List of publications
Books:
Proclaiming Liberty: John Adams, Thomas Jefferson, and the Declaration of Independence (forthcoming, Cato Institute, 2026).
You Don’t Own Me: Individualism and the Culture of Liberty (forthcoming, Cato Institute, 2025).
Freedom’s Furies: How Isabel Paterson, Rose Wilder Lane, and Ayn Rand Found Liberty in an age of Darkness (Cato Institute, 2022).
Some Notes on the Silence (poems) (Kelsay Books, 2022).
The Ascent of Jacob Bronowski: The Life and Ideas of a Popular Science Icon (Prometheus Books, 2019).
Frederick Douglass: Self-Made Man (Cato Institute, 2018).
The Permission Society (Encounter Books, 2016).
Cornerstone of Liberty: Property Rights in 21st-Century America, Second Edition (with Christina Sandefur) (Cato Institute, 2016).
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty (Cato Institute, 2014).
The Right to Earn a Living: Economic Freedom and the Law (Cato Institute, 2010).
Cornerstone of Liberty: Property Rights in 21st Century America (Cato Institute, 2006).
Book Chapters:
“Defending Economic Liberty in State Courts: A Practitioner’s Perspective,” in Anastasia Boden, ed., Beyond the Fourteenth Amendment (Washington, D.C.: Cato Institute, 2025).
“Love, Truluv,” in Stefan Storrie & Ezio Di Nucci, 1984 and Philosophy (Open Court Press, 2018).
“‘The Patrimony of The Poor Man:’ Protecting Economic Liberty in Illinois,” in Joseph E. Tabor, ed., An Illinois Constitution for The 21st Century (Chicago: Illinois Policy Institute, 2017).
“Evolution and Classical Liberalism,” in Stephen Dilley, ed., Darwinian Evolution and
Classical Liberalism (Lanham: Lexington Books, 2013).
“Observations on Arnhart’s Darwinian Conservatism,” in Kenneth Blanchard, ed., Darwinian
Conservatism by Larry Arnhart (Imprint Academic, 2d. ed., 2009).
“Censorship,” “Constitutionalism,” “Individualism, Political And Ethical,” “Judiciary,”
“Frederick Douglass” entries in The Encyclopedia of Libertarianism ed. Ronald Hamowy
(Washington, D.C.: Cato Institute, 2008), pp. 100-03, 125-27; 241-43; 265-67.
“Innovation” entry in David Henderson, ed. The Concise Encyclopedia of Economics (2nd ed. Indianapolis: Liberty Fund, 2007), pp. 270-275.
Scholarly Journals and Papers:
“The ‘Mandatory’ Clauses of State Constitutions,” 60 Gonzaga Law Review 159-212 (2025).
“Eminent Domain in the Washington and Arizona Constitutions,” 18 NYU Journal of Law & Liberty 167-238 (2025).
“Liability for Government Dereliction: Equity and Property Rights,” 13 Brigham-Kanner Property Rights Journal 85-109 (2024).
“The Arizona Gift Clause in the Twenty-First Century,” 16 Drexel Law Review 299-358 (2024).
“The Origins of the Arizona Gift Clause,” 26 Regent University Law Review 1-58 (2024).
“Why Haaland v. Brackeen is Not the End of the Story,” 2022-2023 Cato Supreme Court Review 169-208.
“Aspiration and Inspiration in Foot and Rand,” 44 Reason Papers 69-89 (Fall, 2023).
“The Natural Right to Property,” 10 Texas A&M Journal of Property Law 673-706 (2023).
“The Federalism Problems with the Indian Child Welfare Act,” 26 Texas Review of Law & Politics 429-84 (2022).
“The Unconstitutionality of the Indian Child Welfare Act,” 26 Texas Review of Law & Politics 55-101 (2021).
“Playing the Rights Game,” (symposium on The Realist Turn by Douglas Den Uyl & Douglas Rasmussen), 42 Reason Papers 47-60 (2021).
“Predators, Not Protectors: How Asset Forfeiture Undermines the Legitimacy of Government,” Goldwater Institute Policy Report, Mar. 23, 2021.
“Think Inside the Box,” (symposium on F.A. Hayek and the Epistemology of Politics by Scott Scheall), 41 Reason Papers 13-29 (2020).
“Frederick Douglass and the American Dream,” 40 Cato Journal 213-32 (2019).
“Recent Developments in Indian Child Welfare Act Litigation: Moving Toward Equal Protection?” 23 Texas Review of Law & Politics 425-65 (2019).
“The Arizona ‘Private Affairs’ Clause,” 51 Arizona State Law Journal 723-73 (2019).
“Rebuilding the Fourteenth Amendment: The Prospects and Pitfalls,” 12 NYU Journal of Law & Liberty 278-332 (2019).
“Hercules and Narragansett among the Originalists,” 39 Reason Papers 8-36 (2018).
“Due Process and Agency: Compliments, Not Substitutes,” 69 Florida Law Review Forum 18-26 (2017).
“Escaping the ICWA Penalty Box: In Defense of Equal Protection for Indian Children,” 37 Children’s Legal Rights Journal 6-80 (2017).
“State Powers and the Right to Pursue Happiness,” 21 Texas Review of Law & Politics 323-30 (2017).
“Lex Terrae 800 Years On,” 9 NYU Journal of Law & Liberty 759-92 (2015).
“Freedom of Competition and the Rhetoric of Federalism: North Carolina Board of Dental Examiners v. FTC,” 2015 Cato Supreme Court Review 195-225 (2015).
“State ‘Competitor Veto’ Laws and the Right to Earn a Living: Some Paths to Federal Reform,” 38 Harvard Journal of Law & Public Policy 1009-72 (2015).
“Rational Basis and the 12(b)(6) Motion: An Unnecessary ‘Perplexity,” 25 George Mason University Civil Rights Law Journal 43-83 (2014).
“‘Public Convenience and Necessity’ and Other Conspiracies against Trade: A Case Study from the Missouri Moving Industry,” 24 George Mason University Civil Rights Law Journal 159-203 (2014).
“Love and Solipsism: Law and Arbitrary Rule in Aeschylus, Shakespeare, Sophocles, and Anouilh,” 64 Alabama Law Review 981-1011 (2013).
“So It’s A Tax...Now What? Some of the Problems Remaining After NFIB v. Sebelius,” 17 Texas Review of Law & Politics 203-37 (2013).
“State Standing to Challenge Ultra Vires Federal Action: The Health Care Cases and Beyond,” 23 University of Florida Journal of Law & Public Policy 311-44 (2013).
“Insiders, Outsiders, And the American Dream: How Certificate of Necessity Laws Harm Our Society’s Values,” 26 Notre Dame Journal of Law, Ethics, & Public Policy 381-426 (2012).
“In Defense of Substantive Due Process, or, the Promise of Lawful Rule,” 34 Harvard Journal of Law & Public Policy 283-350 (2012).
“Privileges, Immunities, and Substantive Due Process,” 5 New York University Journal of Law & Liberty 115-72 (2010).
“Does the State Create The Market?” 33 Harvard Journal of Law & Public Policy 779-806 (2010).
“To Pursue and Obtain Happiness and Safety,” Rockford College Center for Ethics And Entrepreneurship (2010).
