Publications

ARTICLES & BOOK CHAPTERS

The Lawyers Who Mistook the President for their Client, 52 IND. L. REV. 271 (2019)

Deliberation’s Demise: The Rise of One-Party Rule in the Senate, 24 ROGER WILLIAMS L. REV. 46 (2019) (with Charles Tiefer)

Illusory Ethics: Trump’s Ethics Executive Order, 2017 U. ILL. L. REV. ONLINE: Trump 100 Days (April 29, 2017)

Congressional and Presidential War Powers As a Dialogue: Analysis of the Syrian and ISIS Conflicts, 49 CORNELL INTL. L. J. 683 (2016) (with Charles Tiefer)

Restrictions on Giving Gifts to Executive Branch Employees, in THE LOBBYING MANUAL (5th ed. 2016) (with Cheryl Embree)

Financial Rewards for Whistleblowing Lawyers, 56 BOSTON COLL. L. REV. 1697 (2015) (with Nancy Moore)

Faux Transparency: Ethics, Privacy and the Demise of the STOCK Act’s Massive Online Disclosure of Employees’ Finances, in RESEARCH HANDBOOK ON TRANSPARENCY 312-34 (2014) (with Cheryl Embree)

Lawyer Confidentiality, Open Government Laws & Whistleblowing, 21 PUBLIC LAWYER 14 (Summer 2013)

Conflicts, Confidentiality and the Client of the Government Lawyer, 21 PUBLIC LAWYER 11 (Winter 2013)

Direct and Indirect Access to Intelligence Information: Lessons in Legislative Oversight from the United States and Canada, in SECRECY, NATIONAL SECURITY AND THE VINDICATION OF CONSTITUTIONAL LAW 75–94 (2013) (with Nino Lomjaria)

Limited Oversight: Legislative Access to Intelligence Information in the United States and Canada, 6 J. PARLIAMENTARY & POLITICAL L. 523 (2012) (with Nino Lomjaria)

Ethics, Employees & Contractors: Financial Conflicts In & Out of Government, 62 ALAB. L. REV. 961 (2011)

Fiduciary Standards for Bailout Contractors: What Treasury Got Right and Wrong in TARP, 95 MINN. L. REV. 1614 (2011)

ETHICS FOR AN OUTSOURCED GOVERNMENT (Administrative Conference of the United States 2011)

Congress’s Right to Counsel in Intelligence Oversight, 2011 U. ILL. L. REV. 915

“A New Era of Openness?”: Disclosing Intelligence to Congress under Obama, 26 CONST. COMM. 313 (2010)

The Architecture of Accountability: A Case Study of the Warrantless Surveillance Program, 2010 B.Y.U. L. REV. 357

Restrictions on Gifts and Outside Compensation for Executive Branch Employees, in THE LOBBYING MANUAL 513-23 (4th ed. 2009) (with Beth Nolan)

Confidentiality Norms and Government Lawyers, 85 WASH. U.L. REV. 1033 (2007)

  • excerpted in PROBLEMS IN TAX ETHICS (Donald B. Tobin, Richard Lavoie & Richard Trogolo, eds.) (West 2009)

Ethical Issues Raised by the OLC Torture Memorandum, 1 J.NAT’L SECT’Y. L. & POL. 455 (2005)

  • reprinted in PATOLOGIE W ADMINISTRACJI PUBLICZNEJ (“Pathologies in Public Administration”) (Patrycja J. Suwaj & Dariusz R. Kijowski, eds.) (Wolters Kluwer 2009)
  • featured in ETHICAL PROBLEMS IN THE PRACTICE OF LAW (2nd ed. 2008) by Lisa G. Lerman & Philip G. Schrag
  • excerpted in LEGAL ETHICS IN THE PRACTICE OF LAW (3rd ed. 2007) by Richard A. Zitrin, Carol M. Langford Nina W. Tarr)

Restrictions on Gifts and Compensation for Executive Branch Employees, in THE LOBBYING MANUAL 433-44 (3rd ed. 2005) (with Beth Nolan)

