INVENTING PARLIAMENT: THE FORMATION OF A LEGISLATIVE POWER IN MEDIEVAL ENGLAND, 1100- 1350 (Routledge, forthcoming).
CONSTITUTIONAL LAW: SOURCES AND PROBLEMS (ChartaCourse 2017) [Digital Casebook]
Genteel Culture, Legal Education, and Constitutional Controversy in Early National Virginia, LAW & HISTORY REVIEW 41, no. 4 (2023)
"Life and Afterlife in the Steel Seizure Case, BUFFALO LAW REVIEW 70, no. 2 (2022), 875-911.
Response: Our Imperial Federal Courts, VANDERBILT LAW REVIEW EN BANC 74 (2021), 125-43 (responding to Christian Burset, Advisory Opinions and the Problem of Legal Authority).
Normativity and Objectivity in Historical Writing (My Dinner with Schlegel), BUFFALO LAW REVIEW 69, no. 1 (2021), 133–52 (invited conference essay).
Presidential Whim, OHIO NORTHERN UNIVERSITY LAW REVIEW 46, no. 3 (2020), 489–514 (invited symposium essay).
The Constitutional Convention and Constitutional Change: A Revisionist History, LEWIS & CLARK LAW REVIEW 24 (2020), 1-51.
The Legislature at War: Bandits, Runaways and the Emergence of a Virginia Doctrine of Separation of Powers, LAW & HISTORY REVIEW 37, no. 2 (2019), 493-538 (peer-reviewed).
How to Think Constitutionally About Prerogative: A Study of Early American Usage, BUFFALO LAW REVIEW 66 (2018), 557-668.
The Josiah Philips Attainder and the Institutional Structure of the American Revolution, HOWARD LAW JOURNAL 60 (2017), 413–58.
*Selected for 2016 Law & Humanities Junior Scholar Workshop.
On the Place of Judge-Made Law in a Government of Laws, CRITICAL ANALYSIS OF LAW 3 (2016), 243–60 (peer-reviewed).
Due Process as Choice of Law: A Study in the History of a Judicial Doctrine, WILLIAM & MARY BILL OF RIGHTS JOURNAL 24 (2016), 1047–106.
Bills of Attainder, HOUSTON LAW REVIEW 53 (2016), 767–908.
Judicial Review and Non-Enforcement at the Founding, UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 17 (2014), 479–568.
* Selected for 2014 Harvard/Stanford/Yale Junior Faculty Forum.
Collaborative Departmentalism, BUFFALO LAW REVIEW 61 (2013), 345–411.
The Democratic Common Law, THE JOURNAL JURISPRUDENCE 10 (2011), 437–86.
The Bill of Attainder Clause of Article I, sections 9 and 10, in The Heritage Guide to the Constitution (3rd ed., forthcoming 2025).
Review of Edward A. Purcell, Jr., Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon (Oxford: Oxford University Press 2020), LAW & HISTORY REVIEW 39, no. 3 (2021), 612-15.
Reason, the Common Law, and the Living Constitution, LEGAL THEORY 17 (2011), 279300 (peer-reviewed) (review of David Strauss, The Living Constitution (Oxford: Oxford University Press, 2010)).