“A Deweyan Perspective on the Economic Theory of Democracy”

  • Legal Ethics and Professional Responsibility
Constitutional Commentary
1995

“Positive Theory as Conceptual Critique - A Piece of a Pragmatic Agenda? (Symposium on Positive Political Theory and Law)”

  • Legal History
Southern California Law Review
1995

“Lacking a Transformative Social Theory: A Response”

  • Legal Writing and Research
Stanford Law Review
1993

“Government Interests and Takings: Cultural Commitments of Property and the Role of Political Theory”

  • Constitutional Law
Public Values in Constitutional Law
1993

Reinterpreting Property

  • Corporate and Securities Law
1993

“Compensation and Commensurability”

  • Corporate and Securities Law
Duke Law Journal
1993

“On the Domain of Market Rhetoric (Annual Institute for Humane Studies Law and Philosophy Issue--Symposium on Risks and Wrongs, University of San Diego, School of Law - 1992)”

  • Corporate and Securities Law
Harvard Journal of Law and Public Policy
1992

“Evaluating Government Reasons for Changing Property Regimes (Conference on Compelling Government Interests: The Mystery of Constitutional Analysis)”

  • Constitutional Law
Albany Law Review
1992

“Pragmatist and Poststructuralist Critical Legal Practice (Commentary)”

  • Legal Ethics and Professional Responsibility
University of Pennsylvania Law Review
1991

“Reflections on Objectification (Symposium on Biomedical Technology and Healthcare: Social and Conceptual Transformations)”

  • Law and Technology
  • Health Law
Southern California Law Review
1991

“Presumptive Positivism and Trivial Cases (Symposium on Law and Philosophy)”

  • Philosophy of Law
Harvard Journal of Law and Public Policy
1991

“ ‘After the Final No There Comes a Yes’: A Law Teacher’s Report”

  • Legal Writing and Research
Yale Journal of Law and the Humanities
1990

“The Constitution and the Liberal Conception of Property”

  • Constitutional Law
Judging the Constitution: Critical Essays on Judicial Lawmaking
1989

“Reconsidering the Rule of Law”

  • Constitutional Law
Boston University Law Review
1989

“The Liberal Conception of Property: Cross Currents in the Jurisprudence of Takings”

  • Corporate and Securities Law
Columbia Law Review
1988

“Market-Inalienability”

  • Corporate and Securities Law
Harvard Law Review
1987

“Time, Possession, and Alienation (Symposium: Time, Property Rights, and the Common Law)”

  • Corporate and Securities Law
Washington University Law Quarterly
1986

“The Consequences of Conceptualism (Symposium on Richard Epstein’s Takings: Private Property and the Power of Eminent Domain)”

  • Administrative Law
University of Miami Law Review
1986

“Proportionality, Subjectivity, and Tragedy (Death Penalty Symposium: II. Issues in the Administration of the Death Penalty)”

  • Administrative Law
University of California Davis Law Review
1985

Review of Death Penalties: The Supreme Court’s Obstacle Course by Raoul Berger

  • Legal Writing and Research
Journal of Criminal Law and Criminology
1983

“Property and Personhood”

  • Human Rights
Stanford Law Review
1982

“Cruel Punishment and Respect for Persons: Super Due Process for Death”

  • Criminal Law
Southern California Law Review
1980

“The Jurisprudence of Death: Evolving Standards for the Cruel and Unusual Punishments Clause”

  • Legal Ethics and Professional Responsibility
University of Pennsylvania Law Review
1978

“The Regulation of Unfairness in Contract”

Research Handbook on the Philosophy of Contract Law