" The Myth of
`Laissez-Faire Constitutionalism’: Liberty of Contract During the `Lochner
Era’” (in progress)
"Substantive
Due Process Rediscovered: The Rise and Fall of Liberty of Contract” (in
progress)
"Rediscovering
a Lost Constitutional Right: Liberty of Contract during the `Lochner
Era’” (in progress)
“Completing the American Revolution: The Significance of Ayn Rand's
Atlas Shrugged on Its
Fiftieth Anniversary” (forthcoming in
The Journal of Ayn Rand
Studies 9,
no. 2 (Spring 2008): 1-29)
"The Thomas Jefferson - Sally Hemings
Myth and the Politicization of American History," in The Jefferson
- Hemings Controversy (Robert F. Turner ed., Durham . N.C.: Carolina Academic
Press, forthcoming in 2008)
"Necessary and Proper: West Point
and Jefferson 's Constitutionalism," in Thomas Jefferson's Military
Academy (Robert M.S. McDonald ed., Charlottesville : University Press of
Virginia, 2004), 54-76
"`The Holy Cause of Freedom': The
Libertarian Legacy of Thomas Jefferson," in The Noblest Minds: Essays
on Fame, Honor, and the American Founding (Peter McNamara, ed., Lanham,
Maryland: Rowman & Littlefield, 1999), 97-119
"Citizenship and Change in Jefferson
's Constitutional Thought," in Thomas Jefferson and the Education of
a Citizen (James Gilreath, ed., Washington, D.C.: The Library of Congress,
1999), 221-241, 355-60
"`By the Chains of the Constitution':
Separation of Powers Theory and Jefferson 's Conception of the Presidency,"
26 Perspectives on Political Science 140 (1997), reprinted (revised)
as "Thomas Jefferson and the Separation of Powers," in The Presidency
Then and Now (Phillip G. Henderson, ed., Lanham, Md.: Rowman & Littlefield,
1999), 13-29, 250-54.
"Justice Clarence Thomas and the
Supreme Court's Rediscovery of the Tenth Amendment," 25 Capital University
Law Review 339 (1996)
"The English Radical Whig Origins
of American Constitutionalism," 70 Washington University Law Quarterly
131 (1992)
"The Natural Rights Basis of the
Ninth Amendment: A Reply to Professor McAffee," in Symposium: The Bill
of Rights: An Historical Perspective , 16 Southern Illinois University
Law Journal 313 (1992), reprinted in Randy E. Barnett, ed., The Rights
Retained By the People: The History and Meaning of the Ninth Amendment ,
Vol. 2 (Fairfax, Va.: George Mason University Press, 1993)
"The Jurisprudence of Christopher
G. Tiedeman: A Study in the Failure of Laissez-Faire Constitutionalism,"
55 Missouri Law Review 93 (1990), reprinted in James W. Ely, Jr.,
ed., Property Rights in American History (Hamden, Conn.: Garland Publishing,
1997)
"Of Principles and Men: The Correspondence
of John Taylor of Caroline with Wilson Cary Nicholas, 1806-1808," The
Virginia Magazine of History and Biography 96 (1988): 345-88
Essays, Book
Reviews, and Monographs
"Constitution of the United States
," "Declaration of Independence," and "Thomas Jefferson,"
in The Encyclopedia of Libertarianism (to be published by the Cato
Institute)
"Thomas Jefferson, Man versus Myth," monograph published by The Center for
Ethics and Entrepreneurship [at Rockford College, Rockford, Illinois], 2007.
Available for purchase online at the Amazon.com website:
http://www.amazon.com/dp/0979427010
"Thomas Jefferson," in The
Encyclopedia of the Enlightenment (Alan Charles Kors ed., New York : Oxford
University Press, 2003, 4 vols.), 2:286-90
"Foreword" to Anatomy of
a Scandal: Thomas Jefferson and the SALLY Story , by Rebecca L. McMurry
and James F. McMurry, Jr. (Shippensburg , Pa. : White Mane Books, 2002)
"The Thomas Jefferson - Sally Hemings
Myth and the Politicization of American History," report of my individual
views, concurring with the majority report of the Scholars Commission on the
Jefferson-Hemings Matter, to the Thomas Jefferson Heritage Society, et al .
