Faculty Scholarship

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click to view scholarship for this faculty Alexander, Lawrence A.

Books

  • Reflections on Crime and Culpability: Problems and Puzzles (with Kimberly Ferzan ) (Cambridge University Press, forthcoming 2017)
  • Crime and Culpability: A Theory of Criminal Law (with Ferzan, and Morse) (Cambridge University Press, 2009)
  • Demystifying Legal Reasoning (with Sherwin) (Cambridge University Press, 2008)
  • Is There a Right of Freedom of Expression? (Cambridge University Press, 2005)
  • Constitutionalism: Philosophical Foundations (Cambridge University Press, 2001)
  • The Rule of Rules: Morality, Rules, and the Dilemmas of Law (with Sherwin) (Duke University Press, 2001)
  • Freedom of Speech (Ashgate Publishing, 2000)
  • Legal Rules and Legal Reasoning (Ashgate Publishing, 2000)
  • Contract Law (Dartmouth Publishing Co, 1991)
  • Whom Does the Constitution Command? A Conceptual Analysis with Practical Implications (with Horton) (Greenwood Press, 1988)

Chapters of Books or Articles within Books

  • “Distributive Justice and Retributive Justice” in Oxford Handbook of Distributive Justice (Olsaretti, ed.) (Oxford University Press, forthcoming 2016)
  • “Duties to Act Triggered By Creation of the Peril: Easy Cases, Puzzling Cases, and Complex Culpability” in (D. Nelkin, and S. Rickless, eds.) (Oxford University Press, forthcoming 2016)
  • “Freedom of Religion and Expression” in A Companion to Applied Philosophy (Lippert-Rasmussen, Coady, and Brownlee, eds.) (Wiley-Blackwell, forthcoming 2016)
  • “Ignorance as a Legal Excuse” in Moral and Legal Ignorance (Peels, ed.) (Routledge, forthcoming 2016)
  • Recipe for a Theory of Self-Defense: The Ingredients, and Some Cooking Suggestions” in The Ethics of Self-Defense (Coons, and Weber, eds.) (Oxford University Press, forthcoming 2016)
  • The Means Principle” in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Ferzan, and Morse, eds.) (Oxford University Press, forthcoming 2016)
  • Confused Culpability, Contrived Causation and the Collapse of Tort Theory” in Philosophical Foundations of the Law of Torts (with Ferzan) (Oberdiek, ed.) (2014)
  • “Hart and Punishment for Negligence” in Hart on Responsibility (Pullman, ed.) (Palgrave Macmillan, 2014)
  • “Did Casey Strikeout? Following and Overruling Constitutional Precedents in the Supreme Court” in Precedent in the United States Supreme Court (Peters, ed.) (Spinger, 2013)
  • “Freedom of Expression” in Encyclopedia of Modern Political Thought (Claeys, and Sargent, eds.) (CQ Press, 2013)
  • Voluntary Enslavement” in Paternalism: Theory and Practice (Coons, and Weber, eds.) (Cambridge University Press, 2013)
  • “Fletcher on the Fault of Not Knowing” in Essays on Criminal Law (with Ferzan) (Christopher, ed.) (Oxford University Press, 2012)
  • Legal Objectivity and the Illusion of Legal Principles” in Institutionalized Reason: The Jurisprudence of Robert Alexy (Klatt, ed.) (Oxford University Press, 2012)
  • “Freedom of Expression” in Encyclopedia of Applied Ethics, 2nd Ed. (Callahan, Chadwick, and Singer, eds.) (Academic Press, 2012)
  • Precedential Constraint, its Scope and Strength: A Brief Survey of the Possibilities and Their Merits” in On the Philosophy of Precedent (Bustamante, and Bernal Pulido, eds.) (Franz Steiner Verlag, 2012)
  • Risk and Inchoate Crimes: Retribution or Prevention?” in Seeking Security: Pre-empting the Commission of Criminal Harms (with Ferzan) (Dennis, and G.R. Sullivan, eds.) (Hart Publishing, 2012)
  • “Self-Defense” in The Routledge Companion to Philosophy of Law (Marmor, ed.) (Routledge, 2012)
