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 Carl William Tobias
Carl William Tobias
Williams Professor of Law
Courses Taught Torts Products Liability Constitutional Law

Professor Carl Tobias holds the Law School’s prestigious Williams Chair and writes in a number of areas, with a particular emphasis on federal judicial selection. A prolific scholar, Professor Tobias is the author of over 120 law review articles and the author or co-author of more than 80 essays, commentaries, and other shorter works in law reviews. He has published in the country’s top law journals, including the Stanford, Columbia, California, and Cornell Law Reviews, among others. Professor Tobias is also a frequent commentator in the media and has written several hundred opinion pieces published in the Washington Post, Los Angeles Times, Christian Science Monitor, Slate and Politico, among other high-profile media outlets. He has served as a Legal Consultant to the Food and Drug Administration and the American Bar Association’s Commission on the Twenty-First Century Judiciary as well as a member of the District Court Local Rules Review Committee of the Ninth Circuit Chief District Judges Conference, the Civil Justice Reform Act Advisory Group for the U.S. District Court for the District of Montana, and the Study Committee to Review the Nevada Rules of Civil Procedure. Professor Tobias has been a member of the prestigious American Law Institute since 1994.

Reporter, National Confernce on Appellate Justice (2005 - present)
Member, American Law Institute (1994 - present)
Member, Civil Justice Reform Act Advisory Group, United States District Court for the District of Montana (1994 - present)
Reporter, Carnegie Commission on Science, Technology and Government, Task Force on Science and Technology in Judicial and Regulatory Decision Making, Data Collection Discussion Group (1992 - present)
Counsel, U.S. Senate Judiciary Committee, Subcommittee on Separtaion of Powers (1975 - present)
Legal Consultant, ABA Commission on the Twenty- First Century Judiciary (2002 - 2003)
Member, Study Committee to Review the Nevada Rules of Civil Procedure (1999 - 2003)
Member, District Court Local Rules Review Committee, Ninth Circuit Judicial Council (1994 - 1997)
Legal Consultant, Adminsitrative Confernce of the United States (1990 - 1995)
Director, Montana Natural Resources Clinic (Environmental Law Clinic under National Wildlife Federation auspices (1980 - 1982)
Legal Consultant, Office of General Counsel, U.S. Food and Drug Adminstration (1976 - 1982)
Counsel, Virginia Wetlands Study Commission and Virginia Senate Argriculture, Conservation and Natural Resources Committee (1971 - 1972)
Professional Experience
Williams Professor of Law (2004 - present)
University of Richmond School of Law, Richmond, VA
Visiting Williams Professor of Law (2003 - 2004)
University of Richmond School of Law, Richmond, VA
Professor of Law (1998 - 2004)
William S. Boyd School of Law, University of Nevada, Las Vegas, NV
Professor of Law (1975 - 1998)
University of Montana School of Law,, Missoula, MT
General Civil Litigation and General Environmental Work (1972 - 1975)
Hunton and Williams, Richmond, VA
Journal Articles

Filling Judge Flaum's Vacant Seventh Circuit Seat, 11 Houston Law Review 48 (2021).

Fill the New York Federal District Court Vacancies, N.Y.U. Journal of Legislation & Public Policy Quorum (2020).

Filling the California Federal District Court Vacancies, 11 California Law Review Online 68 (2020).

Filling the Federal District Court Vacancies, 22 N.Y.U. Journal of Legislation & Public Policy (2020).

Filling the Federal District Court Vacancies, 22 N.Y.U. Journal of Legislation & Public Policy 421 (2020).

Keep the Federal Courts Great, 100 Boston University Law Review Online 196 (2020).

The Blue Slip Blues, Yale Law & Policy Review Inter Alia (2020).

Selecting District Judges in the 116th Senate Lame Duck Session, 37 Yale Journal of Regulation Notice & Comment (2020).

Fact-Checking Trump's Federa; Bench Fabrications in the First Debate, 23 N.Y.U Journal of Legislation & Public Policy (2020).

Joe Biden, Donald Trump, and Lower Court Appointments, 115 Northwestern University Law Review Of Note (2020).

The Federal Law Clerk Hiring Pilot and The Coronavirus Pandemic, 54 UC Davis Law Review Online 54 (2020).

Filling the California Ninth Circuit Vacancies, 92 Southern California Law Review Postscript 83 (2019).

Filling the Ninth Circuit Vacancies , 27 William & Mary Bill of Rights Journal 1113 (2019).

President Donald Trump's War on Federal Judicial Diversity, 54 Wake Forest Law Review 531 (2019).

Senator Chuck Grassley and Judicial Confirmations, 104 Iowa Law Review Online 31 (2019).

Filling the New York Federal District Court Vacancies, 76 Washington and Lee Law Review Online 1 (2019).

Curing the Federal Court Vacancy Crisis, 53 Wake Forest Law Review 883 (2018).

Marriage Equality Comes to the Fourth Circuit, 75 Washington & Lee Law Review 2005 (2018).

Senate Blue Slips and Senate Regular Order, Yale Law and Policy Review Inter Alia (2018).

President Donald Trump and Federal Bench Diversity, 74 Washington & Lee Law Review Online 400 (2018).

The Blue Slip Blues, 36 Yale Law & Policy Review Inter Alia (2018).

Filling the Texas Federal Court Vacancies, 95 Texas Law Review 170 (2017).

Combatting the Ninth Circuit Judicial Vacancy Crisis, 73 Washington & Lee Law Review Online 678 (2017).

Confirming Judge Restrepo in the Third Circuit, 88 Temple Law Review Online (2017).

Confirming Supreme Court Justices in a Presidential Election Year, 94 Washington University Law Review 1089 (2017).

Filling the Seventh Circuit Vacancies, 2017 Wisconsin Law Review 225 (2017).

Marriage Equality Comes to the Fourth Circuit, 95 North Carolina Law Review (2017).

Nominate Judge Koh to the Ninth Circuit Again, 74 Washington & Lee Law Review Online 64 (2017).

Recalibrating Judicial Renominations in the Trump Administration, 74 Washington & Lee Law Review Online 678 (2017).

Confirm Judge Koh for the Ninth Circuit, 73 Washington & Lee Law Review Online 449 (2016).

Confirm Myra Selby for the Seventh Circuit, 92 Indiana Law Journal Supplement 27 (2016).

Confirming Circuit Judges in a Presidential Election Year, 84 George Washington Law Review Arguendo 160 (2016).

Confirming Judges In The 2016 Senate Lame Duck Session, 19 University of Pennsylvania Journal of Constitutional Law Online 1 (2016).

Fixing the Federal Judicial Selection Process, 65 Emory Law Journal Online (2016).

The Republican Senate and Regular Order, 101 Iowa Law Review Online 12 (2016).

Transforming the Thurmond Rule in 2016, 66 Emory Law Journal Online 2001 (2016).

Filling the Federal Court in a Presidential Election Year, 50 University of Richmond Law Review (2016).

Certiorari and the Marriage Equality Cases, 48 University of Michigan Journal of Law Reform Online 28 (2015).

Electing Justice Roush to the Supreme Court of Virginia, 72 Washington and Lee Law Review Online 360 (2015).

Filling the D.C. Circuit Vacancies, 91 Indiana Law Journal 121 (2015).

Filling the Federal Appellate Court Vacancies, 17 University of Pennsylvania Journal of Constitutional Law Online 1 (2015).

Implementing Marriage Equality in America, 65 Duke Law Journal Online 25 (2015).

Judicial Selection in Congress' Lame Duck Session, 90 Indiana Law Journal Supplement 52 (2015).

Marriage Equality Comes to America, 6 Houston Law Review 13 (2015).

Marriage Equality Comes to Virginia, 49 University of Richmond Law Review 1193 (2015).

Marriage Equality Comes to Wisconsin, 2015 Wisconsin Law Review Forward 81 (2015).

Considering Patricia Millet for the D.C. Circuit, 4 Wake Forest Law Review Online 11 (2014).

Filling the District of Arizona Vacancies, 56 Arizona Law Review Syllabus 4 (2014).

Salvaging the 2013 Federal Law Clerk Hiring Season, 91 Washington University Law Review 243 (2013).

Senate Gridlock and Federal Judicial Selection, 88 Notre Dame Law Review 2233 (2013).

Tips for Capturing 2014 Federal Court Clerkships, 66 Vanderbilt Law Review En Banc 145 (2013).

