Faculty Notes and Publications
Response to Professor Fallon, Harvard Law Review (Forthcoming 2000).
Beyond Efficiency and Procedure:
A Welfarist Theory of Regulation, (Symposium on Regulatory Theory and
Administrative Law) Florida State University Law Review, (Forthcoming
Cost-Benefit Analysis: Introduction
(co-author Eric Posner) Journal of Legal Studies (Forthcoming 2000).
Expressive Theories of Law: A Skeptical Overview
(with a response by Elizabeth Anderson and Richard Pildes), University
of Pennsylvania Law Review (Forthcoming 2000).
Implementing Cost-Benefit Analysis When Preferences
Are Distorted (co-author Eric Posner), Journal of Legal Studies (Forthcoming
Linguistic Meaning, Non-Linguistic 'Expression' and
the Multiple Variants of Expressivism: A Response to Professors Anderson
and Pildes, University of Pennsylvania Law Review (Forthcoming 2000).
The Problematics of Moral and Legal Theory (book
review), Philosophy in Review (Forthcoming 2000).
Rights and Rule-Dependence: Can the Two Coexist?,
Legal Theory (Forthcoming 2000).
Rights and Rules: Introduction (co-author Michael
Dorf), Legal Theory (Forthcoming 2000).
Incommensurability, Incomparability and Practical
Reason (book review), 21 Philosophy in Review 168 (1999).
Rethinking Cost-Benefit Analysis (co-author Eric
Posner), 109 Yale Law Journal 165 (1999).
Can Constitutional Borrowing be Justified? A Comment
on Tushnet, 2 University of Pennsylvania Journal of Constitutional Law
Incommensurability and Cost-Benefit Analysis, 146
University of Pennsylvania Law Review 1371 (1998).
Law and Incommensurability: Introduction, 146 University
of Pennsylvania Law Review 1169 (1998).
The New Etiquette of Federalism: New York, Printz
and Yeskey (co-author Seth Kreimer), Supreme Court Review 71 (1998).
Rights Against Rules: The Moral Structure of American
Constitutional Law, 97 Michigan Law Review 1 (1998).
and Law (in volume of conference papers ed. by Beate Roessler) Stanford
University Press (Forthcoming 2001).
The Ethics of Interracial Marriage, in Women of Color
Do Philosophy, ed. Naomi Zack (Routledge, 2000).
Gender and Privacy in Cyberspace, 52 Stanford Law
Review 1157 (2000).
Privacy-as-Data Control: Conceptual, Practical, and
Moral Limits of the Paradigm, Connecticut Law Review (2000).
The Public Right to Know, in The Encyclopedia of
Ethical Issues in Politics and the Media, ed. Ruth Chadwick (Academic
Affirmative Action: Moral Success and Political Failure,
in Combating Racial Discrimination: Affirmative Action as a Model for
Europe?, eds. Erna Appelt & Monica Jarosch, (London: Berg Publishers,
Coercing Privacy, 40 William and Mary Law Review
Confronting Moral Theories: Gewirth in Context, in
Gewirth: Critical Essays on Action, Rationality and Community, ed. Michael
Boylan (Lanham: Rowman and Littlefield, 1999).
Contractarian Justifications of Slavery, in A Blackwell
Companion to African American Philosophy, eds. Tommy Lott and John Pittmann
(Oxford, U.K.: Blackwell, 1999).
Lying to Protect Privacy, 44 Villanova Law Review
Privacy Law (co-author Richard Turkington), (West
Publishing Company, 1999).
Privacy and the Public Official: Talking About Sex
as a Dilemma for Democracy, 67 George Washington Law Review 1165 (1999).
The Social Contract in American Case Law (17th Annual
Dunwoody Lecture), 51 University of Florida Law Review 723 (1999).
The Value of Medical Privacy (in volume of papers
from the Inaugural Robert H. Levi Leadership Symposium), ed. Ruth Faden,
Debating Democracy's Discontent, co-ed. Milton Regan
(New York: Oxford University Press, 1998).
Privacy, in A Companion to Feminist Philosophy, eds.
Iris Young and Alison Jaggar (Oxford, U.K.: Blackwell, 1998).
Reproducing (Mainly) White Feminist Norms, 12 Hypatia
Slavery and Surrogacy, in Subjugation and Bondage:
Critical Essays on Slavery and Social Philosophy, ed. Tommy Lott (Lanham:
Rowman and Littlefield, 1998).