Publications

BOOKS

Brown v. Board: Landmark Oral Argument Before the Supreme Court, The New Press, May, 2004

The Justices of the United States Supreme Publishers Court: Their Lives and Major Opinions (Revised Edition)(editor and contributor), Chelsea House Publishers, July, 1995

The Supreme Court Confronts Abortion: The Record in the Casey Case in the Supreme Court, Farrar, Straus & Giroux, Inc. August, 1993

The Civil Rights Act of 1991 (co-author), ALI/ABA Committee on Continuing Legal Education, August, 1993

The Nixon Presidency: Politician, President, Administrator;(with Professor William Levantrosser) (3 vols), Greenwood Press, Vol. I: Sept. 1991; Vol. II: Sept. 1992; Vol. III: January, 1993

Know Your Government: The United States Supreme Court, Chelsea House, Dec.,1986

Entertainment Industry Contracts (Volume II: Book Publishing), Matthew Bender, October, 1986 (annual updates)

The Burger Court (editor and contributor), Chelsea House/ R.R. Bowker Co., Aug., 1978

United States v. Nixon (editor), Chelsea House/ R.R. Bowker Co., Oct., 1974

Disorder in the Court (with Norman Dorsen), Pantheon Books, Dec., 1973

*The Law of War (editor), Random House Oct., 1972

Unquestioning Obedience to the President: the ACLU case against the Legality of the War in Vietnam (with Burt Neuborne), W.W. Norton, May, 1972

The Wise Minority, Dial Press, Feb., 1971

Obscenity (editor), Chelsea House, June, 1970

**The Justices of the U.S. Supreme Court, 1789-1969 (editor and contributor), Chelsea House/R. R. Bowker Co., Dec., 1969

Argument (editor), Chelsea House, Oct., 1969

The Civil Rights Reader (editor), Walker & Co., July, 1968

Southern Justice (editor and contributor), Pantheon Books, Nov., 1965


 * Named as one of the outstanding reference books of the year by the American Library Association.
**Awarded Scribes Award as the outstanding book on legal subject published in 1970.

ARTICLES

Books

"Separation of Powers and the Watergate Affair," Congressional Quarterly, August, 2004

"Constitutional Contributions of Judge Matthew Perry," South Carolina University Press

"New Developments in Section 1983 Cases" PLI 16th Annual Section 1983 Civil Rights Handbook, October, 2001.

"New Developments in Section 1983 Cases" PLI 16th Annual Section 1983 Civil Rights Handbook, October, 2000.

"Anatomy of a State Action Case," PLI 16th Annual Section 1983 Civil Rights Handbook, October, 2000.

"The New Federalism," PLI Supreme Court Review, 2000

"Substantive Scope of Liability under Section 1983 and the Use of Section 1983 in Public Employee Litigation," Employment Discrimination and Civil Rights Actions in Federal and State Courts, ALI/ABA Course of Study, February, 2000

"Relationship Between Title VII, Section 1981, 1983, ADEA, The Equal Pay Act, and State Causes of Action for Employment Discrimination," Employment Discrimination and Civil Rights Actions in Federal and State Courts, ALI/ABA Course of Study, February, 2000;

"Public Employment Litigation," Employment Discrimination and Civil Rights Actions in Federal and State Courts, ALI/ABA Course of Study, February, 2000;

Sample Memorandum of Law In Support of Attorney Fee Request, Employment Discrimination and Civil Rights Actions in Federal and State Courts, ALI/ABA Course of Study, February, 2000;

"Supreme Court Cases Relating to Employment Discrimination and Civil Rights, October Term 1996-97 and 1997-98," Employment Discrimination and Civil Rights Actions in Federal and State Courts, ALI/ABA Course of Study, February, 1998;

"New Developments in Civil Rights Litigation and Trends in Section 1983 Actions," ALI/ABA Course of Study, May, 1997, August, 1996, June, 1995.

Model Attorney's Fee Litigation Papers, Employment Discrimination and Civil Rights Actions in Federal and State Courts, ALI/ABA Course of Study, August, 1996;

"Constitutional Torts," in PLI Civil Rights Handbook,1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, 1991, 1990, 1989, 1988, 1987, 1986;

"Freedom of Speech: Should it be Available to Pornographers, Nazis and the Klan," in Group Defamation and Freedom of Speech (Monroe H. Freedman and Eric M. Freedman, eds.), Greenwood Press, 1995;

Justice Potter Stewart in Leon Friedman and Fred L. Israel, eds., The Justices of the United States Supreme Court, published by Chelsea House Publishers, July, 1995;

Justice Stephen Breyer in Leon Friedman and Fred L. Israel, eds., The Justices of the United States Supreme Court, published by Chelsea House Publishers, July, 1995;

Justice Byron White in Leon Friedman and Fred L. Israel, eds., The Justices of the United States Supreme Court, published by Chelsea House Publishers, July, 1995;

