A. California Supreme Court
B. Criminal Law and Procedure
C. Death Penalty
D. Drug Abuse
E. Judicial Selection and Independence
F. Legal Ethics
G. Legal History
H. Legal Humor
I. U.S. Supreme Court
J. O.J. Simpson Trial
K. Miscellaneous Commentary
L. Tributes
M. Theatrical Productions


Opinion: Dissent, “Supreme Court Reform: Diversion Instead of Division,” 11 Pepperdine L.Rev. 5 (1983).

“Death Penalty Laws and the California Supreme Court: A Ten Year Perspective,” 25 Crime and Social Justice 78 (1987).

“The Know-Nothing Justices on the California Supreme Court,” Western Legal History, Vol. 2 No. 1 Winter/Spring (1989).

“Review of Death Penalty Judgments by the Supreme Courts of California: A Tale of Two Courts,” 23 Loy. of L.A. L.Rev. 237 (Nov., 1989).

“Depublication,” Los Angeles Lawyer (magazine of L.A. Co. Bar Assoc.) Aug./Sept., 1990.

“Judicial Reform and Insanity in California – A Bridge Too Far,” Prosecutor’s Brief (magazine of California District Attorneys Assoc.), May/June, 1979.

“Three-strikes Decision: State Supreme Court Shows that it’s Tough on Legislative Sloppiness,” San Jose Mercury-News, June 23, 1996.

“Tracking the Splits: Fault Lines on the George Court,” California Litigation, Winter, 1998.

“Sizing Up Justice Moreno,” California Litigation, Fall, 2003.

California Lawyer Magazine:

“Lucas Court: First Year Report,” June, 1988, p. 30.
“Mainstream Justice: A Review of the Second Year of the Lucas Court,” July 1989, p. 37.
“Losing Steam; California Supreme Court: The Year in Review,” June, 1990, p. 33.
“The Disappearing Dissenters,” June, 1991, p. 34.
“Plunging Into the Political Thicket,” June, 1992, p. 31.
“Waiting for Thunderclaps,” June, 1993, p. 29.
“The Lucas Legacy,” May, 1996, p. 29.
“Seizing the Center,” July, 1997, p. 34.
“Playing Center,” July, 1998, p.45.
“Mosk’s Top Ten Opinions,” April, 1999, p. 46.
“Shifting the Balance,” July, 1999, p. 54.
“Taming the Initiative,” August, 2000, p.46.
“Friends of the Court,” December,2000, p. 21.
“Courtly Manners,” July, 2001, p. 37.
“All in the Family,” November, 2001, p. 21.
“After Mosk,” July, 2002.
“The Seven Year Itch,” July, 2003, p. 22.

Los Angeles Times Op-Ed Page:

“A Shift in Style or an Ominous Warning?,” December 16, 1985.
“Color Our New Court Bland,” January 7, 1987.
“When Law Is in Doubt, Bring out the Canons,” March 9, 1988.
“The Lucas Court is Suffocating,” May 9, 1988.
“Will ‘Judicial Restraint’ Court Defer on Minimum Wage?” September 7, 1988.
“Depublication: The Court Makes Un-Cases,” September 12, 1989.
“A Cure for the Court’s Death Row Burnout” November 29, 1989.
“Does Laming the Legislature Upset the Constitution?,” November 13, 1990.
“California, of all States, Needs a Court in Full Color,” June 5, 1991.
“At the Highest Level, the Bar Could Use Civility Lessons,” May 10, 1996.
“Bigger Court Won’t Be Speedier,” July 12, 1998.

Los Angeles and San Francisco Daily Journal:

“The Agony and the Irony: The Political Decisions of The Lucas Court,” Daily Journal Report, June, 1992.
“How the Justices Stack Up,” Daily Journal Report, June 4, 1993.
“Trashing the Chief Justice,” Open Forum, Nov. 24, 1993.
“FAX From the Future,” Open Forum, Jan. 12, 1994.
“The Lucas Court’s Seventh Year: Achieving a Balanced Menu,” Daily Journal Report, June 8, 1994.
“The Lucas Court’s Eighth Year: Coming Back to Life,” Daily Journal Report, June 14, 1995.
“Term of Transition: An Analysis of the Ninth and Final Year of the Lucas Court,” May 13, 1996.
“Record Numbers,” July 22, 1998.
“Capital Expenditure,” July 30, 1998.
“Runs and Hits but No Errors,” Sept. 13, 1999.
“He Was No Roger Maris,” Oct. 18, 1999.


