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Professor of Law
Appellate Advocacy and Procedure
Conflict of Laws
The Validity of Restraints on Alienation in an Oil and Gas Lease, co-authored with Professor Rory Ryan (2015 forthcoming).
Aggregate Alienability, co-authored with Professor Rory Ryan, 60 VILLANOVA LAW REVIEW (2015 forthcoming).
Probability, Confidence, and Twombly’s Plausibility Standard, 68 SMU LAW REVIEW (2015 forthcoming).
Probability, Confidence, and the “Reasonable Jury Standard,” 84 MISSISSIPPI LAW JOURNAL 1 (2015).
A Contextual Approach to Claim of Right in Adverse Possession: On Van Valkenburgh v. Lutz, Bad Faith, and Mistaken Boundaries, 18 LEWIS AND CLARK LAW REVIEW 47 (2015).
Probability, Confidence, and the Constitutionality of the Summary Judgment, 42 HASTINGS CONSTITUTIONAL LAW QUARTERLY 1 (2014).
Probability, Confidence, and Matsushita: The Misunderstood Summary Judgment Revolution, 23 BROOKLYN J. OF LAW & POLICY 69 (2014).
Probability, Confidence, and Matsushita: The Misunderstood Summary Judgement Revolution", January 2013, was recently listed on SSRN's Top Ten download list for: LSN: Procedure (Courts)(Topic) and Law & Society: Civil Procedure eJournal.
Probability, Confidence, and the "Reasonable Jury" Standard, November 2012, was recently listed on SSRN's Top Ten download list for: LSN: Judicial Decisionmaking (Topic), Law & Society: Courts eJournal and U.S. Constitutional Law: Rights & Liberties eJournal.
Why Twombly is Good Law (But Poorly Drafted) and Iqbal Will Be Overturned
, 87 INDIANA LAW J. (2012)
Using Tort Law to Understand the Causation Prong of Standing, FORDHAM L. REV. Vol. 80, No. 101 (2011)
Interlocutory Review of Orders Denying Remand Motions, 63 BAYLOR L. REV 3 (2011)
Facial Challenges and Separation of Powers
, 85 INDIANA LAW J. 1557 (2010)
Using Agency Law to Determine the Boundaries of the Free Speech and Establishment Clauses, 40 INDIANA L. REV. 519 (2007)
Rluipa and Congressional Intent, 70 ALBANY L. REV. NO. 1436 (2007)
Constitutional Structure, Individual Rights, and the Pledge of Allegiance,5 FIRST AMENDMENT L. REV. NO. 164 (2006)
A Broad Attack on Overbreadth
, 40 VALPARAISO UNIVERSITY L. REV. 113 (2005)
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