Commentary: Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts, 90 Washington University Law Review 577 (2012).

Filling the Judicial Vacancies in a Presidential Election year, 46 University of Richmond Law Review 985 (2012).

Justifying Diversity in the Federal Judiciary, 106 Northwestern University Law Review Colloquy 383 (2012).

Saluting Judge Philip Pro's Quarter Century of Nevada District Service, 12 Nevada Law Journal 511 (2012).

Essay: Judge Thompson and the Appellate Court Confirmation Process, 91 Boston University Law Review 243 (2011).

Filling the Fourth Circuit Vacancies, 89 North Carolina Law Review 2161 (2011).

A Fourth Circuit Photograph, 45 Wake Forest Law Review 1373 (2010).

Diversity and the Federal Bench, 87 Washington University Law Review 1197 (2010).

Fourth Circuit Judicial Appointments, 61 South Carolina Law Review 445 (2010).

Postpartisan Federal Judicial Selection, 51 Boston College Law Review 769 (2010).

Filling Federal Appellate Vacancies, 41 Arizona State Law Journal 829 (2009).

Resolving Amicus Curiae Motions in the Third Circuit and Beyond, 1 Drexel Law Review 125 (2009).

Dear President Bush: Leaving a Legacy on the Federal Bench, 42 University of Richmond Law Review 1041 (2008).

FDA Regulatory Compliance Reconsidered, 93 Cornell Law Review 1003 (2008).

Reconsidering Virginia Judicial Selection, 43 University of Richmond Law Review 37 (2008).

Assessing the Revised Arizona Local Rules of Federal Procedure, 39 Arizona State Law Journal 521 (2007).

The Process Due Indefinitely Detained Citizens, 85 North Carolina Law Review 1687 (2007).

Efforts to Split the Ninth Circuit Unsuccessful in the 109th Congress, 90 Judicature 135 (2006).

Reassessing Charitable Immunity in Virginia, 41 University of Richmond Law Review 6 (2006).

Viewpoint: Legislation Without Deliberation, 189 Judicature 236 (2006).

Fourth Circuit Publication Practices, 62 Washington and Lee Law Review 1733 (2005).

Health Courts: Panacea or Palliative?, 40 University of Richmond Law Review 49 (2005).

Symposium Essay: Appellate Court Appointments in the Second Bush Administration, 39 University of Richmond Law Review 949 (2005).

The Federal Appellate Court Appointments Conundrum, 2005 Utah Law Review 743 (2005).

Brown and the Desegregation of Virginia Law Schools, 39 University of Richmond Law Review 39 (2004).

Committee to Evaluate Judicial Conduct and Disability Act, Judicature 36 (2004).

Doing Right by Charles Alan Wright, 37 U.C. Davis Law Review 1351 (2004).

Punishment and the War on Terrorism, 6 University of Pennsylvania Journal of Constitutional Law 1116 (2004).

Response: More Proposals to Simplify Modern Federal Procedure, 38 Georgia Law Review 1323 (2004).

Rule 11 and Rule Revision, 37 Loyola of Los Angeles Law Review 573 (with Margaret Sanner) (2004).

Detentions, Military Commissions, Terrorism, and Domestic Case Precedent, 76 Southern California Law Review 1371 (2003).

Justice Byron White and the Importance of Process, 30 Hastings Constitutional Law Quarterly 297 (2003).

Procedural Provisions in Nevada Medical Malpractice Reform, 3 Nevada Law Journal 406 (2003).

Quirin Revisited, 2003 Wisconsin Law Review 309 (with A. Bryant) (2003).

Sixth Circuit Federal Judicial Selection, 36 U.C. Davis Law Review 721 (2003).

The Past and Future of the Federal Rules in State Courts, 3 Nevada Law Journal 400 (2003).

A Civil Discovery Dilemma for the Arizona Supreme Court, 34 Arizona State Law Journal 615 (2002).

Anastasoff, Unpublished Opinions, and Federal Appellate Justice, 25 Harvard Journal of Law & Public Policy 1171 (2002).

Dear Chief Judge Schroeder, 13 Stanford Law and Policy Review 161 (2002).

Dear President Bush, 67 Missouri Law Review 1 (2002).

Federal Judicial Selection in the Fourth Circuit, 80 North Carolina Law Review 2001 (2002).

Intentional Infliction of Emotional Distress in Nevada, 2 Nevada Law Journal 59 (2002).

Judge Procter Hug, Jr. and Good Judgment, 3 Nevada Law Journal 29 (2002).

Judicial Selection at the Clinton Administration's End, 19 Law and Inequality: A Journal of Theory and Practice 159 (2002).

Local Federal Civil Procedure for the Twenty-First Century, 77 Notre Dame Law Review 533 (2002).

Note on the Neutral Assignment of Federal Appellate Judges, 39 San Diego Law Review 151 (2002).

The Expiration of the Civil Justice Reform Act of 1990, 59 Washington and Lee Law Review 541 (2002).

Youngstown Revisited, 29 Hastings Constitutional Law Quarterly 373 (with Christopher Bryant) (2002).

A Divisional Arrangement for the Federal Appeals Courts, 43 Arizona Law Review 633 (2001).

A Modest Reform for Federal Procedural Rulemaking, Law & Contemporary Problems 283 (2001).

Charles Alan Wright and the Fragmentation of Federal Practice and Procedure, 19 Yale Law & Policy Review 463 (2001).

The 2000 Federal Civil Rules Revisions, 38 San Diego Law Review 875 (2001).

The Bush Administration and Appeals Courts Nominees, 10 William & Mary Bill of Rights Journal 103 (2001).

Shifting Winds: Court Whittles Away at Plaintiff's Recovery of Attorney Fees, American Bar Association Journal 43 (with Margaret Sanner) (2001).

A Preferable Approach for the Ninth Circuit, 88 California Law Review 1657 (with Procter Hug, Jr.) (2000).

Chief Judge Martin and the Modern Sixth Circuit, 49 American University Law Review 1059 (2000).

Choosing Judges at the Close of the Clinton Administration, 52 Rutgers Law Review 827 (2000).

Civil Justice Delay and Empirical Data: A response to Professor Heise, 51 Case Western Reserve Law Review 235 (2000).

Congress and the 2000 Federal Civil Rules Amendments, 22 Cardozo Law Review 75 (2000).

Filling the Federal Appellate Openings on the 9th Circuit, 19 Review of Litigation 233 (2000).

Natural Resources and the White Commission Report, 79 Oregon Law Review 619 (2000).

Rethinking Intervention in Environmental Litigation, 78 Washington University Law Quarterly 313 (2000).

The Federal Appeals Courts at Century's End, 34 U.C. Davis Law Review 549 (2000).

The Next Step for the Ninth Circuit, 73 Southern California Law Review 1407 (2000).

The White Commission and the Federal Circuit, 10 Cornell Journal of Law and Public Policy 45 (2000).

A Federal Appellate System for the Twenty-First Century, 74 Washington Law Review 275 (1999).

A Split by Any Other Name ..., 15 Journal of Law & Politics 397 (with Proctor Hug, Jr.) (1999).

Choosing Judges at the Close of the Clinton Administration, 52 Rutgers Law Review 827-854 (1999).

Fin-De-Siecle Federal Civil Procedure, 51 Florida Law Review 641 (1999).

Leaving a Legacy on the Federal Courts, 53 University of Miami Law Review 315 (1999).

Local Procedural Review in the Eighth Circuit, 1 The Journal of Appellate Practice and Process 101 (1999).

The Imminent Demise of Interspousal Tort Immunity, 60 Montana Law Review 101 (1999).

Civil Justice Reform Sunset, 1998 University of Illinois Law Review 547 (1998).

Dear Justice White, 30 Arizona State Law Journal 1127 (1998).

Did the Civil Justice Reform Act of 1990 Actually Expire, 31 Universtiy of Michigan Journal of Law Reform 887 (1998).

Discovery Reform Redux, 31 Connecticut Law Review 1433 (1998).

Federal Judicial Selection in a Time of Divided Government, 47 Emory Law Journal 527 (1998).

Panel Rejects Ninth Circuit Split, 82 Judicature 144 (1998).

Reforming Common Sense Legal Reforms, 30 Connecticut Law Review 537 (1998).

The Federal Appellate Study at Midpoint, 82 Judicature 44 (1998).

