Leon Meltzer Professor of Law and Professor of Philosophy
Mitch Berman writes and teaches in American constitutional law, constitutional theory, philosophy of criminal law, general jurisprudence, and philosophy of sport. His work and thinking in these diverse fields is unified and shaped by his interest in deepening our understanding of normativity and normative systems.
Articles and Book Chapters
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).
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.
The Tragedy of Justice Scalia (September 24, 2016), 115 MICH. L. REV. __ (forthcoming 2017); U of Penn Law School, Public Law Research Paper No. 16-36. (forthcoming 2017)