Torture-Tapes Template (Bush-administration lawyers could be nailed for their role in destroying evidence in the CIA scandal, thanks to a quiet Connecticut child-porn case) | January 12, 2008

Eraser Heads (Overzealous deans at Emerson literally make students’ rights disappear - Coauthored with James Tierney) | October 25, 2007

Moldy Justice (Archaic laws are often funny, but they’re no laughing matter - Coauthored with Jan Wolfe) | October 12, 2007

Ouch! The DEA's bad-faith war on pain doctors (on prosecuting pain specialists for "dealing drugs") | September 26, 2007

Kicking a Man While He's Down: LBJ vs. Romney, A Historical Perspective (Coauthored with Jan Wolfe) | August 31, 2007

Partially free is better than partially pregnant (Coauthored with Jan Wolfe) | August 30, 2007

The Big Dig in Court: A citizen's primer | August 15, 2007

Alito: Hypocrisy in High Places (Coauthored with James Tierney) | July 3, 2007

Well, shut my mouth! (Tufts and Brandeis muzzle student newspapers — at students’ urging - Coauthored with Jan Wolfe) | May 17, 2007

It's time for some real judicial activism | May 10, 2007

Why the Imus cave-in is bad for free speech, radio, and the whole society | April 19, 2007

Notes on a scandal (Could a botched sting operation compromise Hillary Clinton’s presidential hopes? - Coauthored with Adam Reilly) | March 29, 200

A judge speaks with candor about judicial cop-outs | March 28, 2007

Getting Justice back on track | March 22, 2007

Gossip columnist escapes indictment (Get me rewrite)| March 8, 2007

Alumnus Interruptus (How University, Inc. is controlling the message to its graduates — and funding bias ) | November 16, 2006

Are we freer than we were 40 years ago? | November 15, 2006

Gay marriage spreads to New Jersey, with caution | November 1, 2006

Oh, pardon me | September 28, 2006

The brain-addling effects of sex on judges | September 14, 2006

Blues and blood (Why does US attorney Michael Sullivan keep rewarding a wayward prosecutor with big-stakes public-corruption cases? Plus, remove that tattoo, son.) | September 7, 2006

Pardons are forever (To get his friends and allies out of the mess he created, George W. Bush is going to have to issue a slew of pardons) | August 17, 2006

A spate of phony 'terror' plots | July 13, 2006

The constitutional crisis no one seems to understand | June 2, 2006

Sleazy? Yes. Criminal? Probably Not (The New York Times has grown so gullible that it believed the spin on the Page Six scandal) | April, 12, 2006

The Summers putsch goes awry | March 16, 2006

I stand by what I said (The speech Harvard's Larry Summers should have given six months ago) | February 23, 2006

Sex and betrayal at Milton Academy (Coauthored with Dustin Lewis) | February 16, 2006

Bush's real motive (Why is W. acting so recklessly in pursuit of the right to spy?) | February 9, 2006

After Innocence (The movie and the reality) | February 2, 2006

High Noon for Cabral | January 25, 2006

Informed opinion (The mayor starts peace with more speech ) | January 19, 2006

The only questions for Alito that matters | January 12, 2006

The Gray Lady in shadow (Could publication of the domestic-spying story lead to indictment of the New York Times?) | January 5, 2006

Is the 9/11 Commission Report the First American Epic? (Coauthored with Leslie Dunton-Downer and Daniel Aaron) | September 9, 2005

The devil and Judge Jones | December 30, 2005

Civil liberties came under intense assault in 2005, but there was some push-back too (Coauthored with Dustin Lewis) | December 23, 2005

Spy-der man | December 23, 2005

Cabral's sharp aim (What will you do when the FBI comes calling?) | December 16, 2005

Shirting the issue | December 9, 2005

Give Alito a Chance | November 3, 2005

The Color of Random | October 14, 2005

Harriett Miers: news from nowhere | October 6, 2006

The DOJ's Shopping Trip Pays Off | September 16, 2005

Rehnquist's Record of Shame | September 9, 2005

Passing Judgement (The scramble to pigeonhole Supreme Court nominee John Roberts misses the point) | September 2, 2005

Finneran's Wake (US Attorney Michael Sullivan is riding high on the former House Speaker’s perjury indictment. Too bad it’s much ado about little.) | June 24, 2005

Animal Crackers (US Attorney Michael Sullivan should have fortified his own glass house before casting stones at Tom Finnera) | June 16, 2005

Indecent Proposal ('Obscenity' vs. 'indecency' in the eyes of the Supreme Court) | May 13, 2005

UMass Amherst parodies itself | March 11, 2005

The Summers Transcript Doesn't Lie (Coauthored with Dan Poulson) | February 23, 2005

Warding Off Attack (Attempts to stifle one professor’s notorious opinions showcase the hypocrisy of American academe - Coauthored with Dan Poulson) | February 18, 2005

Say it Ain't So (Harvard president Lawrence Summers loses at the game of Truth or Consequences) | January 26, 2005

Street Musicians, One; Boston Police, Zero | January 7, 2005

A Man for All Reasons (David Brudnoy) | December 17, 2004

Fleecing the Shepherd (Will the Church settle the sexual-abuse cases this time around?) | December 10, 2004

Gay-Marriage Foes Spin Their Wheels | December 3, 2004

Mack, the Life | November 19, 2004

The Devil You Don't Know (Coauthored with Dan Poulson) | November 19, 2004

Send Out the Clowns (The UMass censorship machine strikes again) | October 27, 2004