Choosing Federal Judges in the Second Clinton Administration, 24 Hastings Constitutional Law Quarterly 741 (1997).

Congress Authorizes Appellate Study Panel, 81 Judicature 125 (1997).

Contemplating the End of Federal Civil Justice Reform in Montana, 58 Montana Law Review 281 (1997).

Dear President Clinton, 19 Women's Rights Law Reporter 39 (1997).

Fostering Balance on the Federal Courts, 47 American University Law Review 935 (1997).

House Authorizes Appellate Court Study Commission, 80 Judicature 292 (1997).

Magistrate Judges in the Montana Federal District, 174 Federal Rules Decisions 514 (1997).

Some Cautions about Structural Overhaul of the Federal Courts, 51 University of Miami Law Review 389 (1997).

Some Realism about Federal Procedural Reform, 49 Florida Law Review 49 (1997).

Suggestions for Studying the Federal Appellate System, 49 Florida Law Review 189 (1997).

The Judicial Vacancy Conundrum in the Ninth Circuit, 63 Brooklyn Law Review 1283 (1997).

Why Congress Should Not Split the Ninth Circuit, 50 SMU Law Review 583 (1997).

An Analysis of Federal Appellate Court Study Commissions, 74 Denver University Law Review 65 (1996).

Congress Considers Bill to Split Ninth Circuit, 79 Judicature 198 (1996).

Continuing Federal Justice Reform in Montana, 57 Montana Law Review 143 (1996).

Filling the Federal Courts in an Election Year, 49 SMU Law Review 309 (1996).

Foreward: The Proposal to Split the Ninth Circuit Court of Appeals, 57 Montana Law Review 241 (1996).

Intentional Infliction of Mental Distress in Montana, 57 Montana Law Review 493 (1996).

New Certiorari and a National Study of the Appeals Courts, 81 Cornell Law Review 1264 (1996).

Ongoing Federal Civil Justice Reform in Montana, 57 Montana Law Review 511 (1996).

Public School Desegregation in Virginia during the Post-Brown Decade, 37 William and Mary Law Review 1261 (1996).

State of the Art in Montana Products Liability Law, 57 Montana Law Review 493 (1996).

Studying the Federal Appellate System, 80 Judicature 138 (1996).

The Civil Justice Reform Act Amendment Act of 1995, 164 Federal Rules Decisions 577 (with Margaret Sanner) (1996).

The Proposal to Split the Ninth Circuit, 20 Harvard Environmental Law Review 547 (1996).

Warren Burger and the Administration of Justice, 41 Villanova Law Review 505 (1996).

A Salute to Judge William W. Schwarzer, 46 Hastings Law Journal 675 (1995).

A Sixth Circuit Story, 23 Florida State University Law Review 983-994 (1995).

An Update on the 1993 Federal Rules Amendments and the Montana Civil Rules, 56 Montana Law Review 547 (1995).

Automatic Disclosures and Disuniformity in the Ninth Circuit, 41 Wayne Law Review 1385 (1995).

Common Sense and Other Legal Reforms, 48 Vanderbilt Law Review 699 (1995).

Elevated Pleading in Environmental Litigation, 27 U.C. Davis Law Review 357 (1995).

Extending the Civil Justice Reform Act of 1990, 64 University of Cincinnati Law Review 105 (1995).

Increasing Balance on the Federal Bench, 32 Houston Law Review 137 (1995).

Judge William W. Schwarzer and Automatic Disclosure, 28 U.C. Davis Law Review 1123 (1995).

More Modern Civil Procedure, 56 University of Pittsburgh Law Review 801 (1995).

Northern Rockies Report on 1994 Natural Resources Legislation, 35 Natural Resources Journal 185 (1995).

Participant Compensation in the Clinton Administration, 27 Connecticut Law Review 563 (1995).

Re-Evaluating Federal Civil Justice Reform in Montana, 56 Montana Law Review 307 (1995).

Refining Federal Civil Justice Reform in Montana, 56 Montana Law Review 539 (1995).

Stuck Inside the Heartland with Those Coastline Clerking Blues Again, 1995 Wisconsin Law Review 919 (1995).

Studying Montana State Civil Justice Reform, 56 Montana Law Review 319 (1995).

Suggestions for Circuit Court Review of Local Procedures, 52 Washington and Lee Law Review 359 (1995).

The Impoverished Idea of Circuit-Splitting, 44 Emory Law Journal 1357 (1995).

The Judicial Amendments Act of 1994, 159 Federal Rules Decisions 649 (with Margaret Sanner) (1995).

Why Congress Should Reject Revision of Rule 11, 160 Federal Rules Decisions 275 (1995).

1993 Federal Rules Amendments and the Montana Civil Rules, 55 Montana Law Review 415 (1994).

A Progress Report in Automatic Disclosures in the Federal Districts, 155 Federal Rules Decisions 229 (1994).

Evaluating Federal Civil Justice Reform in Montana, 55 Montana Law Review 449 (1994).

Forum: Dear Judge Mikva, 1994 Wisconsin Law Review 1579 (1994).

Improving the 1988 and 1990 Judicial Improvements Acts, 46 Stanford Law Review 1589 (1994).

Manuscript Selection Anti-Manifesto, 80 Cornell Law Review 529 (1994).

Recent Federal Civil Justice Reform in Montana, 55 Montana Law Review 235 (1994).

Some Realism About Empiricism, 26 Connecticut Law Review 1093 (1994).

The 1993 Revision of Federal Rule 11, 70 Indiana Law Journal 171 (1994).

The Transmittal Letter Translated, 46 Florida Law Review 127 (1994).

Civil Justice Reform in the Fourth Circuit, 50 Washington and Lee Law Review 89 (1993).

Civil Justice Reform in the Western District of Missouri, 58 Missouri Law Review 335 (1993).

Closing the Gender Gap on the Federal Courts, 61 University of Cincinnati Law Review 1237 (1993).

Executive Branch Civil Justice Reform, 42 American University Law Review 1521 (1993).

Finding the New Federal Civil Procedures, 151 Federal Rules Decisions 177 (1993).

In Defense of Experimentation with Automatic Disclosure, 27 Georgia Law Review 665 (1993).

Keeping the Covenant on the Federal Courts, 47 SMU Law Review 1861 (1993).

More on Federal Civil Justice Reform in Montana, 54 Montana Law Review 357 (1993).

Opt-Outs at the Outlaw Inn: A Report from Montana, 14 The Review of Litigation 207 (1993).

President Clinton's Covenant and the Federal Courts, 71 Denver University Law Review 253 (1993).

Recalibrating the Civil Justice Reform Act, 30 Harvard Journal on Legislation 115 (1993).

Rethinking Federal Judicial Selection, 1993 Brigham Young University Law Review 1257 (1993).

Silver Linings in Federal Civil Justice Reform, 59 Brooklyn Law Review 857 (1993).

The Case for a Feminist Torts Casebook, 38 Villanova Law Review 1517 (1993).

The Clinton Administration and Civil Justice Reform, 144 Federal Rules Decisions 437 (1993).

The D.C. Circuit as a National Court, 48 University of Miami Law Review 159 (1993).

The Gender Gap on the Montana State Bench, 54 Montana Law Review 125 (1993).

Untenable, Unchristian, and Unconstitutional, 58 Missouri Law Review 855 (1993).

Updating Federal Civil Justice Reform in Montana, 54 Montana Law Review 89 (1993).

Amending the Other Party Joinder Amendments, 139 Federal Rules Decisions 519 (1992).

Civil Justice Planning in the Montana Federal District, 53 Montana Law Review 239 (1992).

Civil Justice Reform and the Balkanization of Federal Civil Procedure, 24 Arizona State Law Journal 1393 (1992).

Civil Justice Reform Roadmap, 142 Federal Rules Decisions 507 (1992).

Civil Rights Plaintiffs and the Proposed Revision of Rule 11, 77 Iowa Law Review 1775 (1992).

Civil Rights Procedural Problems, 70 Washington University Law Quarterly 801 (1992).

Environmental Litigation and Rule 11, 33 William and Mary Law Review 429 (1992).

Fact, Fiction, and Forest Service Appeals, 32 Natural Resources Journal 649 (1992).

Judicial Oversight of Civil Justice Reform, 140 Federal Rules Decisions 49 (1992).

Montana Fight Over Women's Rights, 3 Hastings Women's Law Journal 263 (1992).