  • “Beyond the Special Part” in Philosophical Foundations of Criminal Law (with Ferzan) (Duff, and Green, eds.) (Oxford University Press, 2011)
  • Constitutionalism ” in Encyclopedia of Jurisprudence (Reidy, ed.) (2011)
  • Culpability” in The Oxford Handbook of Philosophy of Criminal Law (Deigh, and Dolinko, eds.) (Oxford University Press, 2011)
  • Duff on Attempts” in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff (Cruft, Kramer, and Reiff, eds.) (Oxford University Press, 2011)
  • Simple-Minded Originalism” in The Challenge of Originalism: Essays in Constitutional Theory (Huscroft, and Miller, eds.) (Cambridge University Press, 2011)
  • “Criminal and Moral Responsibility and the Libet Experiments” in Conscious Will and Responsibility: A Tribute to Benjamin Libet (Sinnott-Armstrong, and Nadel, eds.) (Oxford University Press , 2010)
  • “Against Negligence Liability” in Criminal Law Conversations (with Ferzan) (Robinson, Garvey, and Ferzan, eds.) (Oxford University Press, 2009)
  • Constitutionalism” in Contemporary Debates in Political Philosophy (Christiano, and Christman, eds.) (Wiley-Blackwell, 2009)
  • Constitutionalism and Democracy: Understanding the Relation” in The Supreme Court and the Idea of Constitutionalism (Kautz, Melzer, Weinberger, and Zinman, eds.) (University of Pennsylvania Press, 2009)
  • Law and Philosophy at Odds” in On Philosophy in American Law (with Sherwin) (Mootz, ed.) (Cambridge University Press, 2009)
  • “Results Don't Matter” in Criminal Law Conversations (with Ferzan) (Robinson, Ferzan, and Garvey, eds.) (Oxford University Press, 2009)
  • Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance” in The Rule of Recognition and the U.S. Constitution (with Schauer) (Adler, and Himma, eds.) (Oxford University Press, 2009)
  • Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues” in Expounding the Constitution (Huscroft, ed.) (Cambridge University Press, 2008)
  • “Is There Logical Space on the Moral Map for Toleration? A Brief Comment on Smith, Morgan, and Forst” in Toleration and Its Limits (Williams, and Waldron, eds.) (New York University Press, 2008)
  • “Deontology” in The Stanford Encyclopedia of Philosophy (with Moore) (Zalta, ed.) (Stanford University Press, 2007)
  • “Expression, Freedom of” in Encyclopedia of Law and Society: American and Global Perspectives (Clark, ed.) (Sage Publications, 2007)
  • “Judges as Rulemakers” in Common Law Theory (with Sherwin) (Edlin, ed.) (Cambridge University Press, 2007)
  • “Constitutionalism” in The Blackwell Guide to the Philosophy of Law and Legal Theory (Golding, and Edmundson, eds.) (Wiley-Blackwell, 2004)
  • Freedom of Expression as a Human Right” in Protecting Human Rights (Campbell, Goldsworthy, and Stone, eds.) (Oxford University Press, 2003)
  • The Legal Enforcement of Morality” in Companion to Applied Ethics (Frey, and Wellman, eds.) (Wiley-Blackwell, 2003)
  • Criminal Liability for Omissions: An Inventory of Issues” in Criminal Law Theory: Doctrines of the General Part (Shute, and Simester, eds.) (Oxford University Press, 2002)
  • “Interpreting Rules: The Nature and Limits of Inchoate Intentions” in Legal Interpretation in Democratic States (with Sherwin) (Campbell, and Goldsworthy, eds.) (Ashgate Publishing, 2002)
  • “Rule-Guidance, Rationality, and Constraint” in Legal and Political Philosophy (Villanueva, ed.) (Rodopi Philosophical Studies, 2002)
  • “Mistake” in Encyclopedia of Crime and Justice, 2nd Ed. (Dressler, ed.) (Macmillan Reference USA, 2001)
  • The Philosophy of Criminal Law” in The Oxford Handbook of Jurisprudence and Philosophy of Law (Coleman, and Shapiro, eds.) (Oxford University Press, 2001)
