Victims in Criminal Procedure, co-authored with Douglas Beloof & Steve Twist (2d ed., Carolina Academic Press 2005)

Debating the Death Penalty: The Experts from Both Sides Make Their Case, author and co-editor with Hugo Bedau (Oxford Univ. Press 2004)

Victim Impact Statements and Ancillary Harm: The American Perspective, co-authored with Edna Erez, 15 Can. Crim. L. Rev. 149 (2011)

In Defense of Victim Impact Statements, 6 Ohio St. J. Crim. Law 611 (2009)

What's Wrong With Democracy? A Critique of The Supreme Court and the Politics of Death, co-authored with Joshua K. Marquis, 94 Va. L. Rev. In Brief 65 (2008)

In Defense of the Death Penalty, Journal of the Institute for the Advancement of Criminal Justice 14 (Summer 2008)

Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure, 2007 Utah L. Rev. 861

Crime Shouldn't Pay: A Proposal to Create an Effective and Constitutional Federal Anti-Profiting Statute, 19 Fed. Sent'g Rep. 119 (2006)

Recognizing Victims in the Federal Rules of Criminal Procedure: Amendments in Light of the Crime Victims' Rights Act, 2005 BYU L. Rev. 835

The Victim's Right to Attend Trials: The Reascendant National Consensus, co-authored with Douglas Beloof, 9 Lewis & Clark L. Rev. 481 (2005)

Too Severe?  A Defense of the Federal Sentencing Guidelines (and a Critique of the Federal Mandatory Minimums), 56 Stan. L. Rev. 1017 (2004)

The Paths Not Taken: A Critique of the Supreme Court's Decision in Dickerson, 99 Mich. L. Rev. 898 (2001)

Will Miranda Survive? Dickerson v. United States: The Right to Remain Silent, The Supreme Court, and Congress, 37 Am. Crim. L. Rev. 1165 (2000)

The Statute That Time Forgot: 18 U.S.C. Section 3501 and the Overhauling of Miranda, 85 Iowa L. Rev. 175 (1999)

Barbarians at the Gates? A Reply to the Critics of the Victims' Rights Amendment, 1999 Utah L. Rev. 479

The Guilty and the 'Innocent': An Examination of Alleged Cases of Wrongful Conviction from False Confessions, 22 Harv. J.L. & Pub. Pol'y 523 (1999)

Handcuffing the Cops? A Thirty Year Perspective on Miranda's Effects on Law Enforcement, co-authored with Richard Fowles, 50 Stan. L. Rev. 1055 (1998) 

Declining Clearance Rates After Miranda: Coincidence or Consequence?, co-authored with Richard Fowles, 50 Stan. L. Rev. 1181 (1998)

Protecting the Innocent from False Confessions and Lost Confessions And From Miranda, 88 J. Crim. L. & Criminology 497 (1998)

Evidence of Repeated Acts of Child Molestation and Rape: The Need to Reform Utah Law to Insure Admissibility, co-authored with Evan Strassberg, 1998 Utah L. Rev. 145 

Balanced Approaches to the False Confession Problem: A Brief Comment on Ofshe, Leo and Alschuler, 74 Denv. U. L. Rev. 1123 (1997)

Miranda's Negligible Effect on Law Enforcement: Some Skeptical Observations, 20 Harv. J.L. & Pub. Pol'y 327 (1997)

The Costs of the Miranda Mandate: A Lesson in the Dangers of Inflexible, 'Prophylactic' Supreme Court Inventions, 28 Ariz. St. L.J. 299 (1996)

Police Interrogation in the 1990s: An Empirical Study of the Effects of Miranda, co-authored with Bret Hayman, 42 UCLA L. Rev. 839 (1996) 

All Benefits, No Costs: The Grand Illusion of Miranda's Defenders, 90 Nw. U. L. Rev. 1084 (1996)

Miranda's Social Costs: An Empirical Reassessment, 90 Nw. U. L. Rev. 387 (1996)

Search and Seizure Law in Utah: The Irrelevance of the Antipolygamy Raids, 1995 BYU L. Rev. 1

Balancing the Scales of Justice: The Case For and Effects Of Utah's Victims Rights Amendment, 1994 Utah L. Rev. 1373