Rule Revision Roundelay, 1992 Wisconsin Law Review 223 (1992).

Should Montana Adopt a Civil Justice Reform Act?, 53 Montana Law Review 233 (1992).

The Montana Federal Civil Justice Plan, 53 Montana Law Review 91 (1992).

The President and the Federal Bench, 1992 Wisconsin Law Review 1329 (1992).

The Transformation of Trans-Substantivitiy, 49 Washington and Lee Law Review 1501 (1992).

Certification and Civil Rights, 136 Federal Rules Decisions 223 (1991).

Civil Rights Conunbrum, 26 Georgia Law Review 901 (1991).

Elixir for the Elites, 76 Iowa Law Review 353 (1991).

Federal Court Procedural Reform in Montana, 52 Montana Law Review 433 (1991).

Judicial Discretion and the 1983 Amendments to the Federal Civil Rules, 43 Rutgers Law Review 933 (1991).

More Women Named Federal Judges, 43 Florida Law Review 477 (1991).

Recent Work of the Civil Rules Committee, 52 Montana Law Review 307 (with Margaret Sanner) (1991).

Reconsidering Rule 11, 46 University of Miami Law Review 855 (1991).

Rule 11 Recalibrated in Civil Rights Cases, 36 Villanova Law Review 105 (1991).

Standing to Intervene, 1991 Wisconsin Law Review 415 (1991).

An Independent Public Law, 4 Administrative Law Journal 143 (1990).

Engendering Law Faculties, 44 University of Miami Law Review 1143 (1990).

Intervention after Webster, 38 University of Kansas Law Review 731 (1990).

Reassessing Rule 11 and Civil Rights Cases, 33 Howard Law Journal 161 (1990).

Reviving Participant Compensation, 22 Connecticut Law Review 505 (1990).

The Federal Judiciary Engendered, 5 Wisconsin Women's Law Journal 123 (1990).

The Gender Gap on the Federal Bench, 19 Hofstra Law Review 171 (1990).

Interspousal Tort Immunity in America, 23 Georgia Law Review 359 (1989).

Public Law Litigation and the Federal Rules of Civil Procedure, 74 Cornell Law Review 270 (1989).

Respect for Diversity: The Case of Feminist Legal Thought, 58 University of Cincinnati Law Review 175 (1989).

Revitalizing the Consumer Product Safety Commission, 50 Montana Law Review 237 (1989).

Rule 11 and Civil Rights Litigation, 37 Buffalo Law Review 485 (1989).

Gender Issues and the Prosser, Wade, and Schwartz Torts Casebook, 18 Golden Gate University Law Review 495 (1988).

Early Alternative Dispute Resolution in a Federal Administrative Agency Context: Experimentation with the Offeror Process at the Consumer Product Safety Commission, 44 Washington and Lee Law Review 409 (1987).

Great Expectations and Mismatched Compensation: Government Sponsored Public Participation in Proceedings of the Consumer Product Safety Commission, 64 Washington University Law Quarterly 1101 (1986).

Rule 19 and the Public Rights Exception to Party Joinder, 65 North Carolina Law Review 745 (1986).

Public Funds and Public Participation, 82 Columbia Law Review 906 (1982).

Of Crabbed Interpretations and Frustrated Mandates: The Effect of Environmental Policy Acts on Pre-existing Agency Authority, 41 Montana Law Review 177 (with Daniel McLean) (1980).

Framework for Analysis of Products Liability in Montana, 38 Montana Law Review 221 (with William Rossbach) (1977).

Book Chapters

Civil Justice and Judicial Selection, in Justice in Jeopardy: Report of the Commission on the 21st Century Judiciary (American Bar Association) (with Andrew Spalding) (2003).

Civil Justice and Judicial Selection, in Justice in Jeopardy: Report of the Commission on the 21st Century Judiciary (American Bar Association) (with Andrew Spalding) (2003).

Book Reviews

Improving Federal Judicial Selection, 44 University of Richmond Law Review 1173 (2010).

Unmasking Judicial Extremism, 43 University of Richmond Law Review 1175 (2009).

Has the Chesapeake Bay Tide Turned?, 40 University of Richmond Law Review 1155 (2006).

Questioning Quirin, 97 Journal of Criminal Law & Criminology 365 (2006).

Reconciling Pinstripes and Pearls, 14 Cornell Journal of Law and Public Policy 471 (with Margaret Sanner) (2005).

Brown's Legacy at Fifty, 78 Tulane Law Review 2321 (2004).

The Color Line in the Cold War, 26 Human Rights Quarterly 785 (2004).

The Founding Fish Founders, 31 Ecology Law Quarterly 205 (2004).

Western Sovereignty for the Twenty-First Century, 34 Environmental Law 819 (Lewis & Clark Law School) (2004).

From a Cattle Ranch to the Supreme Court, 35 Arizona State Law Journal 1385 (2003).

Unmasking Federalism, 88 Cornell Law Review 1833 (2003).

Modern Tort Law Demystified, 3 Nevada Law Journal 188 (2002).

Charlotte and the American Dilemma, 48 University of Kansas Law Review 139 (1999).

Modern Federal Judicial Selection, 67 University of Cincinnati Law Review 527 (1999).

Losing the Littoral Zone, 22 Boston College Environmental Affairs Law Review 693 (1995).

Newspaper Articles

Opinion: Filling Judge Hudson's Easter District Vacancy, The Washington Post (June 2018).

Blackberry Blues, Richmond Times-Dispatch (with Jim Gibson) (February 2006) (Op-Ed.).

Additional Publications

The problem with the Senate moving forward on Judicial vacancies during the lame duck session The Hill (2020).

In the News

This New Jersey Lawyer Just Became a Federal Judge (New Jersey Law Journal)
Tue., Dec. 21, 2021

Boeing To Pay $2.5 Billion Settlement Over Deadly 737 Max Crashes (NPR)
Fri., Jan. 8, 2021

Boeing Settles 737 Max Criminal Charge With $2.5 Billion Deal (Investor’s Business Daily)
Thu., Jan. 7, 2021

Coca-Cola Hires Star Lawyer, Signals Aggressive Tax Fight (Bloomberg Tax)
Thu., Jan. 7, 2021

The 26 Trump Judicial Picks Getting Left Behind (Law360)
Thu., Jan. 7, 2021

Biden’s Judicial Impact In Limbo As. Ga. Count Runoff Votes (Law360)
Wed., Jan. 6, 2021

Doubts emerge in US over future of Assange extradition case (The Guardian)
Tue., Jan. 5, 2021

U.S. Attorney Terwilliger leaving post for private firm (Richmond Times-Dispatch)
Tue., Jan. 5, 2021

Trump Pushes 1st Circ. Nominee But Drops Bipartisan Picks (Law360)
Mon., Jan. 4, 2021

Trump, on tape, presses Ga. Official to ‘find’ him votes (The National Herald)
Mon., Jan. 4, 2021

Assange Faces Ruling on Extradition to United States (The Seattle Times)
Sun., Jan. 3, 2021

Trump's phone call to Brad Raffensperger: six key points (The Guardian)
Sun., Jan. 3, 2021

As Democratic president arrives, Maryland’s Republican U.S. attorney has a decision to make (Baltimore Sun)
Sat., Jan. 2, 2021

Gohmert Suggests Street Violence After Court Tosses Electoral Suit (Bloomberg)
Fri., Jan. 1, 2021

Retiring Rep. Phil Roe reflects on how personal experience helped veterans (The Knoxville News Sentinel)
Sun., Dec. 27, 2020

Trump’s Presidency Is Over. His Judges Will Be Here for Decades (The Huffington Post)
Sat., Dec. 26, 2020

The Justice (The Washington Post)
Wed., Dec. 23, 2020

UPDATE: Trump’s FCC IG Pick Gets Another Senate Try (Radio+Television Business Report)
Tue., Dec. 22, 2020

ETSU president, former Tennessee House speaker to join TVA board (Chattanooga Times Free Press - Premium)
Mon., Dec. 21, 2020

Hope is fading for U.S. Senate vote on Connecticut judge’s nomination to the federal bench; Jongbloed has been waiting for more than a year (Hartford Courant)
Fri., Dec. 18, 2020

Detroit Is Trying To Punish Sidney Powell for ‘Kraken’ Lawsuit—Legal Experts Say It Could Work (Forbes)
Wed., Dec. 16, 2020

