Publications
PUBLICATIONS
Books:
Out of Eden: Adam and Eve and the Problem of Evil, Fall 2006.
Putting Liberalism in its Place, Princeton University Press, Winter 2004.
Law and Love: The Trials of King Lear, Yale University Press, Spring 2000.
The Cultural Study of Law: Reconstructing Legal Scholarship, University of Chicago Press, Spring 1999 (paperback Fall 2000). Spanish translation, El analisis cultural del derecho: Una reconstruccion de los estudios juridicos, Spring 2001.
The Reign of Law: Marbury v. Madison and the Construction of America, Yale University Press, Spring 1997 (paperback 2002).
Legitimacy and History: Self-Government in American Constitutional Theory, Yale University Press, Fall 1992 (paperback 1995).
Articles:
"Political Time: Sovereignty and the Transtemporal Community," Cardozo Law Review, 2006.
"Legal Performance and the Imagination of Sovereignty," 3 Performance and the Law, 2006.
"Judicial Ethos and the Autonomy of Law," Dickinson Law Review, 2006.
"Beyond Reason and Desire: Political Thought and the Problem of Sex," American Sexuality Magazine, vol. 3, no. 4, 2005.
"American Exceptionalism, Popular Sovereignty and the Rule of Law," in American Exceptionalism, edited by Michael Ignatieff, Princeton University Press, 2005.
"Reformation Redux: The Question of Sovereignty in the 21st Century," Stanford Law Review, 2004.
"Comparative Constitutionalism in a New Key," Michigan Law Review, 2004.
"Universal Jurisdiction of the Rule of Law," in The Pinochet Case, Woodrow Wilson Center, Princeton University, 2005.
"Owen Fiss: Heroism in the Law," University of Miami Law Review, 2004.
"The International Criminal Court: Why the United States is so Opposed," Crimes of War Project, The Magazine, December 2003.
"National Security and Human Rights after September 11," in Human Rights: From the Fronteirs of Research (Upsala 2003).
"The Paradox of Riskless Warfare," Philosophy and Public Policy Quarterly, Summer 2002.
"Freedom, Autonomy, and the Cultural Study of Law," Yale Journal of Law and the Humanities, Spring 2001.
"Verfassungsgerichtsbarkeit und demokratische Legitimation," 49 Jahrbuch des Oeffentlichen Rechts der Gegenwart, 2001.
"Conceptos Cambiantes en la situacion politica de la religion," Revista Juridica de la Universidad de Palermo, 2000.
"War Powers and the Millennium," 34 Loyola Law Journal, November 2000.
"Speaking Law to Power: Popular Sovereignty, Human Rights, and the New International Order," Chicago Journal of International Law, Spring 2000.
"War and Sacrifice in Kosovo," 19 Philosophy and Public Policy, Spring/Summer 1999.
"Nuclear Weapons and the Rule of Law," 31 New York University Journal of International Law & Politics, Winter/Spring 1999.
"On Pinochet," Boston Review, February/March 1999.
"State Constitutionalism and the Problems of Fairness," 30 Valaparaiso University Law Review, Spring 1996.
"Independence and Responsibility in the Judicial Role," (in Transition to Democracy in Latin America: The Role of the Judiciary, edited by Irwin P. Stotzky).
"Two Communities: Professional and Political," 24 Rutgers Law Journal, Summer 1993.
"Love Field," The New Republic, Spring 1993.
"Interpretation and Authority in State Constitutionalism," 106 Harvard Law Review, Spring 1993.
"Lessons for International Law from the Gulf War," 45 Stanford Law Review, Winter 1993.
"Community in Contemporary Constitutional Theory," 99 Yale Law Journal, Fall 1989.
"Reason and Will in the Origins of American Constitutionalism," 98 Yale Law Journal, Winter 1989.
"Theory and Power in the White House," Yale Law Report, Fall 1988.
"The Court, the Community and the Judicial Balance: The Jurisprudence of Justice Powell," 97 Yale Law Journal, Fall 1987.
"From Nuremberg to the Hague: The United States Position in Nicaragua v. United States and the Development of International Law," 12 Yale Journal of International Law, Winter 1987.
"Gramm-Rudman and the Capacity of Congress to Control the Future," 13 Hastings Constitutional Law Quarterly, Winter 1986.
"The New Federalism Reconsidered," with Stuart Eizenstat, Public Welfare, Spring 1983.