The Preliminary Hearing in the District of Columbia, Lerner Law Book Co., Wash., D.C., 1967 (Co-author).

Criminal Defense Techniques, Matthew Bender, 1979.
Authored the following chapters of this six volume treatise:

Chapter 17: “Competency to Stand Trial”
Chapter 26: “Prior Conviction Impeachment”
Chapter 46: “Vacation of Illegal Sentences”

“Federal Sentencing Reform: The Emerging Constitutional Issues,” in Constitutional Government in America, Carolina Academic Press, 1979.

“Post-Conviction Relief for Federal Prisoners Under 28 U.S.C.,” 2255, 69 W.Va.L. Rev. 277 (1967).

“Varieties of Police Policy: A Study of Police Policy Regarding the Use of Deadly Force in Los Angeles County,” 6 Loy. (L.A.) L.Rev 1 (1973).

“Proof of Aggravation Under the California Uniform Determinate Sentencing Act: The Constitutional Issues,” 10 Loy. (L.A.) L.Rev 725 (1977). (Also published as “Article of Special Interest” in West’s California Reporter Advance Sheets, 140 Cal. Rptr. No. 5, Oct. 10, 1977).

“Testing the Assumptions of Neil v. Biggers: A Classroom Experiment in Eye-Witness Identification,” 16 Crim. Law Bull. 358 (July, 1980).

“The Psychiatrist, the Sociopath and the Courts: New Lines for an Old Battle,” 14 Loy. (L.A.) L.Rev. 1 (1980)

“Searches of Business Offices for Intermingled Documents,” Criminal Defense (Magazine of Natl. College for Crim. Defense), Nov./Dec., 1981.

“Prop. 8 Casts Uncertainty Over Vast Areas of Criminal Law,” California Lawyer, July/Aug., 1982, p. 43.

“Making Sense out of the California Criminal Statute of Limitations,” 15 Pacific L.J. 35 (1983).

“The Good Faith Exception to the Exclusionary Rule,” 6 Whittier L.Rev. 979 (1984).

“Striking Jurors Under Batson v. Kentucky,” ABA Criminal Justice, Fall, 1987.

“Litigating Retroactivity Issues Under Proposition 115,” Calif. Crim. Def. Practice Reporter, July, 1990, Vol. 10, No. 7, p. 217.

“The California Constitution After Proposition 115,” 3 Emerg. Issues in State Const. Law 33 (1990).

“Replacing the Exclusionary Rule with No Fault Insurance,” Calif. Crim. Def. Practice Reporter, March, 1992, Vol. 12, No. 3, p. 81.

“Federal Sentencing Guidelines: A Cure Worse than the Disease,” 29 Am.Crim.L.Rev. 899 (1992).

“Victim’s Rights in California,” 8 St.John’s J. Of Legal Commentary 197 (1992).

“2001: A Train Ride: A Guided Tour for the Sixth Amendment Right to Counsel,” 58 Law & Contemp. Probs. 13 (1995).

“The Anonymous Jury: Jury Tampering by Another Name?”, A.B.A. Criminal Justice, Fall, 1994.

“Do Lawbreakers Have Too Many Rights?: Gaining Convictions Is Actually Easier Today,” Syndicated Column for Catholic News Service, June, 1996.

Los Angeles Times Op-Ed Page:

“The State Must Never ‘Search or Seize’ Our Private Thoughts,” July 1, 1984.
“Preliminary Hearings, Tainted Juries and Public Rights,” February 26, 1986.
“The Nincompoops Aren’t in the Jury Box,” October 19, 1991.
“Three Strikes and a Balk: Beneficial Statutory Clinker,” April 25, 1994.
“Why Some Juries Judge the System,” Jan. 24, 1996.
“What’s a Fair Price for a Fair Trial?,” March 18, 1998.
“Starr’s Legacy May Include a New Privilege,” April 23, 1998.
“Be Careful of a Wolf in Sheep’s Clothing,” March 3, 2000.
“Ghost of a Tribunal Should Haunt Ashcroft,” Dec. 17, 2001.


