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James and Mark Flanagan Professor of Law
Working Papers
"Implementing (Or Nullifying) Atkins: The Impact of State Procedural Choices on Outcome in Capital Cases Where Intellectual Disability is at Issue," (with Jojn Blume and Christopher Seeds) Cornell Legal Research Studies (2010) (forthcoming Fall 2013).
"Gideon Exceptionalism?" (with Johm Blume) 122 Yale Law Journal 2126 (2013).
"The Delaware Death Penalty: An Empirical Study," (With John H. Blume, Theodore Eisenberg, Valerie Hans, and Martin T. Wells) 97 Iowa Law Review1925)  Cornell Legal Studies Research Paper, No. 12-24 (2012). 
"The Folly - and Faith - of Furman," 13 Journal of Applellate Practice and Process 32 (with John Blume) (2012). 
"Unholy Parallels: McClesky v. Kemp and Plessy v. Ferguson," 10 Ohio State Journal of Criminal Law 37 (with John Blume) (2012).
"In Defense of Non-capital Habeas: A Response to Hoffman and King," (with John Blume and  Keir Weyle) 96 Cornell Law Review 435 (2011).
"Racial Epithets in the Criminal Process," 2011 Michigan State Law Review 755 (with John Blume and Patrick Wilson) (2011).
"Convicting Lenny: Mental Retardation: Wrongful Convictions and the Right to a Fair Trial," 56 New York Law School Law Review 943 (with John Blume and Susan Miller) (2011).
"When Lightning Strikes Back: South Carolina's Return to the Unconstitutional, Standardless Capital Sentencing Regime of the Pre-Furman Era" (with John H. Blume, Emily Paavola, and Keir Weyble), 4 Charleston Law Review 479-535 (2010).
"An Empirical Look at Atkins v. Virginia and its Application in Capital Cases" (with John H. Blume and Christopher Seeds) 76 Tennessee Law Review 627-639 (2009).
Back to a Future: Reversing Keith Simpson's Death Sentence and Making Peace with the Victim's Family Through Post-Conviction Investigation. (with John H. Blume) 77 UMKC Law Review 963-988 (2009).
"Of Atkins and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases," (with John H. Blume and Christopher Seeds) 18 Cornell Journal of Law and Public Policy 689-733 (2009).
"Does Unconscious Racial Bias Affect Trial Judges?" (with Jeffrey J. Rachlinski, et al.), 84 Notre Dame Law Review 1195 (2009).
"Competent Capital Representation: the Necessity of Knowing What Jurors Tell Us About Mitigation" (with John H. Blume and Scott Sundby) 36 Hofstra Law Review 1035 (2008)
"Every Juror Wants a Story, Story: Narrative Relevance, Third Party Guild and the Right to Present a Defense" (with John Blume and Emily C. Paavola), 44 (3) American Criminal Law Review 1069 (2007).
"Race and Recalcitrance: The Miller-El Remands," 5 Ohio State Journal of Criminal Law 131-159 (2007).
"Looking Deathworthy: Perceived Stereotypicality of Black Defendants Predicts Capital Sentencing Outcomes" (with Jennifer Eberhardt, Paul Davies, and Valerie Purdie-Vaughns), Psychological Science 17 (5), 383–386 (2006).
"Wishing Petitioners to Death:  Factual Misrepresentations in Fourth Circuit Capital Cases," 91 Cornell Law Review 1105-57 (2006).
"Education and Interrogation:  Comparing Brown and Miranda" (with John H. Blume and Ross Feldmann), 90 Cornell Law Review 321-45 (2005).
"Implicit Racial Attitudes of Death Penalty Lawyers" (with Theodore Eisenberg), 53 DePaul Law Review 1539-56 (2004).
"Killing the Non-Willing: Atkins, the Volitionally Incapacitated, and the Death Penalty" (with John H. Blume), 55 South Carolina Law Review 93 (2003).
"Speeding in Reverse: An Anecdotal View of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions," 88 Cornell Law Review 555-68 (2003).
"Amicus Brief in People v. Harris, 2002 WL 1461372 (NY, June 9, 2002)" (with 18 other law school professors), 27 New York University Review of Law and Social Change 399 (2001/2002).
"A Last Word on Recent Development: Correction of Errors in the Assessment of Homestead Property after Smith v. Welton," 30 Stetson Law Review 1035-44 (2001).
"Future Dangerousness in Capital Cases: Always 'At Issue'" (with John H. Blume and Stephen P. Garvey), 86 Cornell Law Review 397-410 (2001).
"Probing ‘Life Qualification' through Expanded Voir Dire" (with John H. Blume and A. Brian Threlkeld), 29 Hofstra Law Review 1209-64 (2001).
"Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases" (with Stephen P. Garvey and Paul Marcus), 85 Cornell Law Review 6-55 (2000).
"Don't Take His Eye, Don't Take His Tooth, and Don't Cast the First Stone: Limiting Religious Arguments in Capital Cases" (with John H. Blume), 9 William & Mary Bill of Rights Journal 61-104 (2000).
"The Fourth Circuit's "Double-edged Sword": Eviscerating the Right to Present Mitigating Evidence and Beheading the Right to the Assistance of Counsel" (with John H. Blume), 58 Maryland Law Review 1480-509 (1999).
"Post-McCleskey Racial Discrimination Claims in Capital Cases" (with John H.Blume and Theodore Eisenberg), 83 Cornell Law Review 1771-810 (1998).
"Batson Ethics for Prosecutors and Trial Court Judges," 73 Chicago-Kent Law Review 475-507 (1998).
"The Color of Truth: Race and the Assessment of Credibility," 1 Michigan Journal of Race and Law 261-346 (1996).
"Specific Arguments About Race: A Response to Professor Sunstein," 31 Wake Forest Law Review 411 (1996).
"Of  Myths and Mapp: A Response to Professor Magee," 23 Capital University Law Review 221-28 (1994).
"A Response to Professor Choper: Laying Down Another Ladder," 79 Cornell Law Review 522-26 (1994).
"The Language and Culture (Not to Say Race) of Peremptory Challenges," 35 William and Mary Law Review 21-92 (1993).
"Racial Imagery in Criminal Cases," 67 Tulane Law Review 1739-805 (1993).
"Confessions, Criminals and Community," 26 Harvard Civil Rights-Civil Liberties Law Review 3-411 (1991).
"The Effects of Intent: Do We Know How Legal Standards Work?" (with Theodore Eisenberg), 76 Cornell Law Review 1151-97 (1991).
"The Next Century: The Challenge" (with Barber B. Conable, Tyrone Brown, Roger C. Cramton), 73 Cornell Law Review 10-84 (1988).
"Unconscious Racism and the Criminal Law," 73 Cornell Law Review 1016-37 (1988).
"Black Innocence and the White Jury," 83 Michigan Law Review 1611-1708 (1985).
"Cross-Racial Identification Errors in Criminal Cases," 69 Cornell Law Review 934-87 (1984).
"Race and the Decision to Detain a Suspect," 93 Yale Law Journal 214-58 (1983).
Book Reviews
"Respectability, Race Neutrality, and Truth," 107 Yale Law Journal 2619-59 (1998) (Review of Randall Kennedy, Race, Crime, and the Law).
"The Politics of Predicting Criminal Violence," 86 Michigan Law Review1322-30 (1988) (Review of Fernand N. Dutile and Cleon H. Foust, eds., The Prediction of Criminal Violence).