  • “Incitement and Freedom of Speech” in Freedom of Speech and Incitement Against Democracy (Kretzmer, and Hazan, eds.) (Spinger, 2000)
  • “Nonjudicial Interpretation of the Constitution” in Encyclopedia of the American Constitution, Supplement II (with Schauer) (Levy, Karst, and Winkler, eds.) (Macmillan Reference USA, 2000)
  • “Stare Decisis” in Encyclopedia of the American Constitution, Supplement II (Levy, Karst, and Winkler, eds.) (Macmillan Reference USA, 2000)
  • “Can the Law Survive the Asymmetry of Authority?” in Rules and Reasoning: Essays in Honour of Fred Schauer (Meyer, ed.) (Hart Publishing, 1999)
  • “State Action” in The Philosophy of Law: An Encyclopedia (Gray, ed.) (Routledge, 1999)
  • “Constitutional Tragedies and Giving Refuge to the Devil” in Constitutional Stupidities, Constitutional Tragedies (Eskridge, and Levinson, eds.) (New York University Press, 1998)
  • “Hate Speech” in The Constitution and Its Amendments (Newman, ed.) (Macmillan Reference USA, 1998)
  • “Against Legal Principles” in Law and Interpretation p.279 (with Kress) (Marmor, ed.) (Oxford University Press, 1997)
  • “Freedom of Speech” in Encyclopedia of Applied Ethics (Chadwick, ed.) (Academic Press, 1997)
  • “Precedent” in A Companion to the Philosophy of Law and Legal Theory (Patterson, ed.) (Wiley-Blackwell, 1996)
  • “All or Nothing at All? The Intentions of Authorities and the Authority of Intentions” in Law and Interpretation: Essays in Legal Philosophy p.357 (Marmor, ed.) (Oxford University Press, 1995)
  • “Freedom of Contract and the Family: A Skeptical Appraisal” in The American Family and the State (with Horton) (Glahe, and Peden, eds.) (Pacific Research Institute for Public Policy, 1986)

Journal Articles

  • Against Equality” in San Diego Legal Studies Paper Series (2017)
  • “Brexit and the Future of Liberal Democracy” in Cardozo Law Review (forthcoming 2017)
  • Hard Incompatibilism, and the Rejection of Moral Responsibility: A Skeptical Look at an Optimistic Account” in San Diego Legal Studies Paper Series (2017)
  • “Robert Nagel and the Emptiness of the Supreme Court's Standards of Review ” in Colorado Law Review (forthcoming 2017)
  • The Need to Attend to Probabilities (for Purposes of Self-Defense and Other Preemptive Actions)” in San Diego Law Review (forthcoming 2017)
  • Is Wrongful Discrimination Really Wrong?” in San Diego Legal Studies Paper Series (2016)
  • “Legal Positivism and Originalist Interpretation” in (forthcoming 2016)
  • Free Speech and Speaker's Intent: A Reply to Kendrick” in 115 Columbia Law Review Sidebar 1 (2015)
  • The Misconceived Search for the Meaning of 'Speech' in Freedom of Speech” in 5 Open Journal of Philosophy 39 (2015)
  • Constitutional Theories: A Taxonomy and (Implicit) Critique” in 51 San Diego Law Review 623 (2014)
  • Fish on Academic Freedom: A Merited Assault on Nonsense, But Perhaps a Bridge Too Far” in 9 Florida International Law 1 (2014)
  • “Galston on Religion, Conscience, and the Case for Accommodation” in 51 San Diego Law Review 1065 (2014)
  • The Most Persuasive Frankfurt Example, and What It Shows: Or Why Determinism Is Not the Greatest Threat to Moral Responsibility” in 4 Open Journal of Philosophy 141 (2014)
  • The Ontology of Consent” in 55 Analytic Philosophy 102 (2014)
  • “The Search for Legislative Intent” in 33 University of Queensland Law Journal 397 (2014)
  • What are Principles, and Do They Exist?” in (forthcoming 2014)
  • Can Self-Defense Justify Punishment” in 32 Law and Philosophy 159 (2013)
  • Causing the Conditions of One's Defense: A Theoretical Non-Problem” in 7 Criminal Law & Philosophy 623 (2013)
  • Disparate Impact: Fairness or Efficiency?” in 50 San Diego Law Review 191 (2013)