“The Hanging Judge of Arkansas,” National Law Journal, October 19, 1981, p. 11.

“A Concise History of Capital Punishment in California,” Forum (Magazine of Calif. Attys. for Crim. Justice) Sept./Oct., 1981.

“Capital Punishment,” in Encyclopedia of the American Presidency (Simon and Schuster, 1994).

“The California Habeas Corpus Resource Center: Defining The Goal,” 26 C.A.C.J. Forum, No. 1, p.47 (1999).

“Landmark Study Reveals a ‘Broken’ Justice System,” San Francsico Daily Journal, July 21, 2000.

Los Angeles Times Op-Ed Page:

“The Death Penalty Costs Too Much,” July 27, 1983.
“Death Penalty Issue is Alive and Well,” May 15, 1985.
“Death Penalty: Blame Briggs, Not Court, April 22, 1986.
“If Defendant Concedes Guilt, Why Delay Death Penalty?” July 16, 1986.
“Finding the Fair Interval Between Sentencing, Death,” May 17, 1990.
“Oops! Three Strikes, Death Penalty Out,” March 4, 1994.


Drug Abuse and the Law, West Pub. Co., 1982 (2nd Edition). (Co-authored with Dr. Victor Haddox.) (Updated Annually). [Click here to order this book].

“Should Heroin Use Be Decriminalized?” in Critical Issues in Criminal Justice, Carolina Academic Press, 1979.

“Controlled Substance Abuse,” Encyclopedia of the American Constitution (Macmillan Publishing Co., 1990).

“California’s New Marijuana Law: A Sailing Guide for Unchartered Waters,” Calif. St. Bar Jrnl. (California Lawyer) Jan./Feb., 1976 (51:27).

“Providing Legal Services to the Addict: An Experimental Law School Clinical Program,” 6 Contemp. Drug Probs. 3 (1977). Co-authored with Jane Wolf-Eldridge.

“Sentencing Narcotics Offenders in Great Britain and the United States: A Comparison,” 9 J. of Drug Issues 491 (Fall, 1979).

“Prescribing Narcotics to Habitual and Addicted Narcotic Users,” 133 Western J. of Medicine 539 (Dec. 1980). Co-authored with Dr. Forest S. Tennant, Jr.

“Cultivation of Marijuana Under the Uniform Controlled Substances Act: Shallow-Rooted Weeds,” 13 J. of Psychedelic Drugs, 247 (Fall, 1981).

“Narcotic Maintenance for Chronic Pain Relief: Medical and Legal Guidelines,” 73 Postgraduate Medicine 81 (Jan. 1983). Co-authored with Dr. Forest S. Tennant, Jr.

“Symposium, Punishing Drug Offenders: International and Comparative Perspectives,” 13 J. Drug Issues, No. 3 (Summer, 1983). Guest Editor

“The Impact of Drugs Upon Sentencing Policy,” 44 St. Louis Univ. L. J.359 (Spring, 2000).

“A Defense Lawyer’s Guide to Proposition 39,” CACJ Forum, Vol. 28, No. 1, p. 37 (2001).

“Formulating Rational Drug Policy in California,” 33 McGeorge Law Review 769 (Summer 2002).

“Compassion and Common Sense,” San Jose Mercury-News, July 23, 1999.

“High Court Ignores Suffering,” San Francisco Chronicle, May 20, 2001.

Los Angeles Times Op-Ed Page:

“G-Men, Guns Blazing, Won’t Solve Local Drug Problems,” April 10, 1989.
“A New Czar Means Same Old Folly in the Drug War,” December 11, 1990.


“Elected Judiciary,” Encyclopedia of the American Constitution (Macmillan Publishing Co., 1990).

“Supreme Court Retention Elections in California,” 28 Santa Clara Law Review 335 (1988).

“Will Reagan Go ‘Judge-Shopping?’,” National Law Journal, December 29, 1980, p. 13.

“Recalling 1932: The Bench Preserved,” Los Angeles Lawyer, February, 1983

“Judging the Supreme Court Judges,” Los Angeles Lawyer, May, 1986.

“Standards for Judicial Retention Elections,” The Docket, Sept/Oct, 1986.

“The Biltmore Debate: Should the Justices Be Retained?,” The Supreme Court Project, May 29, 1986.

