Education:

• B.A., Northwestern, 1964
• J.D., Chicago, 1967

Postions:

• University of Texas, 1967-1969
• University of Michigan, 1970-1982
• Visiting professor at Stanford University, 1969-1970,
• Visiting professor at the University of California, Berkeley, 1978-1979
• Visiting professor at William & Mary, 1991
• Joined the Columbia Law School faculty, 1983-Present
• Elected a fellow of the American Academy of Arts and Sciences, 1998
• Appointed James Madison Distinguished Professor of Law, 2003-Present

Publications:

Books/Monograph:

• Law and Liberalism in the 1980s (ed.) (Columbia University Press, 1990).
• The Burger Court: The Counter-Revolution that Wasn't (ed.) (Yale University Press, 1983).
• Press Subpoenas: An Empirical and Legal Analysis (Reporters' Committee for Freedom of the Press: Washington, D.C. 1972).

Book Chapters/Multi-Author Works:

• "Free Speech and Good Character: From Milton to Brandeis to the Present," in Lee C. Bollinger and Geoffrey R. Stone, eds., Eternally Vigilant: Free Speech in the Modern Era 60 (University of Chicago Press, 2002).
• "Brandeis and the First Amendment," MacMillan Encyclopedia of the American Constitution (2000).
• "Mill and Freedom of Expression," MacMillan Encyclopedia of the American Constitution (2000).
• "Milton and Freedom of Expression," MacMillan Encyclopedia of the American Constitution (2000).
• "The Rootless Activism of the Burger Court," in Vincent Blasi, ed., The Burger Court: The Counter-Revolution that Wasn't (Yale University Press, 1983).
• "Constitutional Limitations on the Power of States to Regulate the Movement of Goods in Interstate Commerce," in Sandalow and Stein, eds., Courts and Free Markets: Perspectives from the United States and Europe 174 (Clarendon Press, 1982).
• "Journalistic Autonomy as a First Amendment Concept," in Keller, ed., In Honor of Justice Douglas; A Symposium on Individual Freedom and Government 55 (Greenwood Press, 1979).
• "The Newsman's Privilege and the Researcher's Privilege: Some Comparisons," in Nejelski, ed., Social Research in Conflict with Law and Ethics 155 (Ballinger Publishing Co., 1976).

Articles:

• "Holmes and the Marketplace of Ideas," 2004 Sup. Ct. Rev. 1.
• "School Vouchers and Religious Liberty: Seven Questions From Madison's Memorial and Remonstrance," 87 Cornell L. Rev. 783 (2002).
• "Vouchers and Steering," 18 J.L. & Pol. 607 (2002).
• "Free Speech and Good Character," 46 UCLA L. Rev. 1567 (1999).
• "Teaching Reasoning," 74 Chicago-Kent L. Rev. 647 (1999).
• "Reading Holmes Through the Lens of Schauer: The Abrams Dissent," 72 Notre Dame L. Rev. 1343 (1997).
• "Spending Limits and the Squandering of Candidates' Time," 6 J. of Law & Policy 123 (1997).
• "Milton's Areopagitica and the Modern First Amendment," 4 Ideas 6 (1996).
• "Free Speech and the Widening Gyre of Fund-raising: Why Campaign Spending Limits May Not Violate the First Amendment After All," 94 Colum. L. Rev. 1281 (1994).
• "Six Conservatives in Search of the First Amendment: The Revealing Case of Nude Dancing," 33 Wm. & Mary L. Rev. 611 (1992).
• "Learned Hand and the Self-Government Theory of the First Amendment: Masses Publishing Co. v. Patten," 61 University of Colorado L. Rev. 1 (1990).
• "The First Amendment and the Ideal of Civic Courage: The Brandeis Opinion in Whitney v. California," 29 Wm. & Mary L. Rev. 653 (1988).
• "The Role of Strategic Reasoning in Constitutional Interpretation: In Defense of the Pathological Perspective," 1986 Duke L. J. 696 (1986).
• "The Pathological Perspective and the First Amendment," 85 Colum. L. Rev. 449 (1985).
• "Toward a Theory of Prior Restraint: The Central Linkage," 66 Minn. L. Rev. 11 (1981).
• "Bakke as Precedent: Does Mr. Justice Powell Have a Theory?," 67 Calif. L. Rev. 21 (1979).
• "The Checking Value in First Amendment Theory," Am. Bar Foundation Res. J. 521 (1977).
• "The Newman's Privilege: An Empirical Study," 70 Mich. L. Rev. 229 (1971).
• "Prior Restraints on Demonstrations," 68 Mich. L. Rev. 1481 (1970).
• "A Requiem for the Warren Court," 48 Texas L. Rev. 608 (1970).

Book Reviews:

• "Bollinger: The Tolerant Society" (book review), 87 Colum. L. Rev. 387 (1987).
• "Black: Structure and Relationship in Constitutional Law" (book review) 80 Yale L. J. 176 (1970).
• "Freund: On Law and Justice" (book review), 35 U. Chi. L. Rev. 388 (1967).