REFEREED PUBLICATIONS
The Economic, Political, Strategic, and Rhetorical Uses of Simple Constructive Dilemma in Legal Argument
Argumentation, Volume 20, issue 1 (February 2006), p. 1 - 14.
Goodhart's Concession: Defending Ratio Decidendi from Logical Positivism, Behavioralism, and Legal Realism in the First Half of the Twentieth Century
King's Law Journal, Volume 16, Number 2, (2005) , pp. 311-328
Produced with the permission of Hart Publishing, Ltd. If you would like to download Adobe Reader to read the article, you can click on the Adobe logo at the bottom of this page.
The Conclusion of Austin's 'A Note on Interpretation': Is it Missing or Misplaced?
Journal of Legal History (JLH), Volume 19 (1998), p. 270
NON-REFEREED PUBLICATIONS
Tackling California's Vacuous Reasonable Doubt Jury Instruction
California Defender, (Spring 2009)
The distinction between judicial dicta and obiter dicta.
Los Angeles Lawyer, 25, (October 2002), pp. 17 - 21
Attacking the Weight of the Prosecution's Scientific Evidence
With Edward J. Imwinkelried,
National Association of Criminal Defense Lawyers The Champion, Volume XVII, No. 3 (April 1992)
The Recognition of an Accused's Constitutional Right to Introduce Expert Testimony Attacking the Weight of Prosecution Science Evidence: The Antidote for the Supreme Court's Mistaken Assumption in California v. Trombetta
With Edward J. Imwinkelried,
33 Arizona Law Review 59 (1991)
The Moral Turpitude Issue in Crimes with Disjunctive Elements
California Defender 53, Vol. 4, No. 1 (1990)
Resisted Searches and Seizures: A Continuing Role for California's Independent State Grounds Doctrine After Proposition Eight
California Defender 19, Vol. 1, No. 4
Combatting 'Ziskinesque' Attacks on Psychiatric Testimony
California Defender 27, Vol. 1, No. 1 (Spring 1985)
A Couple of Suggestions for Coping with Ziskin
California Attorneys for Criminal Justice Forum 41, Vol. 12, No. 1 (Jan./Feb. 1985)
Rage Theory as a Defense to Implied Malice Before and After S.B. 54
The California Defender 13, Vol. 12, No. 5 (Winter 1983)
California Criminal Justice Through the Looking Glass
With Daniel J. Russo
California Attorneys for Criminal Justice Forum 30, Vol. 10, No. 2 (Mar./Apr. 1983)
Citation of California Case Law in Common Law Jurisdictions
West's California Reporter Advance Sheet 25 (May 22, 1981)
Toward a New Theory of Prostitution Defense
California Attorneys for Criminal Justice Forum 14, Vol. 6, No. 4 (Jul./Aug. 1979)