(April 12, 2001)
Posted online at the Ashbrook Center 's website: http://www.ashbrook.org/articles/mayer-hemings.html
"Thomas Jefferson," in The
Oxford Companion to American Law (Kermit L. Hall, ed., New York : Oxford
University Press, 2002), 433-35
"`If Men Were Angels': A Review
of Randy E. Barnett, The Structure of Liberty (Oxford University Press,
1998)," Cato Journal , Vol. 20, No. 2 (2000): 279-85.
Posted online at the Cato Institute website:http://www.cato.org/pubs/journal/cj20n2/cj20n2-8.pdf
"Christopher G. Tiedeman,"
in John A. Garraty and Mark C. Carnes, eds., American National Biography
(New York: Oxford University Press, 1999), 21: 646-47
"The Libertarian Legacy of Thomas
Jefferson," published under the title "The Misunderstood Mr. Jefferson,"
Liberty , Vol 10, No. 5 (May 1997): 29-39
Posted online at Liberty 's
website:
http://www.libertysoft.com/liberty/features/59mayer.html
"Reviving Constitutional Limits:
A Review of Richard Epstein, Bargaining with the State (Princeton,
N.J.: Princeton Univ. Press, 1994)," in Cato Journal , vol. 14,
no. 2 (Fall 1994): 351-53
"Policy and Principles in the Age
of Jefferson ," A Review of John R. Nelson, Jr., Liberty and Property
(Baltimore: Johns Hopkins University Press, 1987), in Humane Studies
Review , vol. 5, no. 3 (Spring 1988): 9-11, 16-17
Other Selected
Publications
“Guide to
Historical Mystery Novels,” paper originally presented at The Atlas Society’s
Summer Seminar, July 9, 2007, and subsequently updated (WORD
document, 103 KB)
"Defending Lincoln " [letter
to the editor], Liberty , September 2002, pp. 5-6
"Time To Ease Ohio 's Gun-Carry
Law," The Columbus Dispatch , January 14, 2002
Posted online at the Ohioans for Concealed
Carry website:
http://www.ohioccw.org/article512.html
"Call for New Laws Often Is Unjustified,"
The Columbus Dispatch , January 10, 2002
"After DeRolph III : Who Makes Public
Policy in Ohio, the Legislature or the Courts?" a "Public Policy Brief"
co-authored with David J. Owsiany and published by the Buckeye Institute for
Public Policy Solutions, Columbus, Ohio, October 1, 2001
Posted online at the Buckeye Institute
website:
http://www.buckeyeinstitute.org
and in abridged form as “The Legislature
Should Ignore The Court”:
http://www.buckeyeinstitute.org/Articles/2001_10_20%20Owsiany%20Mayer.htm
"The End of the Affair?" answer
to correspondent's question about the Thomas Jefferson - Sally Hemings issue,
in The Daily Mail , London , England , August 9, 2001
"Hobnobbing with Fellow Wizards:
A Report on the Law Professors' Conferences in Washington, D.C.," The Federalists'
Paper [newsletter of the Capital University Law School Federalist Society chapter,
March 2000, reprinted in abridged form as "A Look at This Year's Law Professors'
Conferences in Washington , D.C. ," in The Federalist Society's Hot Topics
Bulletin , March 9, 2000
Posted online at the Capital University
Law School Federalist Society chapter's website:
http://users.law.capital.edu/federalistsociety/fp4/mayer.htm
"Why Ohio Should Abandon the Microsoft
Case: The False Premises of Antitrust Law," essay published by the Buckeye
Institute for Public Policy Solutions, February 2000, reprinted in abridged
form as "Ohio Should Exit Weak Microsoft Case," The Columbus Dispatch
, February 5, 2000
"Wealthy Americans Deserve Real
Tax Relief," On Principle [publication of the John M. Ashbrook Center for
Public Affairs], Vol. 7, No. 5 (October 1999)
Posted online at the Ashbrook Center
website:
http://www.ashbrook.org/publicat/oped/mayer/01/tax.html
"Why I've Quit the American Bar
Association: An Open Letter to the Law School Community," August 18, 1999,
published in The Federalist Society's Bar Watch Bulletin , September
27, 1999 and in The Washington Times , October 3, 1999, reprinted in
CBA Today [newsletter of the Columbus Bar Association], October 15,
1999, The Washington Times National Weekly Edition , October 11-17,