  • Is Freedom of Expression a Universal Right?” in 50 San Diego Law Review 207 (2013)
  • Originalism, the Why and the What” in 82 Fordham Law Review 539 (2013)
  • Other People's Errors” in 16 Ethical Theory and Moral Practice 1049 (2013)
  • Race Matters” in 29 Constitutional Commentary 31 (with Schwarzschild) (2013)
  • Redish on Freedom of Speech” in 107 Northwestern Law Review 593 (2013)
  • The Objectivity of Morality, Rules and Law: A Conceptual Map” in 65 Alabama Law Review 501 (2013)
  • Yaffe on Attempts” in 19 Legal Theory 124 (2013)
  • You Got What You Deserved” in 7 Criminal Law & Philosophy 309 (2013)
  • “'Moore or Less' Causation and Responsibility” in 6 Criminal Law & Philosophy 81 (with Ferzan) (2012)
  • Danger: The Ethics of Preemptive Action” in 9 Ohio State Journal of Criminal Law 637 (with Ferzan) (2012)
  • “Ferzander's Surrebuttal” in 6 Criminal Law & Philosophy 463 (with Ferzan) (2012)
  • “Reply to Berman, Brison, and Schauer” in 12 APA Newsletter on Philosophy and Law 13 (2012)
  • “Reply to Dolinko” in 6 Criminal Law & Philosophy 281 (with Ferzan) (2012)
  • The Method of Text and ?: Jack Balkin’s Originalism with No Regrets” in 2012 University of Illinois Law Review 611 (2012)
  • What’s Inside and Outside the Law?” in 31 Law and Philosophy 213 (2012)
  • Deontological Constraints in a Consequentialist World: A Comment on Law, Economics and Morality” in 3 Jerusalem Review of Legal Studies 75 (2011)
  • Michael Moore and the Mysteries of Causation in the Law” in 42 Rutgers Law Journal 301 (2011)
  • There is No First Amendment Overbreadth (But There are Vague First Amendment Doctrines); Prior Restraints Aren’t ‘Prior’; and ‘As Applied’ Challenges Seek Judicial Statutory Amendments” in 27 Constitutional Commentary 429 (2011)
  • Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation” in 16 Legal Theory 77 (2010)
  • “Response to Critics” in 29 Law and Philosophy 483 (with Ferzan) (2010)
  • “Response to Professor Kent Greenawalt's Lecture” in 47 San Diego Law Review 1153 (2010)
  • Telepathic Law” in 27 Constitutional Commentary 139 (2010)
  • “Waluchows — living tree constitutionalism” in 29 Law and Philosophy 93 (2010)
  • What are Constitutions, and What Should (and Can) They Do?” in 28 Social Philosophy & Policy 1 (2010)
  • “Constitutions, International Law, and the Settlement Function of Law: A Schema for Further Reflection” in 11 San Diego International Law Journal 43 (2009)
  • “Facts, Law, Exculpation, and Inculpation: Comments on Simons” in 3 Criminal Law & Philosophy 241 (2009)
  • “Kent Greenawalt and the Difficulty (Impossibility?) of Religion Clause Theory” in 25 Constitutional Commentary 243 (2009)
  • “Of Living Trees and Dead Hands: The Interpretation of Constitutions and Constitutional Rights” in 22 The Canadian Journal of Law & Jurisprudence 227 (2009)
  • “Culpable Acts of Risk Creation ” in 5 Ohio State Journal of Criminal Law 375 (with Ferzan) (2008)
  • Scalar Properties, Binary Judgments” in 25 Journal of Applied Philosophy 85 (2008)
  • Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering” in 50 William and Mary Law Review 1 (with Prakash) (2008)
  • What is Freedom of Association, and What is its Denial?” in 25 Social Philosophy & Policy 1 (2008)
  • “Delegation Really Running Riot” in 93 Virginia Law Review 1035 (with Prakash) (2007)
  • “How to Understand Legislatures: A Comment on Boudreau, Lupia, McCubbins, and Rodriguez” in 44 San Diego Law Review 993 (2007)
  • “Is Policy within Law's Limited Domain?” in 26 University of Queensland Law Journal 221 (with Schauer) (2007)
  • Judicial Review and Moral Rights” in 33 Queens Law Journal 1 (2007)