Books:
Out of Eden: Adam and Eve and the Problem of Evil, Fall 2006.
Putting Liberalism in its Place, Princeton University Press, Winter 2004.
Law and Love: The Trials of King Lear, Yale University Press, Spring 2000.
The Cultural Study of Law: Reconstructing Legal Scholarship, University of Chicago Press, Spring 1999 (paperback Fall 2000). Spanish translation, El analisis cultural del derecho: Una reconstruccion de los estudios juridicos, Spring 2001.
The Reign of Law: Marbury v. Madison and the Construction of America, Yale University Press, Spring 1997 (paperback 2002).
Legitimacy and History: Self-Government in American Constitutional Theory, Yale University Press, Fall 1992 (paperback 1995).
Articles:
"Political Time: Sovereignty and the Transtemporal Community," Cardozo Law Review, 2006.
"Legal Performance and the Imagination of Sovereignty," 3 Performance and the Law, 2006.
"Judicial Ethos and the Autonomy of Law," Dickinson Law Review, 2006.
"Beyond Reason and Desire: Political Thought and the Problem of Sex," American Sexuality Magazine, vol. 3, no. 4, 2005.
"American Exceptionalism, Popular Sovereignty and the Rule of Law," in American Exceptionalism, edited by Michael Ignatieff, Princeton University Press, 2005.
"Reformation Redux: The Question of Sovereignty in the 21st Century," Stanford Law Review, 2004.
"Comparative Constitutionalism in a New Key," Michigan Law Review, 2004.
"Universal Jurisdiction of the Rule of Law," in The Pinochet Case, Woodrow Wilson Center, Princeton University, 2005.
"Owen Fiss: Heroism in the Law," University of Miami Law Review, 2004.
"The International Criminal Court: Why the United States is so Opposed," Crimes of War Project, The Magazine, December 2003.
"National Security and Human Rights after September 11," in Human Rights: From the Fronteirs of Research (Upsala 2003).
"The Paradox of Riskless Warfare," Philosophy and Public Policy Quarterly, Summer 2002.
"Freedom, Autonomy, and the Cultural Study of Law," Yale Journal of Law and the Humanities, Spring 2001.
"Verfassungsgerichtsbarkeit und demokratische Legitimation," 49 Jahrbuch des Oeffentlichen Rechts der Gegenwart, 2001.
"Conceptos Cambiantes en la situacion politica de la religion," Revista Juridica de la Universidad de Palermo, 2000.
"War Powers and the Millennium," 34 Loyola Law Journal, November 2000.
"Speaking Law to Power: Popular Sovereignty, Human Rights, and the New International Order," Chicago Journal of International Law, Spring 2000.
"War and Sacrifice in Kosovo," 19 Philosophy and Public Policy, Spring/Summer 1999.
"Nuclear Weapons and the Rule of Law," 31 New York University Journal of International Law & Politics, Winter/Spring 1999.
"On Pinochet," Boston Review, February/March 1999.
"State Constitutionalism and the Problems of Fairness," 30 Valaparaiso University Law Review, Spring 1996.
"Independence and Responsibility in the Judicial Role," (in Transition to Democracy in Latin America: The Role of the Judiciary, edited by Irwin P. Stotzky).
"Two Communities: Professional and Political," 24 Rutgers Law Journal, Summer 1993.
"Love Field," The New Republic, Spring 1993.
"Interpretation and Authority in State Constitutionalism," 106 Harvard Law Review, Spring 1993.
"Lessons for International Law from the Gulf War," 45 Stanford Law Review, Winter 1993.
"Community in Contemporary Constitutional Theory," 99 Yale Law Journal, Fall 1989.
"Reason and Will in the Origins of American Constitutionalism," 98 Yale Law Journal, Winter 1989.
"Theory and Power in the White House," Yale Law Report, Fall 1988.
"The Court, the Community and the Judicial Balance: The Jurisprudence of Justice Powell," 97 Yale Law Journal, Fall 1987.
"From Nuremberg to the Hague: The United States Position in Nicaragua v. United States and the Development of International Law," 12 Yale Journal of International Law, Winter 1987.
"Gramm-Rudman and the Capacity of Congress to Control the Future," 13 Hastings Constitutional Law Quarterly, Winter 1986.
"The New Federalism Reconsidered," with Stuart Eizenstat, Public Welfare, Spring 1983.