His long list of publications includes Law and the Shaping of the American Labor Movement (Harvard University Press, 1991); Social and Economic Rights in the American Grain in THE CONSTITUTION IN 2020 (Jack M. Balkin & Reva B. Siegel eds.; Oxford: Oxford University Press, 2009), Politics, State-Building, and the Courts, 1870-1920, in The Cambridge History of Law in America 643 (Cambridge: Cambridge University Press, 2008); The White Court (1910-1921): A Progressive Court?, in The United States Supreme Court: The Pursuit of Justice 172 (Christopher Tomlins ed.; Boston: Houghton Mifflin, 2005); The Politics of Race, Rig
hts, and Needs, and the Perils of a Democratic Victory in Post-Welfare America: Some Reflections on the Work of Felicia Kornbluh, 20 Yale Journal of Law and Feminism 195 (2008); The Long Life of Liberal America: Law and State-Building in England and the U.S., 24 Law & History Review 179 (2006); Social Rights, Courts and Constitutional Democracy: Welfare Rights and Poverty in the U.S., 12 Democratization 5 (2005).He has also written for Politico and American Prospect, including: The Framers and Us: How Not to Use History to Argue about the Constitution and the Supreme Court.
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