The New Criminal Justice Thinking (edited by Sharon Dolovich & Alexandra Natapoff). NYU Press (2017).

Evading the Eighth Amendment: Prison Conditions and the Courts, in The Eighth Amendment and Its Future in a New Age of Punishment (edited by Meghan J. Ryan & William W. Berry III, Cambridge University Press, 2020). Full Text

Mass Incarceration, Meet COVID-19, University of Chicago Law Review Online (2020). SSRN | Full Text

Prison Conditions, in Vol. 4 Reforming Criminal Justice: Punishment, Incarceration, and Release 261 (edited by Erik Luna, Arizona State University, Sandra Day O'Connor College of Law, 2017). Full Text

Canons of Evasion in Criminal Constitutional Law, in The New Criminal Justice Thinking (edited by Sharon Dolovich & Alexandra Natapoff, NYU Press, 2017).

Introduction: Mapping the New Criminal Justice Thinking (with Alexandra Natapoff), in The New Criminal Justice Thinking (edited by Sharon Dolovich & Alexandra Natapoff, NYU Press, 2017).

Two Models of the Prison: Accidental Humanity and Hypermasculinity in the L.A. County Jail, 102 Journal of Criminal Law & Criminology 965 (2012). Full Text

Teaching Prison Law, 62 Journal of Legal Education 218 (2012). Full Text

Creating the Permanent Prisoner, in Life Without Parole: America's New Death Penalty? (edited by Charles Ogletree and Austin Sarat, NYU Press, 2012). Full Text

Forms of Deference in Prison Law, 24 Federal Sentencing Reporter 245 (2012). Full Text

Exclusion and Control in the Carceral State, 16 Berkeley Journal of Criminal Law 259 (2011). Full Text

Strategic Segregation in the Modern Prison, 48 American Criminal Law Review 1 (2011). SSRN | EScholarship

Incarceration American-Style, 3 Harvard Law And Policy Review 237 (2009). Full Text

Cruelty, Prison Conditions and the Eighth Amendment, 84 New York University Law Review 881 (2009). Full Text

How Privatization Thinks: The Case of Prisons, in Government by Contract: Outsourcing and American Democracy 128 (edited by Jody Freeman and Martha Minow, Harvard University Press, 2009). Full Text

State Punishment and Private Prisons, 55 Duke Law Journal 439-548 (2005). Full Text

Legitimate Punishment in Liberal Democracy, 7 Buffalo Criminal Law Review 307 (2004). Full Text

Idealism, Disproportionality, and Democracy: A Reply to Chambers and Garvey, 7 Buffalo Criminal Law Review 479 (2004). Full Text

Ethical Lawyering and the Possibility of Integrity, 70 Fordham Law Review 1629 (2002). Full Text

Note: Making Docile Lawyers: An Essay on the Pacification of Law Students, 111 Harvard Law Review 2027 (1998). Full Text

Book Review, Leaving the Law Behind, 20 Harvard Women’s Law Journal 313-31 (1997). Reviewing The Rooster’s Egg: On the Persistence of Prejudice, by Patricia Williams. Full Text

Case Comment: Qualified Immunity – Privatized Governmental Functions: Richardson v. McKnight, 117 S. Ct.2100, 111 Harvard Law Review 390 (1997). Full Text

Recent Legislation: Welfare Reform – Punishment of Drug Offenders – Congress Denies Cash Assistance and Food Stamps to Drug Felons: Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law No. 104-193 § 115 (to be codified at 42 U.S.C. §862A), 110 Harvard Law Review 983 (1997). Full Text

Constitution 2020: Prison Conditions and the Eighth Amendment, (September 29, 2010). Blog post on Balkinization, leading blog on constitutional law.

Book Review, Balancing the Scales of Justice, Los Angeles Times Book Review (October 12, 2003). Reviewing Ultimate Punishment: A Lawyer’s Reflections on Dealing with the Death Penalty, by Scott Turow.

Even the Worst Thug is Human, Your Honor, Los Angeles Times (July 7, 2002).

In Memoriam: David Charny, 17 Harvard Blackletter Law Journal 7-11 (2001).

Invasion of SWAT Teams Leaves Trauma and Death, Los Angeles Times (September 22, 2000).

Saying No to the War on Drugs, Harvard Law Record (April 19, 1996).

Beyond Liberal v. Conservative, Harvard Law Record (March 1, 1996).

Looking Back, Thinking Ahead, Globe & Mail (June 10, 1995). Dispatch from Hong Kong.

Where Ghosts Walk the Streets, Globe & Mail (May 16, 1992). Dispatch from Czechoslovakia.

Learning a Bitter Lesson, Globe & Mail (Sep. 21, 1991). Dispatch from the West Bank.