  • Law's Limited Domain Confronts Morality's Universal Empire” in 48 William and Mary Law Review 1579 (with Schauer) (2007)
  • Academic Freedom” in 77 University of Colorado Law Review 883 (2006)
  • Compelled Speech” in 23 Constitutional Commentary 147 (2006)
  • What is the Problem of Judicial Review?” in 31 Australian Journal of Legal Philosophy 1 (2006)
  • “Lesser Evils: A Closer Look at the Paradigmatic Justification” in 24 Law and Philosophy 611 (2005)
  • Popular? Constitutionalism?” in 118 Harvard Law Review 1594 (with Solum) (2005)
  • When Are We Rightfully Aggrieved?: A Comment on Postema” in 11 Legal Theory 325 (2005)
  • Grutter or Otherwise: Racial Preferences and Higher Education” in 21 Constitutional Commentary 3 (with Schwarzschild) (2004)
  • Is That English You're Speaking? Some Arguments for the Primacy of Intent in Interpretation” in 41 San Diego Law Review 967 (with Prakash) (2004)
  • The Jurisdiction of Justice: Two Conceptions of Political Morality” in 41 San Diego Law Review 949 (2004)
  • “Unknowingly Justified Actors and the Attempt/Success Distinction” in 39 Tulsa Law Review 851 (2004)
  • Constitutional Rules, Constitutional Standards, and Constitutional Settlement: Marbury v. Madison and the Case for Judicial Supremacy” in 20 Constitutional Commentary 369 (2003)
  • “Deception in Morality and Law” in 22 Law and Philosophy 393 (with Sherwin) (2003)
  • “Equal Protection and the Prosecution and Conviction of Crime” in 2002 The University of Chicago Legal Forum 155 (2003)
  • “Introduction to the Conference on Legal Transitions” in 13 Journal of Contemporary Legal Issues 1 (2003)
  • “Is Judicial Review Democratic? A Comment on Harel” in 22 Law and Philosophy 277 (2003)
  • Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation” in 20 Constitutional Commentary 97 (with Prakash) (2003)
  • Reports of the Nondelegation Doctrine's Death are Greatly Exaggerated” in 70 University of Chicago Law Review 1297 (with Prakash) (2003)
  • “Illiberalism All the Way Down: Illiberal Groups and Two Conceptions of Liberalism” in 12 Journal of Contemporary Legal Issues 625 (2002)
  • Ripstein, Reasonableness, and Objectivity” in 20 Law and Philosophy 617 (2001)
  • “The Supreme Court, the Florida Vote, and Equal Protection” in 38 San Diego Law Review 1077 (2001)
  • “Defending Judicial Supremacy: A Reply” in 17 Constitutional Commentary 455 (with Schauer) (2000)
  • Deontology at the Threshold” in 37 San Diego Law Review 893 (2000)
  • “Insufficient Concern: A Unified Conception of Criminal Culpability” in 88 California Law Review 931 (2000)
  • “Rules, Rights, Options, and Time” in 6 Legal Theory 337 (2000)
  • “The Uncertain Relationship Between Libertarianism and Utilitarianism ” in 19 Quinnipiac Law Review 657 (with Schwarzschild) (2000)
  • “Theory's A What Comes Natcherly” in 37 San Diego Law Review 777 (2000)
  • “A Unified Defense of Preemptive Self-Protection” in 74 Notre Dame Journal of Law 1475 (1999)
  • “Subversive Thoughts on Freedom and the Common Good” in 97 Michigan Law Review 813 (with Schwarzschild) (1999)
  • “With Me It's All 'Er Nuthin: Formalism in Law and Morality” in 66 University of Chicago Law Review 530 (1999)
  • “Affirmative Action and Legislative Purpose” in 107 Yale Law Journal 2679 (1998)
  • “Are Procedural Rights Derivative Substantive Rights?” in 17 Law and Philosophy 19 (1998)
  • “Banishing the Bogey of Incommensurability” in 146 University of Pennsylvania Law Review 1641 (1998)
  • “Good God, Garvey: The Inevitability and Impossibility of a Religious Justification of Free Exercise Exemptions” in 47 Drake Law Review 35 (1998)
