Scholarly Articles and Essays:
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2003
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“Law in Searle,”
in John Searle (Cambridge, ed. Barry Smith, forthcoming)
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“God’s Image and
Egalitarian Politics,” Social Philosophy & Policy, forthcoming
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“Thinking About
Eden: A Tribute to Herbert Morris,”
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"Collective
Crime," in Foundations and Limitations of Criminal Law and Criminal
Procedure--
in
Memory of Prof. Fu Tseng Hung (forthcoming)
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2002
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“Trois modèles de compétence
universelle,” in Jurisdictions nationales et crimes internationaux
(Antonio Cassese
and Mireille Delmas-Marty, eds)
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“Civilizing War: Shall We Pursue
Justice or War?” Robert P. Kogod Annual Lecture
|
“Remembering Gary – and Tort Theory,” 50
UCLA L. Rev. 1
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“The Fault of Not Knowing,” 3 Theoretical
Issues in Law 265
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“What Common Lawyers can Learn from European
Theorists of Criminal Law," 17 Bar-Ilan Studies in
Law 91
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“The Many Faces of Bush v. Gore,”
in The Longest Night: Polemics and Perspectives on Election 2000
(A. Jacobson and M. Rosenfeld eds.)
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“The Storrs Lectures: Liberals and Romantics
at War: The Problem of Collective Guilt,”
111 Yale Law Journal 1499
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“On Justice and War: Contradictions in the
Proposed Military Tribunals,” 25 Harv. J. Law & Pub. Pol. 635
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2001
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“Perspectives” (in French), Les
Actes des Primèrs Recontres de l’UMR de droit comparé
(28.29 mai
2001)
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“Adam and our Selves,” in Judaism
and Modernity:The Religious Philosophy of David Hartman
(Jerusalem: Jonathon Malino ed.)
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“Three Nearly Sacred Books
in Western Law,” 54 Arkansas Law Review 1
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“Criminal Theory in the Twentieth
Century,” 2 Theoretical Inquiries in Law 265
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“Wokół Rozróżnienia
‘Ius’ i ‘Lex’,” Conference paper
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2000
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"Thinking Torts: Private Remedies for the
Defamation of Political Leaders," in Freedom of Speech
and
Incitement Against Democracy (D. Kretzmer and
F.K. Hazan eds.)
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"Material Poverty, Moral Poverty" in From
Social Justice to Criminal Justice: Poverty and the
Administration of Criminal Law (W. Heffernan and J. Kleinig,
eds.)
|
"Staatsangehörigkeit als Verfassungsrechtsmerkmal,"
in Kritische Vierteljahresschrift für Gesetzgebung
und
Rechtswissenschaft, special issue in honor of Winfried Hassemer
|
"Prologo" (in Spanish) in Terror y Justicia
en La Argentina by Jaime Malamud-Goti
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“The Nature and Function of Criminal Theory,"
88 California Law Review 687
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“The Place of Victims in the Theory of Retribution,”
3 Buffalo Criminal Law Review 51
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“Der Platz des Opfers (The Place
of Victims) in einer Vergeltungstheorie,” in Die Stellung des Opfers
in
Strafrechtssystem (Carl Heymanns Verlag KG, ed.
Bernd Schünemann & Markus Dirk
Dubber)
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"Strafrechtsdogmatik in ausländischer
Sicht," in Die deutsche Strafrechtwissenschaft vor
Jahrtausendwende: Rückbesinnung und Ausblick (Munich:A.Eser,
W. Hassemer, B.
Burkhardt eds.)
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1999
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“The Shape of Equality: Perspective in Law,
Morality, and Religion,” 4 Ars Interpretandi: J. for Legal
Hermeneutics 327
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"In God's Image: The Religious Imperative
of Equality under Law," 99 Columbia Law Review 1608
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"A Trial in Germany," 18 Criminal
Justice Ethics 3
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"Disenfranchisement as Punishment: Reflections
on the Racial Uses of Infamia," 46 UCLA L. Rev. 1895
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1998
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"The Meaning of Innocence," 48 Univ. of Toronto
L.J. 157
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"Comparative Law as a Subversive Discipline,"
46 American Journal of Comparative Law 683
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“New Voices in Criminal Law Theory,”
Buffalo Criminal Law Review
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“The Meaning of Innocence,” 48 Univ. of Toronto
L.J. 157
|
"Truth in Codification," 31 U.C. Davis L.
Rev. 745
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"Dogmas of the Model Penal Code," 2
Buffalo Criminal Law Review 3
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"The Fall and Rise of Criminal Theory," 1
Buffalo Criminal Law Review 275
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1997
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“The Philosopher's Brief,” New York Review
of Books, 5/29
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"Self-Defense of Battered Women, [in Hebrew]"
6 Israel Journal of Criminal Justice 65
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"What Law is Like," 50 Southern Methodist
Univ. Law Review 1599
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"The Case for Linguistic Self Defense," in
The Morality of Nationalism 324 (Robert McKim &
Jeff
McMahon,
eds.)
|
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1996
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"Domination in Wrongdoing," 76 Boston Univ.
