Madison and the Mentally Ill: The Death Penalty for the Weak, Not the Worst, 31 Regent University Law Review 209 (2019).

Mostly Settled, but Right for Now, 33 Constitutional Commentary 355 (University of Minnesota Law School) (2018).

The Highs and Lows of Michael Meltsner -- A Tribute, Northeastern Law Review Extra Legal: A Festschrift Honoring Michael Meltsner (2018).

Soft Supremacy, 58 William & Mary Law Review 1609 (2017).

Death Row, Calls for Indifference, and Redemption of the Soul, 77 Ohio State Law Journal Furthermore 106 (2016).

Three Supreme Court Failures and a Story of Supreme Court Success, 69 Vanderbilt Law Review 1019 (2016) (symposium contribution; reviewed by Jotwell).

Death Penalty Drugs and the International Moral Marketplace, 103 Georgetown Law Journal 1215 (with James Gibson) (2015).

God, Civic Virtue, and the American Way: Reconstructing Engel, 67 Stanford Law Review 479 (2015).

The Politics of Botched Executions, 49 University of Richmond Law Review 825 (2015) (symposium contribution).

Passive-Aggressive Executive Power, 73 Maryland Law Review 227 (2013) (symposium contribution).

The Virtues of Thinking Small, 67 University of Miami Law Review 397 (2013) (symposium contribution).

Upside-Down Judicial Review, 101 Georgetown Law Journal 113 (2012).

Lessons Learned from the Evolution of Evolving Standards, 4 Charleston Law Review 661 (2010).

The Doctrinal Side of Majority Will, 2010 Michigan State Law Review 775 (2010) (symposium contribution).

The Unexceptionalism of Evolving Standards, 57 UCLA Law Review 365 (2009).

Deciding Death, 57 Duke Law Journal 1 (2007).

Furman Fundamentals, 82 Washington Law Review 1 (2007).

Countermajoritarian Hero or Zero? Rethinking the Warren Court's Role in the Criminal Procedure Revolution, 152 University of Pennsylvania Law Review 1361 (2004).

Accuracy Where It Matters: Brady v. Maryland in the Plea Bargaining Context, 80 Washington University Law Quarterly 1 (2002).

Outraged over Immigration: Rethinking Doctrinal Responses, 82 Virginia Law Review 987 (1996).

Prosecutorial Ethics and the Reno Rule: Authorized by Law, 14 Criminal Justice Ethics 17 (1995).

Distorting Death, in Painting Constitutional Law (2019).

The Power, Problems, and Potential of "Evolving Standards of Decency", in The Eighth Amendment and Its Future in a New Age of Punishment (2019).

Following Finality: Why Capital Punishment Is Collapsing under Its Own Weight, in Final Judgments: The Death Penalty in American Law and Culture (Cambridge University Press) (2017).

Feminist Justice, The New Rambler (2016).

The Highs and Lows of Wild Justice, 50 Tulsa Law Review 503 (2015).

The International Market for Death Penalty Drugs, NCAA News (with Jim Gibson) (Winter 2015).

Death Penalty Drugs: A Prescription That's Getting Harder to Fill, 26 Richmond Law 10 (2013).

Following Finality: An Observation About the Death Penalty Over Time, 37 The National Association of Appellate Court Attorneys Newsletter 16 (2016).

What would RBG do?, Richmond Times Dispatch (September 2020).

Capital Punishment, Illuminated, Richmond Times-Dispatch (with Jim Gibson) (May 2014) (Op-Ed.).

Europe Taught America How To End the Death Penalty. Now Maybe It Finally Will., Guardian (with Jim Gibson) (May 2014) (Op-Ed.).

Lethal Injection, Politics, and the Future of the Death Penalty Allen Chair Symposium University of Richmond Law Review (October 2014).

Death Penalty in America: Perceptions, Reflection, and Reform Allen Chair Symposium University of Richmond Law Review (April 2007).