1999, and FrontPage Magazine Posted online on the Frontpage Archives
pages:
http://www.frontpagemag.com/ archives/miscellaneous/mayer10-1-99.htm
“Judicial Excess and `The Road Not Taken',"
essay published by the Buckeye Institute for Public Policy Solutions, Dayton,
Ohio, March 1999, reprinted as "Judge Strays Off Constitutional Course
in School-Funding Case," The Columbus Dispatch , March 3, 1999
"Lessons from Clinton 's Impeachment
and Trial," The Federalists' Paper [newsletter of the Capital University
Law School Federalist Society chapter], March 1999
Posted online at the Capital University
Law School Federalist Society chapter's website:
http://users.law.capital.edu/federalistsociety/fp3/mayer1.htm
"Ouster Is Only Outcome Fitting"
(Why President Clinton Must Be Impeached), The Columbus Dispatch ,
December 16, 1998
"`Clintongate': A Review of Ann
Coulter's High Crimes and Misdemeanors: The Case Against Bill Clinton ,"
The Federalists' Paper [newsletter of the Capital University Law School Federalist
Society chapter], October 1998
Posted online at the Capital University
Law School Federalist Society chapter's website:
http://users.law.capital.edu/federalistsociety/fp2/book.htm
"Who Makes Education Policy--The
Legislature or the Courts?" a "Perspective on Current Issues"
essay published by the Buckeye Institute for Public Policy Solutions, Dayton,
Ohio, Sept. 1, 1998, reprinted (in abridged form) as "Court Ruling Off
Mark on Public-School Funding," The Columbus Dispatch , Sept.
8, 1998, and as " DeRolph School Funding Ruling Goes Against Bedrock Principles,"
The Toledo Blade , Sept. 12, 1998
Posted online at the Buckeye Institute
website:
http://www.buckeyeinstitute.org
"`A Harbinger of Hope': The Cleveland
School Voucher Program Should Pass Constitutional Muster," a "Perspective
on Current Issues" essay published by the Buckeye Institute for Public
Policy Solutions, Dayton, Ohio, July 1998, reprinted (in abridged form) as "Voucher
Ruling Is Good for Cleveland," The Columbus Dispatch , June 27,
1998
Posted online at the Buckeye Institute
website:
http://www.buckeyeinstitute.org
"Thomas Jefferson, Man of the Millennium:
He Gave the World Hope for Liberty ," The Tallahassee ( Fla. ) Democrat
, February 19, 1997 , and syndicated through Knight-Ridder/Tribune to various
newspapers nationwide
" Clinton Presidency: The Most Corrupt
in American History," On Principle [publication of the John M.
Ashbrook Center for Public Affairs], Vol. IV, No. 6 (December 1996)
Posted online at the Ashbrook Center
's website:
http://www.ashbrook.org/publicat/onprin/v4n6/mayer.html
" Clinton 's Presidency Is Most
Corrupt," The Columbus Dispatch , October 19, 1996
"Clinton Vetoes Undermine the Constitution,"
On Principle [publication of the John M. Ashbrook Center for Public
Affairs], Vol. IV, No. 3 (June 1996)
Posted online at the Ashbrook Center
's website:
http://www.ashbrook.org/publicat/onprin/v4n3/mayer.html
" Jefferson 's Legacy of Liberty,"
review essay commissioned by the Independent Institute, published in LibertyTree
Review and Catalogue , Vol. VII, No. 1 (Spring 1993 special issue commemorating
the 250th anniversary of the birth of Thomas Jefferson) and (in revised form,
as "Remembering Jefferson") in various newspapers nationwide
Posted online at The Independent Institute's
website:
http://www.independent.org/tii/news/930413Mayer.html
"The Ninth Amendment and Protection
of Liberty," opinion article commissioned by Pacific Research Institute
for Public Policy, as part of its Bill of Rights Bicentennial series, Fall 1991,
published in various newspapers nationwide
" Federalist Reconsidered: The Important
Question," "A Republican Remedy for the Diseases of Republican Government,"
an op-ed series commemorating the bicentennial of the Federalist Papers, distributed
through the Institute for Humane Studies, Fall 1987, and published in various
newspapers nationwide