Recent Books
 Cybercrime:
Digital Cops in a Networked Environment (New York University
Press 2007) edited with James Grimmelman, Eddan Katz, Nimrod
Kozlovski, Shlomit Wagman, and Tal Zarsky, features essays by leading
experts in law, criminal justice, and security studies about crime
prevention and security protection in the electronic age. Ranging
from new government requirements that facilitate spying to new
methods of digital proof, the book explains how criminal law-and even
crime itself-have been transformed in our networked world.
 The
State of Play: Law, Games and Virtual Worlds (New York
University Press 2006) edited with Beth Noveck, features essays about
the legal issues raised by virtual worlds and massively-multiplayer
online games. The authors include some of the foremost legal
scholars, policy analysts and game designers working on the
challenges of new virtual environments, where people work, play, and
spend increasing proportions of their lives.
 What
Roe v. Wade Should Have Said: America's Top Legal Experts Rewrite
America's Most Controversial Decision (New York University Press
2005) features eleven rewritten versions of the Roe opinion,
both for and against the right to abortion, offered by some of the
leading constitutional scholars in the United States. The book also
includes a critical introduction to the Roe opinion and its legacy.
 The
Laws of Change: I Ching and the Philosophy of Life (Schocken
Press 2002) is a new translation of and commentary on the I Ching
or Book of Changes, one of the oldest books in human history
and a treasure of world literature. This new edition presents the Book
of Changes as a book of wisdom, a work of practical philosophy
that teaches how to cultivate one's character, achieve emotional
balance and maintain one's values and one's integrity in the face of
adversity and ever-changing circumstances. You can learn more about
the book here.
 What
Brown v. Board of Education Should Have Said: America's Top Legal
Experts Rewrite America's Landmark Civil Rights Decision (New
York University Press 2001) features nine versions of the Brown
opinion by some of the leading constitutional and civil rights
scholars in the United States, as well as a critical introduction to
the Brown opinion, a history of the Brown litigation,
and a discussion of the continuing debates over the decision's
legacy. You can learn more about the book here.
Also visit the book's companion website, BrownvBoard.com--
An Interactive Civil Rights Chronology, which describes
important historical events in the struggle for civil rights.
 CulturalSoftware:
A Theory of Ideology (Yale University Press) is a new theory of
culture, cultural evolution and memetics that explains how ideologies
and beliefs grow, spread, and develop in human minds. It is the first
book to apply the study of memes and cultural evolution to the theory
of ideology. You can learn more about the book here.
Aspen Publishers has released the fifth edition of Processes of
Constitutional Decisionmaking, co-edited with Paul Brest, Sanford
Levinson, Akhil Amar and Reva Siegel. The new edition makes a
significant statement about the constitutional canon. You can learn
more about the book here.
Recent Op-eds and Short Pieces
Should Liberals Stop Defending
Roe?, Legal Affairs, November 28th, 2005 (with Sanford Levinson) online
version
Alive and Kicking: Why No One Truly Believes in a
Dead Constitution. First published in
Slate, August 29th, 2005. online version.
Recent Scholarly Articles
Original Meaning and Constitutional Redemption,
SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=987060
Abortion and Original Meaning, SSRN,
http://ssrn.com/abstract=925558.
13 Ways of Looking at Dred Scott, SSRN, __
Chicago Kent L. Rev. __ (2007)(with Sanford Levinson), http://papers.ssrn.com/abstract=968975
How New Genetic Technologies Will Transform Roe v. Wade,
__ Emory L. Rev. __ (2007), http://papers.ssrn.com/abstract=964508
The Processes of Constitutional Change: From
Partisan Entrenchment to the National Surveillance State, 75
Fordham Law Review 489 (2006)(with Sanford Levinson), SSRN, http://ssrn.com/abstract=930514
Jack M. Balkin, Online Legal Scholarship: The Medium
and the Message, 116 Yale L.J. Pocket Part 20 (2006). online
version
Law and the Humanities: An Uneasy Relationship,
18 Yale J. L. & Hum. 155 (2006)(with Sanford Levinson) online
version
Principles, Practices, and Social Movements,
154 U. Pa. L. Rev. 927 (2006)(with Reva Siegel) online
version
For earlier
publications see the Bibliography
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