The Rise and Fall of the Federalist Constitution, with Saul Cornell, Cambridge University Press (forthcoming).
"Fletcher v. Peck and Constitutional Development in the Early United States," 47 U. C. Davis Law Review 1843 (2014).
"Jefferson's Constitutions," in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham 369, D. J. Galligan, ed., Oxford University Press (2014).
"Punishment Without Conviction: Controlling the Use of Unconvicted Conduct in Federal Sentencing," with Christine Dieter, 17 Berkeley Journal of Criminal Law 260 (2012).
New Essays on American Constitutional History, American Historical Association, Series Editor with Keith Whittington (2009-14). [seven pamphlets]
"Some Reasons Why Criminal Harms Matter," in Criminal Law Conversations 153, Robinson, Ferzan, & Garvey, eds., Oxford University Press (2009).
"The Consolidation of the Early Federal System, 1791-1812," with Saul Cornell, in 1 The Cambridge History of Law in America 518, C. Tomlins & M. Grossberg, eds., Cambridge University Press (2008).
"Civilizing Darwin: Holmes on Criminal Law," in Modern Histories of Crime and Punishment 198, M. Dubber & L. Farmer, eds., Stanford University Press (2007).
"Towards a Legal History of American Criminal Theory: Culture and Doctrine from Blackstone to the Model Penal Code," 6 Buffalo Criminal Law Review 691 (2003).
The Invention of Party Politics: Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois, University of North Carolina Press (2002).
"Federal Law and Athletic Eligibility for Students with Disabilities," 27 School Law Bulletin 1 (1996).
"The Ironies of Partyism and Antipartyism: Origins of Partisan Political Culture in Jacksonian Illinois," 87 Illinois Historical Journal 21 (Spring 1994).
Partisan Political Theory and the Unwritten Constitution: The Origins of Democracy in Illinois, 1818-1840, University of Michigan (1992). [Ph.D. dissertation]