Publications
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The Washington Post (Perspective / Analysis)
“John Eastman should have known his lawsuit was doomed,” March 29, 2022.
“Jan. 6 defendants are raising a creative defense. It isn’t working,” February 15, 2022.
“The First Amendment may not help Jan. 6 defendants as much as they think it will: Merrick Garland’s speech last week was a warning that prosecutors will parry free-speech arguments,” January 10, 2022.
“Trump can’t hide behind executive privilege anymore. But he’s still trying. The former president’s latest court filing is full of bogus legal claims, October 19, 2021.
“The Eastman memo was alarming. Legally speaking, it was also nonsense. The wild scenarios a Trump attorney dreamed up would never have worked out,” September 23, 2021.
“Prosecutors aren’t targeting Trump’s company. They’re following the law,” July 1, 2021. (Coauthored with Mark Reichel)
“Republican rhetoric is getting more extreme because that’s what the base demands,” April 29, 2021.
“Trump’s Impeachment Argument: A Defeated President Can Do Whatever he Wants,” February 9, 2021.
“Trump Said I Could: One Possible Legal Defense for Accused Rioters: If Public Authorities give permission to break the law, defendants can often win acquittals,” January 11, 2021. (Coauthored with Mark Reichel)
“Lifetime Tenure Meant Even Trump’s Supreme Court Picks Could Resist His Pressure: Republicans everywhere had folded to Trump’s fantasies. It took an independent judiciary to shut him down,” December 11, 2020.
“Trump is Failing Because Institutions are Holding Strong Against Him: Election rules, courts and everyday citizens are preventing the president from overturning the election results,” November 19, 2020.
“Trump Can’t Avoid A Transfer Of Power: He just wants just to think he can,” September 25, 2020.
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NBC News (Op-Ed / Analysis)
“Pennsylvania Rep. Scott Perry’s response to the House’s Jan. 6 investigation constitutes an attack on the legitimacy of the January 6 select committee — and the government itself.” December 23, 2021.
“Trump election lie allies Stone, Eastman and Clark plead the Fifth.” December 11, 2021.
“How the Trump-Biden executive privilege showdown could backfire: Trump isn’t afraid to file a lawsuit, even one he could lose. But his lawyers would be wise to advise against it this time.” October 12, 2021.
“Covid vaccine and mask mandate bans in Florida and elsewhere raise cynical questions: Do Republicans think they can reap political benefits from the continued spread of the virus?” September 25, 2021.
“California recall pits Newsom against Trump and GOP’s election lies: Republicans have been laying the groundwork to claim that the election was stolen for weeks,” September 14, 2021.
“What was Trump’s role during the Capitol riot? The House plans to find out,” August 27, 2021.
“Rudy Giuliani’s New York suspension proves dangers of Trump’s lies” June 26, 2021.
“How Biden and Democrats should react to McConnell’s Supreme Court comments,” June 17, 2021.
“Mike Lindell and the August Conspiracy Theorists,” June 8, 2021.
“Georgia’s ‘Jim Crow’ voter suppression bill is now law. Here’s how Democrats can fight back,” March 28, 2021.
“Covid Stimulus Bill Passes as Republicans use Cancel Culture to hide their Obstruction,” March 11, 2021.
“Trump’s White House Lawyers are Trying to Stop A Last-Minute Impeachment Repeat,” December 18, 2020.
“Trump and Giuliani’s Georgia Election Fraud Farce Underscores Republican Party’s Civil War,” December 4, 2020.
“Trump Impeachment Inquiry Bombshells Imperil Republicans’ Circumstantial Evidence Defense,” November 21, 2019.
“Trump and Giuliani’s Impeachment Defense Pushes America Closer to a ‘Mafia State,’” November 5, 2019.
‘No quid pro quo?’ Why Trump’s Impeachment Defense Sounds a lot like his Mueller Defense,” October 19, 2019.
“Democrats Trump Impeachment Inquiry Should Revisit the Testimony of Michael Cohen“, October 10, 2019. (Co-authored with Glenn Kirschner.)
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CNN. Com
“Romney’s astonishing nonsense about Amash and Mueller,” May 21, 2019.
“The real reason Trump is pushing a free speech order on college campuses,” March 6, 2019.
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Slate Magazine
“Why Trump Supporters Will Believe Any Lie He Tells,” From Kavanaugh to Khashoggi, they are immune to the truth,” Oct. 19, 2018.
Why the Big Double Jeopardy Supreme Court Case Isn’t a Threat to the Mueller Probe,” Slate, October 4, 2018. (Co-authored with Jed Shugerman.)
“How to Prevent Future Family Separations: Prosecute Federal Officials,” Slate, July 3, 2018. (Co-authored with Jed Shugerman.)
“Trump’s Family Separations are Unconstitutional: The courts must award damages to families torn apart by the policy,” Slate, June 21, 2018. (Co-authored with Jed Shugerman.)
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University of Chicago, Harris School of Public Policy
Strengthening Our Democracy: How to Keep Democracy Alive
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Just Security (Published by New York University Law School)
Why a Trump Lawsuit to “Protect” Executive Privilege Could Backfire: Inviting the DC court to consider whether the crime-fraud exception applies,” August 30, 2021.
“Trump’s 2020 Election Reality Show,” November 7, 2020.
“Election Law Primer: What to Expect During and After the 2020 Election,” October 29, 2020. Republished by Just Security on November 3, 2020. (Co-authored with Steve Vladek)
“Don’t Believe Trump’s Latest Con: The Strongman,” September 29, 2020.
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SHORT FICTION
“The Mystery of Sound,” Cricket Magazine, Vol. 40, Number 7, April, 2013.
“The Other Natalia,” The MacGuffin, April 1997.
“The Girl who Killed her Parents,” The American Literary Review, Fall 1996.
“Signing,” The Iowa Review, Vol. 25, No. 1, 1995.
“The Power of Secrets,” The Writers’ Forum (University of Colorado), Vol. 19, 1993.
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Essays, 1995 – 2014
“The Girl from the Tarpaper School, Part II,” Cricket Magazine, Vol. 41, Number 6, March 2014 (Book excerpt)
“The Girl from the Tarpaper School, Part I,” Cricket Magazine, Vol. 41, Number 5, February 2014 (Book excerpt)
“Imagine This Was Your School,” Scope Magazine, February 2014.
“The Best Interests of the Child,” appeared in Reaching the Bar: Stories of Women at All Stages of Their Law Career, published in 2009 in this book:
“From Literature to Litigation,” The Recorder (San Francisco’s legal newspaper), August 8, 2001. Available as a pdf here.
“Buchenwald from the Train,” The Jewish Currents, April 1999.
“Lemmings,” Education Week, December 13, 1995.
“An American Jew Visits Dresden,” The Jewish Currents, December 1995.
“In Defense of the Romance,” Women’s Work, 1995.
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Book Reviews (1994)
Review of The Heart and Stomach of a King: Elizabeth I and the Politics of Sex and Power, by Carole Levin. Publisher’s Weekly, July 18, 1994.
Circle of Women: An Anthology of Contemporary Western Writers, edited by Kim Barnes and Mary Clearman Blew, Publisher’s Weekly, June 6, 1994
Review of Clare, by John McKenna, Publisher’s Weekly, May 2, 1994.