- The Promise of School Choice for Improving the Education of Low-Income Minority Children (final draft; published in “Rekindling the Spirit of Brown v. Education,” a joint issue of 5 UC Berkeley law journals 2004)
- Charter School Funding Issues (published on line at: http://epaa.asu.edu/epaa/v10n34.html, 2002)
- The Supreme Court of the United States and Education (published in the Encyclopedia of Education 2002)Amicus Brief in the Cleveland School Voucher Case (Zelman) 2001 (with John Coons)
- Approving Charter Schools: The Gate Keeper Function (with Emlei Kuboyama) 53 Administrative Law Review 869 (2001)
- School Choice and Social Controversy (Stephen D. Sugarman and Frank Kemerer, Brookings Institution Press 2000)
- “Visions of Schooling” (review of Rosemary Salomone’s book, online in The Law and Politics Book Review, 2000)
- “Choosing Equality” (review of Joseph Viteriti’s book, Teachers College Record, 2000)
- Op-Ed Against California’s Proposition 38 (the Draper School Voucher Initiative) with John E. Coons, Sacramento Bee, September 24, 2000)
- Op-Ed Against California’s Proposition 38 (the Draper School Voucher Inititiative) with John E. Coons, Los Angles Times, July 27,2000
- Too Many Liberals Are on the Wrong Side of the School Choice Debate (published as Liberals and the School Choice Debate, 67 Congress Monthly, Nov/Dec, 2000 at p. 6)
- Charter Schools and Charter Schools Litigation (DRAFT presentation to the Education Law Section of the AALS, Washington DC, January 7, 2000)
- School Choice for Low Income Families (presented at Penn Law School October 22, 1999 and published in the Rutgers Journal of Law and Religion, 2000) http://www-camlaw.rutgers.edu/publications/law-religion/
- The Nature and Extent of School Choice (with Jeff Henig) Chapter 1 in Sugarman and Kemerer, “School Choice and Social Controversy: Politics, Policy and Law” (Brookings Institution Press 1999)
- School Choice and Its Public Funding Chapter 4 in Sugarman and Kemerer, “School Choice and Social Controversy: Politics, Policy and Law” (Brookings Institution Press 1999)
- Educational Adequacy and the Courts: The Promise and Problems of Moving to a New Paradigm (with Paul A. Minorini) in “Equity and Adequacy Issues in Education Finance: Issues and Perspectives,” (H. Ladd, R. Chalk, and J. Hansen, eds. National Academy Press, 1999)
- School Finance Litigation in the Name of Educational Equity: Its Evolution, Impact and Future (with Paul A. Minorini) in “Equity and Adequacy Issues in Education Finance: Issues and Perspectives,” (H. Ladd, R. Chalk, and J. Hansen, eds. National Academy Press, 1999)
- Education by Choice: The Case for Family Control (Introduction to the 1999 edition with John E. Coons)
- Florida’s Voucher Plan: Public School at Last? (with John E. Coons, Knight-Ridder syndicate May 13, 1999)
- Making Money Matter This book contains the final report of the Committee on Education Finance of the National Academy of Sciences on which I sat from 1996-99. This link is to the National Academy Press Website.
- The Federal Role in Education, 17 St. Louis University Law and Policy Review 79 (1997)
- The Scholarship Initiative: A Model State Law For Elementary and Secondary School Choice, (with John E. Coons) 21 Journal of Law and Education 529 (1992)
- Using Private Schools to Promote Public Values, 1991 University of Chicago Legal Forum 171
- The Private School Option in Systems of Educational Choice, Educational Leadership 54 (December 1991) (with John E. Coons)
- Part of the Solution Rather Than Part of the Problem: A Role for American Private Elementary and Secondary Schools in the 1990s, 31 William & Mary Law Review 681 (1989)
- School Sorting and Disclosure: Disclosure to Families as a School Reform Strategy: Part I: Existing Practices and the Social Interest in School Information Disclosure, (with Lee Friedman) 17 Journal of Law and Education 53 (1988)
- School Sorting and Disclosure: Disclosure to Families as a School Reform Strategy: Part II: Legal and Policy Analysis, (with Lee Friedman) 17 Journal of Law and Education 147 (1988)
- Federal Scholarships for Private Elementary and Secondary Education (with John E. Coons) from “Private Schools and the Public” Good (Gaffney ed. University of Notre Dame Press 1980)
- Credits v. Subsidies (with John E. Coons) from “Private Schools and the Public” Good (Gaffney ed. University of Notre Dame Press 1980)
- Principled Serrano Reform, 4 Hastings Constitutional L. Q. 511 (1977)Education by Choice: The Case for Family Control (University of California Press 1978 with John E. Coons)
- Rethinking Collective Responsibility for Education (with David Kirp), 39 Law and Contemporary Problems 144 (1975)
- Equal Protection for Non-English-Speaking School Children: Lau v. Nichols (with Ellen Widess), 62 California Law Review 157 (1974)
- Family Choice: The Next Step in the Quest for Equal Educational Opportunity?, 38 Law and Contemporary Problems 513 (1973)
- Serrano v. Priest, The End of Public Education as We Know It, 3 Human Rights 37 (1973)
- Family Choice in Education: A Model State System for Vouchers (with John E. Coons), 59 California Law Review 321 (1971)
- Educational Opportunity: A Workable Constitutional Test for State Financial Structures, 57 California Law Review 307 (1969) (with John E. Coons and William H. Clune) (An expanded version of this article became “Private Wealth and Public Educaiton” Harvard University Press 1970)