"Electronically Stored Information and the Ancient Documents Exception: Fix It Before Someone Finds Out About It,"17 Yale J. Law & Tech. 1 (2015).
Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility, 2 Virginia Journal of Criminal Law 62 (2014) (with Tartakovsky).
Hearsay Exception for Electronic Communications of Recent Perception, 83 Fordham Law Review 1337 (2014). "Why Strickland is the Wrong Test for Violations of the Right to Testify," 70 Washington & Lee L. Rev. 95 (2013) (with Tartakovsky).
Symposium on Reinvigorating the Federal Rules of Evidence, 81 Fordham L. Rev. 1533 (2013).
Symposium on Restyled Rule of Evidence, 53 William and Mary L. Rev. 1435, 1528-43 (2012).
The Restyled Federal Rules of Evidence, 2011 LexisNexis Emerging Issues 5875.
Expert Testimony and Confrontation: Bullcoming v. New Mexico, 2011 Lexis Emerging Issues 5495 (with Saltzburg).
Professional Responsibility: An Interactive Approach (1st ed. 2010) (Thomson West) (with Pearce and Green) (2nd ed. 2014).
Published many opinions as Special Master in In re Refco, including 2010 WL 1375946 and 2010 WL 1375712 (S.D.N.Y.).
Cases and Commentary on American Criminal Procedure (9th ed. 2010)
Cases and Materials on Electronic Discovery and Digital Evidence (3rd ed. West 2015) (with Scheindlin and the Sedona Conference) (first casebook in the field).
“The Unrecognized Right of Criminal Defendants to Admit Their Own Pretrial Statements,” 49 Wm. & Mary L. Rev. 1991 2008)(with Stephen A. Saltzburg).
"The Great Fourth Amendment Cases" (2009) (published by the Ford Foundation for Chinese judges, lawyers and scholars).
"Principles of Evidence" (6th ed. 2012) (with Graham Lilly)
Published two opinions as Special Master on privilege and work product claims in In re New York Renu With Moistureloc Product Liability Litigation: 2009 WL 2842745, and 2008 WL 2338552.
Federal Rules of Evidence Manual (10th ed. 2010) with S. Saltzburg & M. Martin
"Amending the Hearsay Exceptions for Declarations Against Penal Interest in the Wake of Crawford" 105 Columbia L. Rev. 2409 (2005).
"Melendez-Diaz and Admissibility of Records in Federal Court", published on lexis.com (2009).
"Electronic Discovery and Digital Evidence in a Nutshell" (2009) (with Scheindlin and the Sedona Conference).
"Trying Cases Relating to Terrorism: Judges' Roundtable," 77 Fordham L. Rev. 1 (2008) (with Judges Cooke, Sand, Rosen and Scheindlin).
“Federal Sentencing Under Advisory Guidelines: Observations By District Judges,” 75 Fordham L. Rev. 1 (2006)(with Lynn S. Adelman, Nancy Gertner, Richard G. Kopf, Gerard E. Lynch and Gregory A. Presnell)
"Getting Control of Waiver in the Federal Courts: A Proposal for a Federal Rule of Evidence 502" 58 South Carolina L. Rev. 211 (2006)(with Ken Broun).
Commentary to Third Circuit Judicial Conference Model Jury Instructions in Civil Cases (2006) (with Cathie Struve).
Case Law Divergence from the Federal Rules of Evidence, 197 F.R.D. 531 (2001).
"Keeping the Reformist Spirit Alive in Evidence Law," 149 U. Penn. L. Rev. 1277 (2001).
"Third Circuit Task Force Report on Selection of Counsel in Class Actions," 74 Temple L. Rev. 685 (2002).
"A Recipe for Confusion: Congress and the Federal Rules of Evidence," 55 U. Miami L. Rev. 691 (2001).
"Admissibility of Plea Agreements on Direct Examination: The Limits Vanish," 55 U. Miami L. Rev. 751 (2001).
"Out of Court Accusations Offered For 'Background': A Measured Response From the Federal Courts," 55 U. Miami L. Rev. 803 (2001).
"An Accident and a Dream": Problems With the Latest Attack on the Civil Justice System, 20 Pace L. Rev. 339 (2000). (Winner of ABOTA award as the year's best article on the civil justice system)
Commentaries on Federal Rules of Evidence, United States Code Service (Two Volumes) (Lexis, 1999).
"The Daubert Puzzle," 32 Georgia Law Review 699 (1998)
Basic Criminal Procedure (5th ed. 2009)
Evidence: The Objection Method (2d ed. 2002)
New York Evidence Handbook (2d ed. 2002) with M. Martin
Hearsay and Confrontation (Aspen 2002)
Expert and Lay Witnesses (Aspen 2003)
Columns on Evidence, New York Law Journal
"Advisory Committee Notes to the Federal Rules of Evidence That May Require Clarification," 182 F.R.D. 268 (1998)