John’s Publications

Breaking Through Nursing Homes’ Forced Arbitration (an interview with John Vail by Martin S. Kardon), 52 Trial 26 (April 2016)

Cost-Shifting in Discovery: Point-Counterpoint, 99 Judicature 2, at 68 et seq. (point-counterpoint with Alex Dahl, general counsel of Lawyers for Civil Justice)

Pass or Fail: Grading the Supreme Court (The Case Against the Supreme Court) Erwin Chemerinsky, (book review), 51 Trial 57 (January 2015)

Six Questions in Light of J. McIntyre v. Nicastro, 63 S.C. L. Rev. 517 (2012)

Supreme Court Review:  Mandatory Arbitration Revisited, 48 TRIAL 1 (January 2012)

The People Shall Judge, ATLA Docket (Summer 2010)

A Closer Look at State Constitutions (review of The Law of American State Constitutions by Robert F. Williams), 46 TRIAL 6 (June, 2010)

The Invisible Constitution (review of eponymous book by Laurence H. Tribe), 45 TRIAL 4 (April, 2009)

Big Business Acts the Bully, National Law Journal, August 4th, 2008,

The Real Issue Is Jurors’ Rights, National Law Journal, February 4th, 2008,

Blame It on the Bee Gees:  The Attack on Trial Lawyers and Civil Justice, 51 N.Y.L Sch. L. Rev. 323 (2006) (with Robert S. Peck)

Courts Resist Calls for Intervention in Physician Expert Testimony, 19 California Litigation 3 (2006)

Big Money v. The Framers, Yale L.J. (The Pocket Part) (December 2005)

The Menace of Mandatory Arbitration, 41 TRIAL 8 (August 2005) (with Tom Osborne)

Justice in Plainclothes: A Theory of American Constitutional Practice (review of eponymous book by Lawrence Sager), 41 TRIAL 2 (February 2005)

Discrimination in Education: Some Thoughts on American Law and Experience, European Roma Rights Center (Budapest, 2004),

Chipping at the Core of Justice, 40 TRIAL 28 (April, 2004) (with Jane Perkins)

State Courts Do the Work Federal Courts Can’t – and Shouldn’t, 40 TRIAL 68 (January 2004)

The Inside the Beltway Mentality: Three Beliefs Are Poisoning Our Legal System, NCATL Trial Briefs, Dec. 2003

Access to Courts and Choice of Forum, NLADA Federal Litigation Manual, 2003

Civil Rights Now, 38 TRIAL 59 (September 2002)

A Common Lawyer Looks at State Constitutions, 32 Rutgers L.J. 977 (Summer 2001)

Defeating Mandatory Arbitration Clauses, 36 TRIAL 70 (January 2000)