Chief Justice Warren E. Burger in Leon Friedman and Fred L. Israel, eds., The Justices of the United States Supreme Court, published by Chelsea House Publishers, July, 1995;

"The Civil Rights Act of 1991: Procedural Issues," ALI/ABA Video Law Review Study, 1992;

"The Civil Rights Act of 1991: Limitations Period and Attacks upon Consent Decrees," PLI Civil Rights Handbook, February, 1992;

"War Crimes," in The Encyclopedia of Crime and Justice, (Macmillan/Free Press, 1983);

"Discretion and Public Prosecution," in Social Psychology and Discretionary Law,edited by Professor L.E. Abt and Professor I.R. Stuart, published by Van Nostrand Reinhold Company in January, 1979;

"The Democratic Party, 1860-1884," in Arthur Schlesinger, Jr. ed., History of U.S. Political Parties, (New York, 1973);

"The Election of 1944," in Arthur Schlesinger, Jr. ed., History of American Presidential Elections, (New York, 1972);

Biographical articles on John Rutledge, Alfred Moore, Salmon P. Chase, Joseph P. Bradley and Charles Whittaker in Leon Friedman and Fred L. Israel, eds., The Justices of the U.S. Supreme Court, 1789-1969, (New York, 1969);

"The Federal Courts of the South," in Leon Friedman ed., Southern Justice, (New York, 1965).


Magazines, Journals, Newspapers:

"U.S. is Violating Accord on POW’s," Newsday, January 26, 2004

"200 Years Ago, The Supreme Court Hit the Big One," Newsday, September 2, 2003

"It Won’t Be Easy to Convict John Walker," New York Times, December 29, 2001

"Overruling the Court," American Prospect, August 27, 2001, p.12

"Questions for Ashcroft," The Nation, February 5, 2001

"Court Battle Could Lead to Bad Law," Newsday, December 12, 2000, p.A45

"A Better Kind of Wealth Tax," American Prospect, November 6, 2000 at 1819.

"Qualified Immunity When Facts Are in Dispute," 16 Touro L. Rev. 857 (Spring, 2000).

"No More Hurricane Carters", New York Times, January 17, 2000, p. (reprinted in Seattle, San Diego and Albany papers)

"Police Minorities Gulf Must be Narrowed" Newsday, February 28, 2000, A45 (also in Deseret News).

"Supreme Court Federalism Decisions," 16 Touro L. Rev. 243 (Winter, 2000).

"Intent, Purpose and Motivation in Constitutional Litigation," 15 Touro L. Rev. 1607 (Summer, 1999)

"Line Item Veto and Separation of Powers," 15 Touro L. Rev. 983 (Spring, 1999).

"Definition of War Crimes and Their Use in the International Criminal Tribunals for the Former Yugoslavia and Rwanda," 3 Hofstra Law and Policy Symposium 9 (1999).

"How a Good Ruling Might Injure Artists," Newsday, April 16, 1998, p. A53 (reprinted in Tulsa News)

"The Assisted Suicide Cases in the Supreme Court," 14 Touro Law Review 415 (Winter, 1998)

"Freedom of Speech: How Does the New York Constitution Compare to the United States Constitution," 14 Touro Law Review 594 (Spring, 1998).

"High Court is Flexing Too Much Muscle," Newsday, July 1, 1997, A33

"Race Again Tilts Scale in O.J. Simpson Case," Newsday, February 6, 1997, p. A49.

"A Snare the Wealth Tax," The Nation, January 7, 1997, p. 23.

"The Scary Shift Toward Corporate News," Newsday,Movember 27, 1995, p. A21. (also reprinted in Memphis Commercial Appeal, December 3, 1995)

"Evidence, Reason May Simply Not Count," Newsday, October 4, 1995, p. A35.

"O.J. Trial: Don't Blame the Messenger," Newsday,April 26, 1995; also appeared in Pittsburgh Post-Gazette, Arizona Republic, Atlanta Journal.

"Let the Victim Confront the Victimizers," Newsday, February 15, 1995;

"Innocence and The Death Penalty," 23 Hofstra L. Rev. 633
(Spring, 1995).

"Symposium, The Supreme Court and Local Government Law, The 1992-93 Term: Retroactivity, Equal Protection and Standing," 10 Touro Law Review 503 (Winter, 1994).

"O.J. is More Equal Than Others," Newsday, October 24, 1994,
St. Louis Post-Dispatch, Philadelphia Inquirer.

"Television and Violence: a Symposium: Introduction," 22 Hofstra L. Rev. 775 (Summer, 1994)

"Symposium, The Supreme Court and Local Government Law, The 1991-92 Term: Commerce Clause, Preemption and 10th Amendment cases," 9 Touro L. Rev. (1993).

"A Modest Proposal to Net the Rich," The Nation, May 31, 1993, p. 725

"Purloined Letter?" The Nation, December 28, 1992, p. 797.