SJC Takes a Half Step Toward Righting Wrongful Convictions | September 10, 2004

Killjoy Was Here (Boston's itinerant artists are fighting back in the courts - Coauthored with Dan Poulson) | September 3, 2004

The Enemy Within (In a trio of cases, the Supreme Court shines some light into the Bush administration’s gulag) | July 9, 2004

Ashcroft's Big Con (The Justice Department’s reliance on Soviet-style tactics has turned the war on terror into a Potemkin village) | June 25, 2004

Supreme Court Ducks on Pledge | June 18, 2004

Defensive Strategy (Advice of counsel: Torture is okay) | June 18, 2004

Hiding the Gulag (Things have gotten so bad, the Bush administration is lying even to its own lawyers - Coauthored with Carl Takei) | May 28, 2004

The Brown-ing of America (Decided in 1954, Brown v. Board of Education put the country on the road to true equality for all. As the Bay State prepares to recognize gay marriage, we’ll see how far we’ve truly come.) | May 14, 2004

Scientific uncertainty (Romney’s death-penalty plan leaves much room for doubt. Plus, no due process for ‘enemy combatants.’ - Coauthored with Carl Takei) | May 7, 2004

Crossing the Threshold (While we’re all fretting over the Patriot Act, John Ashcroft’s Justice Department is after much bigger gam - Coauthored with Carl Takei) | May 5, 2004

Covering a Multitude of Sins (In its unprecedented drive for greater government secrecy, the Bush administration is hiding vital information under the cloak of national security — leaving the nation stumbling in the dark - Coauthored with Carl Takei) | April 30, 2004

Checks and balances in Guantanamo (Could the gulag’s future hang on a real-estate deal? - Coauthored with Carl Takei) | April 30, 2004

Let Us Now Praise Framed-up Men (Innocence commissions are being established all over the country. It’s high time the Bay State followed suit.) | April 9, 2004

Prediction or Prophesy? 'Under God' will remain in the Pledge | April 2, 2004

The inequality of civil union | December 12, 2003

Reading Between the Lines | November 28, 2003

Hearing Wedding Bells (The proof of the strength of the SJC’s ruling lies in the weakness of its dissenting opinion) | November 20, 2003

What have we Learned? (The release of Shawn Drumgold from prison) | November 14, 2003

Why Does the FBI Believe Flemmi? (Stephen "The Rifleman" Flemmi plea deal) | October 23, 2003

Blinded with Science (Forensic evidence, the ‘infallible’ death penalty, and the Green Beret murder case - Coauthored with Andy Good and Phil Cormier) | October 9, 2003

Picture of Injustice (Capturing the Friedmans is a riveting movie about a family destroyed by allegations of child sexual abuse. Too bad it fails as a search for truth.) | July 11, 2003

Not So Fast On the Gay-Marriage Front (Lawrence v. Texas and gay marriage) | July 4, 2003

Speech pathology (Campus speech codes sacrifice academic freedom in a misguided effort to prevent hurt feelings - Coauthored with Carl Takei) | May 16, 2003

When the 'enemy' is us (The president and the military want to strip US citizens deemed ‘enemy combatants’ of their rights. Will the federal courts stop them? ) | February 6, 2003

Still Standin': Although the ground has rumbled beneath the twin pillars of American civil liberties, judicial review and free speech are still intact | December 26, 2002

Free-speech fire drill: Cross-burning, the First Amendment, and Clarence Thomas | December 20, 2002

Bench Pressing (On witness intimidation) | October 18, 2002

Offensive defense (Letter coauthored with Joshua E. Gewolb) | August 2, 2002

Who's zoomin' who in the Paul Pierce case? | August 1, 2002

Like a Prayer | July 11, 2002

Courting Disaster | July 4, 2002

Rounding up the thought police | May 9, 2002

Thought Control in Hamilton | March 29, 2002

Not ready for crime time (Prosecuting priests) | March 22, 2002

Secrecy by judicial fiat: Suppressing vital truth (Catholic church & SJC) | March 15, 2002

Gag order (Ashcroft) | December 21, 2001

Torture warrants? | December 7, 2001

End the war on drugs | November 16, 2001

How the terrorist crisis threatens our personal liberties (Coauthored with Dan Kennedy) | September 28, 2001

What's truly corrupt about the FBI | August 10, 2001

The real Bob Mueller (new FBI Director) | July 13, 2001

By the Book (student rights case) | October 6, 2000

Second thoughts (Atty. Daniel Beck contempt case #2) | April 14, 2000

Courtroom misbehavior (Atty. Daniel Beck contempt case) | April 7, 2000

Why the Diallo jury was right | March 3, 2000

The G-men and the mobsters (Bulger/Flemmi) | February 11, 2000

Decency Denied (Lessons of Clinton/Starr) | February 19, 1999

Wanted: Free Speech (Planned Parenthood) | February 12, 1999

They Deserve Each Other (Starr/Clinton) | September 18, 1998

Before the Flood (Clinton should demand impeachment hearings) | August 7, 1998

Liberty's flame (Flag burning) | July 16, 1998

Indecent defeat? (Supreme Court decision on NEA) | July 3, 1998

The Fells Acre Tragedy (Amirault case) | June 19, 1998

Attorney-client privilege: A dead issue? (Zippergate #10) | April 10, 1998

Monica's reading list (Zippergate #9) | April 3, 1998

Wentworth's Whorehouse (Wentworth Institute of Technology) | March 27, 1998

Feminists for Clinton (Zippergate #8) | March 27, 1998

Hardball and hush money (Zippergate #7) | March 20, 1998

Values clarification (Zippergate #6) | March 13, 1998

Starr's un-American activities (Zippergate #5) | March 6, 1998

Family Matters (Zippergate #4) | February 27, 1998

Serving Justice? (Zippergate #3) | February 20, 1998

Live by the Leak, die by the leak (Zippergate #2) | February 13, 1998

Starr Chamber - The Real Lesson of the Clinton Scandal? (Zippergate #1) | February 6, 1998