Law Review 347
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"Domination in the Theory of Justification
and Excuse," 57 Univ. of Pittsburgh Law Review 553
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"Complicity," 30 Israel Law Review 140
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"The Case for Tolerance," 13 Social Philosophy
& Policy 229
|
"The Instability of Intolerance," in Toleration:
An Elusive Virtue (David Heyd, etc.)
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"Responsibility" and "Loyalty," in A Companion
to Philosophy of Law and Legal Theory (Dennis
Patterson,
ed.)
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1995
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"Is Conspiracy Unique to the Common Law"
(Review of Elisabetta Grande, Accordo Criminoso E
Conspiracy),
43 American Journal of Comparative Law 171
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"Democracy in Jury Selection," 3 Jahrbuch
für Recht und Ethik 135
|
"Political Correctness in Jury Selection,"
29 Suffolk Law Review 1
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1994
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"What Is Punishment Imposed For?"
5 Journal of Contemporary Legal Issues 101
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"On the Moral Irrelevance of Bodily Movements,"
142 University of Pennsylvania Law Review 1443
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1993
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"Constitutional Identity," 14 Cardozo Law
Review 757
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"Punishment and Human Rights," The World
and I, November, p. 413
|
"The Nature of Justification," in Action
and Value in Criminal Law (S. Shute, J. Gardner & J. Horder
eds.)
|
"Blackmail: The Paradigmatic Crime," 141
University of Pennsylvania Law Review 1617
|
"Corrective Justice for Moderns" (Review
of Coleman, Risks & Wrongs), 106 Harvard Law Review 1658
|
"The Adventures of Eric Blair" (Review of
Morris, The Brothel Boy and Other Parables of the Law),
91 Michigan Law Review 1422
|
"Is it Better to be Tried for a Crime in
a Common Law or Civilian System?" in Transition to Democracy in
Latin America: The Role of the Judiciary (I. Stotzky
ed.)
|
"The Psychotic Aggressor -- A Generation
Later," 27 Israel Law Review 227
|
"Sprache und Foederalismus" in Der Faktor
Mensch im neuen Europa (M. McGuire ed.)
|
"Searching for the Rule of Law in the Wake
of Communism" in Von Totalitärrem zu rechtsstaatlichen
Strafrecht
(Max Planck Institut, ed. Albin Eser, Günther Kaiser, &
Ewa Weigend)
|
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1992
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"Law as Discourse," 13 Cardozo Law
Review 1631
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"Searching for the Rule of Law in the Wake
of Communism," 1992 Brigham Young U. Law Review 145
|
“After Los Angeles: Reforming the Jury System,”
2 Rights & Responsibilities 6
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“An Ideal Law Curriculum for Eastern Europe,”
? p.48
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“Editing Reason,” 2(1) S’Vara: A Journal
of Law, Philosophy, and Judaism 1
|
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1991
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"Self-Defense as a Justification for Punishment,"
12 Cardozo Law Review 859
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"Talmudic Reflections on Self-Defense," in
Crime, Punishment, and Deterrence: An American Jewish
Exploration (Los Angeles: Wilstein Institute, D.Gordis,
ed.), p. 61
|
|
1990
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"Equality and the Rule of Law," in 10 Tel
Aviv University Studies in Law 71
|
"Defensive Force as an Act of Rescue," 7(2)
Social Philosophy and Policy 170, and in Crime,
Culpability,
& Remedy (Basil Blackwell Ltd. (UK) ed. Ellen Frankel Paul, Fred
D. Miller Jr., &
Jeffrey
Paul)
|
"Ho and Halakha," 1(1) S'vara: A Journal
of Philosophy and Judaism 13
|
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1989
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"The Meaning of Morality," 64 Notre Dame
Law Review 805
|
"Utilitarismus und Prinzipiendenken im Strafrecht,"
101 Zeitschrift für die gesamte
Strafrechtswissenschaft 803
|
"Prezumptsia nevinovnosti" [Presumption of
Innocence], 1989(11) Sovetskoe Gosurdarstvo u Pravo
[Soviet State & Law] 132
|
“Punishment and Self-Defense," 8 Law and
Philosophy 201
|
“Introduction From a Common Law Scholar's
Point of View," in Justification and Excuse: Comparative
Perspectives (Eser and Fletcher eds.)