The Rodney King Trials and the Double Jeopardy Clause: Some Observations on Original Meaning and the ACLU's Schizophrenic Views of the Dual Sovereign Doctrine, 41 UCLA L. Rev. 693 (1994)

The Mysterious Creation of Search and Seizure Exclusionary Rules Under State Constitutions: The Utah Example, 1993 Utah L. Rev. 753

The Supreme Court's Decisions on the Not-So-Peremptory Challenge, Pub. Int. L. Rep. 11 (1992)

Protecting the Innocent: A Response to the Bedau-Radelet Study, co-authored with Stephen J. Markman, 41 Stan. L. Rev. 121 (1988) (reprinted in part in 136 Cong. Rec. S6648 (May 21, 1990) and in A Capital Punishment Anthology (Victor L. Strieb. ed. 1993))

Restrictions on Press Coverage of Military Operations: The Right of Access, Grenada, and 'Off the Record' Wars, 73 Geo. L.J. 931 (1985)

Exemption of International Shipping Conferences from the American Antitrust Laws: An Economic Analysis, 20 New Eng. L. Rev. 1 (1984)

Note, Establishing Violations of International Law: Yellow Rain and the Chemical and Biological Warfare Agreements, 35 Stan. L. Rev. 259 (1983)

A Tribute to Joe Grano: He Kept the Flame Alive, 46 Wayne L. Rev. 1215 (2000) (reviewing Joseph D. Grano, Confessions, Truth, and the Law (1993))

United States v. Wilson, 350 F.Supp.2d 910 (D. Utah 2005) (Sentencing Guidelines should be given heavy weight after Booker; first opinion in the nation interpreting Booker)

United States v. Angelos, 345 F.Supp.2d 1227, 2004 WL 2591971 (D. Utah 2004) (finding mandatory 55-year sentence unjust, cruel, and irrational but nonetheless constitutional)

Benson v. United Brotherhood of Carpenters and Joiners, 337 F.Supp.2d 1275 (D. Utah 2004) (rejecting NLRB's efforts to enjoin union's display of banners)

Doctor John's, Inc. v. City of Roy, 333 F.Supp.2d 1168 (Utah 2004) (rejecting constitutional challenges to sexually oriented business ordinance)

United States v. Croxford, 324 F.Supp.2d 1230 (D. Utah 2004) (first opinion in the country finding federal sentencing guidelines unconstitutional)

United States v. Bedonie, 317 F.Supp.2d 1285 (D. Utah 2004) (lost income restitution required in federal homicide prosecutions), rev'd on other grounds, 410 F.3d 656 (10th Cir. 2005)

Parker v. Olympus Health Care, Inc., 264 F.Supp.2d 998 (D. Utah 2003) (affirming jury verdict of $2.5 million in sexual harassment case)

United States v. Espara-Mendoza, 265 F.Supp.2d 1254 (D. Utah 2003) (previous deported alien felon lacks standing to raise Fourth Amendment challenge)

Improving Restitution in Federal Criminal Cases, Testimony before the Crime, Terrorism, and Homeland Security Subcomm. of the House Judiciary Comm., Apr. 3, 2008 (Washington, D.C.)

Mandatory Minimum Sentencing Practices, Testimony before the Crime, Terrorism, and Homeland Security Subcomm. of the House Judiciary Comm., June 26, 2007 (Washington, D.C.)

Federal Sentencing Practices, Testimony Before the Crime Subcomm. of the House Judiciary Comm., Mar. 16, 2006 (Washington, D.C.)

Victims' Rights under the U.S. Sentencing Guidelines, Testimony Before the U.S. Sentencing Comm., Mar. 15, 2006 (Washington, D.C.)

Booker's Impact on Federal Sentencing, Testimony Before the U.S. Sentencing Comm., Feb. 15, 2005 (Washington, D.C.)

The Effects of Blakely v. Washington on the Federal Judicial System, Testimony before the Senate Judiciary Comm., July 12, 2004 (Washington, D.C.)

Testimony before the ABA Kennedy Commission on the Severity of the Federal Sentencing Guidelines, Nov. 13, 2003 (Washington, D.C.)

The Justice Department's Failure to Enforce 18 U.S.C. Section 3501, Testimony before the Subcomm. on Criminal Justice Oversight of the Senate Judiciary Comm., May 13, 1999 (Washington, D.C.)