A Civilian Force for Change (NY police brutality against Abner Louima) | September 16, 1997

Justice Lost (William Brennan) | August 1, 1997

The Judge and the FBI (Wolff) | June 27, 1997

Supreme Culture Wars | December 27, 1996

Vice Talk: A proposed ban on booze ads smacks of '50s paternalism | June 20, 1996

Firestorm: A lawyer stops an arsonist and creates blaze in court (Jeff Purcell, GBLS) | June 14, 1996

Letter to the Editor on the Angeli Case | March 1, 1996

No Excuse: Zona Labs and its legal allies should have known better | February 9, 1996

Cautionary Tale: The Supreme Court is upholding rights that the SJC endangered (Bowman/Heller) | June 23, 1995

Letter to the Editor on the Amirault Case | May 26, 1995

Freedom of Speech: The St. Patrick's Day Parade Controversy | January 20, 1995

Freedom: Freedom of speech vs. Freedom from fear | January 13, 1995

Spin Control: The real reason prosecutors hate checkbook journalism | August 19, 1994

Robojudge: Stephen Breyer may be the right man at wrong time | May 27, 1994

Protected Hate: The St. Patrick's Day parade and the sad case of Jimmy Flaherty | March 11, 1994

Civil Wrongs: The road to tyranny is paved with good intentions | March 4, 1994

Tabloid Justice | February 11, 1994

Uncivil Tongues: MIT downgrades freedom of speech | December 10, 1993

Speak no evil: Judge's gag order could choke the Constitution | October 29, 1993

Truth Decay: PBS documentary underscores the dangers of PC on campus | September 24, 1993

Timilty's Trials: Jurors are starting to rebel against prosecutorial abuses | September 3, 1993

Cult Control: Federal self-interest fueled the deadly Waco siege | May 7, 1993

Vexed Vets: Why anti-gay parade officials may have the law on their side | March 12, 1993

Sleight of mind: Clinton knows the courts won't quash the military's ban on gays | February 12, 1993

Human Touch: Justice Marshall's life shaped his opinions -- and the Court | January 29, 1993

Clean Sweep: Why Clinton's AG should purge the Justice Department | January 1, 1993

Go Directly to Jail: The SJC should overturn Weld's repressive bail law | December 4, 1992

Not Guilty: A new book exposes the death penalty's biggest flaw | November 20, 1992

Cold War Casualty: Why the Hiss case still matters | November 6, 1992

Boomerang (Perot/Bush accusation, FBI sting) | October 30, 1992

Power Play (Mavroules trial, Tauro recusal) | October 23, 1992

Trampled Rights - How the Feds Stack the Deck Against Criminal Defendants | September 4, 1992

