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Constitutional Revolutions:
Pragmatism and the Role of Judicial Review in American Constitutionalism (Duke University Press, 2000)
Which Constitution? Who Decides? The Problem of Judicial Supremacy and the Interbranch Solution, 28 Cardozo L. Rev. 1055 (2006)
The Harm of Same-Sex Marriage: Real or Imagined? 11 Widener Law Review 277 (2005)
Going Courting: How same-sex marriage opponents came to love the courts, Slate.com, Friday, September 9, 2005
Federalism as Balance, 79 Tulane L. Rev. 93 (2004) (Abstract Only)