Rulemaking Possibilities: Efforts of the United States Judicial Conference Advisory Committee on Evidence Rules to Address the Challenges to Forensic Expert Testimony, 13 Frontiers of Law in China 1 (2018).
"The Great Fourth Amendment Cases" (2009) (published by the Ford Foundation for Chinese judges, lawyers and scholars).
"Principles of Evidence" (8th ed. 2019) (with Graham Lilly and Stephen Saltzburg).
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 (12th ed. 2019) 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).
"The Daubert Puzzle," 32 Georgia Law Review 699 (1998).
Commentaries on Federal Rules of Evidence, United States Code Service (Two Volumes) (Lexis, 1999).
Basic Criminal Procedure (8th ed. 2017).
New York Evidence Handbook (3rd ed. 2017) with M. Martin.
West's Federal Rules of Evidence, 2011-2017.
Evidence: The Objection Method (6th ed. 2020).
Expert and Lay Witnesses (Aspen 2003).
Hearsay and Confrontation (Aspen 2002).
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).