Stay of Execution | July 31, 1992

Imperial Justice (S.Ct. kidnapping decision) | June 26, 1992

Bait and Switch (Patriarca/Cotter/Chapman sentencing) | June 19, 1992

Cybersnoops (FBI/Digital Phone Tapping) | May 15, 1992

Habeas Corpses | April 3, 1992

Dirty Minds | February 28, 1992

The Pursuit of Power | October 4, 1991

Reply to Letter on 'Another Step Towards a Police State' | April 19, 1991

A Threat to Free Speech | February 1, 1991

More Voltage for the Death Penalty | January 11, 1991

Are Rape Ideologues Running Amok? | December 23, 1990

Bulger's Political Tribalism (On my "feud" with Bill Bulger) | December 13, 1990

Unnatural Act: Should Consensual Sex Be Criminalized? | July 6, 1990

Weld Makes Hay From Dead Weeds (White/Anzalone/Weld) | June 8, 1990

Drug War Follies - Refuge of Scoundrels | June 1, 1990

Drug War Follies - Profiles of 'mules' make asses out of police | May 11, 1990

Orwell's 1984, Five Years Later | December 29, 1989

To Be Young, Black, and Frisked | October 20, 1989

Segregating Speech on Campus (Tufts) | October 13, 1989

Lewin's Loss, and Ours | August 18, 1989

Free Speech Heads for a Fall | August 11, 1989

What's Right About Offensive Speech | July 28, 1989

The Court's Dark Vision of America (Webster decision) | July 7, 1989

Seeds of Dowd | June 30, 1989

A Curse on the First | June 23, 1989

Mixed Messages on Roe v. Wade | May 5, 1989

Making of a Crooked Case | March 10, 1989

Going to the Dog: The Mail-Odorous Campaign (Lynn case) | February 24, 1989

Undermining Overbreadth | January 20, 1989

North's Nuremberg Defense (North trial/Iran-Contra) | January 6, 1989

The End of Innocents (Youngblood case) | December 30, 1988

Going South on North (North trial/Iran-Contra) | December 9, 1988

A Pardonable Sin? (North trial/Iran-Contra) | December 2, 1988

Courting Disaster | November 4, 1988

Card Carrying Members | October 7, 1988

Giving the Union Its Due | September 30, 1988

Dirty Words on the Dial | September 1, 1988

Hardly Cracking the Club Doors | July 1, 1988

And Justice For All (North prosecution/Iran-Contra) | June 3, 1988

Oliver North's Escape?: Thwarting the Iran-Contra case | May 20, 1988

Freedom to Listen | May 12, 1988

The Criminal Case Against Meese | April 22, 1988

A bankrupt verdict on The Bible Speaks (McCarran-Walter Act) | April 15, 1988

Taking Liberties (Reagan Judges and Ind. Prosecutors) | February 5, 1988

Distress Signal (Flynt v. Falwell case) | December 11, 1987

Bork Chops - Talking Out of Turn | October 16, 1987

Bork Chops - The Flip-Flop Man | October 9, 1987

Bork Chops - The Nominee's Poor Bedside Manner | October 2, 1987

Bork Chops - Freedom to Segregate | September 25, 1987

Bork Chops - Cut off his balls | September 18, 1987

But Look at All the Other Stuff He's Done (Reagan years) | August 7, 1987

Dummies Like a Fox - Reagan's Judicial Nihilists | July 17, 1987

Bork Chops - Origins of Specious: The most self-serving of intentions | July 10, 1987

Affording Innocence (Raymond Donovan) | June 5, 1987

Signifying Nothing (Rehnquist BU commencement address) | May 22, 1987

What the Supreme Court Wouldn't Hear (Linnas Nazi deportation) | May 1, 1987

Lawbreaking to Expose Lawlessness (Amy Carter) | April 24, 1987

Why 'brainwash' doesn't wash | April 17, 1987

Getting Handled (Prison visitor searches by guards) | March 31, 1987

On Orders From a Higher Authority (Iran-Contra) | December 9, 1986

The New FBI (William Webster/COINTELPRO) | October 28, 1986

The Sting of The Law (On Thomas Puccio) | October 14, 1986

Judging Heffernan | October 7, 1986

Charles Wyzanski (Tribute) | September 30, 1986

No Scalia Wag | August 19, 1986

Rehnquist Update / Tatum v. Laird | August 12, 1986

Fraser 'offensive speech' case | July 22, 1986

Francis J. Boyle and Illegal Wiretaps | July 15, 1986

Meese Commission Report | July 6, 1986

Mother versus Son | July 1, 1986

Rehnquist: Authoritarian Fascist? | June 24, 1986

Edward J. King v. Boston Globe | May 20, 1986

Zuhdi Labib Terzi (PLO member's travel in US) | May 6, 1986

Brown Eyed: The Clash of the Titans part 2 (by Jim Schuh, about Silverglate case) | October 8, 1985

Porn Again: A Civil-rights Issue By Any Other Name | October 1, 1985

Tauro/Zannino Heart Condition | September 18, 1985

Tauro Dismissal of Dailey Marijuana Prosecution | September 3, 1985

The Corsetti Case: Another View | September 14, 1982

A Matter of Time: Sentence Shopping in Federal Court | March 9, 1982

Turning Point: The Dangers of Bartered Testimony | November 17, 1981

Prince of the City: The Facts of the Case | October 6, 1981

Armies of the Right: Enlisting the military in law enforcement | August 11, 1981

The Burger court on the record | July 14, 1981

Incidents of slavery: On the high court's notions of life in Memphis | May 19, 1981

The strange case of Myles Connor | March 24, 1981

The Burger-King anti-crime menu | March 10, 1981

In the Matter of Lefty Gilday | February 10, 1981

The Cambridge Chronicle

Guest column: Once-vibrant square morphs into Harvard University theme park | July 29, 2015

Cato Institute

The State of American Criminal Justice: Inside the Courtroom Panel (VIDEO) | December 6, 2016

The Tyranny of Good Intentions: How Prosecutors & Bureaucrats Are Trampling the Constitution in the Name of Justice | Winter 2001

The Cato Supreme Court Review

Tawdry or Corrupt? McDonnell Fails to Draw a Clear Line for Federal Prosecution of State Officials (Co-authored with Emma Quinn-Judge) | 2015-2016

The Degradation of the ‘‘Void for Vagueness’’ Doctrine: Reversing Convictions While Saving the Unfathomable ‘‘Honest Services Fraud’’ Statute | 2009-2010

The Chronicle of Higher Education

Speech codes: Alive and well at colleges (Coauthored with Greg Lukianoff) | August 1, 2003

Rape Charges: It's Time to End 'He Said/She Said' Justice (Coauthored with Josh Gewolb) | August 16, 2002

The Civil Liberties Review

The JDL Murder Case: 'The Informer Was Our Own Client' (Coauthored with Jeanne Baker and Alan Dershowitz) | April/May 1976

Commentary Magazine

Symposium: Is Free Speech Under Threat in the United States? | June 14, 2017

CRIMINAL LAW ADVOCACY REPORTER

The demise of the 'mere Constitutional violation': The role of factual innocence in federal habeas corpus attacks of criminal judgments | July 10, 1991

Forbes

Trigger Warnings Before Trigger Warnings | November 26, 2014

Is Justice Really Blind? Blindfolds Off: Judges On How They Decide In Review (Book review) | November 25, 2014