“Standards for Judicial Retention Elections in California,” Proceedings and Papers of the Chief Justice Donald R. Wright Memorial Symposium on the California Judiciary, Senate Office of Research, September, 1986.

“The Politicization of Our Courts: The Crocodile in Our Bathtub,” California Litigation, Winter, 1992.

“Crocodiles in the Bathtub: Maintaining the Independence Of State Supreme Courts in the Era of Judicial Politicization,” 72 Notre Dame L. Rev. 1133 (1997).

“The Fattest Crocodile: Why Elected Judges Can’t Ignore Public Opinion,” ABA Criminal Justice, Spring, 1998.

“Justices and Politics Don’t Mix,” California Bar Journal, October, 1998.

“A ‘Death-Qualified’ Judiciary,” California Lawyer Magazine, September, 1999, p. 27.

“How to Soften the Judicial Mettle,” San Francisco Daily Journal, October 14, 1998.

Los Angeles Times Op-Ed Page:

“Don’t Plunge Judges Into Political Thicket,” September 19, 1984.
“Assault on the Court,” January 30, 1985.
“Shopping for Judges, California Style,” September 30, 1986.
“In Politicizing the Courts, We’re Buying and Selling Justice,” October 16, 1987.
“Nation’s Judges Fear Specter of Dread 5th Vote,” September 13, 1990.
“Judges Hear Crocodiles Snapping,” Feb. 19, 1997.
“Chief Justice George’s Mistaken Case of Identity,” Feb. 25, 1998.


“Sharing Privileged Information Among Co-counsel: The Limits and Risks of the ‘Joint Defense’ Privilege,” Champion, August, 1984.

“Simmering on the ‘Back Burner’: The Challenge of Yarbrough,” 19 Loy.(L.A.) L.Rev. 285 (1985).

“Converting Retained Lawyers Into Appointed Lawyers: The Ethical and Tactical Implications,” 27 Santa Clara Law Review 1 (1987).

“Disqualification of Judges for Campaign Support or Opposition,” 3 Geo. J. of Legal Ethics 419 (Winter, 1990).

“Mortal Decisions: Who Decides?,” Issues in Ethics, Vol. IV, No. 2 (Summer/Fall, 1991).

“An Ethical Fairy Tale,” 29 Loy.(L.A.)L.Rev. 1685 (1996).

“Lord Brougham’s Bromide: Good Lawyers as Bad Citizens,” 30 Loy.(L.A.)L.Rev. 119 (1996).

“The Exploitation Game,” San Jose Mercury-News, January 12, 1997.

“Leaks, Gags and Shields: Taking Responsibility,” 37 Santa Clara L.Rev. 943 (1997).

“Judge Ware, Like Hugo Black, Could Still Serve Us Well,” San Jose Mercury News Commentary, Nov. 11, 1997.

“Fighting Fire With Fire: Reflections on the Ethics of Clarence Darrow,” 71 Fordham Law Review 1543 (March 2003).

California Lawyer Magazine:

“Conflicts and Criminal Malpractice: The Titanic Cases,” December, 1979 (54:504).
“Attorneys as a Public Resource,” Jan., 1984, p. 9.
“The Ironies of Yarbrough,” Sept., 1987, p. 120.

California Litigation (Quarterly of Litigation Section, California State Bar):

“Playing ‘Godfather’ in Settlement Negotiations,” Fall, 1990.
“Ethics in the Horseshed: Guidelines for Interviewing and Preparing Witnesses,” Spring/Summer, 1991.
“Making Yourself a Target: The Ethics of Lawyer Marketing,” Fall, 1993.

Los Angeles Times Op-Ed Page:

“Van de Kamp Case: Must Lawyer Tell on his Client?,” November 17, 1982.
“Mandatory Pro Bono Work is Not the Route to Justice for Indigents in Civil Cases,” February 28, 1989.
“Not All News Leaks Deserve Law’s Shield,” Dec. 30, 1996.


“Legal Landmarks of San Diego,” Dicta, December, 1980.

“A Lawyer’s Tour of Old Sacramento,” California Lawyer, Sept., 1982, p. 44.

“Legal Landmarks of Santa Clara County,” In Brief, Spring, 1987.

Book Review, Grand Inquests by William H.Rehnquist, Champion Magazine, Jan./Feb. 1993.