  • “The Banality of Legal Reasoning” in 73 Notre Dame Law Review 517 (1998)
  • “Bad Beginnings” in 145 University of Pennsylvania Law Review 57 (1997)
  • “Discrimination by Proxy” in 14 Constitutional Commentary 453 (with Cole) (1997)
  • “Incomplete Theorizing” in 72 Notre Dame Law Review 531 (1997)
  • “Is Morality Like the Tax Code?” in 95 Michigan Law Review 1839 (1997)
  • “Mens Rea and Inchoate Crimes” in 87 Journal of Criminal Law and Criminology 1138 (with Kessler) (1997)
  • “On Extrajudicial Constitutional Interpretation” in 110 Harvard Law Review 1539 (with Schauer) (1997)
  • “Replies to Our Critics” in 82 Iowa Law Review 923 (1997)
  • “Sometimes Better Boring and Correct: Romer as an Exercise of Ordinary Equal Protection Analysis” in 68 University of Colorado Law Review 335 (1997)
  • “Still Lost in the Political Thicket (or Why I Don't Understand the Concept of Vote Dilution)” in 50 Vanderbilt Law Review 327 (1997)
  • “Affirmative Duties and the Limits of Self-Sacrifice” in 15 Law and Philosophy 65 (1996)
  • “Are Smith and Hialeah Reconcilable?” in 13 Constitutional Commentary 285 (1996)
  • “Banning Hate Speech and the Sticks and Stones Defense” in 13 Constitutional Commentary 71 (1996)
  • “Negligence, Crime, and Tort: Comments on Hurd and Simons” in 76 Boston University Law Review 301 (1996)
  • “The Moral Magic of Consent (II)” in 2 Legal Theory 165 (1996)
  • “The Supreme Court, Dr. Jekyll, and the Due Process of Proof” in 1996 Supreme Court Review 191 (1996)
  • “Fancy Theories of Interpretation Aren't” in 73 Washington University Law Quarterly 1081 (1995)
  • “Free Speech and Speaker's Intent” in 12 Constitutional Commentary 21 (1995)
  • “Impossible” in 72 Denver Law Review 1007 (1995)
  • “Is There Such a Thing as Extraconstitutionality? The Puzzling Case of Dalton v. Specter” in 27 Arizona State Law Journal 845 (with Lee) (1995)
  • “Originalism, or Who Is Fred?” in 19 Harvard Journal of Law and Public Policy 321 (1995)
  • “Constitutional Theory and Constitutionally Optional Benefits and Burdens” in 11 Constitutional Commentary 287 (1994)
  • “Crime and Culpability” in 5 Journal of Contemporary Legal Issues 1 (1994)
  • “Harm, Offense, and Morality” in 7 The Canadian Journal of Law & Jurisprudence 199 (1994)
  • “The Deceptive Nature of Rules” in 142 University of Pennsylvania Law Review 1191 (with Sherwin) (1994)
  • “Constitutional Torts, the Supreme Court, and the Law of Noncontradiction: An Essay on Zinermon v. Burch” in 87 Northwestern University Law Review 576 (1993)
  • “Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction: An Essay in Memory of Myke Bayles” in 12 Law and Philosophy 33 (1993)
  • “Liberalism, Religion, and the Unity of Epistemology” in 30 San Diego Law Review 763 (1993)
  • “Practical Reason and Statutory Interpretation” in 12 Law and Philosophy 319 (1993)
  • “Self Defense, Justification and Excuse” in 22 Philosophy and Public Affairs 53 (1993)
  • “The ADL Hate Crime Statute and the First Amendment” in 11 Criminal Justice Ethics 49 (1993)
  • “The Public/Private Distinction(s)” in 10 Constitutional Commentary 361 (1993)
  • “Trouble on Track Two: Incidental Regulations of Speech and Free Speech Theory” in 44 Hastings Law Journal 921 (1993)
  • “Voluntary Acts: The Child/Davidson Trilemma” in 11 Criminal Justice Ethics 98 (1993)
  • “What We Do and Why We Do It” in 45 Stanford Law Review 1885 (1993)
  • “A Comment on Cass Sunstein's Equality” in 9 Constitutional Commentary 189 (with Sherwin) (1992)
  • “Foreward: Coleman and Corrective Justices” in 15 Harvard Journal of Law and Public Policy 621 (1992)
  • “Proving the Law” in 86 Northwestern University Law Review 905 (1992)
