CV and Selected Publications

CV


Articles

"D.C. Circuit’s Lockdown on Grand Jury Material May Hinder Congress and Historians," Lawfare, April 6, 2019

"Road Map to Impeachment Proceedings? What Watergate Can Teach Us About Unsealing the Mueller Report," Lawfare, April 3, 2019

"Trust and Disclosure in Special Prosecutor Investigations," Lawfare, Jan. 19, 2019

"Media Censures: The Hutchins Commission on the Press, the New York Intellectuals on Mass Culture," International Journal of Communication 12 (2018)

"What to Expect When You're Expecting a Mueller Report," Lawfare, Oct. 25, 2018

"Jaworski Road Map To Be Mostly Unsealed," Lawfare, Oct. 15, 2018 (with Jack Goldsmith and Benjamin Wittes)

"Archibald Cox's Secret Proposal," Lawfare, Oct. 8, 2018

"The Watergate Road Map and the Coming Mueller Report," Lawfare, Sept. 14, 2018 (with Jack Goldsmith and Benjamin Wittes)

"Is This the Best Philosophy Can Do? Henry R. Luce and A Free and Responsible Press," Journalism and Mass Communication Quarterly, fall 2018

"Mueller Could Subpoena Trump. But It's Not Worth the Chaos That Would Follow," Washington Post, July 15, 2018

"Brett Kavanaugh and the Starr Report: How Our Office Drafted the Impeachment Referral," Lawfare, July 13, 2018

"Reinhold Niebuhr's Trump Prophecy," Society, Jan-Feb. 2017

"What Reinhold Niebuhr Can Tell Us About Donald Trump," Lawfare, Oct. 14, 2016

"Bill Would Give Rich, Thin-Skinned Litigants in Public Eye a Bully Pulpit," Las Vegas Sun, May 26, 2015

"The Truth Will Out," Desert Companion, March 2015

"Regulating Gatekeepers of Information: The Associated Press as a Common Carrier," UB Journal of Media Law and Ethics, winter-spring 2012.

"Death in Vegas," Las Vegas City Life, Oct. 20, 2011.

"Disciplining the British Tabloids: Mosley v. News Group Newspapers," Journal of Media Law and Ethics, summer-fall 2010.

"What's Entertainment? Notes Toward a Definition" (with Anthony Ferri), Studies in Popular Culture, fall 2010

Review of The Death of American Virtue, by Ken Gormley, Spectator (London), February 24, 2010

"Bodies Impolitic? Reading Cadavers," International Journal of Communication, February 2010

"Garland v. Torre and the Birth of Reporter's Privilege," Communication Law and Policy, spring 2010

"Digital Debacle? Lessons from the History of Technical Standards," Minnesota Journal of Law, Science, and Technology, June 2009

"Why Americans Are Devout and Diverse But Not Divided," Christian Science Monitor, May 12, 2009

"Blessed Be the Newsmakers," Slate, February 11, 2009

Review of Nothing to Be Frightened Of, by Julian Barnes, JAMA, December 24/31, 2008

Review of Encyclopedia of American Journalism, edited by Stephen L. Vaughn, Wilson Quarterly, summer 2008

"Prenates, Postmorts, and Bell-Curve Dignity," Hastings Center Reports, July-August 2008

"The Day the TV Died," Wilson Quarterly, spring 2008

"The New Death: Baby Boomers Put Their Own Spin on Marking the End of Life," Wall Street Journal, October 19, 2007

"Justice Thomas on Compelled Speech," First Amendment Center, October 2007

Review of The Rake, by William F. Buckley, The Wall Street Journal, August 3, 2007

"Outsourcing Justice? That's Obscene," The Washington Post, July 15, 2007

"Getting to the Source: The Curious Evolution of Reporters' Privilege," Slate, December 26, 2003

"The Murdered Atheist, Her Rotten Husband, and the FBI: What a New Biography Gets Wrong About Madalyn Murray O'Hair," Slate, October 7, 2003

"John Updike Comes to Rockville," Wilson Quarterly, winter 2003

"The Jesus Market: Christianity May Be Struggling in the Public Square, But It's Prospering in the Public Bazaar," The Weekly Standard, December 16, 2002

"Bellybutton Campaigning: How Campaign Reform Is Ruining One of the Nation's Hottest House Races," Slate, October 11, 2002

"The Unfaithful," Washington Post Magazine, July 29, 2001

"Flipping His Liddy," Slate, February 5, 2001

"The Reporter's Privilege, Then and Now," Joan Shorenstein Center on Press, Politics, and Public Policy, April 2000

"The American Jury System," Robert R. McCormick Tribune Foundation, 2000

"Citizenship in Conflict," Robert R. McCormick Tribune Foundation, 1998

"The Death of Geography, the Rise of Anonymity, and the Internet," The American Enterprise, March-April 1996

"National Service: Getting Things Done?" Robert R. McCormick Tribune Foundation, 1996

"Realigning Journalism with Democracy: The Hutchins Commission, Its Time, and Ours," Annenberg Washington Program, 1995

"Who Is the Journalist's Client?" Media Ethics, fall 1995

"The Ancient History of the Internet" (with Edwin Diamond). American Heritage, October 1995

"And Then There Was Usenet," American Heritage, October 1995

"Vote for the Victims," Wall Street Journal, November 4, 1994

"United States v. Superman," National Review, February 11, 1991

If No News, Send Rumors: Anecdotes of American Journalism (St. Martin's Press, 1989; Henry Holt paperback, 1991)

"Political Ads: Journalists as Jurors," The American Enterprise, July-August 1990

"The Nashua Debate," Proceedings 1981-1982, Institute of Politics, Harvard University

Affiliations

Editor, International Journal of Not-for-Profit Law

Advisory Editor, Society

Board Member, Black Mountain Institute

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