"The Retroactivity Battle: The Civil Rights Act of 1991," New York Law Journal, February 19, 1992, p. 3. (with Prof. Martin Schwartz)

"Quoting History," The Nation, June 10, 1991, p. 759.

"Symposium, The Supreme Court and Local Government Law, The 1989-90 Term: Section 1983 Cases" 7 Touro L. Rev. 285 (1991).

"The Framers, on War Powers," New York Times, November 27, 1990, page A23.

"Drawing Up Book Contracts with Commonwealth Publishers," New York Law Journal, August 31, 1990, p. 5.

"Copyright Wrongs," The Nation, March 19, 1990, p. 368.

"Symposium, The Supreme Court and Local Government Law, The 1988-89 Term: Section 1983 Cases" 6 Touro L. Rev. 5 (1990).

"Copyright Chaos, 1989," The Nation, June 5, 1989, p. 759.

"Section 1983 Developments," Trials, Evidence, Civil Practice and Effective Litigation Techniques, ALI/ABA Course of Study, February, 1990.

"Don't Allow Libel Laws to Gag Critics," Newsday, April 28, 1988, p. 93.

"Crime and Publication," New York Newsday, April 27, 1987, p. 52.

"When Publishers, Book Club Meet," New York Law Journal, January 23, 1987, p. 5.

"Devising a Contract for Ghost Writers and their Famous Subjects," New York Law Journal, January 9, 1987, p. 5.

"Chief Justice Warren E. Burger: The Community's Protector," American Bar Association Journal, July 15, 1986.

"Don't Meddle with Habeas Corpus," New York Times, December 7, 1985.

"Parratt v. Taylor: Opening and Closing the Door on Section 1983," 9 Hastings Constitutional Law Quarterly, 545 (Spring 1982).

"The Reagan Attack on Civil Liberties," New York Times, May 17, 1982.

"The Carey Crime Bill," New York Times, June 16, 1978.

"The Good Faith Defense in Constitutional Litigation," 5 Hofstra Law Review, 501 (Spring, 1977).

"How to Obtain your Government File," Ms. Magazine, June, 1977.

"The Special Prosecutors Report," Newsday, March 18, 1976.

"Meeting the FBI," New York Review of Books, October 17, 1974.

"It's No Way to Police Lawyers," New York Times, March 16, 1974.

"Courtroom Disorder: As American as Apple Pie," Juris Doctor, January, 1974 (with Norman Dorsen).

"Up Against the Burger Court," Civil Liberties Review, September, 1973.

"The Future of Legal Services," New York Law Journal, August 14, 15, 16 and 17, 1973.

"Alimony - A Special Kind of Debt," New York Times, March 25, 1973.

"Sovereign Immunity - The State in the Dock," New York Times, February 18, 1973.

"Child Custody - 'Fathers Don't Make Good Mothers', Said the Judge," New York Times, January 28, 1973.

"Press and Court - A Conflict Between Two Rights," New York Times, November 26, 1972.

"Homosexuals - Out of the Closet, Into the Classroom," New York Times, November 26, 1972.

"Judges - How Should They Be Picked," New York Times, October 8, 1972.

"Obscenity - The Movies That Have No Ratings," New York Times, September 3, 1972.

"Private Clubs Under the Law," New York Law Journal, July 31, 1972.

"Disclosure: When is a Secret Not a Secret," New York Times, June 25, 1972.

"Prosecution: Is it Fair to Pick and Choose," New York Times, June 11, 1972.

"The Grand Jury: Sword or Shield," Committee for Public Justice, May, 1972.

"Can Lawyers be Revolutionaries," Juris Doctor, April, 1972.

"Privilege: A Test of Senatorial Immunity," New York Times, December 12, 1971.

"Rehnquist: He Was A Very Elusive Target," New York Times, December 12, 1971.

"Grand Juries: Strange Doings by the 'Honest Countryman" New York Times, November 7, 1971.

"Kennedy Justice," Juris Doctor, February, 1971.

"Criminal Code: A Plan To Bring Order Out of Chaos," New York Times, January 17, 1971.

"Political Power and Legal Legitimacy: A Short History of Political Trials," Antioch Review, Summer, 1970.

"Judicial Activism - The Supreme Court and the Idea of Progress," Commentary, 1970.

"Conspiracy and Due Process - The Trial of Dr. Spock," Commentary, December, 1969.

"Conscription and the Constitution: The Original Understanding," 67 Michigan Law Review 1493, June, 1969.

"Sacco, Vanzetti and the Scottsboro Boys," New Republic, March 27, 1969.

"Legal Gouging," New Republic, February 1, 1969.

"Free Tom Mooney," New Republic, June 22, 1968.

"Obscenity in the Courts," New Republic, June 22, 1968.

"Literature and Crime," Encounter, August, 1967.

"The Ginzburg Decision and the Law," American Scholar, Winter, 1966-67.