- Living Law in the Early Republic (In progress).
- Becoming America: A HIstory for the 21st Century (with David Henking; McGraw-Hill; January 1, 2014)
- The Crisis of Imprisonment: Protest, Politics, and the Making of the American Penal State, 1776 – 1941(The Cambridge History of American Law series, Cambridge University Press, March 2008).
Articles, book chapters, and reviews
- “When Felons Were Human” (Aug. 15, 2011), On the Human, National Humanities Center (featured contributor). http://onthehuman.org/
- “The Convict’s Two Lives,” in David Garland and Michael Meranze, eds., Rethinking the Death Penalty in Historical Context (forthcoming, 2010, NYU Press)
- “Crime and Punishment in American History,” in Companion to American Legal History, (Blackwell, forthcoming, 2011).
- “Imprisonment’s ‘Square Deal’: Prisoners and their Keepers in 1920s New York,” Journal of Urban History 28: 5 (Jul. 2003).
- “The New Penal State: Globalization, History, and American Criminal Justice, c. 2000,” Inter-Asia Cultural Studies (Fall, 2001).
- “Revolutions and Rights,” and “Equality and Citizenship,” Contemporary Civilization Reader, 7th ed. (New York: Heritage Press, 2000).
- “Writings of the American Revolution,” Contemporary Civilization Reader, 6th ed. (New York: American Heritage, 1997).
Selected Papers and Theses
“Legally Speaking: Performing Law in the Early Republic,” 19th Century U.S. History Workshop, Georgetown Institute for Global History, Georgetown University,
April 4, 2014.
“Living Law in Early America: Towards a Cultural History of Jurisdiction,” Yale Law
School, March 25, 2014.
“Law-mongers, Pettifoggers, and Gentlemen of the Bar: Contesting Law in the Early Republican America,” Columbia University, March 2012
- “The Convict’s Two Lives,” The Davis Center for Historical Studies, Princeton University, October, 2011
- “Politics, Law, and the State in U.S. history: the New Political History”” Columbia University, May 2011.
- “Ghosts of Penal Servitude: Lineages of the Mass Carceral State,” (forthcoming) OAH, 2010.
- “American Penal History and The Crisis of Imprisonment,” University of Minnesota, Department of History, Legal History Workshop, 2009.
- “Civilizing the Market, Disciplining the State/Rethinking American Penal History” University of Oxford (May 26, 2008), and University of Sydney, Spring 2008 (same official title, two different papers).
- “The Market and the Prison,” NYU School of Law, Fall 2007.
- “Civiliter Mortuus: The ‘Civil Death’ Penalty Reconsidered” (in progress), NYU School of Law, 2007.
- “Between Social Death and the Gallows: the Necropolitics of Imprisonment in Nineteenth-Century America,” Annual Meeting of the Organization of American Historians, 2005.
- “‘Slaves of the State:’ The Politics of Penal Servitude in Late Nineteenth-Century America,”Annual Meeting of the Law and Society Association, Chicago, 2004.
- “The Rise of the American Penal State,” University of Chicago, 2003.
- “Identity, Gender, and the Market: Global and Local Discourses of the U.S. Christian Right,” Comment,Annual Meeting of the American Studies Association, 2002.
- “Documenting Prisoners,” Comment, Why We Write conference, Columbia University, 2002.
- “The Crises of Imprisonment: Toward a Critical History of Punishment,” American Bar Foundation, Chicago, 2002.
- “Four Strikes and You’re Out”: America’s First War on Crime,” Annual Meeting of the Organization of American Historians, 2002
- “The Decline and Fall of the American Prison,” Inter-Asia Cultural Studies Conference on Globalization, Fukuoka, Japan, 2000.
- “Saving Justice from Democracy: Progressive Era Prison Reform Reconsidered,” Columbia University Seminar on 20th Century Politics and Society, 2000 and theAnnual Meeting of the American Historical Association, 2000.
- “Citizens and Criminals: Penal Justice and the Rise of the Modern Liberal State,” York University, Toronto, Canada, 1998.
- “The Strange Career of American Race Ideology,” Canterbury University, Christchurch, 1998.
- “Citizens and Criminals: Prisons, Violence, and the State, 1890-1940,” Annual Meeting of the Organization of American Historians, 1997.
- “Discipline and Assault: the Everyday Practices of New York State Prisons in the Progressive Era,” Annual Meeting of the American Historical Association, 1996.
- “Psycho-asthenics and the Body Politic in Progressive America,” Figuring U.S. Culture Conference, Columbia University, 1995.
- “Bodies on the Borderline: the 'Menace of the Feebleminded' and the Social Body in the Progressive Era,” Annual Meeting of the American Studies Association, 1994.
- “‘Derelict Upon the Ocean:' the Theorizing of Feeble-mindedness and the Borderline Case in
- Progressive America,” (unpublished Masters essay), Columbia University, 1991.
- Citizens and Criminals: the Rise of the American Carceral State, 1890-1935 (PhD diss., Columbia University, 1999)