"Free Exercise of Religion Before the Bench: Empirical Evidence from the Federal Courts," (with Gregory C. Sisk) Cornell Legal Studies Research Paper, No. 12-21 (2012).
"Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts", Cornell Legal Studies Research Paper
"Religion, Schools, and Judicial Decision Making: An Empirical Perspective", Cornell Legal Studies Research Paper
No. 11-28 (2011).
Contributions to Books
|"Adequacy Litigation in an Era of Accountability," in School Money Trials: The Pursuit of Educational Adequacy (Wash. D.C.: Brookings Institution Press, Martin West & Paul Peterson, eds. 2007); Also titled "Educational Adequacy as Legal Theory: Implications from Equal Educational Opportunity Doctrine" in SSRN database|
|"The Story of San Antonio Independent School Dist. v. Rodriguez: School Finance, Local Control, and Constitutional Limits," in Education Law Stories. (New York : Foundation Press, Michael A. Olivas and Ronna Greff Schneider, eds. 2007).|
|"Donít Train Your Employees and Cancel Your 1-800 Harassment Hotline: An Empirical Examination and Correction of the Flaws in the Affirmative Defense to Sexual Harassment Charges" (with David Sherwyn and Zev J. Eigen), in NYU Selected Essays on Labor and Employment Law, Vol.2 (The Hague, Netherlands: Kluwer Law International, David Sherywn and Michael J.Yelnosky, eds. 2003).|
|"School Finance Reform: Introducing the Choice Factor" (with Thomas Nechyba), in City Schools: Lessons From New York (Baltimore, MD: Johns Hopkins University Press, Diane Ravitch and Joseph Viteritte, eds. 2000).|
|"School Choice In Indianapolis" (with Kenneth D. Colburn, Jr. and Joseph F. Lamberti), in Private Vouchers(Stanford, CA: Hoover Institution Press, Terry M. Moe, ed. 1995).|
|"New School Choice Plans," in Radical Education Reforms (Berkeley, CA: McCutchan Press, Chester E. Finn, Jr. and Herbert J. Walberg, eds. 1994).|
Beast of Burden of Proof: Experimental Evidence on how the Burden of Proof Influences Employment Discrimination Case Outcomes" (with David Sherwyn), 42 Arizona State Law Journal
"The Decision to Award Punitive Damages: An Empirical Study" (with Theodore Eisenberg, Nicole L. Walters and Martin T. Wells), 2 Journal of Legal Analysis
577 ( 2010).
"Why ADR Programs Arenít More Appealing: An Empirical Perspective," 7 Journal of Empirical Legal Studies 64 (2010).
"Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Courtís Decision in Exxon Shipping Co. v. Baker
," (with Theodore Eisenberg, and Martin T. Wells) 166 Journal of Institutional & Theoretical Economics
Comment: "Comparing Comparisons: Comparative Law and Finance," 166 Journal of Insititutional and Theoretical Economics 141 (2010).
"Federal Criminal Appeals: An Empirical Perspective," 93 Marquette Law Review
"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Theodore Eisenberg), 38 Journal of Legal Studies
"Courting Trouble: Litigation, High-Stakes Testing, and Education Policy," 42 Indiana Law Review
"Judicial Decision-Making, Social Science Evidence, and Equal Educational Opportunity: Uneasy Relations and Uncertain Futures," 31 Seattle University Law Review
"Litigated Learning, Lawís Limits, and Urban School Reform Challenges," 85 North Carolina Law Review
"The 2006 Winthrop and Frances Lane Lecture: The Unintended Legal and Policy Consequences of the No Child Left Behind Act," 86 Nebraska Law Review
"Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data" (with Theodore Eisenberg, Paula L. Hannaford-Agor, Neil LaFountain, G. Thomas Munsterman, Brian Ostrom, and Martin T. Wells), 3 Journal of Empirical Legal Studies
"The Political Economy of Education Federalism," 56 Emory Law Journal
"Assessing the Case for Employment Arbitration: A New Path for Empirical Research (with David Sherwyn and Samuel Estreicher), 57 Stanford Law Review
"Brown v. Board of Education
, Footnote 11, and Multidisciplinarity," 90 Cornell Law Review
"Judges and Ideology: Public and Academic Debates About Statistical Measures (with Gregory C. Sisk), 99 Northwestern University Law Review
"Signaling and Precedent in Federal District Court Opinions" (with Andrew P. Morriss and Gregory C. Sisk), 13 Supreme Court Economic Review
"No Lawsuit Left Behind: Chief Justice Roberts, the Schoolmaster?," 6:1 Education Next 30 (Winter 2006).
"Criminal Case Complexity: An Empirical Perspective," 1 Journal of Empirical Legal Studies
"Litigated Learning and the Limits of Law," 57 Vanderbilt Law Review
"Are Single-Sex Schools Inherently Unequal?," 31 Cornell Law Forum, 6-11 (Fall/Winter 2004).
