- The Irony of Free Speech
- A War Like No Other: The Constitution in a Time of Terror
- Liberalism Divided: Freedom of Speech and the Many Uses of State Power
- A Way Out: America's Ghettos and the Legacy of Racism
- Troubled Beginnings of the Modern State, 1888-1910 (The Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Vol. 8)