The Map and the Territory: When Legal Scholarship Becomes Judicial Precedent
Most people think of academic research as a quiet conversation between professors in dusty journals. But in the world of the law, a single article can sometimes become the silent engine driving a major court decision. You may know the headlines of a landmark case, but you rarely hear the rest of the story—the specific scholarship the judges leaned on to reach their conclusion.
As a tenured professor at STCL Houston, my career has been defined by a deep dive into the intersections of history, administrative law, and firearm policy. Over the last two decades, I have found that true expertise isn't just about writing papers; it’s about providing the intellectual framework that courts use to navigate complex social issues. Whether it's the 9th Circuit's en banc look at felon-in-possession laws or the Washington Supreme Court's analysis of jury selection, these citations represent more than just a footnote. They are a sign of authority and a demonstration of the trust that the judiciary places in rigorous, independent research. While I am not deciding the cases myself, I find it rewarding that my work is helpful to judges and judicial clerks and has helped inform their analysis of current legal issues.
Below is a curated index of the judicial opinions that have cited my work. From my early days analyzing Social Security disability law to my recent research into the historical tradition of the Second Amendment, this list serves as an archive of my experience in shaping the public discourse—one case at a time.
| Court / Jurisdiction | Case Citation | Cited Publication |
|---|---|---|
| Maryland Supreme Court | Fooks v. State, 337 A.3d 83 (2025) | In Defense of Felon-in-Possession Laws |
| 9th Circuit (en banc) | United States v. Duarte, 137 F.4th 743 (2025) | In Defense of Felon-in-Possession Laws |
| Tennessee Supreme Court | State v. Curry, 705 S.W.3d 176 (2025) | In Defense of Felon-in-Possession Laws |
| 3rd Circuit (concurrence) | Range v. Attorney General, 124 F.4th 218 (2024) | In Defense of Felon-in-Possession Laws |
| 6th Circuit | United States v. Williams, 113 F.4th 637 (2024) | In Defense of Felon-in-Possession Laws |
| E.D. Wisconsin | United States v. McCaa, 2024 WL 2991332 (2024) | In Defense of Felon-in-Possession Laws |
| 9th Circuit | United States v. Duarte, 101 F.4th 657 (2024) | In Defense of Felon-in-Possession Laws |
| E.D. Wisconsin | United States v. Neal, 2024 WL 1794424 (2024) | In Defense of Felon-in-Possession Laws |
| N.D. Indiana | United States v. Regalado, 709 F. Supp.3d 619 (2023) | In Defense of Felon-in-Possession Laws |
| E.D. Virginia | United States v. Hill, 703 F. Supp.3d 729 (2023) | In Defense of Felon-in-Possession Laws |
| E.D. Wisconsin | United States v. Johnson, 701 F. Supp.3d 785 (2023) | In Defense of Felon-in-Possession Laws |
| 3rd Circuit (dissent) | Range v. Attorney General, 69 F.4th 96 (2023) | In Defense of Felon-in-Possession Laws |
| N.D. Illinois | United States v. Dixon, 2023 WL 2664076 (2023) | In Defense of Felon-in-Possession Laws |
| E.D. Louisiana | Ictech-Bendeck v. Waste Connections, 2023 WL 2263802 (2023) | Reverse Bifurcation |
| 3rd Circuit | Range v. Attorney General, 53 F.4th 262 (2022) | In Defense of Felon-in-Possession Laws |
| 5th Circuit (dissent) | United States v. Seekins, 52 F.4th 988 (2022) | In Defense of Felon-in-Possession Laws |
| E.D. Michigan | Brennan v. Comm. of Social Security, 2019 WL 1647798 (2019) | Should Addicts Get Welfare? Addiction & SSI/SSDI |
| D. New Mexico | Diné Citizens v. Jewell, 312 F.Supp.3d 1031 (2018) | Costs of Codification |
| S.D. West Virginia | United States v. Walker, 423 F.Supp.3d 281 (2017) | Toward A New Theory of Notice and Deterrence |
| Washington Supreme Court | State v. Saintcalle, 309 P.3d 326 (2013) | Jury Selection and the Coase Theorem |
| D. New Mexico | STC UNM v. Intel Corp., 2011 WL 7562686 (2011) | Reverse Bifurcation |
| W.D. Arkansas | Dalton v. Astrue, 2010 WL 936703 (2010) | Should Addicts Get Welfare? Addiction & SSI/SSDI |
| S.D. Iowa | Cecil v. Astrue, 554 F.Supp.2d 905 (2008) | Should Addicts Get Welfare? Addiction & SSI/SSDI |
| 7th Circuit | U.S. v. Morris, 549 F.3d 548 (2008) | Entrapment by Numbers |
| E.D. Michigan | Mathious v. Barnhart, 490 F.Supp.2d 833 (2007) | Should Addicts Get Welfare? Addiction & SSI/SSDI |
| Cal.App. | People v. Gutierrez, 2006 WL 496377 (2006) | Entrapment and the Problem of Deterring Police Misconduct |
| Colo. App. | People v. Grizzle, 140 P.3d 224 (2006) | Entrapment by Numbers |
| 8th Circuit | Brueggemann v. Barnhart, 348 F.3d 689 (2003) | Should Addicts Get Welfare? Addiction & SSI/SSDI |
| PA Supreme Court (concurrence) | Commonwealth v. Bracey, 831 A.2d 678 (2003) | To Whom is the Law Addressed? |
While it is gratifying to see my research on the historical tradition of firearm regulation or administrative procedure cited in the federal reporters, there are also cases where the court didn't cite the article they were clearly reading—or where they used the research to reach a conclusion I never intended. Legal scholarship is an evolving conversation. As I look back on the last two decades of my experience in the legal academy, I have seen how a single footnote can shift the trajectory of a circuit-level split. I hope that my work can continue to be a trusted resource for the judiciary, the bar, and the public.
My next writing project focuses on the DOJ's new program to provide restoration of gun rights for felons and others who are currently prohibited from possessing firearms under 18 U.S.C. Sec. 922(g).
