in Bench & Bar of Minnesota (November, 2005).

"One Person, One Vote and the Constitutionality of the Winner-Take-All Allocation of Electoral College Votes ," with Christopher Duquette, forthcoming in Tennessee Journal of Law and Policy (2006).

"What's Yours Can be Mine: Are there Any Private Takings After City of New London v. Kelo?," forthcoming in UCLA Journal of Environmental Law and Policy (2006).

"Economic Development and Eminent Domain After Kelo: Property Rights and "Public Use" under State Constitutions," forthcoming in Environmental Outlook Journal (2006).

"The Property Rights Revolution that Failed: Eminent Domain in the 2004 Supreme Court Term, forthcoming in Touro Law Review (2006).

"Disclosure is not Enough: Empirical Lessons from State Experiences," 4 Election Law Journal 349 (2005).

"The Corporate University in American Society," Logos: A Journal of Modern Society and Culture (Fall, 2005).

"Alternatives to Encouraged Donation for Organ Procurement: Moral Principles and Ethical Practices," with Richard Lally, forthcoming in Journal of Public Integrity (2006).

Voting Rights and Voting Rights Act, in Oxford Companion to the Supreme Court, Kermit Hall, ed. (2005).

Antonia Scalia, Voting Age, Universal Suffrage, Poll Tax, and Reapportionment, in Encyclopedia of Civil Liberties and Rights, John Scheb and Otis Stephens, eds., Greenwood Publishing (2006).

"Lights, Camera, Action! Ethics and the California Recall," Journal of Public Integrity, vol. 7, no. 1 (2004-5).

"Professional Ethics in a Postmodern Society," Journal of Public Integrity vol 6, no. 4 (2004).

"Quasi-judicial and Quasi-legislative Hearings in Minnesota," Bench & Bar of Minnesota (September, 2003), pp. 15-20.

"Empirical Analysis and Fundamental First Amendment Principles," with Stephen Gottlieb, 19 Journal of Law and Politics, 145 (2003).

"States and Campaign Finance Reform," National Civic Review, v. 91: 2 (Summer, 2002).

"Campaigns and Elections," Choice Magazine ( June 2002).

"The Legal and Political Lessons of Bush v. Gore," Focus on Law Studies (Fall, 2001).

"The Lessons of Election 2000: The Bush v. Gore Scholarship," Public Integrity, v. 4: 2 (Spring, 2002).

"The Phenomenology of Democracy," in Social Capital: Critical Perspectives on Community and Bowling Alone, New York University Press, 2002.

"Special Interest Money in Minnesota Politics," in Money, Politics, and Campaign Finance Reform Law in the States, Carolina Academic Press, 2002.

"A. Leon Higgenbotham," in Great American Judges, ed. John Vile, New York: ABC-CLIO (2003).

John M. Wisdom," in Great American Judges, ed. John Vile, New York: ABC-CLIO (2003).

"Celebrity Politics in a Postmodern Era: The case of Jesse Ventura," Public Integrity, v. 3: 4 (Fall, 2001).

"Why No More Giants on the Supreme Court" In Leaders of the Pack: Polls and Case Studies of Great Supreme Court Justices, William Pederson (ed). (2003).

No Joy in Mudville Tonight: Impact of "Three Strike" Laws on State and Federal Corrections Policy, Resources, and Crime Control," 9 Cornell Journal of Law and Public Policy, 557 (2000).

"State Taxation of Interstate Commuters: Constitutional Doctrine in Search of Empirical Analysis," forthcoming, 16 Touro Law Review, 435 (2000).

"Celebrity Politics and Postmodern Political Ethics," PA Times (September , 2000).

"Jesse Ventura T.M. and the Brave New World of Politainer Politics," Journal of American Culture (2001).

"Justice Delayed, Justice Denied": The Fastest Gun in the East (Or at Least on the Supreme Court), 16 Constitutional Commentary 213 (1999)

"The Price is Right! Property Valuation and Damage Awards for Temporary Takings," 22 Hamline Law Review 281(1998)

"Proving Political Corruption: Documenting the Evidence Required to Sustain Campaign Finance Reform Laws," 18 Texas Review of Litigation 86 (1998)

"State Tax Commuters: Classifications and Estimates," 15 State Tax Notes, 355 (1998)

"Bucking Buckley: Voter Attitudes, Tobacco Money, and Campaign Contribution Corruption in Minnesota Politics" (with Todd Paulson), 19 Hamline Journal of Public Law & Policy 1 (1998)

"Scalia on Democratic Decision Making and Long-standing Traditions: How Rights Always Lose, " 31 Suffolk Law Review 319 (1998)

"Revisiting Buckley v. Valeo: Eviscerating the Line Between Candidate Contributions and Independent Expenditures," 14 Journal of Law & Politics 33 (1998)

"Force Majeure in Legal Scholarship" (with Jim Chen) 14 Constitutional Commentary 427 (1998)

"Legal Functionalism and Social Change: A Reassessment of Rosenberg's The Hollow Hope," 12 Journal of Law and Politics 63 (1996)

"Labor and Community Challenges to Disinvestment: The Use of Eminent Domain and Community Property Rights to Fight Plant Closings," In Bina, et al., editors, Beyond Survival: Wage Labor in the Late Twentieth Century," New York: M.E. Sharpe, Inc., (1995)

"Using Eminent Domain to Facilitate Employee Ownership," 4 Journal of Employee Ownership Law and Finance 37 (1992)

"The Use of Eminent Domain and Contractually Implied Property Rights to Affect Business and Plant Closings," 16 William Mitchell Law Review 383 (1990)

"From Reasonable Man to Unreasonable Victim: Assessing Harris v. Forklift Systems and Shifting Standards of Proof and Perspective in Title VII Sexual Harassment Law," 27 Suffolk Law Review 717 (1994)

