Publications

"Safe Harbors," The American Lawyer (July 2007), pp.63-66

"Good Cop, Bad Cop," The American Lawyer, August 2006, pp. 69-71

"Rebels No More," The American Lawyer, April 2006, pp. 79-82 (review of Laura Kalman, Yale Law School and the Sixties)

“Leftward Leaning,” The American Lawyer, December 2005, pp. 77-79

“Incivility’s Virtues,” The American Lawyer (June 2005)

“Vital Centrism,” The American Lawyer (January 2005), pp. 61-5

“No Stranger to Rights,” The American Lawyer (November 2004), pp. 59-63. Reprinted in Legal Times, Nov. 22, 2004, p. 60

“Passage to India,” The American Lawyer  (November 2004), pp. 100-05

“Special Dispensation,” The American Lawyer (June 2004), pp. 69-71 (on 9/11 Compensation Fund)

“Equal Opportunity Recruiting,” The American Lawyer, January 2004, pp. 57-59.  A shorter version is published as “Why Yale should open its interview program to the military,” Yale Alumni Magazine (January/February 2004), pp. 23-4.

“Free to Lie,” The American Lawyer (August 2003), pp. 59-61

“Defensible Discrimination,” The American Lawyer (July 2003), pp.  Also published in Legal Times, June 9, 2003, p. 60

“Chartering a New Course,” The American Lawyer (Jan. 2003), pp

“China’s Legal Tea Leaves,” The American Lawyer (November 2002), pp. 73-75.

“The Pledge on the Edge,” The American Lawyer (September 2002), pp. 65-69.

“Diversity Dodge,” The American Lawyer, July 2002, pp. 75-76

“A Case for Profiling,” The American Lawyer, January 2002, pp. 59-61.  A shorter version is published in the Los Angeles Times, Jan. 26, 2002.

“Smoking Gun Lawsuits,” The American Lawyer, September 2001, pp. 81-5.

“The Classroom Clash,” The American Lawyer, February 2001, pp. 63-4.

“Memo to the President,” The American Lawyer, January 2001, pp. 78-79

“Diversity Demands Exclusivity,” The American Lawyer, September 2000, pp. 67-69

“Class Clarity,” The American Lawyer (January 2000), pp. 41-42

"The Problem with Punitive Damages," The American Lawyer (May 1999), pp. 97-98

"Border Crossing," The American Lawyer (January-February 1999), pp. 78-80

"The Profession and the Professors," The American Lawyer (June-July 1998), pp. 85-86

Published Books

Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples (Brookings Institution Press, 2006, cloth and paperback) (with Richard J. Zeckhauser)

Meditations of a Militant Moderate: Cool Views on Hot Topics (Rowman & Littlefield, 2006, cloth and paperback)

Immigration Stories (co-editor, with David A. Martin (Foundation Press, 2005))

Foundations of Administrative Law (editor) (2nd ed.,Foundation Press, 2004, paperback; 1st ed., Oxford University Press, 1994, cloth and paperback)

Diversity in America: Keeping Government at a Safe Distance (Harvard University Press/Belknap, cloth 2003, paperback 2005)

The Limits of Law: Essays on Democratic Governance (Westview Press, 2000, cloth and paperback)

Citizens, Strangers, and In-Betweens: Essays on Immigration and Citizenship (Westview Press, cloth 1998, paperback 2000)

Paths to Inclusion: The Integration of Migrants in the United States and Germany (with Rainer Munz, co-editor) (Berghahn Books, 1998, cloth and paperback)

Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare (W.W. Norton & Co. 1991, cloth and paperback) (editor)

Agent Orange on Trial: Mass Toxic Disasters in the Courts (Belknap/Harvard University Press, 1986 cloth, 1987 enlarged edition in paperback). Awarded the 1987 Silver Gavel from the American Bar Association for outstanding book on law

Citizenship Without Consent: Illegal Aliens in the American Polity (Yale University Press, 1985 cloth and paperback) (with Rogers Smith)

Suing Government: Citizen Remedies for Official Wrongs (Yale University Press, cloth 1983, paperback 1984)

The Judiciary Committees: A Study of the House and Senate Judiciary Committees (Viking Press, 1975 cloth and paperback)