  • “What Makes Wrongful Discrimination Wrong?” in 141 University of Pennsylvania Law Review 149 (1992)
  • “Self-Defense, Punishment, and Proportionality” in 10 Law and Philosophy 323 (1991)
  • “The Gap” in 14 Harvard Journal of Law and Public Policy 695 (1991)
  • “Essay: Of Two Minds About Law and Minds” in 88 Michigan Law Review 2444 (1990)
  • “Law and Exclusionary Reasons” in 18 Philosophical Topics 5 (1990)
  • “Lost in the Political Thicket” in 41 Florida Law Review 563 (1990)
  • “Reconsidering the Relationship among Voluntary Acts, Strict Liability, and Negligence in Criminal Law” in 7 Social Philosophy & Policy 84 (1990)
  • “Constrained by Precedent” in 63 Southern California Law Review 1 (1989)
  • “Low Value Speech” in 83 Northwestern University Law Review 547 (1989)
  • “Personal Projects and Impersonal Rights” in 12 Harvard Journal of Law and Public Policy 813 (1989)
  • “The Constitution as Law” in 6 Constitutional Commentary 103 (1989)
  • “Understanding Constitutional Rights in a World of Optional Baselines” in 26 San Diego Law Review 175 (1989)
  • “Legal Theory and Judicial Accountability: A Comment on Seidman” in 61 Southern California Law Review 1601 (1988)
  • “Causation and Corrective Justice: Does Tort Law Make Sense?” in 6 Law and Philosophy 1 (1987)
  • “Justification and Innocent Aggressors” in 33 Wayne Law Review 1177 (1987)
  • “Scheffler on the Independence of Agent-Centered Prerogatives from Agent-Centered Restrictions” in 84 Journal of Philosophy 277 (1987)
  • “Striking Back at the Empire: A Brief Survey of Problems in Dworkin's Theory of Law” in 6 Law and Philosophy 419 (1987)
  • “The Relationship Between Procedural Due Process and Substantive Constitutional Rights” in 34 Florida Law Review 323 (1987)
  • “Consent, Punishment, and Proportionality” in 15 Philosophy and Public Affairs 178 (1986)
  • “Liberalism, Neutrality, and Equality of Welfare Versus Equality of Resources” in 16 Philosophy and Public Affairs 85 (with Schwarzschild) (1986)
  • “Takings of Property and Constitutional Serendipity” in 41 University of Miami Law Review 223 (1986)
  • “Consumer Boycotts and Freedom of Association: A Comment on a Recently Proposed Theory” in 22 San Diego Law Review 555 (with Schwarzchild) (1985)
  • “Electronic Monitoring of Felons by Computer: Threat or Boon to Civil Liberties” in 11 Social Theory and Practice 89 (with E. Alexander) (1985)
  • “Fair Equality of Opportunity: Rawls' (Best?) Forgotten Principle” in 11 Philosophy Research Archives 197 (1985)
  • “Is There an Overbreadth Doctrine?” in 22 San Diego Law Review 541 (1985)
  • “Pursuing the Good-Indirectly” in 95 Ethics 315 (1985)
  • “Another Look at Moral Blackmail” in 10 Philosophy Research Archives 189 (1984)
  • “Kidney Pooling” in 2 Cogito 15 (1984)
  • “Natural Advantages and Contractual Justice” in 3 Law and Philosophy 281 (with Wang) (1984)
  • “Reiman's Libertarian Interpretation of Rawls' Difference Principle” in 10 Philosophy Research Archives 13 (1984)
  • “Painting Without the Numbers: Noninterpretive Judicial Review” in 8 University of Dayton Law Review 447 (1983)
  • “Retributivism and the Inadvertent Killing of the Innocent” in 2 Law and Philosophy 233 (1983)
  • “The Impossibility of a Free Speech Principle” in 78 Northwestern University Law Review 1319 (with Horton) (1983)
  • “Zimmerman on Coercive Wage Offers” in 12 Philosophy and Public Affairs 160 (1983)
  • “Liberalism as Neutral Dialogue: Man and Manna in the Liberal State” in 28 UCLA Law Review 816 (1981)
  • “Modern Equal Protection Theories: A Metatheoretical Taxonomy and Critique” in 42 Ohio State Law Journal 3 (1981)
  • “Commercial Speech and First Amendment Theory” in 75 Northwestern University Law Review 307 (1980)