Senate votes to confirm longtime Charleston County attorney as U.S. district court judge (The Post and Courier)
Wed., Dec. 16, 2020

Senate prepares to vote on Kirsch nomination to 7th Circuit (The Indiana Lawyer)
Mon., Dec. 14, 2020

A century after pandemic, lawsuits seek to erase the powers of state and local health departments (
Sun., Dec. 13, 2020

Texas files reply brief in election suit at Scotus, final step before justices issue order in blockbuster case (Fox News)
Fri., Dec. 11, 2020

White House threatens FDA chief’s job over vaccine approval (The Associated Press)
Fri., Dec. 11, 2020

Charleston attorney’s nomination to be federal judge heads to Senate on tight deadline (The Post and Courier)
Thu., Dec. 10, 2020

Legal expert: Mitch’s rush to confirm FEC commissioners is aimed at undermining election watchdog (Salon)
Thu., Dec. 10, 2020

Lawyer says U.S. Rep. Kelly will pursue voting case even after loss in U.S. Supreme Court (Erie Times-News)
Wed., Dec. 9, 2020

Texas AG sues Michigan over election results, asks Supreme Court to disqualify electors (Detroit Free Press)
Tue., Dec. 8, 2020

Govt accuses Facebook of discriminating against US workers (Associated Press)
Thu., Dec. 3, 2020

In close vote, Senate makes first lame-duck Fed confirmation (Roll Call)
Thu., Dec. 3, 2020

Senate Confirms Fed Economist Christopher Waller to Board (The Wall Street Journal - Premium)
Thu., Dec. 3, 2020

U.S. judiciary, shaped by Trump, thwarts his election challenges (Reuters)
Tue., Dec. 1, 2020

Some federal judges plan to retire when Trump exits. Will Biden be able to replace them? (Los Angeles Times)
Mon., Nov. 30, 2020

Trump reportedly wants to hold a 2024 campaign event during Biden’s inauguration (Business Insider)
Sat., Nov. 28, 2020

As Treasury chief, Yellen may be a calming influence in a Washington split over stimulus and everything else (USA Today)
Tue., Nov. 24, 2020

Durbin Likely To Become Top Dem On Judiciary Committee (Law360)
Tue., Nov. 24, 2020

Kirsch pressed on originalism at 7th Circuit confirmation hearing (The Indiana Lawyer)
Mon., Nov. 23, 2020

Trump nominee’s long road to Fed may be dead end (The Hill)
Sat., Nov. 21, 2020

John Podesta: Democrats will have to ‘pick their shots’ on energy (Financial Times)
Tue., Nov. 17, 2020

This South Florida Lawyer Just Got US Senate Confirmation to Become a District Court Judge (
Thu., Nov. 12, 2020

TikTok sale deadline pushed back (Fortune)
Thu., Nov. 12, 2020

TikTok's day of reckoning arrives, but marketers appear to hold fast on the platform (Marketing Dive)
Thu., Nov. 12, 2020

TikTok Sale Deadline Hits With ByteDance Desperate for Time (Bloomberg)
Wed., Nov. 11, 2020

Biden, Trump, the Senate and lower court selection (The Hill)
Tue., Nov. 3, 2020

'Election week not election day': Unprecedented number of early ballots could delay election results (Richmond Times-Dispatch)
Sat., Oct. 31, 2020

First guilty pleas in Householder probe lack cooperation agreements with prosecutors (
Thu., Oct. 29, 2020

Richmond judge sides with governor on order to take down Lee Monument; plaintiffs will appeal ruling (Richmond Times-Dispatch)
Tue., Oct. 27, 2020

What Barrett’s Pro-Business Track Record May Mean for You (The Balance)
Tue., Oct. 27, 2020

Presidential Election Could Bring Relief to New Jersey's Shorthanded Federal Courts (New Jersey Law Journal)
Mon., Oct. 26, 2020

Without Senate-confirmed leaders, Interior rules may be at risk (Roll Call)
Mon., Oct. 26, 2020

Without Senate-confirmed leaders, Interior rules may be at risk (Roll Call)
Mon., Oct. 26, 2020

'Sue if you must': Lincoln Project rejects threat over Kushner and Ivanka billboards (The Guardian)
Sun., Oct. 25, 2020

Jared Kushner and Ivanka Trump threaten to sue Lincoln Project (The Guardian)
Sat., Oct. 24, 2020

Obama campaigns for Biden in Florida as Trump heads to battleground Ohio – as it happened (The Guardian)
Sat., Oct. 24, 2020

With eight years experience, she’s set to be Tampa’s next federal judge (Tampa Bay Times)
Sat., Oct. 24, 2020

Acting Officials Gave Trump ‘Flexibility.’ Now They Could Sink His Terrible Policies. (The Huffington Post)
Fri., Oct. 9, 2020

Political parties, outside groups pour resources into preelection legal fights (Marketplace)
Thu., Oct. 8, 2020

Amy Coney Barrett could influence workers' rights, other economic issues if she joins Supreme Court (USA Today)
Mon., Oct. 5, 2020

Amy Coney Barrett could influence workers’ rights, other economic issues on Supreme Court (USA Today)
Mon., Oct. 5, 2020

J&J to Pay More Than $100 Million to End Over 1,000 Talc Suits (Bloomberg)
Mon., Oct. 5, 2020

Senate Bill Would Add 65 Fed. Judges, But Time Is Short (Law360)
Mon., Oct. 5, 2020

Jongbloed nomination to federal bench In Hartford is delayed as U.S. Senate prepares to recess (Hartford Courant)
Thu., Oct. 1, 2020

Nothing to see here: DOI attorney says Pendley order common (E&E News)
Wed., Sep. 30, 2020

The U.S. Court Issues A Temporary Injunction Order For TikTok To Escape And Block (ElectroDealPro)
Wed., Sep. 30, 2020

Donald Trump probably broke the law with the TikTok ban: judge (Ex Bulletin)
Tue., Sep. 29, 2020

Welcome to debate day (Politico)
Tue., Sep. 29, 2020

Pendley court ruling could unravel Trump’s public lands decisions (The Hill)
Mon., Sep. 28, 2020

Post-court order: New title for Pendley, questions for BLM (E&E News)
Mon., Sep. 28, 2020

TikTok gets a breather till November 12 as judge halts Trump’s download ban (Deccan Chronicle)
Mon., Sep. 28, 2020

Water case offers a window into Barrett’s jurisprudence (E&E News)
Mon., Sep. 28, 2020

Trump isn’t just picking conservatives for the courts. He’s picking young conservatives like Amy Coney Barrett (Boston Globe)
Sun., Sep. 27, 2020

7 Barrett Employment Rulings That Lawyers Should Know (Law360)
Sat., Sep. 26, 2020

Judge Amy Coney Barrett: 7th Circ. Decisions To Know (Law360)
Sat., Sep. 26, 2020

McConnell Rule? Biden Rule? The politics behind this Supreme Court pick (Las Vegas Review-Journal)
Sat., Sep. 26, 2020

Michigan’s Larsen falls short of High Court pick (The Detroit News)
Sat., Sep. 26, 2020

Trump taps Barrett, launching brawl over Supreme Court’s future (Politico)
Sat., Sep. 26, 2020

John Hinderaker confirmed as US District Court judge with Sinema, McSally support (Arizona Republic)
Thu., Sep. 24, 2020

Judge made ‘numerous reversible errors’ in SC absentee witness case, Republicans say (The State)
Thu., Sep. 24, 2020

Roderick C. Young, a magistrate judge and former prosecutor, appointed to federal judgeship (Richmond Times-Dispatch)
Thu., Sep. 24, 2020

U.S. Senate votes overwhelmingly to confirm Hampton Roads’ newest federal judge (Daily Press)
Thu., Sep. 24, 2020

Florida judge on Trump short list helped give GOP key legal win. Should she have recused? (Miami Herald)
Wed., Sep. 23, 2020

The GOP is now the party of looters and moochers (The Washington Post)
Wed., Sep. 23, 2020

‘Rock star’ appeals judge Allison Rushing in high court mix (Associated Press)
Wed., Sep. 23, 2020

Lagoa’s Resume Recalls Conservative Regret Over O’Connor, Souter (Bloomberg Law)
Tue., Sep. 22, 2020

In Miami, buzz over Cuban American judge Barbara Lagoa as potential Trump Supreme Court pick (NBC News)
Mon., Sep. 21, 2020