“The Timing of Facial Challenges,” 43 Akron Law Review 51-77 (2010).
“Gradual and Silent Encroachments: How the Missouri Supreme Court Expanded The Power of Eminent Domain,” Show-Me Institute Policy Study No. 20, Sept. 15, 2009.
“Some Problems with Spontaneous Order,” 14 The Independent Review 5-25 (2009).
“The Modern California Supreme Court: Progressivism and Practical Constraints,” Federalist Society White Paper, Oct. 2008 (with Damien M. Schiff).
“Reason and Common Ground: A Response to the Creationists’ ‘Neutrality’ Argument,” 11 Chapman Law Review 129-54 (2008).
“A Criticism of Ayn Rand’s Theory of Intellectual Property Rights,” 9 Journal of Ayn Rand Studies 139-61 (2008).
“The Wolves and The Sheep of Constitutional Law: A Review Essay on Kermit Roosevelt’s The Myth of Judicial Activism,” 23 Journal of Law & Politics 1-40 (2007).
“What Part of ‘No Law’ Don’t You Understand? Getting Government Out of the Politics Business,” 12 Nexus: A Journal of Opinion 135-52 (2007).
“Mine And Thine Distinct: What Kelo Says About Our Path,” 10 Chapman Law Review 1-48 (2006).
“The ‘Backlash’ So Far: Will Citizens Get Meaningful Eminent Domain Reform?” 2006 Michigan State Law Review 709-77.
“Don’t Mess With Property Rights in Texas: How The State Constitution Protects Property Owners in The Wake of Kelo,” 41 Real Property Probate & Trust Journal 227-52 (2006).
“How Libertarians Ought to Think About the U.S. Civil War,” 28 Reason Papers 61-83 (2006).
“The Information Age, Again,” 11 Nexus: A Journal of Opinion 5-13 (2006).
“Is Economic Exclusion a Legitimate State Interest: Four Recent Cases Test the Boundaries,” 14 William & Mary Bill of Rights Journal 1023-62 (2006).
“Playing the Takings Game: How Government Regulates Away Property Rights,” Goldwater Institute Policy Report No. 210, June 13, 2006.
“Why The Rule Against Perpetuities Mattered in Pleasants v. Pleasants,” 40 Real Property Probate & Trust Journal 667-677 (2006).
“Piercing The Veil of Intelligent Design: Why Courts Should Beware Creationism’s Secular Disguise,” 15 Kansas Journal of Law & Public Policy 15-47 (2006) (with Colin McRoberts)
“Measure 37: Paying People for What We Take,” 38 Environmental Law 79-104 (2006) (with Leslie Marshall Lewallen and Steven G. Geiseler).
“The Declaration of Independence: Annotated,” 9 Chapman Law Review 147-155 (2006).
“‘Nice Questions’ Unanswered: Grokster, Sony’s Staple Article of Commerce Doctrine, And The Deferred Verdict on Internet File Sharing,” 2005 Cato Sup. Ct. Rev. 235-261 (with David G. Post and Annemarie Bridy)
“The Burdens of Freedom” (reviewing Restoring The Lost Constitution by Randy E. Barnett), 10 The Independent Review 139-50 (2005).
“A Gleeful Obituary for Poletown v. City of Detroit,” 28 Harvard Journal of Law & Public Policy 651-78 (2005).
“A Private Little Bush v. Gore, or, How Nevada Violated The Republican Guarantee And Got Away with It,” 9 Texas Review of Law & Politics 105-145 (2005).
“Liberal Originalism: A Past for The Future,” 27 Harvard Journal of Law & Public Policy 489-541 (2004).
“Equality of Opportunity in The Regulatory Age: Why Yesterday’s Rationality Review is Not Enough,” 24 Northern Illinois University Law Review 457-507 (2004).
“You Can’t Get There from Here: How Government Still Threatens King’s Dream,” 22 Law and Inequality 1-30 (2004).
“A Natural Rights View of Eminent Domain in California: A Rationale for Meaningful Judicial Scrutiny of ‘Public Use,’” 32 Southwestern University Law Review 569-676 (2003).
“The Right to Earn A Living,” 6 Chapman Law Review 207-77 (2003).
“Dinosaur TRACS: The Approaching Conflict between Establishment Clause Jurisprudence and College Accreditation Procedures,” 7 Nexus: A Journal of Opinion 79-95 (2002).
“The Senate Is Supposed to Advise and Consent, Not Obstruct and Delay,” 7 Nexus: A Journal of Opinion 11-25 (2002) (with John C. Eastman), reprinted in Points of View: Readings in American Government and Politics ed. by Allan S. Hammock, Robert E. DeClerico (McGraw-Hill, 2008).
“The Common Law Right to Earn a Living,” 7 Independent Review 69-90 (2002).
“Stephen J. Field: Frontier Justice or Justice on the Natural Rights Frontier?” 6 Nexus: A Journal of Opinion 121-29 (2001) (with John C. Eastman).
Newspapers, Magazines, and Other Publications
“Who’s Afraid of Frank Lloyd Wright?” The Dispatch Mar. 31, 2025.
“A ‘Nonsense’ View of Rights,” Discourse, Mar. 31, 2025.
“Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?” State Court Report, Jan. 22, 2025.
“The Song of the New World,” The Objective Standard, Aug. 20, 2024.
“John Varley: An Appreciation,” Discourse, Aug. 9, 2024.
“Libertarianism Doesn’t Need an ‘Update,’” Discourse, July 15, 2024.
“Supreme Court Homelessness Ruling Could Help Defeat Crisis,” FoxNews.com, July 5, 2024.
“The Court Got It Right on Free Speech and Social Media,” The Dispatch, July 2, 2024.
“Supreme Court Strikes Down Administrative State Tyranny,” Orange County Register, July 1, 2024.
“How the Courts Made the Homeless Crisis Worse,” Wall Street Journal, Apr. 21, 2024.
“The Architect of Democracy,” Discourse, Apr. 13, 2024.
“For Justice Sam Alito, Freedom is Censorship and Censorship is Freedom,” The UnPopulist, Mar. 4, 2024.
“Frank Lloyd Wright: Rebel Architect,” The Objective Standard, Winter 2023-24.
“The Supreme Court Decision That Could Help Us Take Back Our Cities,” FoxNews.com, Sep. 27, 2023.
“A Chance to Rein in the Administrative State’s Tyranny?” Orange County Register, July 27, 2023.
“Even Criminals Get Due Process. Why Don’t These Innocent Americans?” Townhall.com, June 30, 2023.
“Supreme Court Decision Means Crimes Against Native American Children Continue,” Washington Times, June 19, 2023.
“Juneteenth,” Washington Examiner, June 17, 2023.
“What Happened to the Polymaths?” Discourse, June 6, 2023.
“The Dark Side of Historic Preservation,” Discourse, Mar 21, 2023.
“Albert King: A Centennial Celebration,” The Dispatch, Apr. 22, 2023.
“Why Bronowski Matters,” Discourse, Jan. 26, 2023.
“Phoenix is Failing Everyone—Homeless or Not—in The Zone,” Arizona Republic, Jan. 2, 2023 (with Austin VanDerHeyden).
“California Turned a Constitutional Shield into a Government Sword,” Orange County Register, Dec. 2, 2022.
