Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation, 54 UC Davis Law Review 2215 (2021) (with Paul Finkelman), reprinted in 26 Bender’s Immigration Bulletin No. 17, 1 (Sept. 1, 2021).
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens, 100 Boston University Law Review 1271 (2020).
Sowing The Seeds of Chinese Exclusion as the Reconstruction Congress Debates Civil Rights Inclusion, 12 Tsinghua China Law Review 185 (2020), and UCLA APA Law Journal (with Lea VanderVelde).
Warren Court Incrementalism and Indigent Criminal Appellants’ Right to Trial Transcripts, 51 University of the Pacific Law Review 667 (2020) (symposium contribution) (with Hannah Bogen).
Chevron and Citizenship, 51 UC Davis Law Review 145 (2018) (with Steven Vong and Nicholas Starkman), reprinted in 24 Bender’s Immigration Bulletin 271 (2019).
Infamous Misdemeanors and the Grand Jury Clause, 102 Minnesota Law Review 1911 (2018) (co-author with John Ormonde).
Jurisdiction Over Quasi-Military Personnel Under UCMJ Article 2(A)(8),
78 Air Force Law Review 1 (2018) (co-author with David J. Western).
The War Against Chinese Restaurants, 67 Duke Law Journal 681 (2018) (co-author with John Ormonde), excerpted in 40 Regulation: The Cato Review of Business and Government No. 2, 32 (Summer 2017), featured in Joanna Grisinger, Restaurants and Regulation, JOTWELL (Nov. 7, 2018) https://legalhist.jotwell.com/restaurants-and-regulation/ and Cary C. Franklin, Acts of Exclusion, JOTWELL (Nov. 21, 2018) https://conlaw.jotwell.com/acts-of-exclusion/
Collateral Consequences 371 in 4 Reforming Criminal Justice: A Report by the Academy for Justice (2017), reprinted in 18 Criminology, Criminal Justice, Law & Society 1 (2017), and in 2018 Actual Problems of Economics and Law 660 (2018) (Russian translation).
Model law proposes automatic expungement of non-conviction records
Pleading Guilty Without Client Consent, 57 William & Mary Law Review 1309 (2016)
Is Multicultural America the Product of A Mistake?: The 1965 Immigration Act and Evidence From Roll Call Votes, 2015 University of Illinois Law Review 1239 (with Douglas M. Spencer)
Reasonable but Unconstitutional: Racial Profiling and the Radical Objectivity of Whren v. United States, 82 George Washington Law Review 882 (2015) (with Charles Vernon)
Race and the Disappointing Right to Counsel, 122 Yale Law Journal 2236 (2013)
The New Civil Death: Rethinking Punishment in the Era of Mass Conviction, 160 University of Pennsylvania Law Review 1789 (2012)
The Unconstitutionality of State Regulation of Immigration Through Criminal Law, 61 Duke Law Journal 251 (2011) (with Marc Miller)
Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal Process, 58 UCLA Law Review 1417 (2011)
A Legal Labyrinth: Issues Raised by Arizona Senate Bill SB1070, 25 Georgetown Immigration Law Journal 47 (2010) (with Carissa Byrne Hessick, Toni M. Massaro & Marc L. Miller), reprinted in a slightly different form as The Constitutionality of Arizona SB 1070 and Other State Immigration Laws, American Constitution Society Issue Brief (Nov. 2010) (with Toni M. Massaro and Marc L. Miller)
Unjustified: The Practical Irrelevance of the Justification/Excuse Distinction, 43 University of Michigan Journal of Law Reform 79 (2009) (symposium)
The Jena Six and the History of Racially Compromised Justice in Louisiana, 44 Harvard Civil Rights-Civil Liberties Law Review 361 (2009) (symposium)
Beyond the Super-Majority: Post-Adoption Ratification of the Equality Amendments, 50 Arizona Law Review 25 (2009) (with Anjali Abraham) (faculty symposium)
Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship, 107 Michigan Law Review FirstImpressions 1 (2008). Featured in Adam Liptak, A Hint of New Life to McCain Birth Issue, N.Y. Times, July 11, 2008, at A11 (http://www.nytimes.com/2008/07/11/us/politics/11mccain.html)
Unexplainable on Grounds of Race: Doubts About Yick Wo, 2008 University of Illinois Law Review 1359
The Tyranny of the Minority: Jim Crow and the Counter-Majoritarian Difficulty, 43 Harvard Civil Rights-Civil Liberties Law Review 65 (2008) (with Randy Wagner)
Book Chapter, Chae Chan Ping and Fong Yue Ting: The Origins of Plenary Power, Immigration Law Stories 7 (David Martin & Peter Schuck, eds., Foundation 2005)
Reconstruction, Felon Disenfranchisement and the Right to Vote: Did the Fifteenth Amendment Repeal Section 2 of the Fourteenth?, 92 Georgetown Law Journal 259 (2004), reprinted in 21 Civil Rights Litigation and Attorney Fees Annual Handbook Ch. 11 (Steven Saltzman, ed., 2005)
The “Voting Rights Act of 1867:” The Constitutionality of Federal Regulation of Suffrage During Reconstruction, 82 North Carolina Law Review 1581 (2004) (symposium)
Rehabilitating Unconstitutional Statutes: A Case Study of Cotton v. Fordice, 71 University of Cincinnati Law Review 421 (2003) (faculty symposium)
Are Collateral Sanctions Premised on Conduct or Conviction? The Case of Abortion Doctors, 30 Fordham Urban Law Journal 1685 (2003) (symposium)
Race, the War on Drugs, and the Collateral Consequences of Criminal Conviction, 6 Iowa Journal of Gender, Race & Justice 253 (2003) (symposium), reprinted in Civil Penalties, Social Consequences 27 (Christopher Mele & Teresa Miller eds., Routledge 2005)
Effective Assistance of Counsel and the Consequences of Guilty Pleas, 87 Cornell Law Review 697 (2002) (with Richard W. Holmes, Jr.)
Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Laws to Asian Americans, 1910-1950, 9 Asian Law Journal 1 (2002) (with Hrishi Karthikeyan)
Book Chapter, Twenty Years on Trial: Takuji Yamashita’s Struggle for Citizenship 103, Race on Trial: Law and Justice in American History (Annette Gordon-Reed ed., Oxford 2002)
Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law, 14 Georgetown Immigration Law Journal 257 (2000) (symposium)