Book Review, Learned Hand, the Man and the Judge by Gerald Gunther, San Jose Mercury News, April 24, 1994.

Book Review, Chief Justice: A Biography of Earl Warren by Ed Cray, San Jose Mercury News, June 8, 1997.

Book Review, Big Trouble by J. Anthony Lukas, The Political Collector, April, 1998.

Book Review, The Murrow Boys by Stanley Cloud and Lynne Olson, The Political Collector, October, 1998.

Book Review, Summer for the Gods: The Scopes Trial and America’s Continuing Debate Over Science and Religion, by Edward J. Larson, Champion Magazine, April, 1998.

“The Trials of Two Centuries: Lizzie Borden Meets O.J. Simpson,” 24 A.B.A. Litigation, No.2, p. 57 (Winter, 1998).

“Who Is the Lawyer of the Century?”, 33 Loyola (L.A.) L. Rev. 613 (Jan. 2000).

American Bar Association Journal:

“A Lawyer’s Walking Tour of San Francisco,” Aug., 1982 (68:958).
“A Lawyer’s Guide to Historic Sites in Atlanta,” Aug., 1983 (69:1052).
“Clarence Darrow’s Chicago,” Aug. 1984 (Annual Meeting Special).
“Washington’s Infamous Trials,” July, 1985 (Annual Meeting Special).

Los Angeles Lawyer (Magazine of L.A. Co. Bar Assn.):

“Legal Landmarks of Los Angeles,” January, 1980.
“L.A.’s Statuesque Past,” November, 1980.
“Memorable Murder Trials of Los Angeles,” March, 1981.
“Tales From the Federal Courthouse,” November, 1981.
“Legal Landmarks of Orange County,” September, 1983.

Criminal Defense (Magazine of Nat’l College for Criminal Defense):

“Moman Prueitt, Criminal Lawyer,” May/June, 1982.
“William Howard Taft and the Tom Campbell Riots,” July/Aug., 1982.
“Mark Twain, Courtroom Critic,” Sept./Oct., 1982
“The Trial of the Century?,” Nov./Dec. 1982.
“The Murder Trial of Carlyle Harris,” Jan./Feb.1983
“The Lawyer Who Saved Clarence Darrow,” May/June, 1983.


Disorderly Conduct, W. W. Norton & Co., 1987 (co-authored with Rodney Jones and Charles Sevilla). [Click here to order this book].

Supreme Folly, W.W. Norton & Co., 1990 (co-authored with Rodney Jones).
[Click here to order this book].

“Id.,” 1992 B.Y.U. L.Rev. 335 (1992).

“Plain Yiddish for Lawyers,” American Bar Association Journal, June, 1985 (71:78).

“Confessions of a Former Freeway Fibber,” Los Angeles Times, December 14, 1986.

“Alas, Judge Souter Won’t Read This,” New York Times, Sept. 17, 1990.

“The Care and Feeding of T.V. Court Critics,” 17 Nova [Humor in the] Law Review 825 (1993).

“The Jurisprudence of Yogi Berra,” 46 Emory L.J. 697 (1997) (With 38 Co-authors).

“Sandra, Clarence, Larry, Curly and Moe,” The Advocate, September, 1997.


“The Influence of the Solicitor General Upon Supreme Court Disposition of Federal Circuit Court Decisions: A Closer Look at the Ninth Circuit Record,” 69 Judicature 360 (1986).

“Justice Thurgood Marshall and the Death Penalty: A Former Criminal Defense Lawyer on the Supreme Court,” 26 Ariz.State L.J. 403 (1994).

Champion (Magazine of Natl. Assoc. of Crim. Defense Lawyers

“When Supreme Court Justices Enlist in a War,” April, 1991.
“2001: A Bus Trip,” July, 1992.
“The Cases Thurgood Marshall Lost,” Champion, April, 1993.

Los Angeles Times Op-Ed Page:

“A Jurist to Fit Powell’s Shoes,” November 23, 1987 (also ran in Atlanta Constitution).
“4,000 Cases, But We See Only One,” July 23, 1990.
“Sister Emerentia Has the Last Word,” June 30, 1995.


LESSONS FROM THE TRIAL, Andrews & McMeel, 1996. [Click here to order this book].

[Click here to order this book].

“Ethics, Media and the O.J. Trial,” 30 Int. Soc. of Barr. Q. 395 (1995).