“What Should A Post-ICWA America Look Like?” Discourse, Nov. 18, 2022.
“How ‘Freedom’s Furies’ Helped Save American Individualism,” Discourse, Nov. 11, 2022.
“Supreme Court Must Close the Chapter on Discrimination against Native American Children,” Attorney at Law, Nov. 4, 2022.
“The Supreme Court’s Chance to Help Native American Children,” National Review Online, Nov. 4, 2022.
“The Life and Fate of Vasily Grossman, Banned Russian Novelist,” The Objective Standard, Oct. 29, 2022.
“Creedence Clearwater Revisited,” The Dispatch, Oct. 1, 2022.
“Clarence Thomas Would Jettison Part of America’s Heritage of Liberty,” The UnPopulist, Aug. 31, 2022.
“Understanding the Fight over Substantive Due Process,” The UnPopulist, Aug. 30, 2022.
“How Isabel Paterson Helped Ayn Rand Find Atlantis,” The Objective Standard, Aug. 19, 2022.
“Blacklisted for Playing at the Park? Arizona’s Child Neglect Agency Goes Too Far,” Arizona Republic, Aug. 10, 2022 (with Adi Dynar).
“Pushing Back Against a Permission Society,” Discourse, Aug. 1, 2022.
“A Post-Roe Court Will Need More Liberals to Defend Liberty,” The UnPopulist, June 6, 2022.
“Debt and Demagoguery,” Discourse, May 9, 2022.
“By Rejecting a Record Tax Increase, Arizona Chooses a Better Path,” National Review Online, Mar. 21, 2022.
“How the Government Keeps ‘Indian’ Children from Loving Homes,” Reason.com, Mar. 3, 2022.
“Supreme Court Nominee’s Rulings on Executive Branch Power Are a Good Sign,” Discourse, Feb. 28, 2022.
“Open the Books on Critical Race Theory,” The Dispatch, Feb. 25, 2022.
“Robert Hayden, the Poet who Would Not be Cancelled,” The Dispatch, Feb. 19, 2022.
“Why Juries Matter,” Discourse, Dec. 17, 2021.
“The Supreme Court Isn’t Broken,” Discourse, Dec. 1, 2021.
“The Most Unconstitutional Law in America,” Discourse, Oct. 26, 2021.
“Time to End the Race-Based Law That Harms Native American Children,” Orange County Register, Oct. 10, 2021.
“Tax and Spend: Arizona’s Battle over Proposition 208 Goes to the Courts,” National Review Online, Sept. 13, 2021 (with Matt Beienburg).
“Privacy and Free Speech,” Regulation, Summer, 2021.
“Why We Shouldn’t Abandon the Consumer Welfare Standard,” The Dispatch, Dec. 22, 2020.
“2020 Has Been Bad, But Is It Worse Than the 1930s?” The Dispatch, Dec. 14, 2020.
“Bruce Herschensohn, RIP,” The Dispatch, Dec. 2, 2020.
“The 1619 Project: An Autopsy,” The Dispatch, Oct. 27, 2020.
“Of Course the Declaration is Law,” The Dispatch, Oct. 21, 2020.
“John Singer Sargent and the Art of Elegance,” The Objective Standard, Fall 2020.
“California Should Unlock Entrepreneurs’ Creativity to Help Save the Nation’s Economy,” Orange County Register, July 30, 2020.
“Why Are Taxpayers Footing the Bill for Full-Time Police Union Employees?” Reason.com, July 21, 2020.
“Reading Twain to the Pajama Boy Nietzscheans,” The American Mind, May 27, 2020.
“This is Not the Great Depression… Yet,” The Dispatch, May 13, 2020.
“How This Pandemic Proves the Wisdom of the Founders,” The Dispatch, Apr. 15, 2020.
“Federal Law Has Failed Vulnerable Native American Kids,” National Review Online, Jan. 22, 2020.
“What Pete Buttigieg Gets Wrong about the Founding Fathers,” The Dispatch, Jan. 7, 2020.
“The Arizona ‘Private Affairs’ Clause: Time for a Second Look,” Arizona Attorney, Dec. 2019.
“Leading an Enlightenment Life in an Anti-Enlightenment World,” The Objective Standard, Winter 2019.
“Dorothy Fontana Was a ‘Damn Good writer,’” The Objective Standard, Dec. 6, 2019.
“The Bravery of Hong Kong’s Freedom Fighters,” The Objective Standard, Nov. 21, 2019.
“Stevie Ray Vaughan and the Important Things in Life,” The Objective Standard, Nov. 7, 2019.
“Robert Eggers New/Old Kind of Horror Film,” The Objective Standard, Oct. 30, 2019.
“Modern Meets Ancient in A.E. Stallings,” The Objective Standard, Oct. 24, 2019.
“Enter The Twilight Zone This November,” The Objective Standard, Oct. 9, 2019.
“Bravery that Broke the Berlin Wall,” The Objective Standard, Oct. 3, 2019.
“Celebrate and Exercise Your Right to Read,” The Objective Standard, Sept. 24, 2019.
“The Glorious Liberty Document,” National Review, Sept. 30, 2019.
“Humor and Being Human,” The Objective Standard, Sept. 5, 2019.
“John Fogerty’s Disciplined Focus,” The Objective Standard, Aug. 30, 2019.
“Charles Sumner’s Principled Attack on Slavery,” The Objective Standard, Aug. 26, 2019.
“The Founders Were Flawed. The Nation Is Imperfect. The Constitution Is Still A ‘Glorious Liberty Document,’” Reason.com, Aug. 21, 2019.
“McCartan Delighted in the Sensual World,” The Objective Standard, Aug. 15, 2019.
“The Battle for Values in American Westerns,” The Objective Standard, Aug. 1, 2019.
“Entrepreneurs in Space,” The Objective Standard, July 26, 2019.
“Zora Neale Hurston Put Nothing above Independence,” The Objective Standard, July 18, 2019.
“John Milton’s Lovers in Paradise,” The Objective Standard, July 11, 2019.
“René Marie: A Voice of Independence,” The Objective Standard, June 27, 2019.
“Suffused with Sunlight: The Paintings of John White Alexander,” The Objective Standard, June 17, 2019.
“Tulsa’s Art Deco Heritage,” The Objective Standard, June 11, 2019.
“Jerry Goldsmith’s Voice of Idealism,” The Objective Standard, June 4, 2019.
“Dr. Ruth: Preaching the Goodness of Sex,” The Objective Standard, May 30, 2019.
“The Problem with ‘Price Transparency’ in Prescription Drugs,” National Review Online, May 23, 2019.
“Thanks to Science, Allergies Don’t Have to Keep You Down,” The Objective Standard, May 24, 2019.
“John Marshall: Dual Sovereignty, One Republic,” The Objective Standard, vol. 14 no. 2, Summer 2019.
“Western Culture,” Claremont Review of Books Digital, Apr. 23, 2019
“Monticello: Portrait of Its Designer,” The Objective Standard, May 2, 2019.
“Buster Keaton’s Silence Was Golden,” The Objective Standard, Apr. 26, 2019.
“Poets of Spring and Appraisals of Man,” The Objective Standard, Apr. 12, 2019.
