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Professor of Law
Working Papers
"Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal," Cornell Legal Studies Research Paper No. 14-2 (2014).
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).
"Free Exercise of Religion Before the Bench: Empirical Evidence from the Federal Courts," (with Gregory C. Sisk) 88 Notre Dame Law Review 1371 (2013).
"Law and Policy Entrepreneurs: Empirical Evidence on School Choice," 87 Notre Dame Law Review 1917 (2012).
"Ideology All The Way Down?: An Empirical Study of Establishment Clause Decisions in the Federal Courts," (with Gregory C. Sisk) 110 Michigan Law Review 1201 (2012).
"Religion, Schools, and Judicial Decision Making: An Empirical Perspective", (with Gregory C. Sisk)  79 University of Chicago Law Review 185 (2012).
"Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts", (with Gregory C. Sisk) 98 Iowa Law Review 231 (2012). 
"The Gross 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 901-947 (2010).
"Splitting Logs: An Empirical Perspective on Employment Discrimination Settlements," (with Stewart Schwab) 96 Cornell Law Review 931 (2011).
"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).
"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 5 (2010).
"Federal Criminal Appeals: An Empirical Perspective," 93 Marquette Law Review 825 (2009).
"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Theodore Eisenberg), 38 Journal of Legal Studies 121 (2009).
"Courting Trouble: Litigation, High-Stakes Testing, and Education Policy," 42 Indiana Law Review 327 (2009).
"Judicial Decision-Making, Social Science Evidence, and Equal Educational Opportunity: Uneasy Relations and Uncertain Futures," 31 Seattle University Law Review 863 (2008).
"Litigated Learning, Lawís Limits, and Urban School Reform Challenges," 85 North Carolina Law Review 1419 (2007).
"The 2006 Winthrop and Frances Lane Lecture: The Unintended Legal and Policy Consequences of the No Child Left Behind Act," 86 Nebraska Law Review 119-141 (2007).
"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 263-95 (2006).
"The Political Economy of Education Federalism," 56 Emory Law Journal 125-57 (2006).
"Assessing the Case for Employment Arbitration:  A New Path for Empirical Research (with David Sherwyn and Samuel Estreicher), 57 Stanford Law Review 1557-91 (2005).
"Brown v. Board of Education, Footnote 11, and Multidisciplinarity," 90 Cornell Law Review 279-320 (2005).
"Judges and Ideology:  Public and Academic Debates About Statistical Measures (with Gregory C. Sisk), 99 Northwestern University Law Review 743-803 (2005).
"Signaling and Precedent in Federal District Court Opinions" (with Andrew P. Morriss and Gregory C. Sisk), 13 Supreme Court Economic Review 63 (2005).
"Criminal Case Complexity: An Empirical Perspective," 1 Journal of Empirical Legal Studies 331-69 (2004).
"Litigated Learning and the Limits of Law," 57 Vanderbilt Law Review 2417-61 (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 491-614 (2004).
"Mercy By The Numbers: An Empirical Analysis of Clemency and Its Structure," 89 Virginia Law Review 239 (2003).
"The Political Economy of School Choice" (with James E. Ryan), 111 Yale Law Journal 2043 (2002).
"Equal Educational Opportunity By the Numbers: The Warren Courtís Empirical Legacy," 59 Washington and Lee Law Review 1309 (2002).
"Above the Rules: A Response to Epstein and King" (with Frank Cross and Gregory C. Sisk), 69 University of Chicago Law Review 135 (2002).
"The Courts, Educational Policy, and Unintended Consequences," 11 Cornell Journal of Law & Public Policy 633 (2002).
"The Past, Present, and Future of Empirical and Experimental Legal Scholarship: Judicial Decisionmaking as a Case Study," 2002 University of Illinois Law Review 819 (2002).
"Quiet Rebellion II: An Empirical Analysis of Declining Federal Drug Sentences" (with Frank O. Bowman, III), 87 Iowa Law Review 477 (2002).
"Quiet Rebellion?: Explaining Nearly a Decade of Declining Federal Drug Sentences," 86 Iowa Law Review 1043 (2001).
"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 1265 (2001).
"The Future of Civil Justice Reform and Empirical Legal Scholarship: A Reply," 51 Case Western Reserve University Law Review 251 (2000).
"Preliminary Thoughts on the Virtues of Passive Dialogue," 34 Akron Law Review 73 (2000).
"Justice Delayed?: An Empirical Analysis of Civil Case Disposition Time," 50 Case Western Reserve University Law Review 813 (2000).
"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 275 (1999).
"The Importance of Being Empirical," 26 Pepperdine Law Review 807 (1999).
"Equal Educational Opportunity and Constitutional Theory: Preliminary Thoughts on the Role of School Choice and the Autonomy Principle," 14 Journal of Law & Politics 411 (1998).
"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 1377 (1998).
"Equal Educational Opportunity, Hollow Victories, and the Demise of School Finance Equity Theory: An Empirical Perspective," 32 Georgia Law Review 543 (1998).
"Schoolhouses, Courthouses, and Statehouses: Constitutional Structure, Education Finance, and the Separation of Powers Doctrine," 33 Land and Water Law Review 281 (1998).
"Assessing the Efficacy of School Desegregation," 46 Syracuse Law Review 1093 (1996).
"State Constitutional Litigation, Educational Finance, and Legal Impact: An Empirical Analysis," 63 University of Cincinnati Law Review 1735 (1995).
"State Constitutions, School Finance Litigation, and the "Third Wave": From Equity to Adequacy," 68 Temple Law Review 1151 (1995).
"Goals 2000: Educate America Act: The Federalization and Legalization of Educational Policy," 63 Fordham Law Review 345 (1994).
An Empirical and Constitutional Analysis of Racial Ceilings and Public Schools," 24 Seton Hall Law Review 921 (1993).
"Public Funds, Private Schools, and the Court: Legal Issues and Policy Consequences," 25 Texas Tech Law Review 137 (1993).
Book Reviews
"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).