University Press, 2011), argues that the best versions of
originalism and living constitutionalism are not in conflict but are
compatible. It shows why modern conceptions of civil rights and civil
liberties, and the modern states protection of national
security, health, safety, and the environment, are fully consistent
with the Constitutions original meaning. And it explains how
both liberals and conservatives, working through political parties
and social movements, play important roles in the ongoing project of
Redemption: Political Faith in an Unjust World
(Harvard University Press, 2011), argues that what makes the
Constitution legitimate is Americans' enduring faith that its
promises can be redeemed, and the constitutional system be brought
closer to a "more perfect union."
Constitution in 2020 (Oxford
University Press 2009) edited with Reva Siegel, features essays by
some of America's finest constitutional thinkers about how we should
interpret the U.S. Constitution and address the key constitutional
challenges of the 21st century.
of Constitutional Decisionmaking,
co-edited with Paul Brest, Sanford Levinson, Akhil Amar and Reva
Siegel, is now in its fifth edition. Long famous for its unique
historical approach, the book makes a significant statement about the
constitutional canon. You can learn more about the book here.
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
State of Play: Law, Games and Virtual Worlds
(New York University Press 2006) edited with Beth Noveck, contains
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.
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.
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
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
Laws of Change: I Ching and the Philosophy of Life
(Sybil Creek Press 2009) 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.
Software: A Theory of Ideology
(Yale University Press 1998) 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.
Canons, (New York University
Press, 2000) co-edited with Sanford Levinson, explores the idea of
canon in law and legal scholarship. It features fifteen essays by
leading legal scholars focusing on what the canon and canonicity mean
for different areas and aspects of law. You can learn more about the
Selected Recent Essays
The Last Days of Disco: Why
The American Political System is Dysfunctional, 94
B.U. L. Rev. __ (forthcoming 2014), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2403508.
Why Are Americans
LAW, SOCIETY AND COMMUNITY: SOCIO-LEGAL ESSAYS IN HONOUR OF ROGER
COTTERRELL, David Schiff and Richard Nobles, eds. (Ashgate
Publishing, forthcoming 2015), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2379587.
Old School/New School Speech
Harv. L. Rev. __ (forthcoming 2014), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2377526.
The New Originalism and the
Uses of History,
82 Fordham L. Rev. 641 (2013), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2303980.
Verdi's High C,
91 Tex. L. Rev. 1687 (2013), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2240496.
The Court Affirms the Social Contract,
in The Health Care Case: The Supreme Courts Decision and Its
Implications (Nathaniel Persily, Gillian E. Metzger, and Trevor W.
Morrison, eds., Oxford University Press, 2013, Forthcoming), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2234739.
Must We be Faithful to
Original Meaning?, 7 Jerusalem Review of Legal Studies 57 (2013),
pdf, SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2258678.
The American Constitution as
"Our Law", 25 Yale J. L. &
Human. 113 (2013), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2247584.
Sanford Levinson's Second
Thoughts About Constitutional Faith, 48
Tulsa L. Rev. 169 (2012), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2198740.
The Dangerous Thirteenth Amendment,
112 Colum. L. Rev. 1459 (2012)(with Sanford Levinson), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2115222.
The First Amendment is an
Information Policy, 41 Hofstra L. Rev. 1
(2012), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2213465.
Room for Maneuver: Julie
Cohen's Theory of Freedom in the Information State,
6 Jerusalem Review of Legal Studies 79 (2012), pdf,
The Roots of the Living Constitution,
92 B.U. L. Rev. 1129 (2012), pdf,
The Distribution of Political Faith,
71 Univ. of Md. L. Rev. 1144 (2012), pdf,
Nine Perspectives on Living
Orignalism, 2012 Univ. of Ill. L. Rev. 815 (2012), pdf,
Power: The Information Society from an Antihumanist Perspective,
in THE GLOBAL FLOW OF INFORMATION (Eddan Katz and Ramesh
Subramanian, eds., N.Y.U. Press 2011), SSRN, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1648624.
Morton Horwitz Wrestles with
the Rule of Law,
in TRANSFORMATIONS IN AMERICAN HISTORY: LAW, IDEOLOGY, POLITICS, AND
METHOD, Daniel W. Hamilton and Alfred L. Brophy, eds. (Harvard
University Press, 2011)(with Sanford Levinson). [pdf]
109 Mich. L. Rev. 1 (2010), pdf,
The Reconstruction Power,
85 N.Y.U. L. Rev. 1801 (2010), pdf,
For more essays see the bibliography