Michigan's Joan Larsen getting buzz to replace Ruth Bader Ginsburg on Supreme Court (Detroit Free Press)
Mon., Sep. 21, 2020

Richmond Circuit Court appoints Augusta prosecutor to investigate mayor's handling of statue removal contract (Richmond Times-Dispatch)
Mon., Sep. 21, 2020

Supreme Court fight may energize Arizona conservatives, but how will independents respond? (Arizona Republic)
Mon., Sep. 21, 2020

The Energy 202: An extra Trump Supreme Court justice could help cement his environmental rollbacks (The Washington Post)
Mon., Sep. 21, 2020

Facebook, Twitter and YouTube have your data. Why not China-owned ByteDance’s TikTok? (USA Today)
Sun., Sep. 20, 2020

There’s No There There’: What the TikTok Deal Achieved (The New York Times)
Sun., Sep. 20, 2020

Trump’s WeChat Curbs Halted by Judge on Free Speech Concerns (Bloomberg)
Sun., Sep. 20, 2020

Ruth Bader Ginsburg's Death Puts Obamacare in Jeopardy (Vice)
Sat., Sep. 19, 2020

Ruth Bader Ginsburg: death of liberal justice gives Trump chance to reshape the US for generations (The Guardian)
Sat., Sep. 19, 2020

Trump considering this Florida justice to replace Ruth Bader Ginsburg (Tampa Bay Times)
Sat., Sep. 19, 2020

US Supreme Court Justice Ginsburg dies at 87 (New Vision)
Sat., Sep. 19, 2020

‘It Only Takes 4’: Durbin Hopes Some Republicans Break Ranks To Block a Trump Nominee (NPR)
Sat., Sep. 19, 2020

Dayton federal judge nominee approved by Senate committee (Dayton Daily News)
Fri., Sep. 18, 2020

Mark Kelly could be sworn into the U.S. Senate early if he wins race, experts say (The Arizona Republic - Premium)
Thu., Sep. 17, 2020

Christian Art Fight Fueled by Litigation Finance (Podcast) (Bloomberg (Podcast))
Wed., Sep. 16, 2020

How Trump’s Payroll Holiday Tax Works (Forbes)
Wed., Sep. 16, 2020

How Trump’s Payroll Tax Holiday Might Work (Forbes)
Wed., Sep. 16, 2020

How Trump’s Payroll Tax Holiday Will Work (Forbes)
Wed., Sep. 16, 2020

Trump’s First U.S. District Judges in California Confirmed (Bloomberg Law)
Wed., Sep. 16, 2020

US Senate confirms two new federal judges for southern Illinois (St. Louis Post-Dispatch)
Wed., Sep. 16, 2020

The Eastern District of Virginia needs all its judges (The Washington Post)
Tue., Sep. 15, 2020

US government receives Oracle bid for TikTok (France 24)
Tue., Sep. 15, 2020

GOP Leader Makes Late Drive To Leave ‘No Vacancy Behind’ (Law360)
Mon., Sep. 14, 2020

Oracle submits bid for TikTok, US govt confirms receipt (Vanguard)
Mon., Sep. 14, 2020

The most important thing a president can do (Indian Country Today)
Mon., Sep. 14, 2020

New Additions To Trump Supreme Court List Show Changing Reelection Politics (The Washington Free Beacon)
Sun., Sep. 13, 2020

Oracle will partner with TikTok, but will this satisfy Trump? (Yahoo! News)
Sun., Sep. 13, 2020

COD, Sept. 12, 2020: Oversight boards needed to monitor politicians (Richmond Times-Dispatch)
Sat., Sep. 12, 2020

In Key 2020 Election Decision, Judges Rule Florida Felons Can’t Vote Until They’ve Paid Fines (Forbes)
Fri., Sep. 11, 2020

Who is Bridget Bade, the Phoenix native on Trump's list of potential Supreme Court picks? (Arizona Republic)
Fri., Sep. 11, 2020

Cullen confirmed as U.S. judge (Virginia Lawyers Weekly - Premium)
Thu., Sep. 10, 2020

Inside the enviro records of Trump's Supreme Court picks (E&E News)
Thu., Sep. 10, 2020

Senate confirms Cullen as federal judge (The Roanoke Times)
Thu., Sep. 10, 2020

Senate confirms Oakland County judge, first Chaldean, to federal bench (The Detroit News)
Thu., Sep. 10, 2020

Senate approves Ludwig for federal court seat in Milwaukee (Milwaukee Journal Sentinel)
Wed., Sep. 9, 2020

Trump lists Kentucky AG Daniel Cameron as potential US Supreme Court nominee (Louisville Courier Journal)
Wed., Sep. 9, 2020

Gray asks Richmond prosecutor to appoint special investigator to probe Stoney's handling of contract for Confederate statue removal (Richmond Times-Dispatch)
Thu., Sep. 3, 2020

Court shields Trump tax returns, likely until after election (Associated Press)
Tue., Sep. 1, 2020

Trump’s success filling the courts could limit efforts to remake them (CNBC)
Tue., Sep. 1, 2020

After CEO Kevin Mayer's abrupt exit what’s TikTok’s future (Los Angeles Times)
Thu., Aug. 27, 2020

Robert E. Lee statue will stand in Richmond until at least October as judge sets trial date (The Hill)
Wed., Aug. 26, 2020

After judge's ruling, Richmond's Robert E. Lee statue will stay in place until at least October (Richmond Times-Dispatch)
Tue., Aug. 25, 2020

Why Trump’s WeChat ban could hurt Hollywood’s ties to China (Los Angeles Times)
Mon., Aug. 24, 2020

The Energy 202: Trump team up against the clock to sell Arctic drilling rights by Inauguration Day (The Washington Post)
Thu., Aug. 20, 2020

The ICE directive is gone, but international students still fear deportation (The Verge)
Tue., Aug. 18, 2020

TikTok employees ready legal challenge in response to Trump order (The Hill)
Tue., Aug. 18, 2020

Trump opens verified Triller account amid TikTok crackdown (Fox Business)
Sun., Aug. 16, 2020

9th Circuit Strikes Down Calif. “High Capacity” Magazine Ban (InfoWars)
Fri., Aug. 14, 2020

GAO says Wolf, Cuccinelli appointments at DHS invalid (Roll Call)
Fri., Aug. 14, 2020

Trump Ratchets Up Fight With TikTok’s Chinese Owner (Bloomberg)
Fri., Aug. 14, 2020

Latest Trump Judicial Nominee Clerked Last Year (Above the Law)
Thu., Aug. 13, 2020

Trump tests power, outpaces Obama on executive orders (The Washington Times)
Tue., Aug. 11, 2020

TikTok to sue Trump administration over U.S. ban (Yahoo! Finance)
Mon., Aug. 10, 2020

Trump signs executive order on coronavirus relief without $1,200 checks after rambling attack on Democrats (NY Daily News)
Sat., Aug. 8, 2020

New Concerns About Accuracy of the Census (Bloomberg Podcast)
Thu., Aug. 6, 2020

Facebook, Twitter remove Trump coronavirus posts of Fox interview about kids being ‘almost immune’ (USA Today)
Wed., Aug. 5, 2020

Trump’s call for a cut of Microsoft-TikTok deal faces legal challenges (CGTN)
Wed., Aug. 5, 2020

Will Washington reach a deal on a new stimulus spending package? The markets are pricing it in (Fortune)
Wed., Aug. 5, 2020

Microsoft’s TikTok pursuit could lure interest from other US bidders (Fox Business)
Tue., Aug. 4, 2020

Trump Says U.S. Should Get Slice of TikTok Sales Price (The Wall Street Journal)
Mon., Aug. 3, 2020

Boston Marathon Bomber’s Death Sentence Is Thrown Out by Court (The New York Times)
Fri., Jul. 31, 2020

Michael Flynn Dismissal to Be Heard By Full Appeals Court (Bloomberg)
Thu., Jul. 30, 2020

Senate committee advances federal judicial nominations of two Metro East judges (St. Louis Post-Dispatch)
Thu., Jul. 30, 2020

U.S. Senate approves Pittsburgh attorney for federal bench (The Pittsburg Post-Gazette)
Mon., Jul. 27, 2020

Judge tosses Princess Cruise passenger lawsuit over coronavirus-related distress – how that affects similar court battles (MarketWatch)
Sun., Jul. 26, 2020

