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Stephen R. Perry, John J. O’Brien Professor of Law and Professor of Philosophy, presented “Method and Principle in Legal Theory” to a workshop at Duke Law School in January 2002 and to a seminar at Yale Law School in February. In March he delivered the first annual Leon Green Lecture in Jurisprudence at the University of Texas at Austin, on the topic of “The Normativity of Law.” Also in March he commented on a paper by Penn Professor Matthew Adler at the Symposium on Preferences and Rational Choice, at Penn Law School. In April 2002 Perry took part in an Author- Meets-Critics session on Jules Coleman’s book The Practice of Principle at the Inland Northwest Philosophy Conference, which was held at the University of Idaho at Moscow. He presented “Equality, Fairness, and Foresight” to an Author-Meets-Critics session on Arthur Ripstein’s book Equality, Responsibility, and the Law at the Pacific Division Meeting of the American Philosophical Association, held in San Francisco in 2001. In February 2001, Perry presented “Hart’s Methodological Positivism” at a Colloquium on Legal and Political Philosophy hosted by NYU Law Professor Ronald Dworkin at University College London. In January 2001, Perry chaired the Jurisprudence Section Meeting at the American Association of Law Schools annual meeting held in San Francisco. The focus of the session was “New Directions in Analytic Jurisprudence.”

  • “Method and Principle in Legal Theory,” 111 Yale Law Journal 1757 (2002).
  • “Honoré on Responsibility for Outcomes,” in Relating to Responsibility: New Essays for Tony Honoré, John Gardner and Peter Cane, eds. (Hart Publishing, 2001).
  • “Cost-Benefit Analysis and the Negligence Standard” (Symposium), 54 Vanderbilt Law Review 893 (2001)
  • “Hart’s Methodological Positivism,” in Hart’s Postscript, ed. Jules Coleman, (2001)
  • “Holmes v. Hart: The Bad Man in Legal Theory,” in The Path of the Law and Its Influence, ed. Steven Burton (Cambridge University Press, 2000)
  • “The Relationship between Corrective and Distributive Justice,” in Oxford Essays in Jurisprudence, 4th series, ed. Jeremy Horder, (Oxford University Press, 2000)
  • “Responsibility for Outcomes, Risk, and the Law of Torts,” in Philosophy and the Law of Torts, ed. Gerald Postema (Cambridge University Press: 2000)

Nathaniel Persily, Assistant Professor of Law, wrote a Supreme Court amicus brief in Utah v. Evans No. 01-714 (2002) with the help of students in his Constitutional Law course. In April 2002, Persily was appointed by Special Master Frederick B. Lacey to draw New York State’s congressional districts pursuant to Rodriguez v. Pataki, 2002 WL 1058054 (S.D.N.Y. 2002). He served as a consultant to Miami-Dade County in litigation involving the 2000 redistricting process and challenges to the structure of local government. Persily presented “The Law and Technology of the 2000 Redistricting Process” at Harvard Law School in April 2002. In February, he presented “Strategies for Election Reform and Their Legal Consequences” to the Georgetown Journal Symposium on Poverty Law and Policy at the Georgetown University Law Center. He presented “The Political Impact of One Person, One Vote” in his address to the University of North Carolina Law School Symposium on Baker v. Carr in November 2001. Also in November, he spoke on strategies for election reform at Georgetown Law Center, and hosted attorney David Boies in his Election Law class when Boies was at Penn to deliver the Irving R. Segal Lecture on Trial Advocacy.

  • “Competition v. Representation: Tradeoffs in the Redistricting Process and Why Courts Should Not Deal with Them,” 115 Harvard Law Review (Forthcoming 2003)
  • “Suing the Government in Order to Control It,” 5 University of Pennsylvania Journal of Constitutional Law (Forthcoming 2003)
  • “The Collision Course of Campaign Finance and Political Party Jurisprudence” (Forthcoming 2002)
  • “Soft Money and Slippery Slopes,” 1 Election Law Journal (2002)
  • “The Legal Implications of a Multiracial Census,” in Joel Perlmann & Mary Waters, The New Race Question (Russell Sage Press, Forthcoming 2002)
  • “The Blanket Primary in the Courts: The History and Precedent of California Democratic Party v. Jones,” in Voting at the Political Fault Line: California’s Experiment with the Blanket Primary (Bruce E. Cain & Elisabeth Gerber, eds.) (University of California Press, 2002)
  • “The Complicated Impact of One Person One Vote on Political Competition and Representation,” co-authored with Thad Kousser and Patrick Egan, 80 North Carolina Law Review (2002)
  • “Candidates v. Parties: The Constitutional Constraints on Primary Ballot Access Laws,” 88 Georgetown Law Journal 2181 (2001)
  • “Toward a Functional Defense of Political Party Autonomy,” 76 NYU Law Review 750 (2001)
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