“Flying is Safer Than Eating,” The Objective Standard, Apr. 6, 2019.
“Miles Davis’s Kind of Blue at Sixty,” The Objective Standard, Mar. 19, 2019.
“Jason Hill Vindicates the American Dream against Ta-Nehisi Coates’s Delusional Race Rhetoric,” The Objective Standard, Mar. 14, 2019.
“Max Hastings and the Tragedy of War,” The Objective Standard, Mar. 6, 2019.
“Timbs: A Victory for Due Process and Individual Rights,” The Objective Standard, Feb. 21, 2019.
“Joseph Conrad: No Faltering, No Shame, No Regrets,” The Objective Standard, Feb. 13, 2019.
“Millard Sheets and the Art of Banking,” The Objective Standard, Jan. 27, 2019.
“Celebrating Slack Key and the Sweetness of Life,” The Objective Standard, Jan. 24, 2019.
“A New Window on Scriabin,” The Objective Standard, Jan. 17, 2019.
“John Singer Sargent: Master of Elevated Grace,” The Objective Standard, Jan 11, 2019.
“Tucker Carlson Thinks the Problem with America is Market Capitalism,” Reason.com, Jan. 4. 2019.
“Why Praise the Rose Parade,” The Objective Standard, Jan. 2, 2019.
“Lawyers Have Rights, Too,” Wall Street Journal, Dec. 21, 2018 (with Jacob Huebert).
“The Need for Philosophy in the Islands of the Blessed,” The Objective Standard, vol. 13 no. 4, Winter, 2018.
“Sequoyah, the Native Linguist,” The Objective Standard, vol. 13 no. 3, Fall 2018.
“Roberts Court Upholds Free Speech at the Polls. For Now.” Ricochet, June 18, 2018.
“The Genius of James Madison,” The Objective Standard, vol. 13 no. 2, Summer, 2018.
“Family Malpractice,” The Weekly Standard, Apr. 13, 2018.
“Frederick Douglass Was His Own Man,” Ricochet, Feb. 27, 2018.
“Frederick Douglass’s Vision of Manhood” The Objective Standard, vol. 13, no. 1, Spring, 2018.
“Suffer the Little Children,” Regulation, Winter, 2017-18.
“Native American Children Deserve Equal Protection under Law,” Austin American-Statesman, Nov. 13, 2017.
“Attorneys General Should Stand Up for Native American Children,” National Review Online, Nov. 3, 2017.
“Equal Protection for Native American Children,” Los Angeles Daily Journal, Aug. 28, 2017.
“Captain Cook: Explorer of the Enlightenment,” The Objective Standard, vol. 12, no. 2, Summer, 2017.
“Neil Gorsuch’s Natural Law,” Reason.com, Feb. 2017.
“Pricing Laws Violate Speech,” Reason.com, Jan. 21, 2017.
“The Greeks and America’s Founding Fathers Part 3: The Two Freedoms,” The Objective Standard, vol. 12 No. 1, Spring 2017.
“The Greeks and America’s Founding Fathers Part 2: Learning What Not To Do,” The Objective Standard, vol. 11 No. 4, Winter 2016.
“The Greeks and America’s Founding Fathers Part 1: The Greek Frame,” The Objective Standard, vol. 11 No. 3, Autumn 2016.
“Treat Children as Individuals, Not Resources,” Cato Unbound, Aug. 2016.
“Four Great Modern Poets,” The Objective Standard, vol. 11 No. 2, Summer 2016.
“Anarchy, State, and Zombie Dystopia: Civilization and Its Discontents in The Walking Dead,” Reason, June 2016.
“For This Six-year-old, The Law Sees Only Race,” Wall Street Journal, March 24, 2016 (with Aditya Dynar).
“Property Ownership Fairness Act: Protecting Property Rights,” Ricochet, Feb. 4, 2016 (with Christina Sandefur)
“Cornerstone of Liberty: Respecting Private Property Rights, Ricochet, Feb. 3, 2016 (with Christina Sandefur)
“In Defense of Iconoclasm,” Brietbart.com, Jan. 11, 2016.
“Free Speech for You and Me, but Not for Professionals,” Regulation, Winter 2015-16.
“The Politics of Star Trek,” Claremont Review of Books, Summer, 2015.
“Think Licensing Laws Are Unfair? It Gets Worse.” Real Clear Policy, Apr. 21, 2015.
“You Don’t Own Me.” Libertarianism.org, Mar. 19, 2015.
“The Unknown Roadblocks to the American Dream,” The Blaze, Feb. 19, 2015.
“Montana’s Roadblocks to New Taxi Services,” The Missoulian, Feb. 13, 2015.
“Do We Really Want a Passive Judiciary?” Reason.com, Feb. 10, 2015.
“Reining in Antitrust Immunity,” Regulation, Fall, 2014.
“Hobby Lobby Ruling Only Protects Religious Rights,” Sacramento Bee, July 3, 2014.
“Hobby Lobby Case’s First Amendment Backing,” Washington Times, Mar. 21, 2014.
“PPACA’s Corrupting Lawlessness,” Regulation, Winter 2013-14 (with Christina Sandefur).
“Businesses Should Have The Right to Make Their Case,” National Law Journal, May 1, 2013.
“Obamacare Faces New Legal Challenge: Its ‘Tax’ Still Violates the Constitution,” Christian Science Monitor, Apr. 30, 2013.
“Returning to the True Spirit of the First Amendment,” Regulation, Spring, 2013.
“Is The Obamacare Tax Constitutional?” James Madison Institute Journal, Spring, 2013.
“Koontz Case to Protect Property Rights” Washington Times, Nov. 30, 2012 (with Ilya Shapiro).
“Protecting The Right to Remain Silent in The Workplace,” Regulation, Winter, 2012.
“Challenge of Federal Rules is About More Than Price of Milk,” Capital Press, Nov. 22, 2012.
“For Obama Crowd, Judicial Activism Suddenly Isn’t Cool Anymore,” Forbes.com, Apr.
22, 2012.
“Obamacare Gives Congress License to Micromanage Every Facet of Our Lives,” Christian Science Monitor Mar. 27, 2012.
“Why Substantive Due Process Makes Sense,” Cato Unbound, Feb. 2012.
“Compliance—Or Else,” Regulation, Winter, 2012 (reprinted, Irrigation Leader, Jan. 2012).
“CON Job,” Regulation, Summer, 2011.
“Reagan’s Public Interest Law Legacy,” The National Law Journal, Feb. 14, 2011.
“List,” Reason, Feb. 2011.
“Virginia Health-Care Ruling A Tonic for the Spirit of Liberty,” San Diego Daily Transcript, Jan, 19, 2011 (with Luke Wake).
“Missouri’s Mover Monopoly,” The Missouri Record, Dec. 16, 2010.
“Comes A Horseman,” National Review, Sep. 20, 2010.
“State Targets Organic Fertilizer, Freedoms,” North County Times June 13, 2010.
“Get Rid of Vague Laws,” Forbes.com, March 30, 2010.
“14th Amendment Has 2nd’s Back,” Fredericksburg (VA) Freelance-Star, Feb. 26, 2010.
“Restore Privileges or Immunities,” National Law Journal, March 1, 2010.