“The Five Hardest Lessons of the O.J. Trial,” Issues in Ethics, Winter, 1996.

“Jury Bashing and the O.J. Simpson Verdict,” 20 Harv. J. Of Law & Pub. Policy 475 (1997).

“Lessons From the O.J. Trial,” CACJ Forum, 22:3 (1995).

“O.J.’s Civics Lesson,” Los Angeles Daily Journal Open Forum, Dec. 8, 1994.

“The Verdicts Cannot Be Compared,” San Jose Mercury News, Jan. 26, 1997.

“The Trials of Two Centuries: Lizzie Borden Meets O.J. Simpson,” 24 A.B.A. Litigation, No. 2, p. 57 (Winter, 1998)

Los Angeles Times Op-Ed Page:

“A Plethora of Pejoratives, A Paucity of Perspective,” Feb. 7, 1995.
“Jurors Are Innocent of ‘Message’ Charge,” Oct. 15, 1995


“Random Assignment, Random Justice,” Los Angeles Lawyer, February, 1984.

“Interview of Former Governor Edmund G. Brown,” Forum, July/Aug 1981.

Foreword, California Divorce Handbook, by Judge James W. Stewart. New York: St. Martin’s Press, 1990.

“Taming the Wild Initiative,” Los Angeles Lawyer, May, 1993.

“Interview of Judge Stephen Reinhardt,” CACJ Forum, 21:1 (1994).

“Three Cheers or Two Tiers? Predicting the Future of Our Courts,” 13 California Litigation, No. 1, p. 4 (2000).

Los Angeles Times Op-Ed Page:

“Crime ‘Reform’ Will Pay – For Lawyers,” April 8, 1982.
“Justice by ‘Public Outcry’,” April 19, 1983.
“Where Would We Hide from the Devil?,” March 19, 1990.
“Is What You See What You’ll Get?”, Oct. 26, 1992.
“A Kick In the Pants With Dangerous Ramifications,” Oct. 15, 1993.
“Best Advice to Clinton: Take the 5th Amendment,” July 31, 1998.
“Absolution Means Having to Say You’re Sorry,” August 21, 1998.
“Why Struggle to Defend So Lame a Duck?” September 14, 1998.
“Compartmentalizing the Presidency,” January 13, 1999.

San Jose Mercury News “Commentary”:

“Why Does the Country Need 260 Additional Lawyers?,” August 25, 1986.
“History Shows Where War Fever Would Lead,” March 18, 1991.
“Affirmative Action and the Delusion of Law School Tests,” May 6, 1991.
“Hillary’s No Hurricane,” September 2, 1992.
“So Who Would Want to Be a Lawyer?”, March 28, 1993.
“Legalizing Vietnam,” Nov. 30, 1993.
“The Great Compartmentalizer,” January 24, 1999.


“Lloyd Tevis: The Perfect Mentor,” 24 Loy.(L.A.) L. Rev. 324 (1991).

“Gideon Kanner: The Persistent Advocate,” 24 Loy. (L.A.) L.Rev. 528 (1991).

“Russell W. Galloway, Jr.,” 26 U.S.F.L.Rev. 618 (1992).

“Willy Hall: The Ideal Teacher,” Living City Magazine, May, 1993.

“J. Timothy Philipps,” 51 Wash.& Lee L.Rev. 1149 (1994).

“Walter Trinkaus: The Conversable Professor,” 29 Loy. (L.A.) L.Rev. 1389 (1996).

“Otto Kaus and the Crocodile,” 30 Loy.(L.A.) L.Rev. (1997).

“Justice Stanley Mosk,” 62 Albany L. Rev. 1221 (1999).

“Tribute to Justice Stanley Mosk,” 65 Albany L. Rev. 101 (2002).

“Remembering Stanley Mosk,” CACJ Forum, Vol. 28, No. 3, p. 22 (2001).

M. Theatrical Productions

BRYAN: A ONE MAN PLAY, Performed at Omaha Community Playhouse, Omaha and Lincoln, Nebraska (June, 1996); Touchstone Theatre, Chicago, Illinois (August, 1996); Fess Parker Theatre, Santa Clara University, Santa Clara, California (October, 1996).

“Bringing Bryan to Life,” Political Collector, Vol. 26, No. 10 (June, 1997).