The Lawyer’s Oath: How a Pledge to the Constitution Can Preserve Democracy
RealClear Publishing, January 2027

This book examines what it means to take an oath to the Constitution and what obligations that pledge imposes on every lawyer who made it. The book describes the indispensable role that the legal profession has played in creating our constitutional culture as lawyers championed the dignity and agency of every person. And it argues that our democracy cannot survive if lawyers fail to defend the rule of law without compromise.
 

The “Right to Control” Theory of Fraud, When Deception Without Harm Becomes a Crime
Cardozo Law Review,  Volume 43, Issue 1, October 2021

The article critically analyzed an ambiguous judge-made theory of fraud that violated the constitutional requirement that criminal laws be clear and the product of legislation by democratically elected representatives of the people.  The article was cited in briefs in Ciminelli v. United States (2023), in which the Supreme Court unanimously rejected the right-to-control theory.
 

The Use of Federal Criminal Laws to Enforce Moral Sensibilities - A Critical Review
Society, March 2022

The article argued that the power of prosecutors and judges to shift theories of criminality to fit their moral sensibilities weakens our democracy and the agency of individuals in our society.
 

Newman/Martoma: The Insider Trading Law’s Impasse and the Promise of Congressional Action
Fordham Journal of Corporate and Financial Law, Volume 25, Issue 1, 2020

The article critically analyzed the anti-democratic, vague, judge-made law of insider trading and called for Congress to finally legislate a clear law that would govern the complex rules of information collection and usage in the financial capital of the world. (More than 60 years after prosecutors and judges first embraced the “law”, Congress has yet to pass legislation).
 

​The "Inherently Wrongful" Doctrine in Federal Law
New York Law Journal, March 2000

The article criticized the judicial doctrine that some crimes (like extortion) are considered so inherently wrongful the prosecutor need not prove the defendant knew what she was doing was wrong or illegal in order to convict the accused.
 

​Morality, Individual Responsibility and the Law
Philosophy and Literature (Johns Hopkins U. Press), Volume 22, No. 1, April 1998, pp. 178-185

In the context of a debate among academics, the article offered the federal prosecutor’s perspective on the question whether universities have a responsibility to instruct on moral values. It argued that in our constitutional democracy, the twin moral values of truth-seeking and respect for human dignity are foundational and that universities do (and must) provide their undergraduates with the tools to understand these values.