Some of his recent scholarly publications include "Detention and Interrogation in the Post-9/11 World," delivered as the Donahue Lecture at Suffolk University Law School in 2008, "Guantanamo and the Conflict of Laws: Rasul and Beyond" (2005), published in the University of Pennsylvania Law Review, "Constitutional Calcification: How the Law Becomes What the Court Does," University of Virginia Law Review (2005), and "Resolving Renvoi: the Bewitchment of Our Intelligence by Means of Language," University of Notre Dame Law Review (2005).