Litigation With the Federal Government (West Academic Press, forthcoming 2016)

Litigation With the Federal Government: Cases and Materials (with Teacher's Manual) (Foundation Press, 2000) (2d ed., 2008) (2024 Update)

Marital Privilege (A Novel) (North Star Press, 2014)

“Too Many Notes”? An Empirical Study of Advocacy in Federal Appeals 12 Journal of Empirical Legal Studies 578 (2015)

The Legal Ethics of Real Evidence: Of Child Porn on the Choirmaster's Computer and Bloody Knives Under the Stairs 89 Washington Law Review 819 (2014)

Twilight for the Strict Construction of Waivers of Federal Sovereign Immunity 92 North Carolina Law Review 1245 (2014)

Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence From the Federal Courts 98 Iowa Law Review 231 (2012) (with Michael Heise)

Ideology “All the Way Down”? An Empirical Study of Establishment Clause Decisions in the Federal Courts 110 Michigan Law Review 1201 (2012) (with Michael Heise)

The Jurisdiction of the Court of Federal Claims and Forum-Shopping in Money Claims Against the Federal Government 88 Indiana Law Journal 83 (2012)

The Dynamic Attorney-Client Privilege 23 Georgetown Journal of Legal Ethics 201 (2010) — Cited in Gillard v. AIG Ins. Co. 15 A.3d 44, 58 (Pa.)