"Searching for the Soul of Judicial Decisionmaking: An Empirical Study of Religious Freedom Decisions (with Gregory C. Sisk and Andrew P. Morriss), 65 Ohio State Law Journal
"Mercy By The Numbers: An Empirical Analysis of Clemency and Its Structure," 89 Virginia Law Review
"The Political Economy of School Choice" (with James E. Ryan), 111 Yale Law Journal
"Educational Jujitsu," 2:3 Education Next 30 (Fall 2002).
"Equal Educational Opportunity By the Numbers: The Warren Courtís Empirical Legacy," 59 Washington and Lee Law Review
"Above the Rules: A Response to Epstein and King" (with Frank Cross and Gregory C. Sisk), 69 University of Chicago Law Review
"The Courts, Educational Policy, and Unintended Consequences," 11 Cornell Journal of Law & Public Policy
"The Past, Present, and Future of Empirical and Experimental Legal Scholarship: Judicial Decisionmaking as a Case Study," 2002 University of Illinois Law Review
"Quiet Rebellion II: An Empirical Analysis of Declining Federal Drug Sentences" (with Frank O. Bowman, III), 87 Iowa Law Review
"Quiet Rebellion?: Explaining Nearly a Decade of Declining Federal Drug Sentences," 86 Iowa Law Review
"Donít Train Your Employees and Cancel Your 1-800 Harassment Hotline: An Empirical Examination and Correction of the Flaws in the Affirmative Defense to Sexual Harassment Charges" (with David Sherwyn and Zev J. Eigen), 69 Fordham Law Review
"The Future of Civil Justice Reform and Empirical Legal Scholarship: A Reply," 51 Case Western Reserve University Law Review
"Preliminary Thoughts on the Virtues of Passive Dialogue," 34 Akron Law Review
"Justice Delayed?: An Empirical Analysis of Civil Case Disposition Time," 50 Case Western Reserve University Law Review
"Closing One Gap But Opening Another?: A Response to Dean Perritt and Comments on the Internet, Law Schools, and Legal Education," 33 Indiana Law Review
"The Importance of Being Empirical," 26 Pepperdine Law Review
"Equal Educational Opportunity and Constitutional Theory: Preliminary Thoughts on the Role of School Choice and the Autonomy Principle," 14 Journal of Law & Politics
"Charting the Influences on the Judicial Mind: An Empirical Study of Judicial Reasoning" (with Gregory C. Sisk and Andrew P. Morriss), 73 New York University Law Review
"Equal Educational Opportunity, Hollow Victories, and the Demise of School Finance Equity Theory: An Empirical Perspective," 32 Georgia Law Review
"Schoolhouses, Courthouses, and Statehouses: Constitutional Structure, Education Finance, and the Separation of Powers Doctrine," 33 Land and Water Law Review
"School Choice, Educational Policy, and Legal Theory: Uncomfortable Yet Inevitable Intersections," 1 University of Chicago Policy Review 79 (1997).
"Assessing the Efficacy of School Desegregation," 46 Syracuse Law Review
"State Constitutional Litigation, Educational Finance, and Legal Impact: An Empirical Analysis," 63 University of Cincinnati Law Review
"State Constitutions, School Finance Litigation, and the "Third Wave": From Equity to Adequacy," 68 Temple Law Review
"The Courts vs. Educational Standards," 120 The Public Interest 55 (1995).
"The Effect of Constitutional Litigation on Education Finance: More Preliminary Analyses and Modeling," 21 Journal of Education Finance 195 (1995).
"Goals 2000: Educate America Act: The Federalization and Legalization of Educational Policy," 63 Fordham Law Review
An Empirical and Constitutional Analysis of Racial Ceilings and Public Schools," 24 Seton Hall Law Review
"Public Funds, Private Schools, and the Court: Legal Issues and Policy Consequences," 25 Texas Tech Law Review
"Are Single-Sex Schools Inherently Unequal?" 102 Michigan Law Review
1219-44 (2004).(Review of Rosemary C. Salomone, Same, Different, Equal: Rethinking Single-Sex Schooling
"Choosing Equal Educational Opportunity: School Reform, Law, and Public Policy," 68 University of Chicago Law Review
1113 (2001)(Review of Jay P. Heubert, ed., Law and School Reform: Six Strategies for Promoting Educational Equity
; and Stephen D. Sugarman and Frank R. Kemerer, eds., School Choice and Social Controversy: Politics, Policy, and Law
"Equal Educational Opportunity for the New Millennium: New Remedies for Old Problems," In Brief (No. 74), Case Western Reserve University School of Law (2000).
"School Finance Reform and the Role of Vouchers," Inquiry, Northwestern University School of Education and Social Policy (2000).
"School Finance Reform: A Case for Vouchers, Civic Report No. 9" (with Thomas Nechyba), The Manhattan Institute for Policy Research (October 1999).
"The Constitutional Adequacy of Indiana Education: A Preliminary Analysis," Policy Report, Indiana University School of Public and Environmental Affairs (April 1997).
"Trends in School Finance Litigation: Promises and Pitfalls," Policy Report, Indiana University School of Public and Environmental Affairs (April 1995).