"Scalia, Property, and Dolan v. Tigard: The Emergence of a Post Carolene Products Jurisprudence," 29 Akron Law Review 1 (1995)

"Antonin Scalia's First Amendment Free Speech, Press, and Association Decisions," 9 Journal of Law and Politics 515 (1993)

"Legislative Process and Intent in Justice Scalia's Interpretive Method," 25 Akron Law Review 595 (1992)

"Judicial Review and Legislative Deference: The Political Process of Antonin Scalia," 16 Nova Law Review 1249 (1992)

"The Political Philosophy of Money as Articulated in the Dissents in Austin v. Michigan Chamber of Commerce," (coauthored with John Shockley of Western Illinois University), 24 St. Mary's Law Review 165 (1992)

"Political Theory and Legal History: Conflicting Depictions of Property in the American Political Founding," 37 American Journal of Legal History 464 (1993)

"The Locke Republican Debate and the Paradox of Property Rights in Early American Jurisprudence," 13 Western New England College Law Review 155 (1991)

"Supreme Court Articulation of the Politics/Administration Dichotomy," Handbook of Bureaucracy, Ali Farazmand, editor, Marcel Dekker, Inc., (1994)

"Church/State Relations and the First Amendment," Law and Politics: Unanswered Questions, David Schultz, editor, Peter Lang Publishing (1994)

"Rethinking Drug Criminalization Policies," 25 Texas Tech Law Review 151 (1993)

"From Great Books to Serviceable Course Texts: A Review of Recent Introductory Political Theory Textbooks," 6 COMMONWEALTH 106 (1993)

"Hegel's Constitutionalism," 4 COMMONWEALTH 26 (1990)

"Physicians as Philosophers: Thoughts on the Relations of Medicine to Ethics, American Philosophical Association Newsletter on Medicine and Ethics (Fall, 1987)

"New York: The Future of the Bipartisan Gerrymander," Reapportionment Politics, Hardy, Heslop, & Anderson eds, Sage Publications (1981)

 

Popular Essays

"Minnesota Supreme Court Review," Barrister (September and October, 2005)

"Minnesota Supreme Court Review," Barrister (September and October, 2004)

"New Ethics Rules," Barrister (December, 2004, February, 2005).

"Taking Privacy Seriously: A Theory of Personal Autonomy," Hennepin Lawyer (March/April 2004) , pp. 4-9.

"Professional Ethics in a Postmodern Society," Ethics Today (Summer, 2003).

"Minnesota Supreme Court Review," Barrister (September and October, 2003).

"Minnesota Abortion Politics heads for courts," St. Paul Legal-Ledger, April 24, 2003.

"Legal Research Tools on the Internet," The Barrister (December 2002).

"Minnesota Supreme Court Review Part II: 2001-2002," The Barrister (October, 2002).

"Minnesota Supreme Court Review: 2001-2002," The Barrister (September, 2002).

"Corporate America needs protection from itself," Houston Chronicle (July 8, 2002).

"In today's campaign finance reform wars, partial public beats full public financing," St. Paul Legal Ledger (February 22, 2001), at 5.

"Courts are the real winners in 2000 elections," St. Paul Legal Ledger, (December 26, 2000) at 5.

" Election as sport of wealthy fuels indifference," St. Paul Legal Ledger, (November 16, 2000) at 4.

Imagine politics as if people really mattered," St. Paul Legal-Ledger, (September 21, 2000) at 4.

"Tax Commuters-the Internet tax problem," St. Paul Legal-Ledger, (August 24, 2000) at 4.

"Will the Real Democratic Part please stand up?," St. Paul Legal-Ledger, (August 4, 2000) at 4.

"Guv gets a big fat zero for political reform," St. Paul Legal Ledger" (May 18, 2000), at 4

"Top 10 Ideas of Political Chicanery," St. Paul Legal Ledger, (March 2, 2000), at 2.

"National Media Hard on Jesse? Hardly!" Law & Politics (November, 1999) at 18.

"Tripartisan government fails to produce political reform," St. Paul Legal Ledger (May 22, 1999) at 5,

"Sportsfare: The political economy of publicly funded stadiums," St. Paul Legal Ledger, (June 24, 1999) at 5.

"Why giving politicians their own radio shows is bad politics," St. Paul Legal Ledger, (July 29, 1999) at 5.

"Behind lawsuit is principle: Government shouldn't be taking sides," Pioneer Press (September 2, 1999) at 15A.

"Justice Delayed, Justice Denied," Law & Politics, (August, 1999)

"Illegally stumping for a ballpark," Villager (August 26, 1999) at 6.

"Three strikes against argument for Twins stadium," Grand Gazette (July, 1999) at 4.

"The Newest Voting Bloc: The Depraved Voter," Law & Politics, (November, 1998)

"You Too Can Own the Twins," Law & Politics, (October, 1998)

"Internet: An Oversold Tool," Governing Magazine Web Page (1998)

"Special interests will survive recent tobacco settlement," Minnesota Lawyer (June 12, 1998) at 2.

"The wrecking ball as housing policy," Grand Gazette (February, 1998) at 4.

"Be yourself when considering alternatives to law," Minnesota Lawyer (September 26, 1997) at 4.

"Why the state should use its eminent domain power to acquire its sports teams," Minnesota Lawyer (September 5, 1997) at 2.

"Stadium issue demonstrates how the rich subvert system," Pioneer Press Dispatch (August 19, 1997) at A7.

"Governor, lawmakers reject openness, accountability," Pioneer Press Dispatch (March 25, 1997) at A9.

"Expose Yourself to Politics," Texas Observer (July 24, 1992) at p 23.