When Prosecutors Seek Higher Office, Questions Remain: Coakley and the Massachusetts Governorship | October 22, 2014

'Testilying' For The Government: How Delayed Sentencing Equals Witness Bribery Or Worse | October 21, 2014

Boston Marathon Bombing Trial: Why Are Judges Loath To Change The Venue | October 5, 2014

Crime For A Cause: Massachusetts And The 'Necessity Defense' | October 4, 2014

The Department of Justice's Assault on State Political Culture | August 20, 2014

DOJ's New Recording Policy: The Exceptions Swallow The Rule | June 2, 2014

WHITEY: An Only-In-Boston Extravaganza Comes To The Big Screen (Movie review) | February 5, 2014

David Koch and the WGBH Controversy: Pledging Allegiance to the Flag of the Day | November 15, 2013

The CUNY-Petraeus Imbroglio: Even Uncivilized Students Have Their Rights | October 1, 2013

Is The FBI A Racketeering Organization? (Coauthored with Zachary Bloom) | July 31, 2013

Is The FBI Becoming A Three Stooges Act? (Coauthored with Juliana DeVries) | July 13, 2013

Civilization and Its Discontents: Burying the Boston Marathon Bomber (Coauthored with Zachary Bloom) | May 14, 2013

KPMG and Scott London | April 18, 2013

Man's Best Friend Is No Friend to the Fourth Amendment | March 1, 2013

Campus Censorship Breeds Societal Dysfunction | January 16, 2013

Black and Whitey: How the Feds Disable Criminal Defense | January 3, 2013

The San Antonio Four Show the Injustice of Sexual Abuse Witch-Hunts (Coauthored with Zachary Bloom) | November 12, 2012

Jeffrey MacDonald, Innocence, and the Future of Habeas Corpus | October 18, 2012

Hooliganism in Moscow, Bullying in Delaware: A Rose by Any Other Name (Coauthored with Juliana DeVries) | August 23, 2012

Belfast Project Case Shows the Need for First Amendment Consistency | August 12, 2012

To the CEO of Gibson: It's Not Just a War Against Capitalism (Coauthored with Zachary Bloom) | July 20, 2012

BC and the Belfast Project: A Scholar's Privilege to Disobey | July 23, 2012

The John Edwards Trial: The prosecutors' ball of steel wool predictably sinks | June 11, 2012

What the Wall Street Journal Missed About False Statements Made to the FBI (Coauthored with Daniel Schwartz) | April 18, 2012

Careful What You Click: The CFAA, The Ninth Circuit, And Your Right to Read This Blog (Coauthored with Zachary Bloom) | April 13, 2012

The Arizona Legislature Tries to Bully the Constitution (Coauthored with Daniel Schwartz) | April 5, 2012

Boston College Researchers Drink with the IRA, and Academics Everywhere Get the Hangover (Coauthored with Daniel Schwartz) | January 25, 2012

Censorship at Harvard Comes as No Surprise | January 17, 2012

Have Gun? Don't Travel (Coauthored with Daniel Schwartz) | January 13, 2012

Blago Sentenced: He Joins the Justice Department's Smoke and Mirrors show | December 9, 2011

Sometimes the Tobacco Companies are Right (Coauthored with Daniel Schwartz) | November 23, 2011

The Supreme Court, A Prosecutor's Best Friend (Coauthored with Daniel Schwartz) | November 14, 2011

Obama Learns Newspeak: the Administration's Perversion of the Freedom of Information Act (Coauthored with Daniel Schwartz) | November 9, 2011

Ukraine Is More Western Than You Think: The Trial of Yulia Tymoshenko (Coauthored with Daniel Schwartz) | October 21, 2011

Obama Crosses the Rubicon: The Killing of Anwar al-Awlaki (Coauthored with Daniel Schwartz) | October 6, 2011

Justice Strikes Out: The railroading of Barry Bonds, and why we should all care (Coauthored with Daniel Schwartz) | September 9, 2011

Leveling the playing field: Immunized Witnesses for the Defense | August 25, 2011

When looking a gift horse in the mouth, it's best to accurately count the teeth: Lowell Milken's Donation, and the Ignorant Condemnation That Followed | August 24, 2011

Can, and Should, NewsCorp Actually Be Tried Like the Mafia? (Coauthored with Daniel Schwartz) | August 22, 2011

How a Floridian busted for cocaine possession may save future white collar defendants | August 5, 2011

Constructing Truth: the FBI's (non)Recording Policy (Coauthored with Daniel Schwartz) | July 27, 2011

News Corp, the FCPA, and Eliot Spitzer's "Longstanding Practice" of Hypocrisy (Coauthored with Daniel Schwartz) | July 18, 2011

Justice 'Deferred (Deferred prosecutions are anything but soft on crime) | July 14, 2011

Blagojevich Convicted, But Was He Really Guilty? (On the supposed sale of a U.S. Senate seat) | June 29, 2011

Federal Prosecutors, John Edwards, and God's Law (On criminalizing unethical behavior) | June 27, 2011

The Revolving Door at the Department of Justice (co-authored with Daniel Schwartz) | June 22, 2011

Liability Reigns Supreme at the Corporate University (On damage control over learning) | April 22, 2011

A Pawn in their Game | March 2, 2011

Of Pirates and Prosecutors (On the DOJ using family as bait) | February 11, 2011

Bullying Free Speech (Anti-bullying laws and the erosion of campus expression) | January 6, 2011

