"Death of Paradox: The Killer Logic Beneath the Standards of Proof," Cornell Legal Studies Resarch Paper, No. 12-6 (2012).

"Civil Procedure’s Five Big Ideas," (July 16, 2011). Cornell Law Faculty Working Papers Paper 88 (2011); also available at SSRN.com

"Repressive Myth of Shady Grove, The Federal Courts, Practice & Procedure," 86 Notre Dame Law Review 987 (2011).

"Class Certification’s Preclusive Effects," 159 University of Pennsylvania Law Review PENNumbra, 203-230 (2011); Cornell Legal Studies Research Paper No. 11-17 (2011).

"Sequencing the Issues for Judicial Decisionmaking: Limitations from Jurisdictional Primacy and Intrasuit Preclusion", 63 Florida Law Review 301 (2011).

"Three Myths About Twombly-Iqbal," 45 Wake Forest Law Review 1337 (2010).

"Inventing Tests, Destabilizing Systems" (With Stephen C. Yeazell) 95 Iowa Law Review 821-861 (2010).

"Litigation Realities Redux," 84(5) Notre Dame Law Review 1919-1974 (2009); also in Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008), pp35-104

"Standards of Proof Revisited," 33 Vermont Law Review 469 (2009).

"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Stewart  J. Schwab), 3 Harvard Law and Policy Review 103. (2009)

"CAFA Judicata: A Tale of Waste and Politics" (with Theodore Eisenberg), 156 University of Pennylvania Law Review 1553 (2008).

"Xenophilia or Xenophobia in American Courts? Before and After 9/11" (with Theodore Eisenberg), 4 Journal of Empirical Legal Studies 441 (2007).

"Federal Courts, Practice & Procedure: Reverse-Erie," 82 Notre Dame Law Review 1-58 (2006).

"Integrating Transnational Perspectives into Civil Procedure: What Not to Teach," 56 Journal of Legal Education 524-538 (2006).

"Exorbitant Jurisdiction" (with John R.B. Palmer), 58 Maine Law Review 474 (2006).

"Jurisdictional Fact," 91 Cornell Law Review 973-1020 (2006).

"The Role of Private International Law in The United States:  Beating the Not-Quite-Dead Horse of Jurisdiction," 2 CILE Studies 75-114 (2005).

"Common-Law Compulsory Counterclaim Rule:  Creating Effective and Elegant Res Judicata Doctrine," 79 Notre Dame Law Review 1745-60 (2004).

"A Global Law of Jurisdiction and Judgments:  Views from the United States and Japan," 37 Cornell International Law Journal 1-26 (2004), translated in 33 J. Japanese Inst. Int'l Bus L. 917 (1071 (2005), reprinted in Theories of American Civil Procedure 295 (Masahiko Omura & Koichi Miki eds. & trans., 2006).

"How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals" (with Theodore Eisenberg and Stewart J. Schwab), 7 Employee Rights and Employment Policy Journal 547-67 (2004).

"Standards of Proof in Japan and the United States," 37 Cornell International Law Journal 263-84 (2004), translated in 33 J. Japanese Inst. Int'l Bus. 611, 779 (2005), reprinted in Theories of American Civil Procedure 139 (Masahiko Omura & Koichi Miki eds. & trans., 2006).

"Teaching Civil Procedure Through its Top Ten Cases, Plus or Minus Two,"  47 Saint Louis University Law Journal 111-25 (2003).

"A Comparative View of Standards of Proof" (with Emily Sherwin), 50 American Journal of Comparative Law 243-75 (2002) reprinted in 47 China Law Journal (2002).

"Judge Harry Edwards: A Case in Point!" (with Theodore Eisenberg), 80 Washington University Law Quarterly 1275-89 (2002).

"Litigation Realities" (with Theodore Eisenberg), 88 Cornell Law Review 119-54 (2002).

"Plaintiphobia in the Appellate Courts: Civil Rights Really Do Differ from Negotiable Instruments" (with Theodore Eisenberg), 2002 University of Illinois Law Review 947 (2002).

"Appeal from Jury or Judge Trial: Defendants' Advantage" (with Theodore Eisenberg), 3 American Law and Economics Review 125-64 (2001).

"Anti-Plaintiff Bias in the Federal Appellate Courts" (with Theodore Eisenberg), 84 Judicature 128-34 (2000).

"Jurisdictional Salvation and the Hague Treaty," 85 Cornell Law Review 89-133 (1999).

"Do Case Outcomes Really Reveal Anything About the Legal System? Win Rates and Removal Jurisdiction" (with Theodore Eisenberg), 83 Cornell Law Review 581-607 (1998).

"Simplifying the Choice of Forum: A Reply" (with Theodore Eisenberg), 75 Washington University Law Quarterly 1551-59 (1997).

"Courts in Cyberspace" (with Theodore Eisenberg), 46 Journal of Legal Education 94-100 (1996).

"Commentary: Xenophilia in American Courts" (with Theodore Eisenberg), 109 Harvard Law Review 1120-43 (1996).

"Trial By Jury or Judge: Which Is Speedier?" (with Theodore Eisenberg), 79 Judicature 176-80, 199 (1996).

"Exorcising the Evil of Forum Shopping" (with Theodore Eisenberg), 80 Cornell Law Review 1507-35 (1995).

"Trial by Jury or Judge: Transcending Empiricism" (with Theodore Eisenberg), 77 Cornell Law Review1124-77 (1992).

"Why Law Teachers Should Teach Undergraduates" (with Robert A. Hillman), 41 Journal of Legal Education 289-98 (1991).

"Procedure's Magical Number Three: Psychological Bases for Standards of Decision," 72 Cornell Law Review 1115-56 (1987).

"Surveying Work Product," 68 Cornell Law Review 755-79 (1983).

"Restating Territorial Jurisdiction and Venue for State and Federal Courts," 66 Cornell Law Review 411-61 (1981).

"Improving on the Contingent Fee" (with John Currivan), 63 Cornell Law Review 529-639 (1978).

"The Supreme Court: 1969 Term," 84 Harvard Law Review 30, 90-100 (1970).

"Developments in the Law: Federal Habeas Corpus," 83 Harvard Law Review 1038, 1208-38, 1263-74 (1970).

Reviewing Johan Lindholm, "State Procedure and Union Rights: A Comparison of the European Union and the United States," 57 American Journal Comparative Law 258 (2009).

"Judicial Statistical Inquiry Form," (1995- ).