“At The U.S. Supreme Court, Florida Property-Rights Case Carries National Implications,” Tampa Tribune, Dec. 2, 2009 (with Steven Geoffrey Geiseler).
“Four Problems with Spontaneous Order,” Cato Unbound, Dec. 2009.
“Property Rights—or Property Permissions?” Liberty, Nov. 2009.
“Setting Boundaries for Property Rights,” The National Law Journal, Aug. 31, 2009.
“What Obama Says to Iran Matters,” Orange County Register, June 30, 2009.
“How We Spend,” Freedom Politics.com Feb. 3, 2009.
“The Oregon Moving Cartel,” The Oregonian, Nov. 28, 2008.
“Eminent Domain: Nevada Serves up Lesson to Other States,” Elko Daily Free Press, Nov. 12, 2008.
“The Facts about Eminent Domain Reform,” Victorville Daily Press, May 16, 2008.
“State Abuses Eminent Domain Law,” Springfield News Leader, Apr. 7, 2008.
“You May Already Be A Winner!” Sacramento Daily Recorder, Feb. 15, 2008.
“California’s CO2 Blame Game vs. Automakers,” Investor’s Business Daily, Jan. 31, 2008.
“Property Owners Remain Vulnerable to Eminent Domain,” St. Louis Business Journal, Jan. 25, 2008.
“Property Rights Mean The Right to Say No,” California Political Review, Nov./Dec. 2007.
“A Little Rationality in ‘Rational Basis’ Please,” California Political Review, Sept./Oct. 2007.
“Birdbrained Rules,” Legal Times, Aug. 27, 2007.
“American Dream on A Spike,” California Daily Recorder/Law.com, Aug. 17, 2007.
“Save America.... Throw Away Raisins?” Engage, July 2007.
“The Court’s Two Ways of Being Wrong,” Liberty, June 2007.
“Happy Birthday, Nollan!” San Francisco Daily Recorder, May 18, 2007.
“Union Dues and Free Speech,” Washington Times, April 4, 2007.
“This Land is My Land,” Legal Times, Mar. 19, 2007 (with R.S. Radford).
“Private Property Rights under Fire in Missouri,” Kansas City Star, Feb. 19, 2007 (with James S. Burling).
“Job No. 1 for Jerry Brown: Withdraw Lockyer’s Frivolous ‘Global Warming’ Lawsuit,” San
Francisco Chronicle, Feb. 15, 2007 (with M. David Stirling).
“The Great Property Rights Crack-Up,” Liberty, Feb. 2007.
“Take Property First, Ask Questions Later?” Baltimore Examiner, Jan. 23, 2007.
“The Great Property Rights Revival,” National Review Online, Nov. 27, 2006.
“Legislature, Governor Tinker with Eminent Domain” Sacramento Bee, Nov. 17, 2006.
“Liberal Compassion: Missing in Action?” California Political Review, Nov./Dec. 2006.
“Don’t Let Property Rights Get Trampled in Maryland,” Baltimore Sun, Sept. 6, 2006.
“Voters Can Act to ‘Save Our Homes’” Orange County Register, June 28, 2006.
“Eminent Domain Blinds Bureaucrats to Their Duty,” Providence (R.I.) Journal, Jun 18, 2006.
“Where’s Our Eminent Domain Reform?” California Political Review, May/June 2006.
“They’re Still Coming for Your Land,” Liberty, June, 2006.
“The Pain of Eminent Domain,” Fort Worth Star Telegram, May 28, 2006.
“Redevelop Eminent Domain,” Sacramento Bee, May 5, 2006.
“The Kelo Backlash,” Whistleblower, Apr. 2006.
“A Private Auction of Opportunities,” Regulation, Spring 2006.
“Backlash on Eminent Domain Has Weak Results,” San Francisco Daily Journal, Mar. 10, 2006
“The Rehnquist Legacy,” Liberty, Nov. 2005
“Kelo: Hope for Property Rights,” Liberty, Sept. 2005.
“Standing Up for the ‘Heathen Chinee,’” Liberty, Aug. 2005.
“Californians Not Safe from Eminent Domain,” Pasadena Star News and other papers, July 25, 2005.
“Property Needs Safety from Seizure,” Los Angeles Daily News, July 19, 2005 (with Harold Johnson).
“They’re Coming to Take Your Land,” Liberty, March 2005.
“Eminent Domain Abuse,” Washington Times and other papers Feb. 20, 2005.
“This Land Is Not Your Land,” National Review Online, August 23, 2004
“Worth A 47 Mile Commute,” Liberty, April, 2004
“Let ‘Em Walk to the Clinic,” Liberty, Feb. 2004
“Poletown Condemnation Case Has Ruled Too Long in Michigan,” Detroit Free Press, Feb. 10, 2004.
“Judging Janice Rogers Brown,” (with Harold Johnson) Front Page Mag.com, Nov. 8, 2003.
“Fair Game?” (with John Eastman), Daily Journal, Nov. 3, 2003
“In Defense of Plea Bargaining,” Regulation, Fall 2003, reprinted in Taking Sides, ed., Marie Natoli (McGraw-Hill, 2006).
“Showdown in The Desert,” Liberty, Sep./Oct. 2003.
“An Ill Wind from the East,” Orange County Register, July 16, 2003.
“Throwing out The Rules: The Nevada Supreme Court Tries Legislating,” National
Review Online, July 14, 2003.
“Dismalism,” Liberty, May 2003.
“Freedom and the Wolves,” Liberty, Mar. 2003.
“The Indian Relics Law,” California Political Review, Dec. 6, 2002.
“Why Secession Was Wrong” Liberty, Dec. 2002.
“Burying The Truth: The Case of the Kennewick Man,” Liberty, Nov. 2002.
“Where Have All the Jobs Gone?” California Political Review, Oct. 2, 2002.
“‘Liberty and Union, Now and Forever,’” Liberty, July, 2002.
“Rights Are A Seamless Web,” 26 Rutgers L. Rec. 5 (April 23, 2002).
“The Obstacle Course of Eminent Domain,” Ideas on Liberty, Feb. 2002.
“Rewarding Criminals for Their Crimes,” Liberty, Sep. 2001.
“Property Rights,” Orange County Register, July 5, 2001.
“It’s ‘Steeling,’” Orange County Register, June 12, 2001.
“Remember Madison?” Orange County Register, Mar. 16, 2001.
“Poverty Forbidden,” Orange County Register, May 30, 2001.
“Creationism: It’s Not Just for Fundamentalists Anymore,” Liberty, Dec. 2000.
“Justice Brown’s Principled Jurisprudence,” Orange County Register, Dec. 10, 2000.
“The Book Banners” Orange County Register, Sept. 26, 2000.
“Reefer Madness” Orange County Register September 1, 2000.
“Elian Gonzalez and Dred Scott” Liberty, July, 2000.
“The Starship Private Enterprise” Ideas on Liberty, May 2000.
“Why We Should Allow the Sale of Body Parts” Orange County Register, Apr. 23, 2000.
“Count Down” Orange County Register, Apr. 6, 2000.
“Plunder Gets A Boost,” Ideas on Liberty, Feb. 2000.
“NASA Drags Its Heels on Privatization” Orange County Register Jan. 16, 2000.