The Insider Trading Bread and Circus (On the probe into Wall Street's insider trading) | January 3, 2011

When 'Honest Services" Prosecution Turns into Persecution (On "honest services" conviction) | December 1, 2010

Justice, Dispensed with an Even Hand | October 10, 2010

The Short-sighted Campaign Against Craigslist (On censoring "adult services") | September 14, 2010

Blagojevich's Fatal Unrecorded Conversation | September 8, 2010

Trust Me: Justice Is My Name (Why the DOJ always gets its man) | July 21, 2010

Subversive Suburbanites (On the downside of spy-swapping) | July 15, 2010

Goldman Sachs' Morality Play (The Feds play the blame game) | May 27, 2010

Wichita Witch Hunt (The Justice Department wages war on pain relief) | September 1, 2009

Prof. Gates' Unconstitutional Arrest (On the arrest of Harvard Professor Henry Louis "Skip" Gates, Jr.) | July 28, 2009

Meanwhile, at Harvard... (On the 2009 Harvard Board of Overseers election) | March 23, 2009

Prosecutors brought AIG to its knees | March 11, 2009

Larry Summers for Treasury Secretary (On the lessons professors can learn from students) | November 18, 2008

The Coddling Campus (On the withering of college town cafes) | September 26, 2008

Gay Community News

One Man Stands Against Gay Rights | January 28, 1978

The Harvard Crimson

Harvard Marches Towards a New Sex Regime (Coauthored with Timothy C. Moore) | March 29, 2016

Specialized Assault Board Idea 'Myopic' (Letter) | September 20, 2002

The Harvard Law Review

Legislative Privilege and the Separation of Powers | May 1973

Inc. Technology Magazine

Law and Ardor | February 2001

There Oughta Be a Law | Summer 2000

Inside Higher Ed

From Suppressing to Compelling (coauthored with Daphne Patai) | April 25, 2016

Los Angeles Times

Step back, imperial presidency (Analyzing the Supreme Court's decision in Hamdan v. Rumsfeld) | June 30, 2006

Manhattan Institute

Alexander Hamilton 2016 Award Ceremony (VIDEO) | May 9, 2016

Massachusetts Lawyers Weekly

81-year-old Silverglate steels for battle on behalf of Trump lawyer | September 8, 2022

‘Get Trump’ tests readers’ own theories, opinions | April 28, 2023

With a memoir, ‘renegade’ challenges lawyers to pursue public interest, human rights work | February 10, 2023

Representing unpopular clients (co-authored with Charles Burnham) | September 23, 2022

Legitimate gift or criminal bribery? ‘Varsity Blues’ prosecutions raise ‘profound’ legal, ethical question | April 11, 2022

The instructive history of Jerry Lui’s extradition to Hong Kong | January 13, 2022

Indictment of Trump CFO cause for concern | July 9, 2021

‘Perfectly appropriate’ for Alito to address Federalist Society on political, social issues | November 25, 2020

Lessons for all as the Probation Department saga ends | July 24, 2014

Unsettling result of Bulger Trial: soon to hit big screen | February 14, 2014

O'Brien indictment: the sausage factory and the democratic process (Coauthored with Nancy Gertner) | May 2, 2013

Bulger immunity defense: what appearance of justice requires | April 17, 2013

The Swartz suicide and the sick culture of the DOJ | January 23, 2013

Trial and error: scientific method and the First Amendment | March 1, 2010

Are lawyer layoffs start of major restructuring of profession? | April 13, 2009

Reform needed to change practices of Harvard police | October 13, 2008

Preventing Oversight for Police Misconduct (Coauthored with James Tierney) | January 26, 2008

Using a ban on pre-trial publicity to avoid embarrassing prosecutors, judges (Coauthored with James Tierney) | November 5, 2007

Facing History and Our First Amendment (Coauthored with Malick Ghachem, Norman Zalkind, and Philip Cormier) | October 31, 2005

Getting Real at the SJC (Coauthored with Dan Poulson) | May 30, 2005

Suing Harvard: Dealing With the Hometown Advantage | September 22, 2003

Commonwealth v. Baker poses novel question (Coauthored with Carl Takei) | February 24, 2003

Wiretapping, Eavesdropping Anomalies In Mass. (Coauthored with Josh Gewolb) | June 24, 2002

Courts Taking Shots From the Right and The Left | April 2, 2001

'Amirault': Judicial Tension Over 'Injustice' (Coauthored with Andrew Good) | July 19, 1999

Lawyers of the Year: Harvey A. Silverglate | December 28, 1998

Media Studies Journal

Illegal Thoughts | Fall 2000

Minding the Campus

A Champion of Free Speech Takes on the Muzzled Campus | May 12, 2016

Struggling to Get Past "Master" | January 31, 2016

Faculty Ousted At Harvard - From Power That Is | December 3, 2014

Ole Miss Seeks to Put First Amendment in a Noose | March 3, 2014

The Slow Death of Free Speech at Harvard | November 3, 2013

The Feds Mandate Abolition of Free Speech on Campus (Coauthored with Juliana DeVries) | May 13, 2013

The Harvard Email Snooping Case: Overreaching Administrators at Work (Coauthored with Juliana DeVries and Zachary Bloom) | March 26, 2013

Harvard Botches a 'Cheating' Scandal (Coauthored with Zachary Bloom) | October 2, 2012

