General Writing

Opinion Pieces

The Freest Man in the World” Politically Speaking, July 31, 2022.

Do Conservatives Love America,” Politically Speaking, July 17, 2022.

Toddler Shoots Hole In Gun Rights Slogan,” Politically Speaking, July 2, 2022.

Does Raising the Minimum Wage Increase Unemployment?” Politically Speaking, February 1, 2021.

Just Because Political Parties can Gerrymander Doesn’t Mean They Should,” The Lexington Herald-Leader, February 16, 2022.

On Gun Rights, Supreme Court ‘Originalists’ Don’t Look at ‘Original’ History of Guns,” The Lexington Herald-Leader, November 19, 2021.

According to History, Raising the Minimum Wage Doesn’t Lead to Job Losses,” The Lexington Herald-Leader, February 12, 2021.

Red America Focuses on God, Gays, Guns. Blue America Gets Back to Business,” The Lexington Herald-Leader, November 27, 2020.

“’Subject to the Common Good’ and ‘Liberty Regulated by Law’ are Why We Have Mask Mandates, The Lexington Herald-Leader, August 11, 2020.

“Climate Change Science is so Simple, Even a 16-year-old Can Understand It,” The Lexington Herald-Leader, October 2, 2019.

Intolerance Will Not Make America Great,The Lexington Herald-Leader, August 24, 2018.

After Decades of Anti-Government Rhetoric, We Reap What We Sow,” The Lexington Herald-Leader, July 26, 2018.

Understanding Kentucky Governor Matt Bevin Requires Knowledge of Conservative Principles,” The Lexington Herald-Leader, April 3, 2018.

Blaming Video Games for Gun Violence is an Attack on the Free Market,” The Lexington Herald-Leader, March 2, 2018.

Supreme Court Legislating from the Bench with Trump Travel Ban Ruling,” The Lexington Herald-Leader, July 5, 2017.

Democrats had small plans but no vision for rebuilding the Heartland Economy,” The Lexington Herald-Leader, November 16, 2016.

True Conservatism Rooted in History,” The Lexington Herald-Leader, April 22, 2016

The Two-Party System is Destroying America,” The Hill, January 28, 2016.

Big Economic Theory Underpinning Libertarian Economics is Total Baloney,” Alternet, Posted February 2, 2015.

Making Sense of Ferguson,” CounterPunch, Posted January 9, 2015.

A Brief History of Censorship,” The Lexington Herald-Leader, May 19, 2014.

How Third Parties Can Break Partisan Gridlock,” The Lexington Herald-Leader, September 28, 2013.

Term Limits Without Drawbacks,” The Lexington Herald Leader, January 26, 2013.

A Brief History of Economic Insecurity,” The Lexington Herald-Leader, March 27, 2012.

Merging Kentucky Counties,” The Lexington Herald-Leader, June 15, 2010.

Their Pledge, And Ours,” Intervention Magazine, Posted June 18, 2006.

Wrong About Abortion, Wrong About Human Nature,” Intervention Magazine, Posted May 19, 2006.

The New Lord Protector,” Intervention Magazine, Posted January 16, 2006.

Strict Construction versus Intelligent Design,” Intervention Magazine, Posted January 6, 2006.

The ‘No One Could Have Predicted’ President,” Intervention Magazine, Posted October 7, 2005.

Time to Reward the Wealthy, Again,” Intervention Magazine, Posted August 31, 2005.

GOP Tort Reform Abandons Principles of States’ Rights, Commentary, The Lexington Herald-Leader, March 21, 2005.

Friend Abroad, Enemy at Home,” Intervention Magazine, Posted March 10, 2005.

The Hell With Federalism,” Intervention Magazine, Posted February 21, 2005.

For Domestic Consumption Only,” Intervention Magazine, Posted January 30, 2005.

America’s Founding Principles in Peril,” Intervention Magazine, Posted January 16, 2005

Bush Math: Or When is 4 Percent Really 32 Percent?” Intervention Magazine, Posted January 6, 2005.

Winning The Hispanic Vote,” Intervention Magazine, Posted December 12, 2004.

“The Road to Recovery,” Intervention Magazine, Posted November 25, 2004.

Dancin’ With the One That Brung Ya,” Intervention Magazine, Posted November 23, 2004.