“War On Wal-Mart,” The Restoration, Nov. 1999.
“Judicial Injustice.” Orange County Register, Nov. 10, 1999.
“Legislation Puts Wal-Mart In A Little Box.” Orange County Register, Oct. 31, 1999.
Interview with Nathaniel Branden, The Restoration, Oct. 1999.
“Anti-Jefferson, Left and Right.” Liberty, Oct. 1999.
“Frank Lloyd Wright’s Humanism.” The Humanist, May/June 1999.
“A Capitalist Commencement” The Restoration, May, 1998.
“John Stuart Mill on Liberty” “The Restoration, May, 1998.
“John Locke: Father of Libertarianism” The Restoration, Apr. 1998.
“Delivering a Poor Education, and Delivering It Badly” The Restoration, Apr. 1998.
“Cloning and the Fear of Science” The Restoration Feb. 1998.
“Ayn Rand Defends the Independent Soul” The Restoration Feb. 1998.
“H.L. Mencken, the Libertarian Anti-Crusader” The Restoration Dec 97/Jan 98.
Interview with Bruce Herschensohn, The Restoration Dec 97/Jan 98.
“The Two Cultures, Still Estranged” The Restoration Dec 97/Jan 98.
“The Free Mind: A Paradise Lost” The Restoration Nov. 1997.
“Frederick Douglass and the Struggle for Freedom,” The Restoration, Nov. 1997.
“Why ‘Restoration’?” The Restoration, Oct. 1997.
“Conservative Attacks on Jefferson are Erroneous” The Restoration, Oct. 1997.
“Shierman’s Critics Too Sensitive” The Collegian, Feb. 1997.
“Your TV Rates Itself” The Collegian, Feb. 27, 1997.
“A Chopin Liszt for Saga” The Collegian, Feb. 20, 1997.
“Does Man Have The Right to Live for His Own Sake?” The Breeze, May 13, 1996.
“Minimum Wage Violates Free Market Principles” The Breeze, Apr. 29, 1996.
“Politics at the Precipice—or Is It Just April Fool?” The Breeze, Apr. 1, 1996.
“Telecommunications Bill Unconstitutional” The Breeze, Mar. 11, 1996.
“Buchanan Upsets the Republican Status Quo” The Breeze, Feb. 26, 1996.
“Ayala’s Measure Just Another Foolish Law” The Breeze, Feb. 12, 1996.
“Several Reasons to be Counting His Blessings This Holiday Season” The Breeze, Dec. 4, 1995.
“Which Party Is Really Bent on Self-Destruction?” The Breeze, Nov. 20, 1995.
“Million Man March Displays Black’s Racism” The Breeze, Oct. 23, 1995.
“State of the Union: Same Speech, Same Thing.” The Breeze, Jan. 29, 1995.
“The War on Drugs: The New Opium War?” (with Joseph Miranda) California Liberty
1995.
Book Reviews:
Book Review: Summer of Our Discontent by Thomas Chatterton Williams, The Objective Standard (forthcoming).
“Bored Equal” (reviewing Born Equal by Akhil Amar), The Dispatch (forthcoming).
“Lepore Grasp of the Constitution” (reviewing We the People by Jill Lepore), Washington Examiner, Sep. 5, 2025.
Book Review: Challenger by Adam Higginbotham, The Objective Standard, Oct. 9, 2024.
Book Review: On the Warpath: My Battles with Indians, Pretendians, and Woke Warriors by
Elizabeth Weiss, The Objective Standard, July 25, 2024.
Book Review: The United States Governed by Six Hundred Thousand Despots ed. by Jonathan D.S. Schroeder, The Objective Standard, July 12, 2024.
Book Review: Pudd’nhead Wilson: The Authoritative Edition by Benjamin Griffin, The Objective Standard, June 7, 2024.
Book Review: Judgment at Tokyo by Gary Bass, The Objective Standard, Apr. 11, 2024.
Book Review: Why It’s OK to Mind Your Own Business by Justin Tosi & Brandon Warmke, The Objective Standard, Feb. 8, 2024.
Book Review: American Classicist: The Life and Loves of Edith Hamilton by Victoria Houseman, The Objective Standard, Jan. 10, 2024.
Book Review: Against the New Politics of Identity by Ronald Lindsay, The Objective Standard, Nov. 10, 2023.
Book Review: The New Deal’s War on the Bill of Rights by David T. Beito, National Review, Sept. 28, 2023.
Book Review: Living for Pleasure by Emily Austin, The Objective Standard, May 18, 2023.
“Are Some Forms of Populism More Equal than Others?” (reviewing Democracy Unmoored by Samuel Issacharoff), Discourse, Apr. 21, 2023.
Book Review: The Stasi Poetry Circle by Philip Oltermann, The Objective Standard, Feb. 28, 2023.
Book Review: And There Was Light by John Meacham, The Objective Standard, Feb. 13. 2023.
Book Review: This Afterlife by A.E. Stallings, The Objective Standard, Dec. 3, 2022.
Book Review: Debunking the 1619 Project by Mary Grabar, 27 Independent Review 309-13,
Fall, 2022.
Book Review: The Fifth Act: America’s End in Afghanistan by Elliot Ackerman, The Objective Standard, Sept. 6, 2022.
Book Review: Notes on the State of Virginia: An Annotated Edition by Robert Pierce Forbes, The Objective Standard, Aug, 19, 2022.
Book Review: Classified by David E. Bernstein, The Objective Standard, July 15, 2022.
Book Review: Stories in Paint by Luc Travers and Windows on Humanity by Sandra Shaw, The Objective Standard, June 4, 2022.
“Singing a Song to the Morning” (reviewing You Don’t Know Us Negroes by Zora Neale Hurston), National Review, Feb. 20, 2022.
“How a Misunderstood Amendment is Key to Protecting Liberty” (reviewing The Original Meaning of the Fourteenth Amendment by Randy Barnett and Evan Bernick), Discourse, Dec. 21, 2021.
Book Review: Louis Sullivan’s Idea by Tim Samuelson and Chris Ware, The Objective Standard, Dec. 16, 2021.
Book Review: Law of the Land by Elmer Kelton, The Objective Standard, Nov. 26, 2021.
Book Review: A Profile of Hong Kong by Bruce Herschensohn, The Objective Standard, Sep. 17, 2021.
Book Review: O. Henry: 101 Stories ed. By Ben Yagoda, The Objective Standard, Aug. 11, 2021.
Book Review: Operation Pedestal: The Fleet that Battled to Malta, 1942 by Max Hastings, The Objective Standard, July 6, 2021.
Book Review: The Words That Made Us by Akhil Reed Amar, The Objective Standard, June 2, 2021.
Book Review: Ibsen’s Kingdom by Evert Sprinchorn, The Objective Standard, May 14, 2021.
Book Review: The Free World by Louis Menand, The Objective Standard, Apr. 13, 2021.
Book Review: Oedipus the King, A New Verse Translation by David Kovacs, Mar. 2, 2021.
Book Review: A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution by Damon Root, Feb. 9, 2021.
Book Review: Freedom: An Unruly History by Annelein de Dijn, The Objective Standard, Jan. 14, 2021.
Book Review: The Meritocracy Trap by Daniel Markovits, The Objective Standard, Dec. 18, 2020.