The Right of Crime Victims to be Heard Throughout the Criminal Justice Process, Testimony before the Subcomm. on the Constitution of the Senate Judiciary Comm., May 1, 1999 (St. Louis, Missouri)

A Response to the Critics of the Victims' Rights Amendment, Testimony before the Senate Judiciary Comm., Mar. 24, 1999 (Washington, D.C.)

The Victims' Rights Amendment, Testimony before the Senate Judiciary Comm., Apr. 28, 1998 (Washington, D.C.) 

A Constitutional Amendment Protecting the Rights of Crime Victims, Testimony before the Senate Judiciary Comm., Apr. 16, 1997 (Washington, D.C.)

The Victims Bill of Rights Amendment, Testimony before the Senate Judiciary Comm., Apr. 23, 1996 (Washington, D.C.)

The Performance of the Solicitor General's Office in Criminal Cases, Testimony before the Senate Judiciary Comm., Nov. 14, 1995 (Washington, D.C.)

Reforming the Miranda Rules in Federal Courts, Testimony before the Senate Judiciary Comm., Mar. 7, 1995 (Washington, D.C.)

The Role of the Death Penalty in Protecting the Innocent, Testimony before the Subcomm. on Crime of the U.S. House Judiciary Comm., Oct. 21, 1993 (Washington, D.C.)

Claims of Innocence in Capital Cases, Testimony before the Subcomm. on Civil and Const. Rights of the U.S. House Judiciary Comm., July 23, 1993 (Washington, D.C.)

Procedures for Raising Claims of Innocence in Capital Cases, Testimony before the U.S. Senate Judiciary Comm., Apr. 1, 1993 (Washington, D.C.)

Requiring the Admission of Relevant Evidence in Criminal Proceedings, Testimony Before the Utah Senate Comm. on the Judiciary, Feb. 11, 1993; Before the Utah Senate (Comm. of the Whole), Feb. 17, 1993; Before the Utah House Comm. on the Judiciary, Feb. 25, 1993

The Possibility of Mistake in Capital Cases, Testimony Before the U.S. Senate Comm. on the Judiciary, Sept. 28, 1989 (Washington, D.C.)

Habeas Corpus and Capital Punishment Legislation, Testimony Before the Subcomm. on Government Information, Justice, and Agriculture of the U.S. House Comm. on Government Operations, Feb. 26, 1988 (Tallahassee, Florida)

We're Not Executing the Innocent, Wall St. J., June 16, 2000, at A14

Take Technicality Out of Miranda, L.A. Times, Dec. 6, 1999, at B7

Make Amends to Crime Victims, Wall St. J., July 20, 1999, at A22

Sentence Structure, Wall St. J., Oct. 20, 1998, at A16 (reviewing Fear of Justice) 

Embed the Rights of Victims in the Constitution, co-authored with Laurence H. Tribe in L.A. Times, July 6, 1998, at B7

Paying the Highest Price, Wash. Post Book World, Feb. 8, 1998, at A5 (reviewing anti-death penalty books)

Another Law Janet Reno Doesn't Like, co-authored with Paul Kamenar in Wall St. J., Aug. 27, 1997, at A1

The Tale of Victims' Rights,  co-authored with Robert F. Hoyt in Legal Times, Dec. 23, 1996, at 32

A Bill of Rights for Crime Victims, co-authored with Steven Twist in Wall St. J., Apr. 24, 1996, at A15

True Confessions: Miranda's Hidden Costs, co-authored with Steve Markman in National Review, Dec. 25, 1995, at 30

What's Ken Starr Looking For?, Wall St. J., Nov. 1, 1995, p. A15 

How Many Criminals Has Miranda Set Free?, Wall St. J., Mar. 1, 1995, p. A17

A Look Back at the Year in Federal Victim's Rights Law, Keynote Address to the 8th Annual National Conference of the National Crime Victim's Law Institute, June 30, 2009 (Portland, OR)

Enforcing Crime Victims' Rights, Presentation to the Utah Council on Victims of Crime, Annual Crime Victims Conference, Apr. 29, 2009 (Salt Lake City, UT)

The Crime Victims' Rights Movement: A Look Backward, A Look Forward, Keynote Address for the 2009 National Crime Victims' Rights Week Commemoration Ceremony Sponsored by the Oregon Department of Justice, Apr. 28, 2009 (Portland, OR)