Regulating the Conflict of Interest of Government Officials, in CONFLICT OF INTEREST IN THE PROFESSIONS (Michael Davis & Andrew Stark, eds.) 49-60 (2001)

The Legacy of Watergate for Legal Ethics Instruction, 51 HASTINGS L.J. 673 (2000)

The Lawful & the Just: Moral Implications of Unequal Access to Legal Services, 2 J. INST. STUDY LEG. ETH. (1999)

Be Careful What You Accept From Whom, in THE LOBBYING MANUAL: A COMPLIANCE GUIDE FOR LAWYERS AND LOBBYISTS 242-51 (1998)

The Ethics of Representing Elected Representatives, 61 L. & CONT. PROB. 31 (Spring 1998)

Paying the Price for Heightened Ethics Scrutiny: Legal Defense Funds and Other Ways that Government Officials Pay Their Lawyers, 50 STANFORD L. REV. 65 (1997)

  • excerpted in RONALD D. ROTUNDA & JOHN E. NOWAK, TREATISE ON CONSTITUTIONAL LAW (2007)

Toward More Ethical Government: An Inspector General for the White House, 49 MERCER L. REV. 553 (1997)

Do We Have Enough Ethics in Government Yet? An Answer from Fiduciary Theory, 1996 U. ILL.L.REV. 57

  • excerpted in PROFESSIONAL AND PERSONAL RESPONSIBILITIES OF THE LAWYER (3rd ed. 2011) by John T. Noonan, Jr. & Richard W. Painter
  • excerpted without attribution in John Alan Cohan, A Fiduciary Model of Political Ethics and Protocol for Dealing with Constituent Requests, 38 J. BUS. ETHICS 277 (2002)

Is Discipline Different? An Essay on Choice of Law and Lawyer Conduct, 36 S. TEX. L. REV. 1069 (1995)

OP-EDS

The Justice Department Suddenly Changed Its Mind About the Constitution to Defend Trump’s Businesses, TIME.com (May 1, 2019)

The government wants to keep its employees from talking about impeachment. It can’t do that., WASH. POST (Dec. 4, 2018)

Pruitt may be gone, but Trump administration’s ethical void remains, THE HILL (July 9, 2018) (with Jessica Tillipman)

The President’s Hotel Donation Ruse, GOV. EXEC. (Mar. 9, 2018) (with Steven Schooner)

No, presidents should not ask FBI directors if they’re under investigation, WASH. POST (May 12, 2017)

The worst job in Washington? Counsel to President Trump, THE HILL (Feb. 15, 2017) (with Steven Schooner)

Exploiting Public Office for Private Gain, GOVERNMENT EXECUTIVE (Jan. 29, 2017) (with Steven Schooner)

Congress Can and Must Restrict the President’s Financial Conflicts of Interest, N.Y. TIMES (“Room for Debate”) (Dec. 7, 2016)

Congress needs to restrict the president’s financial conflicts, WASH. POST (Nov. 29, 2016)

Klokkenluidershuis wordt Tandeloos Instituut [The House of Whistleblowers is a Toothless Institution], NCR (July 26, 2013) (with Iris van Domselaar)

What the District Can Learn from the Graham Affair, WASH. POST (Dec. 14, 2012)

Whistleblowing Incentives for Lawyers?, NATL. L.J. (Sept. 3, 2012) p. 35

Already, a Conflict for the New D.C. Board of Ethics, WASH. POST (June 24, 2012) p. C4 (with Robert Wechsler)

The Revolving Door: Who Really Cares?, NATL. L.J. (May 28, 2012)

Torturing the Law: The Justice Department’s Legal Contortions on Interrogation, WASH. POST, June 20, 2004, p. B03 (co-authored with Julie Mertus)

OTHER PUBLICATIONS

White Paper on the Law of Whistleblowing (2013)

An Overview of Government Ethics Standards (2012)

Congressional Access to Intelligence Information: The Appearance of a Check on Executive Power (2012)

Information Security & Fear-Mongering about WikiLeaks, IntLawGrrls.com (2010)