Gertner, Nancy. "Juries and Originalism: Giving "Intelligible Content" to the Right to a Jury Trial," 71 Ohio State Law Journal 935 (2011).
Gertner, Nancy. "From Omnipotence to Impotence: American Judges and Sentencing," 4 Ohio State Journal of Criminal Law 523 (2007).
United States v. Green, 389 F. Supp. 2d 29 (D. Mass. 2005)(addressing the disparity in minority representation in the federal jury pool under both constitutional and statutory standards, overruled in In re U.S., 426 F.3d 1 (1st Cir. 2005) (NO. 05-2358) but then adopted as a D. Mass. court rule, cited in RE-JUSTIFYING THE FAIR CROSS SECTION REQUIREMENT: EQUAL REPRESENTATION AND ENFRANCHISEMENT IN THE AMERICAN CRIMINAL JURY, 116 Yale L.J. 1568, 1614 (2007); KATRINA JURIES, FAIR CROSS-SECTION CLAIMS, AND THE LEGACY OF GRIGGS V. DUKE POWER CO., 53 Loy. L. Rev. 1, 30 (2007); THE UNDERMINING INFLUENCE OF THE FEDERAL DEATH PENALTY ON CAPITAL POLICYMAKING AND CRIMINAL JUSTICE ADMINISTRATION IN THE STATES, 100 J. Crim. L. & Criminology 149, 211 (2010); SYSTEMATIC NEGLIGENCE IN JURY OPERATIONS: WHY THE DEFINITION OF SYSTEMATIC EXCLUSION IN FAIR CROSS SECTION CLAIMS MUST BE EXPANDED, 59 Drake L. Rev. 761, 798 (2011)).