Book Review: The Property Species: Mine, Yours, and the Human Mind by Bart J. Wilson, The Objective Standard, Nov. 4, 2020.
Book Review: Cynical Theories by Helen Pluckrose and James Lindsay, The Objective Standard, Oct. 2, 2020.
“Taking the Founders’ Moral Ideas Seriously,” (reviewing America’s Revolutionary Mind by C. Bradley Thompson), National Review, Nov. 21, 2019.
Book Review: Enlightenment Now: The Case for Reason, Science, Humanism, and Progress by Steven Pinker, The Objective Standard, Apr. 17, 2019.
“A Radical for Individualism” (reviewing Frederick Douglass: Prophet of Freedom by David Blight), National Review, Nov. 12, 2018.
“Losing Ground” (reviewing The New Trail of Tears by Naomi Schaefer Riley), Claremont Review of Books, Winter, 2016-17.
Book Review: They Know Everything about You by Robert Scheer, San Francisco Daily Journal, Oct. 16, 2015.
“Disputing The Dogma of Deference” (reviewing Clark M. Neily III, Terms of Engagement), 17 Texas Review of Law & Politics 121-150 (2014).
Book Review: Rights at Risk by David K. Shipler, California Lawyer, Dec. 2012.
Book Review: Flagrant Conduct: The Story of Lawrence v. Texas by Dale Carpenter, California Lawyer, June 2012.
Book Review: The Rights of the People by David K. Shipler, California Lawyer, Dec. 2011.
Book Review: Constitutional Illusions and Anchoring Truths by Hadley Arkes, California Lawyer, May, 2011.
Book Review: Supreme Power by Jeff Shesol, California Lawyer, Oct. 2010.
Book Review: Crisis and Command by John Yoo, California Lawyer, May 2010.
Book Review: The Dirty Dozen by Robert A. Levy and William Mellor, 31 Reason Papers 175-81 (2009).
“Clarence Thomas’ Jurisprudence Unexplained” (reviewing The Supreme Court Opinions of Clarence Thomas by Henry Mark Holzer”) 4 New York University Journal of Law & Liberty 535-56 (2009).
Book Review: The Invisible Constitution by Laurence Tribe, California Lawyer, April, 2009.
Book Review: In Reckless Hands by Victoria Nourse, California Lawyer, January, 2009.
Book Review: Lincoln and the Court by Brian McGinty, California Lawyer, December, 2008.
Book Review: The Rise of the Conservative Legal Movement by Steven Teles, California Lawyer, November, 2008.
“The Texas Land War” (reviewing Bulldozed by Carla Main), Sacramento Daily Recorder, Dec. 10, 2007.
Book Review: David’s Hammer by Clint Bolick, Engage, Oct. 2007.
“A Low, Dishonest Decade,” (reviewing The Forgotten Man by Amity Shlaes) Liberty, Sept. 2007.
“The Power to Make You See,” (reviewing Joseph Conrad: A Life by Zdzisław Najder) Liberty, Aug. 2007.
“Seeking the Promised Land,” (reviewing At Canaan’s Edge by Taylor Branch) Liberty, Oct., 2006.
“The Cylons’ Makeover,” (reviewing Battlestar Galactica by Jeffrey A. Carver and The Cylons’ Secret by Craig Shaw Gardner) Liberty, Aug., 2006.
“Of Mars and Mammoths” (reviewing Mammoth by John Varley, The John Varley Reader by John Varley, and Red Lightning by John Varley) Liberty, July, 2006.
Book Review: Darwinian Conservatism by Larry Arnhart, 26 Rep. of the Nat. Ctr. for Sci. Ed. 40 (May-June 2006).
“While San Francisco Burned,” (reviewing The Great Earthquake and Firestorms of 1906: How San Francisco Nearly Destroyed Itself by Philip Fradkin, A Crack in the Edge of the World: America and the Great California Earthquake of 1906 by Simon Winchester, and San Francisco Is Burning: The Untold Story of the 1906 Earthquake and Fires by Dennis Smith) Liberty, Apr., 2006.
“The Normality of Freedom” (reviewing Restoring the Lost Constitution by Randy E. Barnett), The New Individualist, Jan./Feb., 2005.
“The Man Who Invented America” (reviewing His Excellency, George Washington by Joseph Ellis), Liberty, May, 2005.
“Pained Twain” (reviewing The Singular Mark Twain by Fred Kaplan), Liberty Nov. 2004.
“Curse of The Progressives” (reviewing A Fierce Discontent by Michael McGerr), Liberty Aug. 2004.
“Slaughtering the 14th Amendment” (reviewing Ronald M. Labbé and Jonathan Lurie, The Slaughterhouse Cases), Claremont Review of Books, Summer 2004.
“Keeping the Torch Lit” (reviewing Bruce Herschensohn, Passport), Liberty, Mar. 2004.
“Libs in Space” (reviewing John Varley, Red Thunder) Liberty, Aug. 2003.
“Choose Your Own Adventure” (reviewing Daniel Dennett, Freedom Evolves) Liberty, June 2003.
“Art and Life Well Played” (reviewing Ira Nadel, Tom Stoppard: A Life) Liberty, Mar. 2003.
“Judging The Court,” (reviewing James Swanson, ed., The Cato Supreme Court Review) Liberty, Jan. 2003.
“Rediscovering Jacob Bronowski,” (reviewing Jacob Bronowski, The Identity of Man), Liberty, Dec. 2002.
“Lincoln the Jeffersonian” (reviewing William Lee Miller, Lincoln’s Virtues) Liberty, Apr. 2002.
“A Man to be Destroyed,” (reviewing Andrew Peyton Thomas, Clarence Thomas) Liberty, Feb. 2002.
Review of William Klingaman, Abraham Lincoln And The Road to Emancipation, 1861-1865, The American Enterprise, Oct. 2001.
“Atlas Plugged,” (reviewing The World of Atlas Shrugged) Liberty, Oct. 2001.
“Rights, Sociology and Equality” (reviewing James T. Patterson, Brown v. Board of Education) Liberty, Aug. 2001.
“Mapmakers and Bookbreakers,” (reviewing Miles Harvey, The Island of Lost Maps) Liberty, July, 2001.
“Jefferson Misunderstood” (reviewing E.M. Halliday, Understanding Thomas Jefferson) Liberty, June, 2001.
“The Human Genome War” (reviewing Kevin Davies, Cracking the Genome) Liberty, April, 2001.
“Crossing the Great Divide” (reviewing Stephen Ambrose, Nothing Like It in The World) Liberty, March, 2001.
“Why Conservatives Oppose Progress” (reviewing Dinesh D’Souza, The Virtue of Prosperity) Liberty, March, 2001.
“Understanding the Vietnam War” (reviewing A.J. Langguth, Our Vietnam) Liberty, Feb. 2001.
“Jefferson, Lincoln and Bork,” (reviewing Harry Jaffa, A New Birth of Freedom) Liberty, Jan. 2001.
“Evolution Old and New” (reviewing Robert T. Pennock, Tower of Babel: The Evidence against The New Creationism and Niles Eldridge, The Triumph of Evolution and the Failure of Creationism) Laissez Faire City Times, Nov. 20, 2000.