Lee statue will continue to stand for now as Richmond judge prepares written ruling (Richmond Times-Dispatch)
Thu., Jul. 23, 2020

Sens. Advance Picks For Federal Courts In Calif., Wis., Pa. (Law360)
Thu., Jul. 23, 2020

Monument Avenue residents refile lawsuit challenging removal of Lee statue (Richmond Times-Dispatch)
Wed., Jul. 22, 2020

Mont. Governor sues to block Pendley’s ‘unlawful’ tenure (E&E News)
Tue., Jul. 21, 2020

Sens. Moving Forward On Bill With 65 New Fed. Judgeships (Law360)
Mon., Jul. 20, 2020

Given a chance, Trump would push court pick before election (Associated Press)
Sat., Jul. 18, 2020

Trump’s ‘unforced error’ puts Western Senate Republicans in an election jam (Politico)
Fri., Jul. 17, 2020

US Supreme Court’s Ginsburg again being treated for cancer (Yahoo! News)
Fri., Jul. 17, 2020

Controversial Richmond judge no longer presiding over Lee statue case (Richmond Times-Dispatch)
Thu., Jul. 16, 2020

For Trump’s Trial Court Picks, It May Be Now or Never (Law360)
Thu., Jul. 16, 2020

The cost and benefits of filling the federal appeals court vacancies (The Hill)
Thu., Jul. 16, 2020

Full federal appeals court upholds Richmond judge in contentious search and seizure case (Richmond Times-Dispatch)
Wed., Jul. 15, 2020

Trump Says ‘Antifa’ Will Be Designated A Terrorist Organization (Forbes)
Mon., Jun. 1, 2020

Bayer’s Progress on Roundup Woes Won’t End Monsanto Headache (Bloomberg)
Tue., May. 26, 2020

Bayer Reaches Deals on Big Share of 125,000 Roundup Weedkiller Suits (Bloomberg)
Mon., May. 25, 2020

’A game-changer’: Five takeaways from the ruling on Florida felon voting (Miami Herald)
Mon., May. 25, 2020

Federal judge: Florida can’t stop poor felons from voting (Tampa Bay Times)
Sun., May. 24, 2020

Mike Flynn Just Might Walk Free After All (Vice)
Fri., May. 22, 2020

Supreme Court Keeps Mueller Material From the House (Bloomberg Podcast)
Thu., May. 21, 2020

J&J’s Baby Powder Switch Sets an End Date for Legal Liability (Bloomberg)
Wed., May. 20, 2020

Senate confirms Arizona judicial nominee Scott Rash with McSally, Sinema support (The Arizona Republic)
Wed., May. 20, 2020

Flynn Asks DC Circ. To Toss Case, Reassign 'Biased' Judge (Law 360)
Tue., May. 19, 2020

Judgeship for Cullen advances to Senate floor vote as soon as next month (The Roanoke Times)
Mon., May. 18, 2020

Federal judge dismisses NAACP lawsuit challenging Confederate school names in Hanover (Richmond Times-Dispatch)
Thu., May. 14, 2020

Senate panel Oks Togliatti’s nomination to federal bench (Las Vegas Review-Journal)
Thu., May. 14, 2020

GOP Judicial Nominations Race Clock Amid Campaign, Virus Demands (Bloomberg Law)
Wed., May. 13, 2020

Judge Appoints Lawyer to Argue Against Dismissal of Charges in Michael Flynn Case (The Wall Street Journal)
Wed., May. 13, 2020

Judge Appoints Outsider to Take On Justice Dept. in Flynn Case (The New York Times)
Wed., May. 13, 2020

Judge in Flynn case eyeing possible contempt charge for perjury (The Hill)
Wed., May. 13, 2020

With 10 Appointees on the Ninth Circuit, Trump Seeks to Tame His Nemesis (Inside Climate News)
Wed., May. 13, 2020

The Epic Supreme Court Battle Over Trump's Tax Returns Is Finally Here (Vice)
Mon., May. 11, 2020

McConnell focuses Senate on conservative judge appointments rather than coronavirus (Fortune)
Thu., May. 7, 2020

Trump nominates Richmond magistrate for Hampton Roads federal judgeship (The Virginian-Pilot)
Thu., May. 7, 2020

Young picked for Eastern District judgeship (Virginia Lawyer’s Weekly (Premium))
Thu., May. 7, 2020

Chief Judge Asks for Investigation Into Judicial Vacancy (Bloomberg Podcast)
Wed., May. 6, 2020

Churches and COVID-19 (WVTF)
Wed., May. 6, 2020

Democrats attack McConnell protege Justin Walker's judicial nomination during pandemic (Louisville Courier Journal)
Wed., May. 6, 2020

Kirkland Alum Among Picks For Va., Military Courts (Law360)
Wed., May. 6, 2020

Trump loyalist set to become national intelligence director on second attempt (The Guardian)
Tue., May. 5, 2020

Coronavirus live updates: Daily death toll could hit 3,000 on June 1; California moves toward reopening; J.Crew files for bankruptcy (USA Today)
Mon., May. 4, 2020

How Trump has tipped the scales in America's most powerful courts (The Guardian)
Fri., May. 1, 2020

Trump's judges: a revolution to create a new conservative America (The Guardian)
Tue., Apr. 28, 2020

Employee survivor sued Wal-Mart’s coronal lawsuit in the US (Nikkei Business (Japanese))
Wed., Apr. 22, 2020

Trump’s Judicial Picks on Ice As Pandemic Ties Up Senate (Law360)
Mon., Apr. 20, 2020

Federal Trial Courts Face Post-Pandemic Crisis (Bloomberg Podcast)
Thu., Apr. 16, 2020

Donald Trump Threatens to Adjourn Congress Unilaterally in What Would Be Unprecedented Power Grab (Slate)
Wed., Apr. 15, 2020

What Pandemic? Trump, Mitch McConnell Still Eager to Confirm More Judges (Medium)
Sat., Apr. 11, 2020

Trump-Appointed Judges Give President Execution to Win (Bloomberg Podcast)
Fri., Apr. 10, 2020

What Pandemic? Trump, Mitch McConnell Still Eager To Confirm More Judges (The Huffington Post)
Tue., Apr. 7, 2020

Trump Judicial Pick Might Undermine Obamacare (Bloomberg Podcast)
Sat., Apr. 4, 2020

With McConnell's backing, Louisville's Justin Walker tapped to serve on D.C. circuit bench (Courier Herald)
Fri., Apr. 3, 2020

Newport News federal courthouse shut down amid coronavirus, reduced caseloads (Daily Press)
Thu., Apr. 2, 2020

Senators recommend two – including one from Hampton for federal judgeship (Daily Press)
Mon., Mar. 23, 2020

Senators recommend two for ED judgeship (Virginia Lawyers Weekly - Premium)
Fri., Mar. 20, 2020

COVID-19 Leads to Rare Judicial Emergency in Virginia (WVTF)
Thu., Mar. 19, 2020

A year later, prosecutors are winning historic college admissions case, but fight isn't over (USA Today)
Fri., Mar. 13, 2020

General Assembly divide means Court of Appeals, SCC judge picks will fall to Northam (Virginia Mercury)
Fri., Mar. 13, 2020

Williams: On Confederate school names in Hanover, there should be no statute of limitations on doing the right thing (Richmond Times-Dispatch)
Tue., Mar. 10, 2020

Trump Has 'Effectively Flipped' the 9th Circuit from Liberal to Conservative (
Mon., Mar. 9, 2020

Coronavirus threatens to unleash lawsuits against businesses, governments (Omaha World-Herald)
Sun., Mar. 8, 2020

Statute of limitations argument threatens to derail Hanover NAACP lawsuit against Confederate school names (Richmond Times-Dispatch - Premium)
Sun., Mar. 8, 2020

Chief Justice Chastises Senator Schumer (Podcast) (Bloomberg)
Fri., Mar. 6, 2020

Bush Appointee Thomas Griffith Retiring From DC Circ. In Fall (Law360)
Thu., Mar. 5, 2020

Judge enmeshed in Clean Power Plan battle to retire (E&E News)
Thu., Mar. 5, 2020

Fredericksburg prosecutor caught in the middle of General Assembly judge fight (Culpeper Star-Exponent)
Wed., Mar. 4, 2020

Jennifer Togliatti sails through federal court confirmation hearing (Law Vegas Review-Journal)
Wed., Mar. 4, 2020