Aid and Comfort: How the West Wins, Despite Being More Transparent and Self-Critical,” The Gadflyer, Posted August 11, 2004.

Bush Ignores the Cost of Freedom,” Intervention Magazine, Posted June 25, 2004.

The High Price of Freedom,” Axis of Logic, Posted June 11, 2004

Tortured Logic,” Common Dreams, Posted May 5, 2004

“Which Tradition, Marriage or Equality?” Intervention Magazine, Posted April 7, 2004

The Bush Administration Before September 11,” The Democratic Underground, Posted March 26, 2004

Its All Jefferson’s Fault,” Commentary, The Lexington Herald-Leader, February 23, 2004 (Published as “Marriage Laws Should Treat All Americans Equally.”)

What Would Jesus Do About Homosexuality?” Commentary, The Lexington Herald-Leader, November 3, 2003 (Published as “Don’t Use Bible to Deny Gay Rights.”)

“Aren’t We All Conflicted?” Commentary, The Lexington Herald-Leader, September 22, 2003. (Published as: “Overstreet’s Removal Violates Common Sense.”)

“With Friends Like Larry Flynt, the First Amendment Doesn’t Need Enemies” Guest Column, Washington Journal, May 15, 1997. (Published as: “First Amendment is Fundamentally Important and Must be Protected.”)

Welfare Protects Society, Not Just the Poor,” Guest Column, The Spokesman Review, June 11, 1995.

Short Stories

Honeymoon on the Key,” Perigee, Posted April 15, 2006

Suspicion,” Ascent, Posted May 1, 2005.

Theory,” Thunder Sandwich, Issue 24, Posted January 1, 2005.

Bubbling With Pleasure,” The First Line, Winter 2004.

Book Reviews

Unequal Democracy: The Political Economy of the New Gilded Age,” The Federal Lawyer, October 2009.

Einstein: His Life and Universe,” 89 Journal of the Patent and Trademark Office Society 826 (October 2007).

The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy,” The Federal Lawyer, August 2006.

Lowering the Bar: Lawyer Jokes and Legal Culture,” The Federal Lawyer, May 2006.

Speaking Freely: Trials of the First Amendment,” The Federal Lawyer, January 2006.

“Speaking Freely: Trials of the First Amendment,” Intervention Magazine, Posted May 27, 2005.

“Electronic Evidence and Discovery,” The Federal Lawyer, May 2005.

“Open Source Licensing: Software Freedom and Intellectual Property Law,” The Federal Lawyer, November/December 2004.

“Black Inventors in the Age of Segregation,” The Federal Lawyer, July 2004.

Adversarial Legalism: The American Way of Law,” The Federal Lawyer, March/April 2004.

Mugged by the State: Outrageous Government Assaults on Ordinary People and Their Property,” The Federal Lawyer, March/April 2004

What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States,” The Federal Lawyer, August 2002.

Arming America: The Origins of a National Gun Culture,” The Federal Lawyer, January/February 2001.
Retraction: “Arming America: The Origins of a National Gun Culture,” The Federal Lawyer, October 2002.

Legal Publications

The Fight Goes on Forever: “Limited Government” and the First Bank of the United States,” 39 Southern Illinois University Law Journal 391 (2015)

The America Invents Act,” Kentucky Bar Association, Bench and Bar “Hot Topics.” November 2011.

Authorship and Inventorship,” 17 Annals of Neuroscience 4 (2010)

Not for Entertainment Only: Fair Use, and Fiction as Social Commentary,” UCLA Entertainment Law Review (2009).

An Unenumerated Right: Two Views on the Right of Privacy,” 40 Texas Tech Law Review 249 (2008) (with Judge Harold R. DeMoss, Jr.).

“How the Seizure of Counterfeit Goods Can Go Bad,” 3 Minnesota Intellectual Property Review 59 (2002).

“Intellectual Property Crimes,” 9 Albany Law Journal of Science & Technology 235 (1999).

“Criminal Punishment of Trade Secret Theft,” A.B.A. Intellectual Property Law Newsletter,
Spring 1997.

“The Economic Espionage Act of 1996: Punishing Trade Secret Theft,” Washington State Bar News, September 1997.