Harvard, Where Civility Trumps Free Speech (Coauthored with Juliana DeVries) | September 23, 2012

After Awful Tragedies, The Campus Bureaucracy Expands | July 23, 2012

Harvard’s PR Machine and the Cherokees | May 6, 2012

Students’ Sexuality is Their Own Business | March 22, 2012

Will Harvard Stop Trying to Impose Orthodoxies? | January 4, 2012

Harvard Pressures Freshmen to Sign a Moral Pledge (Coauthored with Adam Kissel) | September 13, 2011

What Yale's President Should Have Said about the Frat Boys | May 23, 2011

What Characterizes the Modern Totalitarian, Corporatized University? | March 17, 2011

You will cheer and smile! And you will like it! | December 6, 2010

Eliminating Free Thoughts in the Name of False Safety | October 12, 2010

How Corrupted Language Moved from Campus to the Real World | February 23, 2010

The Cambridge Empire Strikes Back | June 16, 2009

Be Fair, Harvard | April 27, 2009

Brandeis: Still Abusing A Professor | February 10, 2009

Let's Cut the Administrative Fat | December 10, 2008

Can We Change the Campus Culture? | October 14, 2008

A Citizen's Guide to Disciplining John Yoo | April 23, 2008

Miscellaneous Articles

A recent court ruling shows how anti-discrimination law threatens free speech | July 7, 2023 | FIRE Newsdesk

Advice From a Harvard Elder | May 25, 2023 | The Harvard Crimson

“The Murders Before the Marathon” | self-published

Abolish the FBI | August 10, 2022 | Compact Magazine

Campus Muzzles 2022 (co-authored with Emily Nayyer) | July 1, 2022 | self-published

Why FIRE’s expansion is necessary | June 15, 2022 | thefire.org

MIT and its connections with Jeffrey Epstein | February 18, 2022 | self-published

The National Law Journal

Federal Habeas corpus & actual innocence (Co-authored with Philip G. Cormier, Andrew Good, and Barry C. Scheck) | May 16, 2011

Free at last? Not so fast | April 5, 2010

Remember the Memo (on Eric Holder's 1999 DoJ memo) | December 8, 2008

'House v. Bell': Restoring habeas corpus (Coauthored with Phil Cormier) | August 2, 2006

Real agenda: future power | February 27, 2006

Assault on college press | October 17, 2005

Stop creative prosecutions (Coauthored with Andrew Good) | August 30, 2004

Muzzling free speech (Coauthored with Josh Gewolb) | September 30, 2002

O.J. as litmus test | January 28, 2002

First Amendment: casualty of war | December 3, 2001

Let's not trade freedom for security | September 24, 2001

Who gets to do the taping? | August 20, 2001

Courts let the FBI run amok | June 28, 2001

Let's hear it for parody | May 14, 2001

Kid-porn law goes too far (Free Speech Coalition v. Reno) | March 19, 2001

Teach at your own risk | December 11, 2000

Will they ever learn? (Wen Ho Lee) | October 16, 2000

Freedom Seems Academic (Urofsky v. Gilmore) | September 11, 2000

Open This Rule with Care | July 17, 2000

One-way ticket for Elian (Elian Gonzalez) | May 8, 2000

The Right to private pee | April 24, 2000

DOJ Erred on Waco Test (by Andrew Good)| April 10, 2000

Change police perception (Diallo) | March 20, 2000

Lying is part of the FBI's job (FBI & Wen Ho Lee) | February 14, 2000

Threat to academic freedom (Catholic bishops) | December 20, 1999

6th Circuit just doesn't get it (Kincaid decision) | October 25, 1999

Prior Restraint in California (Aguilar v. Avis) | August 30, 1999

Breaching the Blue Wall (Volpe/Louima) | June 21, 1999

Tipping evidence scales | May 19, 1999

Miranda Upheaval Unlikely | March 1, 1999

Synergy of 'racial profiling' and federal guidelines | February 15, 1999

Hate Crimes Laws Undermine Equality for All | December 7, 1998

Another Bloody Skirmish in the Free Speech War | October 12, 1998

Immunity is Not for Sale, says the Tenth Circuit (US v. Singleton) | August 17, 1998