Lingering grudges, obscure protocol and a classic General Assembly judge fight (Virginia Mercury)
Wed., Mar. 4, 2020

Virus Threatens to Unleash Lawsuits Against Global Business (Bloomberg)
Wed., Mar. 4, 2020

Judge Who Sentenced Roger Stone Is Feeling Heat from Trump (Voice of America)
Thu., Feb. 27, 2020

Looking At Changes Happening Within The Nation's Largest Federal Appeals Court (WBUR On Point)
Wed., Feb. 26, 2020

Arizona's Senators Seek 5 New US District Judgeships (Law360)
Mon., Feb. 24, 2020

Britain starts hearing US case for extraditing Assange (Yahoo! News)
Mon., Feb. 24, 2020

In extradition bid, U.S. accuses Assange of endangering sources (The Hindu)
Mon., Feb. 24, 2020

Julian Assange: He infuriated Washington. Now he's facing life in prison. (USA Today)
Sun., Feb. 23, 2020

Trump has flipped the 9th Circuit - and some new judges are causing a 'shock wave' (Los Angeles Times)
Sat., Feb. 22, 2020

For Dicamba, the Future Is Lawsuits (CropLife)
Thu., Feb. 20, 2020

Trump Boosts Conservative Lean of Key Circuit (Podcast)
Thu., Feb. 20, 2020

Roger Stone expected to challenge federal judge's sentencing, drag out case (The Washington Times)
Wed., Feb. 19, 2020

US Farmers Against BASF and Bayer (Bioplastics News)
Wed., Feb. 19, 2020

Dicamba Verdict Could Be A Precedent For Other Farmers' Suits (NPR: St. Louis Public Radio)
Tue., Feb. 18, 2020

Ban on Assault-Style Weapons Blocked in Virginia Senate (The Wall Street Journal)
Mon., Feb. 17, 2020

Bayer is facing a new wave of herbicide lawsuits - and this time it's not over Monsanto's Roundup (Fortune)
Mon., Feb. 17, 2020

Tesla Berlin Factory Risks Months-Long Legal Delay Over Wildlife (
Mon., Feb. 17, 2020

Bayer faces 'almost impossible' task of ending glyphosate-cancer litigation while its Roundup herbicide remains in stores (Genetic Literacy Project)
Fri., Feb. 14, 2020

Trump makes mark on Texas judiciary (Austin American-Statesman)
Fri., Feb. 14, 2020

Bayer Strives to End Lawsuits Over Roundup - While Still Selling It (The Wall Street Journal)
Wed., Feb. 12, 2020

Senate confirms former prosecutor as newest St. Louis federal judge (St. Louis Post-Dispatch)
Wed., Feb. 12, 2020

Blue States Create Hurdle for Trump's 2020 Judicial Appointments (Bloomberg Law)
Tue., Feb. 11, 2020

GOP senators want to confirm more judges. That could mean working with Democrats (Roll Call)
Tue., Feb. 11, 2020

Senate confirms Alabama Judge Andrew Brasher for federal appeals court post (
Tue., Feb. 11, 2020

Democrats offer their vision for remaking the courts (E&E News)
Mon., Feb. 10, 2020

Herring, other state AGs file lawsuit demanding addition of ERA to Constitution (The Washington Post)
Thu., Jan. 30, 2020

Virginia's Mark Herring, other state AGs, sue to have ERA recognized in U.S. Constitution (Richmond-Times Dispatch)
Thu., Jan. 30, 2020

A police search in Creighton Court leads to unusual hearing of full federal appeals court (Richmond-Times Dispatch)
Wed., Jan. 29, 2020

Trump legal team begins second day of arguments under Bolton furor (The Hill)
Mon., Jan. 27, 2020

2 Lawyers on Trump Defense Team Shared Epstein as a Client (U.S. News & World Report)
Fri., Jan. 24, 2020

Impeachment and 'Red Flag' Due Process (WRVA)
Fri., Jan. 24, 2020

The Senate won't vote to remove President Trump. But what happens if it did? (The Salt Lake Tribune)
Wed., Jan. 22, 2020

Heather Heyer's mom owns guns and says Democrats in Richmond, Virginia, are going too far (USA Today)
Mon., Jan. 20, 2020

Critics, lawyers agree: Chris Collins got lucky with 2-month sentence (The Buffalo News)
Sat., Jan. 18, 2020

Trump chooses high-profile but controversial legal team (The Hill)
Fri., Jan. 17, 2020

UPDATE: Virginia Supreme Court rejects gun groups' bid to overturn Northam's gun ban at Capitol Square (Richmond Times-Dispatch)
Fri., Jan. 17, 2020

Appeal filed after motion denied to overturn Northam's temporary weapons ban (CBS 6)
Thu., Jan. 16, 2020

UPDATE: Gun activists appeal to Virginia Supreme Court after judge rejects bid to halt gun ban in Capitol Square (Richmond Times-Dispatch)
Thu., Jan. 16, 2020

Virginia Votes to Ratify ERA, Setting Up Likely Legal Battle (The Wall Street Journal)
Thu., Jan. 16, 2020

With Trials Looming, Monsanto Looks to Settle Some Roundup Cases (
Thu., Jan. 16, 2020

Alabama NAACP among groups calling for halt to federal judgeship confirmation (
Wed., Jan. 15, 2020

In bipartisan vote, Senate approves former R.I. official to lead FEMA (Providence Journal)
Tue., Jan. 14, 2020

Collins' record consistent on judicial confirmations (Press Herald)
Mon., Jan. 13, 2020

Roundup mediator is 'optimistic' about a 'comprehensive settlement' (St. Louis Business Journal)
Mon., Jan. 13, 2020

What�s at stake for Iran after admitting it downed the Ukraine airliner (The Washington Post)
Sat., Jan. 11, 2020

Bayer Roundup Mediator Is 'Optimistic' With Talks Heating Up (Bloomberg)
Fri., Jan. 10, 2020

Bayer Roundup Mediator Is 'Optimistic' With Talks Heating Up (Claims Journal)
Fri., Jan. 10, 2020

Why Mike Lee is mad about the Iran briefing (The Salt Lake Tribune)
Thu., Jan. 9, 2020

Divisive 5th Circ. Pick Snubbed On 2020 Renominations List (Law360)
Mon., Jan. 6, 2020

When Carlos Ghosn fled Japan, he left an old colleague behind (The Financial Times)
Mon., Jan. 6, 2020

Turkey Questions Pilots About Carlos Ghosn�s Escape From Japan (The New York Times)
Thu., Jan. 2, 2020

How Trump Will Continue To Change The Courts In 2020 (Law360)
Wed., Jan. 1, 2020

The Peninsula hasn't had its own federal judge for nearly 200 years. That could soon end. (Daily Press)
Tue., Dec. 31, 2019

Will President Trump finally fill a long-open seat on Milwaukee federal court? (Milwaukee Journal Sentinel)
Tue., Dec. 31, 2019

'Unconstitutional, Period': UVA legal scholar challenges legislative appointments to state executive boards (Richmond Times-Dispatch)
Fri., Dec. 27, 2019

Boeing ousts chief executive Dennis Muilenburg (The Guardian)
Mon., Dec. 23, 2019

Charlottesville Lawsuit Drawn Out By Lack Of Compliance (VPM)
Mon., Dec. 23, 2019

Trump Appellate Pick Ozerden in Limbo With Senate Adjourned (Bloomberg Law)
Mon., Dec. 23, 2019

Trump Passes Judicial Confirmation Goal (Podcast)
Fri., Dec. 20, 2019

Trump's transformation of the courts barrels onward (The Associated Press)
Fri., Dec. 20, 2019

Trump presidency's most lasting impact? A transformed judiciary. (The Christian Science Monitor)
Thu., Dec. 19, 2019

2019 Archives ()
Tue., Jan. 1, 2019

2017 - 2018 Archives ()
Mon., Dec. 31, 2018

2017 Archives ()
Sun., Dec. 31, 2017

2016 Archives ()
Sat., Dec. 31, 2016

2015 Archives ()
Thu., Dec. 31, 2015

2013 - 2014 Archives ()
Wed., Dec. 31, 2014

B.A., Duke University 1968
LL.B., University of Virginia 1972
Contact Information
Room 323 Law School
(804) 287 6440
(804) 289 8683 (Fax)
Areas of Expertise
Federal Courts and Judicial Selection
Constitutional Law
Product Liability