Other Publications
Other Publications
I Was One of Justice Ginsburg's First Law Clerks. The Experience Shaped My Career and My Marriage, Time (Sept. 19, 2020).
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The President and Immigration Law Series: The Urgent Need to Shrink Immigration Detention, Just Security (Oct. 13, 2020)
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The DOJ’s COVID-19 Nursing Home Inquiry Is Nakedly Corrupt, Slate (Aug. 31, 2020) (with Sam Bagenstos)
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Commentary on Lomax v. Ortiz-Marquez, on SCOTUSblog: Opinion analysis: Strike out (June 8, 2020); Argument analysis: Does prejudice matter? (Feb. 27, 2020); Argument preview: Calling (PLRA) strikes (Feb. 19, 2020)
"Let's pause Iraqi deportations," The Hill (July 24, 2019)
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"What You Need to Know About the Crisis at the Border," Slate (June 24, 2019) (with Dahlia Lithwick)
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"Where are the Jews", Sh'ma Now (The Jewish Forward) (Sept. 28, 2018).
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"Restoring Objectivity to the Constitutional Law of Incarceration", ACS Issue Brief (Sept. 2018)
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Podcast: RBG, Beyond Notorious, CNN (Aug. 20, 2018) (A Higher Court: 1990s)
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"Clerking for Ginsburg: The Equality Lessons", Law360 (Aug. 1, 2018)
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"You've heard the calls to #AbolishICE. Here's what that could mean", Wash. Post Monkey Cage, with Seth Grossman (July 9, 2018)
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"Here's how you can help fight family separation at the border: Lawyers, translators, donations, protest, Slate", with Dahlia Lithwick (June 15, 2018)
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Teachout: Civil Rights in the Trump Era, University of Michigan (June 2018)
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"Could this be the end of plenary power?" SCOTUSBlog, July 14, 2017.
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"Why the Trump Administration is Treating Immigration Detainees Like Criminals" (Q&A), Mother Jones (June 8, 2018).
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"This is what's really happening to kids at the border", Wash. Post Monkey Cage, with Michelle Brane (May 30, 2018)
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"Illegal Immigration and the Book of Ruth", Tablet Magazine, May 26, 2017.
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"Obama should finish what he started and end NSEERS, The Hill", Dec. 6, 2016.
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"Equality Matters in the National Security Context, Too", ACSblog, Sept. 14, 2016
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"Where Scalia's Vote Was Decisive", Prospect.org, Feb. 15, 2016
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"Class-Action Suit Brings Sweeping Changes to Solitary Confinement in New York", Prospect.org, Dec. 23, 2015 (with Amy Fettig)
Link | Solitary Reform Milestones (with Amy Fettig)
"Eight Principles for Reforming Solitary Confinement," American Prospect, Fall 2015 (with Amy Fettig)
Link | Related: Solitary Reform Milestones
"With one decision, Obama and Lynch could reshape the criminal justice system," WashingtonPost.com, Aug. 3, 2015 (with Robert Ferguson & Judith Resnik)
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"A Civil Rights Vision for Countering Violent Extremism," The Hill (Congress Blog), July 14, 2015
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"The Declining Prisoner Litigation Docket," Alliance for Justice Blog, Feb. 25, 2015
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"U.S. Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans," JustSecurity.org, Feb. 13, 2015
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"When is it Ok to Racially Profile?" Politico Magazine,
Dec. 18, 2014
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"Intelligence Legalism and the Torture Report," JustSecurity.org, Dec. 17, 2014
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"Infiltrate the NSA," Democracy (Issue #35, Winter 2015); Dec. 15, 2014 and TheAtlantic.com, Dec. 30, 2014
Democracy Link | PDF | The Atlantic Link
"A Civil Rights Lawyer Explains Why Obama's Immigration Order Is an Even Bigger Deal Than It Seems," TheNewRepublic.com, Nov. 25, 2014
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"The Problem with Legalism in the Surveillance State," JustSecurity.org, Nov. 7, 2014
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"A Cult of Rules: The Origins of Legalism in the Surveillance State," JustSecurity.org, Nov. 5, 2014
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"Justice Alito Would Be Just Fine if Congress Undid Yesterday's Landmark Privacy Decision," TheNewRepublic.com, June 26, 2014
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"The Bigger No Fly List Problem," JustSecurity.org, June 25, 2014
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"Even Conservative Judges Can't Deny the Constitutional Logic of Same-Sex Marriage," The Daily Beast, May 18, 2014.
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"In the Story of Jonah, an Urgent Lesson About the Dangers of Solitary Confinement," Tablet Magazine, Sept. 11, 2013.
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ABA Criminal Justice Standards on the Treatment of Prisoners, Crim. Justice Mag., Summer 2010, at 14 (with Margaret Colgate Love & Carl Reynolds).
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"Prison Litigation Reform Act Update," in The State of Criminal Justice, 2007-2008 (American Bar Association, Criminal Justice Section, Apr. 2008).
Testimony before the National Prison Rape Elimination Commission, The Role of Courts and Litigation in Regulating Prison and Jail Prevention of Sexual Violence and Misconduct (Dec. 6, 2007).
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Testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, hearing on: "Review of the Prison Litigation Reform Act: A Decade of Reform or an Increase in Prison Abuses" (Nov. 8, 2007).
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"The Political Economy of Prison and Jail Litigation," Prison Legal News, June 2007, at 1.
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"Preserving the Rule of Law in America's Prisons: The Case for Amending the Prison Litigation Reform Act," An American Constitution Society Issue Brief, March 28, 2007, with Giovanna Shay
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Amicus Brief for the ACLU and other prisoners' advocacy organizations, Woodford v. Ngo, 05-416 (U.S. Supreme Court).
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"National Prison Commission Begins Work," Correctional Law Reporter, June/July 2005, at 1.
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"Inmate Litigation: Results of a National Survey," National Institute of Corrections Large Jail Network Exchange, July 2003, at 1.
Summary | PDF | Survey Instruments