“Liberty, Property and Mr. Madison,” (reviewing Gary Rosen, American Compact), Liberty, Aug. 2000.
Poetry:
“Laurel, a Ghazal,” Ekphrastic Review, Feb. 9, 2025.
“Evening,” “Entelechy,” “Not a Goddess,” “Crowded,” Canyon Voices, Nov. 2024.
“Vanished,” Pulsebeat, Sept. 2024.
“The Birth of Venus,” “The First Time,” “Stardust,” “A Winter Sestina,” “The Shadow Left Behind,” Medusa’s Kitchen, Aug. 10, 2024.
“Sequoiadendron giganteum,” Pulsebeat, May 2024.
“The Whiteness of the Whale,” Blue Unicorn, Spring 2024.
“Frank Lloyd Wright Pantoum,” “Crossing the Canyon,” “Cat’s Eyes,” Medusa’s Kitchen, Oct. 4, 2023.
“Osiris,” Pulsebeat, September 2023.
“The Noble Fir,” Think, Autumn 2023.
“Louis Sullivan,” Ekphrastic Review, Nov. 28, 2022.
“True” and “Epithalamium,” Think, Summer 2022.
“New York City Haiku,” Ekphrastic Review, July 1, 2022.
“Walk in Beauty,” Pulsebeat, Summer 2022.
“Once Again We Fly,” The Lyric, Summer 2021.
“James Holman,” Think, Summer 2021.
“Seeds,” First Things, June/July 2020.
“Pasiphaë on the Simple Life,” American Scholar’s “Next Line, Please” blog, July 2, 2019.
“Prologue to the 2020 Edition of the Book of Fate,” American Scholar’s “Next Line, Please” blog, June 18, 2019.
“Migrators,” The Agonist, Feb. 2019.
“Invisible Tattoo,” Think, Summer, 2018.
“Short Long Story,” American Scholar’s “Next Line, Please” blog, June 5, 2018.
“Apoptosis,” The Ghazal Page, Jan. 2018.
“The Ice Storm,” Tule Review, Fall 2013.
“On a Line by Derek Walcott,” Medusa’s Kitchen, July 7, 2013.
“Buzz, Buzz,” Medusa’s Kitchen, June 28, 2013.
“The Cusp,” Medusa’s Kitchen, Dec. 31, 2012.
“Racine & Laramie Tobacconists, Inc.,” Tule Review, Fall 2012.
“Somehow You Keep Exploring in My Dreams,” Medusa’s Kitchen, Aug. 27, 2012.
“Cameos,” Medusa’s Kitchen, Feb. 25, 2013.
“Vacuum Was The Same as Pressure,” “The Tale of The Keys,” “You Say That I Am Poor, But I Have Built,” Medusa’s Kitchen, Sept. 3, 2012.
“I Don’t Need A Myth for Poetry,” “Relics,” Tule Review, Mar. 2012.
“Escaping,” “Relics,” “Marie,” “I Don’t Need a Myth for Poetry,” Tule Review, Winter 2011.
“Sara,” Rattlesnake Review, Feb. 2010.
Other:
Letter to the Editor, Green Bag (Spring 2025).
“The Creator: Male and Female” (movie review) 38 Reason Papers 190-95 (2016)
“Romantic Realism and Moral Value: Spielberg’s Lincoln and Hooper’s Les Miserables” (movie review), 35 Reason Papers 160-67 (2013).
A reply to Gus diZerega, (15 Independent Review 305) Fall, 2010.
Letter to the editor, Green Bag (12 Green Bag 2d 250-51) Spring, 2009.
Letter to the editor, Regulation, Fall, 2008.
Letter to the editor, Green Bag (11 Green Bag 2d 284-85) Summer, 2008.
Letter to the editor, Claremont Review of Books, Fall 2005.
Letter to the editor, Pest Control, Jan. 2005.
Letter to the editor, Green Bag (8 Green Bag 2d 7-15) Autumn, 2004.
Letter to the editor, Green Bag (7 Green Bag 2d 371-72) Summer, 2004.
Letter to the editor, Sacramento Bee, October 5, 2002.
Letter to the editor, ABA Journal, (87 A.B.A.J. 10) July, 2001.
“Jefferson’s 200th Anniversary,” Laissez Faire City Times, Jan. 29, 2001.
“Sir Edward Coke and the Common Law” Laissez-Faire City Times, Sep. 25, 2000.
“Education and the Right to Read,” Laissez-Faire City Times, Aug 28, 2000.
“James Madison,” The Daily Objectivist, Aug. 1, 2000.
“Clarence Thomas,” The Daily Objectivist, July 31, 2000.
“Dr. Williams, or How I Stopped Seceding and Learned to Love the North,” Laissez-Faire City Times May 29, 2000.
“The Death of Libertarian Outrage” Laissez-Faire City Times, May 15, 2000.
“John Milton,” The Daily Objectivist, Apr. 3, 2000.
“Jacob Bronowski,” The Daily Objectivist, Feb. 27, 2000.
Letter to the editor, The Humanist, July/Aug 1999.
Letter to the editor, Reason, Nov. 1997.
Notable Citations
Nw. Landowners Ass’n v. State, 2025 WL 2471806 (N.D. Aug. 28, 2025).
Fletcher Properties Inc v. Minneapolis, 24 N.W.3d 287 (Minn. 2025).
Legacy Found. Action Fund v. Citizens Clean Elections Comm’n, 254 Ariz. 485 (2023).
Golden Glow Tanning Salon, Inc. v. City of Columbus, Mississippi, 52 F.4th 974 (5th Cir. 2022) (Ho, J., concurring).
Garrison v. New Fashion Pork LLP, 977 N.W.2d 67 (Iowa 2022) (Appel, J., dissenting).
Dep’t of Transportation, Bureau of Driver Licensing v. Middaugh, 244 A.3d 426 (Pa. 2021).
State v. Mixton, 250 Ariz. 282 (2021) (majority and dissent).
County of Butler v. Wolf, 486 F.Supp.3d 883 (W.D. Pa. 2020).
Hodes v. Schmidt, 309 Kan. 610 (2019) (Stegall J., dissenting).
Pittsfield Development, LLC v. City of Chicago, 2017 WL 5891223 (N.D. Ill. Nov. 28, 2017).
Torres v. Seaboard Foods, LLC, 373 P.3d 1057 (Okl. 2016).
Patel v. Texas Dep’t of Licensing & Regulation, 469 S.W.3d 69 (Tex. 2015) (Willett, J., concurring).
Lindner v. Kindig, 285 Neb. 386 (2013).
State v. Baldon, 829 N.W.2d 785 (Iowa 2013) (Appel, J., concurring).
Gillmor v. Summit County, 246 P.3d 102 (Utah 2010).
City of Norwood v. Horney, 110 Ohio St. 3d 353 (2006).
Amunrud v. Bd. of Appeals, 158 Wn.2d 208 (2006).
Named Lectureships
Percy & John Christian Civil Rights Lecture, Pacific Union College, 2019 (“Frederick Douglass: Power, Privilege, and Power”).
David Saurman Provocative Lecture, San Jose State University, 2013 (“The Right to Earn a Living”).
David Saurman Provocative Lecture, San Jose State University, 2017 (“Is Corporate Welfare Legal?”).