'Race Profiling' Inflicts Injustice on Individuals | June 22, 1998

Clinton v. Starr v. Clinton may make Court act | April 27, 1998

Prosecutors Tread Where Defendants Daren't Go | February 16, 1998

Tape Defendant's Statement, or Don't Use It | December 22, 1997

Ignorance was not bliss for would-be Cosby kin | September 27, 1997

The End of Life is not a Special-Interest Issue | August 4, 1997

Price of Religious Liberty is Oddity | June 9, 1997

States, Feds and Doctors Tangle in Drug War | April 14, 1997

Gagging Physicians: Abortion versus Marijuana | April 3, 1997

Is Summary Disposition Cowardly Avoidance? | March 3, 1997

Death Penalty Reprieve Still Hangs Up Prisoner | January 27, 1997

The Perils of Being a Juror with a Conscience | December 23, 1996

A Fine Line Between Suborning and Encouraging | September 23, 1996

Star Chamber Redux: Secret Court in America | August 19, 1996

Secret as a Confession? | July 1, 1996

Paying the Piper Who Protects Our Freedoms | April 29, 1996

Cyber Speech at Risk | March 4, 1996

P.C. Gags Fair Harvard | January 8, 1996

American Family Values | January 13, 1995

Simpson Jury Sends a Subtle Message on Race | October 10, 1995

Free Exercise Revisited (On Waco) | September 11, 1995

Net Ignorance is Bliss | July 24, 1995

Is It Paranoia or Fear? | July 22, 1995

Tale of Two Parades: Gays, St. Patrick's Day and Culture War | March 27, 1995

Use of Informers Hurts Accuseds' Rights | January 30, 1995

'Fighting Words' Redux | December 12, 1994

The NACDL Champion

Reflections on the Jeffrey MacDonald Case | May 2013

The Decline and Fall of Mens Rea (TFD excerpt) | September/October 2009

Starr Teachers (Coauthored with Andrew Good) | August 1999

The Need For A Clean Sweep At The Department Of Justice | July 1993

Civil Uses of RICO (Coauthored with Charles W. Rankin) | April 1981

New Boston Post

Hate Speech and the First Amendment | September 2, 2015

The New York Daily News

Alex Jones belongs in the light | August 8, 2018

The New York Post

Scenes from the struggle for free speech on campus | November 7, 2017

Rachel's Law (Coauthored with Sam Abady) | February 25, 2008

THE NEW YORK TIMES

A Special Prosecutor Is a Bad Idea With Unanticipated Consequences | December 5, 2014

The New York Times Book Review

Sects and Drugs (Book Review) | April 15, 2001

The Philadelphia Inquirer

Testing the Bounds of Intimidation at Swarthmore | January 27, 1994

POLITICS TODAY

Crime and Punishments (Review of Criminal Violence, Criminal Justice by Charles E. Silberman) | November/December 1978

Princeton Alumni weekly

Princeton falls short on protecting free speech (Coauthored with Samantha Kors Harris) | October 26, 2011

Quillette

A World Without Affirmative Action | January 16, 2023

Bloated College Administration Is Making Education Unaffordable | November 2, 2022

Walkout at Milton Academy | August 8, 2022

Science and Civil Liberties: The Lost ACLU Lecture of Carl Sagan | July 1, 2022 (re-printed in Skeptical Inquirer Nov./Dec. 2022 issue)

The Real Paper

Inquiry into Judge Keating Warranted |August 25, 1979

Proposed Carter Nominee Under Fire | August 11, 1979

Don't Believe All You Read | August 4, 1979

Mistaken Identity? | July 21, 1979

Tossing a Lousy Hot Potato to Courts | July 14, 1979

Suing the Court on Discrimination | June 30, 1979

The Reality of a Criminal Trial | June 23, 1979

Follow That Case | June 16, 1979

Investigation of DA Needed in Blackfriars Case | April 28, 1979

Can Bellotti and King Undo Prison Rights Decision? | April 21, 1979

Bad Boy Roy Slapped Hard by the SJC | March 24, 1979

The Scott Case: Bad News for McKenney | March 10, 1979

Culling the Cults (LTE "In Defense of Cults" | January 20, 1979

Mental Health Youth Lock-ups Resurrected | January 13, 1979

In Defense of Cults | December 16, 1978

Organized Crime Overkill | December 2, 1978

Frank Bellotti: Election Year Prosecutions | November 11, 1978

The Story of White's Waterfront Past | October 21, 1978

The Lessons of Injustice | July 1, 1978

Knowing Bonin by His Enemies | April 22, 1978

Prisoners' Rights (LTE "Prisoners' Rights and Wrongs") | April 22, 1978

Judge McKenney's Lament | April 15, 1978

How Judge McKenney Beats Bail Reform | March 18, 1978

Prisoners' Rights and Wrongs | February 25, 1978

The Other Case Against Judge Bonin | December 24, 1977

How Richard Helms Did In the Government | November 26, 1977

The U.S. Courts as Political Bullies | November 12, 1977

Blowing Court Reform | October 22, 1977

Dissecting the Anti-Burnham Brigade | June 4, 1977

Witnesses for the Prosecution | February 26, 1977

Sexist Silverglate (LTE "The Prosecutorial Game") | January 1, 1977

Busting Coke | November 27, 1976

Cruel and Unusual Judgement | July 28, 1976

Toward a Jury of One's Peers | June 23, 1976

Hearst and the Harrises | June 2, 1976

A New Drug Crime | May 12, 1976

Bar Association Bar | April 21, 1976

How Bailey Blew The Hearst Case | March 31, 1976

The Case Against the New Gun Control Law | February 18, 1976

Real Paper Guide to... (Labeling Harvey a "Dark Horse" in the Mass Bar) | December 24, 1975

Reason

When Everything Is a Crime: Harvey Silverglate on the Overregulation of Ordinary Life | June 15, 2015

Preserving Justice By Saying No | February 2, 2013

What You Don't Know Can Hurt You: The peril of vague criminal statutes | July 2011

Why did Luttig Quit? | May 2006

Who Should Reign Supreme? (Contributor) | July 2005

Civil Liberties and Enemy Combatants | January 2005

Starr Teachers (Coauthored with Andrew Good) | May 1999

Who's gagging campus speech -- and why? (Coauthored with Alan Charles Kors) | November 1998

Ridgewood (N.J.) Herald-News

Area People Join March Demanding Civil rights (Harvey's coverage of the March on Washington for Jobs and Freedom, where Dr. Martin Luther Kind delivered his famous "I Have A Dream" speech) | August 29, 1963