  • “Hercules or Proteus? The Many Theses of Ronald Dworkin” in 5 Social Theory and Practice 267 (with Bayles) (1980)
  • “The Doomsday Machine: Proportionality, Prevention and Punishment” in 63 The Monist 199 (1980)
  • “The Stork Market” in 4 Journal of Libertarian Studies 173 (with O'Driscoll) (1980)
  • “Ingraham v. Wright: A Primer for Cruel and Unusual Jurisprudence” in 52 Southern California Law Review 1305 (with Horton) (1979)
  • “Motivation and Constitutionality: A Postscript” in 16 San Diego Law Review 885 (1979)
  • “Introduction: Motivation and Constitutionality ” in 15 San Diego Law Review 925 (1978)
  • “Speech in the Local Marketplace” in 14 San Diego Law Review 357 (1977)
  • “The Province of Constitutional Law Casebook Jurisprudence Redetermind” in 29 Stanford Law Review 1299 (1977)
  • “Cutting the Gordian Knot: State Action and Self-Help Repossession” in 2 Hastings Constitutional Law Quarterly 893 (1976)
  • “Self-Defense and the Killing of Noncombatants” in 5 Philosophy and Public Affairs 408 (1976)
  • “The Authentication of Documents Requirement” in 10 San Diego Law Review 266 (with E. Alexander) (1973)
  • “The New Racism” in 9 San Diego Law Review 190 (with E. Alexander) (1972)

Presentations and Conferences

  • Organizer and participant at Analytic Legal Philosophy Conference at Michigan Law School (April 2017)
  • Presenter at Crime Without Fault Symposium at Georgetown Law School (January 2017)
  • "Jurisprudence" as presenter at AALS (January 7, 2016)
  • "Book Conference on Ignorance of Law: A Philosophical Inquiry by Douglas Husak" as participant (11-12)
  • "Panel on Law and Justice" as panelist at National Workshop for Bankruptcy Judges II (August 5, 2015)
  • Presenter at Conference on Constitutional Interpretation and Legal Positivism (29-30)
  • Participant at Analytic Legal Philosophy Conference (11-12)
  • Presenter at The Ethics and Law of Omissions (17-18)
  • Organizer and participant at Conference on Global Justice and Fair Trade (24-25)
  • "Panel on Law and Justice" as panelist at National Workshop for Bankruptcy Judges I (March 23, 2015)
  • Participant at Hosanna-Tabor and/or Smith v. Employment Division (13-14)
  • Participant at Originalism Works-in-Progress Conference (20-21)
  • Participant at Roundtable on Public Reason (13-14)
  • "AALS Section on Jurisprudence" as presenter at AALS Section on Jurisprudence (January 5, 2015)
  • "Jurisprudence" as presenter at AALS (January 5, 2015)
  • "Is Dworkin an Originalist?" as presenter at Dunbar Lecture in Law and Philosophy at University of Mississippi (October 6, 2014)
  • "Was Dworkin an Originalist?" as presenter at Faculty Colloquium at University of Virginia School of Law (September 5, 2014)
  • "The Legacy of Ronald Dworkin" as presenter at Conference on The Legacy of Ronald Dworkin (May 30, 2014)
  • "Judicial Activism" as presenter at International Conference on Judicial Activism (May 26, 2014)
  • Participant at Analytic Legal Philosophy Conference (May 23, 2014)
  • Participant at Conference on Originalism and the Good Constitution at University of San Diego School of Law (April 11, 2014)
  • "Is Religion Special?" as commentator and organizer at Conference on "Is Religion Special" at University of San Diego School of Law (February 28, 2014)
  • Participant at Originalism Works-in-Progress Conference at University of San Diego School of Law (February 21, 2014)
  • "Stanley Fish's Versions of Academic Freedom" as presenter at Conference on Stanley Fish's Versions of Academic Freedom (January 24, 2014)

Contact:

Office of the Dean
Warren Hall, Room 201
Phone: (619) 260-4527