Important Principles of Crime Victims' Rights Law, Training Session for Victims' Rights Advocates Sponsored by the U.S. Dept. of Justice Office for Victims of Crime, Oct. 30, 2008 (Charleston, SC)

A Proposed Amendment Allowing Videotaping as a Substitute for Miranda Procedures, Presentation to the Utah Rules of Criminal Procedure Advisory Comm., Oct. 27, 2008 (Salt Lake City, UT)

The Legal Legacy of the Bush Administration, Presentation to the College of William and Mary School of Law, Institute of Bill of Rights Law Annual Preview, Sept. 27, 2008 (Williamsburg, VA)

The Crime Victims' Rights Amendment, Presentation to the Federal Judicial Conference's Annual Sentencing Institute, June 25, 2008 (Long Beach, CA)

Crime Victims' Rights: The View from Behind the Bench and In Front of the Bench, Keynote Address to the 7th Annual National Conference of the National Crime Victim Law Institute, May 31, 2008 (Portland, OR)

Emerging Issues in Crime Victims' Law,  Remarks to the National District Attorney's Training Conference, Apr. 21, 2008 (Chicago, IL)

In Defense of Victim Impact Statements, The Nineteenth Annual Walter C. Reckless-Simon Dinitz Memorial Lecture, Ohio State University, Apr. 7, 2008 (Columbus, OH)

A New Initiative to Protect Victims' Rights in California, Presentation at Stanford Law School, Jan. 25, 2008 (Palo Alto, CA)

The Need to Amend Utah's Exclusionary Rule, Presentation to the Constitutional Revision Commission, Nov. 15, 2007 (Salt Lake City, UT)

Mandatory Minimums and the Crack/Powder Sentencing Disparity, Presentation at Stanford Law School, Sept. 6, 2007 (Palo Alto, CA)

American Sentencing Guidelines in Operation and Practice, Presentation to the State Duma Committee on Constitutional Legislation, Oct. 13, 2005 (Moscow, Russia)

The Role of International Law in American Legal Decisions, Presentation of the University of Utah International Law Society, Sept. 9, 2005 (Salt Lake City, UT)

The Effects of Booker on Federal Sentencing, Panel Discussion for the 2005 National Sentencing Policy Institute, July 11, 2005 (Washington, D.C.)

Recognizing Victims in the Federal Rules of Criminal Procedure, Speech to the Annual Training Conference of the National Crime Victims Law Institute, June 17, 2005 (Portland, OR)

Sentencing After Booker, Panel Presentation for the Sentencing Commission's Annual Conference on Sentence, May 26, 2005 (San Francisco, CA)

Separation of Powers and the American Judicial System, Presentation to the Kharkiv National Law Academy, Mar. 30, 2005 (Kharkiv, Ukraine)

The Victim's Right to Attend Trials: The Re-Emerging National Consensus, Lewis and Clark Law Review Symposium, Mar. 11, 2005 (Portland, OR)

The Sentencing Guidelines After Booker, Presentation to the ABA's Annual White Collar Crime Convention, Mar. 3, 2005 (Las Vegas, NV)

The Effects of Booker v. United States,  Presentation to the ABA National Convention, Criminal Justice Section, Feb. 11, 2005 (Salt Lake City, UT)

The Effects of Blakely V. Washington, Presentation to the Federal Judiciary Center's National Workshop for District Judges, Sept. 20, 2004 (Seattle, WA)

Blakely v Washington, Presentation to the University of New Mexico School of Law Federalist Society, Sept. 10, 2004 (Albuquerque, NM)

Downward Departures after the PROTECT Act, Presentation to the Annual National Seminar on the Federal Sentencing Guidelines, May 20, 2004 (Miami, FL)

Federal Sentencing Practices, Stanford Law Review Symposium, Feb. 20, 2004 (Palo Alto, CA)

Discussion on the U.S. Supreme Court by Justices Antonin Scalia and Stephen Breyer, Moderator, Tenth Circuit Judicial Conference, Sept. 5, 2003 (Jackson, WY)

The Death Penalty, 2001 Oxford-Annenberg Debate, City University of New York, June 14, 2001, (New York, NY)

Member, Utah Bar

Special Counsel, National Crime Victims Law Institute

Special Counsel, Utah Council on Victims of Crime