|
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1987-88
|
“Why Kant," 87 Columbia Law Review
421
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"Law and Morality: A Kantian Perspective,"
87 Columbia Law Review 533
|
"The Unmet Challenge of Criminal Theory,"
33 Wayne Law Review 1439
|
"The Universal and Particular in Legal Discourse,"
1987 Brigham Young Law Review 335
|
"Mistake in the Model Penal Code: A False
False Problem," 19 Rutgers Camden Law Review
649
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1986
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"Constructing a Theory of Impossible Attempts,"
4(1) Criminal Justice Ethics 53, reprinted in Crime,
Justice and Codification (P. Fitzgerald ed. 1986)
|
“Law Making as an Expression of Self,"
13 Northern Kentucky Law Review 201
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|
1985
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"Criminal Theory as an International Discipline:
Reflections on the 1984 Freiburg Workshop,"
4(1) Criminal Justice. Ethics 60
|
"The Right and the Reasonable," 98 Harvard
Law Review 949
|
"A Transaction Theory of Crime?" 85 Columbia
Law Review 921
|
"Paradoxes in Legal Thought," 85 Columbia
Law Review 601
|
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1984
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“The Ongoing Soviet Debate about the Presumption
of Innocence," 3(1) Criminal Justice Ethics 69
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"Rights and Excuses", 3(2) Criminal Justice
Ethics 17
|
"Human Dignity as a Constitutional Value,"
22 University of Western Ontario Law Review 171
|
"Some Unwise Reflections About Discretion,"
47 Law and Contemporary Problems 269
|
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1983
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"The Search for Synthesis in Tort Theory,"
2 Law and Philosophy 63, reprinted in Justice, Rights and
Tort
Law (Bayles and Chapman eds. 1983)
|
"Excuse: Theory" and "Justification: Theory,"
articles appearing in Encyclopedia of Crime and
Justice
(Kadish ed. 1983)
|
"The Watchdog of Neutrality" (Review of Ackerman,
Social Justice and the Liberal State),
83 Columbia Law Review 2099
|
|
1982
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"The Case for Treason," 41 Maryland Law Review
193
|
|
1981
|
"Two Modes of Legal Thought," 90 Yale Law
Journal 970
|
"Punishment and Compensation," 14 Creighton
Law Review 691
|
"Reflections on Felony Murder," 12 Southwestern
University Law Review 413
|
"The Recidivist Premium," 1(2) Criminal Justice
Ethics 54
|
|
1980
|
"Manifest Criminality, Criminality,
Criminal Intent and the Metamorphosis of Lloyd Weinreb," 90 Yale Law
Journal 319
|
"Ordinary Language Philosophy und
die Neubegründung der Strafrechtsdogmatik," in Abweichendes
Verhalten IV (edited by Lüderssen & Sack) (written in German)
|
"Justice Thwarted: Shcharansky's Case," 1 Soviet Jewry Law
Review 3
|
|
1979
|
"Legality as Privacy," in Cunningham, Liberty
and the Rule of Law
|
"The Separation of Powers: A Critique of
Some Utilitarian Justifications," in Pennock & Chapman,
Constitutionalism (Nomos XX)
|
"Should Intolerable Prison Conditions Generate
a Justification or an Excuse for Escape?" 26 UCLA Law
Review 1355
|
“The Right to Life,”13 Georgia Law Review
1371
|
|
1970-76
|
"The Metamorphosis of Larceny," 89 Harvard
Law Review 269 (1976)
|
"Criminal Omissions: Some Perspectives,"
24 American Journal of Comparative Law 203 (1976)
|
"The Right Deed for the Wrong Reason: A Reply
to Mr. Robinson," 23 UCLA Law Review 293 (1975)
|
"Individualization of Excusing Conditions,"
47 Southern California Law Review 1269 (1974)
|
"Proportionality and the Psychotic Aggressor:
A Vignette in Comparative Criminal Theory," 8 Israel Law
Review 367 (1973); reprinted in Studies in Comparative Criminal Law
123 (E. Wise & G.
Mueller, eds. 1975)
|
"Fairness and Utility in Tort Theory," 85
Harvard Law Review 537 (1972)
|
"The Theory of Criminal Negligence: A Comparative
Study," 19 Univ. of Pennsylvania Law Review 401
(1971)
|
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1962-68
|
"The Presumption of Innocence in the Soviet
Union," 15 UCLA Law Review 1203 (1968)
|
"Two Kinds of Legal Rules: A Comparative
Study of Burden-of-Persuasion Practices in Criminal Cases,"
77 Yale Law Journal 880 (1968)
|
"Prolonging Life," 42 Univ. of Washington
Law Review 999 (1967)
|
"The Concept of Punitive Legislation and
the Sixth Amendment: A New Look at Kennedy v. Mendoza
Martinez,"
32 Univ. of Chicago Law Review 290 (1965)
|
"Forum Non Conveniens, Injunctions
Against Suit and Full Faith and Credit," 29 Univ. of Chicago Law
Review
740 (1962).
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