Constitutional Law Research
PRIVACY LAW AND SOCIETY (3d ed., West 2016).
Is There a Right to Health?, 12 J. HUM. DEV. & CAPABILITIES 571 (2011)
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)).
Justice Scalia's Originalism and Formalism: The Rule of Criminal Law as a Law of Rules, in THE LEGACY OF JUSTICE ANTONIN SCALIA: REMEMBERING A CONSERVATIVE LEGAL TITAN’S IMPACT ON THE LAW, HERITAGE FOUNDATION, SPECIAL REPORT NO. 186 (Elizabeth Slattery ed., 2016).
Law as Scapegoat (August 4, 2020), U of Penn Law School, Public Law Research Paper No. 20-24; based on a keynote lecture delivered in the fall of 2019 in Rome at the International Association of Legislation’s conference on “The Crisis of Confidence in Legislation.”
ACHIEVING REGULATORY EXCELLENCE (ed., Brookings 2016).
Deepa Das Acevedo
The Committee of Detail, 28 CONST. COMMENT. 197 (2012).
Early Drafts of the U.S. Constitution, 135 PA. MAG. HIST. & BIOGRAPHY 227 (2011) (with L. Updike).
Constitutional Democracy and the Legitimacy of Judicial Review, 9 LAW & PHIL. 327 (November 1990).
The Myth of American Religious Freedom, 98 J. AM. HIST. 1139 (2012) (book review).
Malnak v. Yogi: The New Age and the New Law, in LAW AND RELIGION: CASES IN CONTEXT (Leslie Griffin ed., Aspen Press 2010).
Protection of Free Expression, in THE PENNSYLVANIA CONSTITUTION: A TREATISE ON INDIVIDUAL RIGHTS AND LIBERTIES (Ken Gormley ed., Bisel 2004).
The Status of Marriage: Marital Supremacy Challenged and Remade, 1960-2000 (work-in-progress).
After Suffrage: The Unfinished Business of Feminist Legal Advocacy, 129 YALE L. J. F. 512 (2020).
Un-Dueing Roe: Constitutional Conflict and Political Polarization in Planned Parenthood v. Casey, in Reproductive Rights and Justice Law Stories (Melissa Murray, Kate Shaw, & Reva B. Siegel eds., 2019).
Un-Dueing Roe: Constitutional Conflict and Political Polarization in Planned Parenthood v. Casey, in REPRODUCTIVE RIGHTS AND JUSTICE LAW STORIES (Reva B. Siegel, Melissa Murray, and Katherine Shaw eds., Foundation Press 2019).
REASONING FROM RACE: FEMINISM, LAW, AND THE CIVIL RIGHTS REVOLUTION (Harvard University Press, 2011; paperback edition, 2014).
Where Have All the Powers Gone? Hartian Rules of Recognition, Noncognitivism, and the Constitutional and Jurisprudential Foundations of Law, in THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION (Matthew D. Adler & Kenneth Einar Himma eds., Oxford Univ. Press 2009).
The Supreme Court’s View of Corporate Rights: Two Centuries of Evolution and Controversy, in CORPORATIONS AND AMERICAN DEMOCRACY (with Margaret M. Blair) (Naomi R. Lamoreaux & William J. Novak, eds.) (Harvard University Press 2017).
THE MYTH OF JUDICIAL ACTIVISM: MAKING SENSE OF SUPREME COURT DECISIONS (Yale Univ. Press 2006).
Saucier v. Katz: Qualified Immunity as a Doctrine of Dilution of Constitutional Rights, in WE DISSENT: TALKING BACK TO THE REHNQUIST COURT: EIGHT CASES THAT SUBVERTED CIVIL LIBERTIES AND CIVIL RIGHTS (Michael Avery, ed., NYU 2009).
Health Policy Devolution and the Institutional Hydraulics of the Affordable Care Act, in THE HEALTH CARE CASE: THE SUPREME COURT'S DECISION AND ITS IMPLICATIONS (Nathaniel Persily, Gillian E. Metzger and Trevor W. Morrison, eds., Oxford, 2013).
"Our Federalism" Moves Indoors, 38 J. HEALTH POL. POL'Y. & L. 283 (2013).
Establishment Clause Issues, subchapter in THE LOBBYING MANUAL (William V. