Leon Meltzer Professor of Law
An internationally recognized legal theorist, Mitch Berman writes and teaches in several fields but is centrally focused on deepening our collective understanding of problems and puzzles that arise from law’s character as a normative practice—which is to say, a practice that creates (or purports to create) normative entities such as rights, duties, powers, permissions, and prohibitions.
One set of topics that Berman explores concerns the contents and contours of a variety of normative concepts—concepts such as justification, coercion, consent, desert, blameworthiness, penalty, and so on.
Articles and Book Chapters
Conditional Spending and the Conditional Offer Puzzle, in THE AFFORDABLE CARE ACT DECISION: PHILOSOPHICAL AND LEGAL IMPLICATIONS (Fritz Allhoff & Mark A. Hall, eds., Routledge 2014).
Sprints, Sports, and Suits, 40 J. PHIL. SPORT 163 (2013).
The Justification of Punishment, in THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW 141 (Andrei Marmor ed., Routledge 2012).
Reflective Equilibrium and Constitutional Method: Lessons from John McCain and the Natural-Born Citizenship Clause, in THE CHALLENGE OF ORIGINALISM 246 (Grant Huscroft & Bradley W. Miller eds., Cambridge University Press 2011).
Constitutional Interpretation: Non-originalism, 6 PHIL. COMPASS 408 (2011).
On Interpretivism and Formalism in Sports Officiating: From General to Particular Jurisprudence, 38 J. PHIL. SPORT 177 (2011).
Constitutional Constructions and Constitutional Decision Rules: Thoughts on the Carving of Implementation Space, 27 CONST. COMMENT. 39 (2010).
Constitutional Theory and the Rule of Recognition: Toward a Fourth Theory of Law, in THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION 269 (Matthew D. Adler & Kenneth Einar Himma eds., Oxford University Press, 2009).
Originalism and Its Discontents (Plus a Thought or Two about Abortion), 24 CONST. COMMENT. 383 (2007) (excerpted as chapter 8 in IT IS A CONSTITUTION WE ARE EXPOUNDING: COLLECTED WRITINGS ON INTERPRETING OUR FOUNDING DOCUMENT (2009)).
More publications can be found here.
Judge Posner's Simple Law (October 10, 2014). Michigan Law Review, Forthcoming 2015; U of Penn Law School, Public Law Research Paper No. 14-36. (forthcoming 2015)
Modest Retributivism (Mar. 2014), U. Tex. Working Paper Series. (forthcoming)
Conditional Spending and the (General) Conditional Offer Puzzle (Jul. 12, 2013), U. Tex. Sch. L., Pub. L. & Legal Theory Res. Paper Series No. 522. (forthcoming)