Published Works:
BOOKS:
- Children in the Legal System, (cases and materials), Foundation Press, second edition, 1997, with Walter Wadlington of the University of Virginia and Samuel Davis of the University of Georgia.
- Criminal Procedure, Foundation Press, third edition, 1992, with Christopher Slobogin of the University of Florida.
- Supplement to Criminal Procedure, Foundation Press, annual.
- Recent Decisions of the United States Supreme Court: 1981-1982 Term, American Academy of Judicial Education (1982); 1982-1983 Term (1983); 1983-1984 Term (1984); 1984-1985 Term (1985); 1985-1986 Term (1986); 1986-1987 Term (1987); 1987-1988 Term (1988); 1988-1989 Term (1989); 1989-1990 Term (1990); 1990-1991 Term (1991); 1991-1992 Term (1992); 1992-1993 Term (1993); 1993-1994 Term (1994); 1994-1995 Term (1995); 1995-1996 Term (1996); 1996-1997 Term (forthcoming, 1997).
- Success in Law School: Exam Taking Techniques, 1989.
- Gilbert's Law Summary: Criminal Procedure, updated annually.
- Encyclopedia of Criminology (New York: MacMillan, 1993), entries on Arrest, Defendant, and Pre-Trial Hearings.
- Encyclopedia of the American Constitution, 2nd edition, Chapters on Discovery, Felony, Indictment, Information, Mere Evidence Rule, Miranda Rules, Misdemeanor, Presentment, probable Cause, Stop and Frisk, Voir Dire (1988-89), and Pre-Trial Identification (1990).
- Constitutional Criminal Procedure, American Academy of Judicial Education, 1978.
- The Marijuana Conviction: A History of the Marijuana Prohibition in the United States, University of Virginia Press, 1974, with Richard Bonnie of the University of Virginia.
- Juvenile Law and Procedure, National Council of Juvenile Court Judges, Juvenile Textbook Series, 1974, with Monrad Paulsen.
- Mass Production Justice and the Constitutional Ideal, Editor, University of Virginia Press, 1969.
ARTICLES:
- "Interrogations in new Haven: The Impact of Miranda," 76 Yale Law Journal 1519 (1967).
- "The Criminal Law and the Mentally Ill in Virginia," (pamphlet) (1969).
- "The Exclusionary Evidence Rule and Other Remedies for Police Misconduct" in Law and Order Reconsidered, Report of the Task Force on law Enforcement of the President's Commission on the cause and Prevention of Violence (1969).
- "Forbidden Fruit and the Tree of Knowledge: An Inquiry into the History of American Marijuana Prohibition," 56 Virginia law Review 971 (October 1970).
- Chapters 2 and 13 in Hackett, Lewis and Pierce, Educational Perspectives in the Drug Abuse Crises (1971).
- "The History of Marijuana Legislation" in "Marijuana: Signal of Misunderstanding," p. 481 (1972), Appendix to the Report of the National Commission on Marijuana and Drug Abuse.
- "Toward a Conceptual Theory of Selective Enforcement" in Appendix to the Second Report of the National Commission on Marijuana and Drug Abuse.
- "Constructive Possession in Narcotics Cases: To Have and Have Not," 58 Virginia Law Review 751 (1972).
- "Juvenile Double Jeopardy," 63 Georgetown Law Journal 857 (1975), with Robert Batey.
- Chapters on Virginia Law and the Uniform Probate Code in L. Newman and R. Wellman, "Comparative Probate STudies," American law Institute/American Bar Association (1977).
- "Transfer Between Courts," Juvenile Justice Standards Project of the American Bar Association and the Institute of Judicial Administration (Reporter) (1977).
- "Transfer Between Courts: Proposals of the Juvenile Justice Standards Project," 63 Virginia Law Review 221 (1977), with Robert Batey.
- "A Forensic Psychiatry Clinic in Evolution," Journal of Psychiatry and Law 423 (Winter 1974), with P.B. Hoffman, M.D. and Robert Showalter, M.D.
- "Juvenile Justice in Virginia," chapter in Virginia Lawyers' Handbook on Marriage, Juvenile Justice and the Parent-Child Relationship (December 1978).
- "Toward a Conceptual Theory of Waiver," chapter in Juvenile Justice by the Academy of Contemporary Problems (Columbia, Ohio: 1980), with Robert Batey.
- "Use of Juries in American Criminal Cases"in Proceedings of the Jury Seminar, University of Alberta, Edmonton, Alberta, Canada (1980).
- "Monrad Paulsen and the Idea of a University Law School," 67 Virginia Law Review 445 (1981), with Michael J. Graetz.
- "Mental Health Implications of the Juvenile Justice Standards," in G. Melton (ed.) Child and Youth Services and the Law (New York: Haworth, 1982), with Stephen J. Morse.
- "Entrapment Defense Offers Little Hope," Los Angeles Times, november 11, 1982.
- "Arrest and Stop, "entry in Encyclopedia of Crime and Justice (New York: The Free Press, 1983).
- "Why are We So Litigious?" Los Angeles Times, December 21, 1983, with John Heilman.
- "Special Feature: The Entrapment Defense," USC Cites (Fall-Winter 1983).
- "Theories of Waiver," Juvenile and Family Court Journal (Summer 1984).
- "Increasing Our Effectiveness Against Crime: Expanding the Limits of law Enforcement," book review of H. Zeisel, The Limits of law enforcement (Chicago: University of Chicago Press, 1983) in 93 Yale Law journal 1399 (1984), with John Heilman.
- "The Burger Court's Counter-Revolution in Criminal Procedure: The Recent Criminal Decisions of the United States Supreme Court," 24 Washburn Law Journal 471 (1985).
- "A Critical Look at the Burger Court and How it has Ushered in the Counterrevolution in Criminal Procedure," 24 Judge's Journal 41 (1985).
- "The Importance of Being Guilty: What's Behind the Burger Court's Criminal Procedure Upheaval?" L.A. Daily Journal, March 11, 1986.
- "The Counterrevolution in Criminal Procedure," 8 National Law Journal s-12 through s-13 (1986), with John Heilman.
- "The Interpretation of Constitutional Rights: Reflections on the Burger Court's Counterrevolution in Criminal Procedure," 1986 Detroit College of Law Review 935 (1986), with John Heilman.
- "The Counterrevolution Enters a New Era: Criminal Procedure Decisions During the Final Term of the Burger Court," 10 Univ. of Pugent Sound law Review 571 (1987), with John Heilman.
- "The Counterrevolution in Criminal Procedure," 9 National Law journal s-6 through s-7 (1987), with John Heilman.
- "Criminal Procedure in the Rehnquist Court's First Term: A Critical Analysis," Prosecutor's Brief 12 (Summer 1987), with John Heilman.
- "The First Term under Chief Justice Rehnquist: Where's the Beef?" 10 Los Angeles Lawyer 12 (October 1987), with John Heilman.
- "The Uniform Probate Code's Nod to the Partnership Theory of Marriage: The 1990 Elective Share Revisions," 11 Probate Law Journal, 125 (1992).
- "People v. Simpson: Perspectives on the Implications for the Criminal Justice System: Free Press v. Fair Trial: Protecting the Criminal Defendant's rights in a highly publicized trial by applying the Sheppard-Mu'Min Remedy" 69 Southern California Law Review, 1587 (1996).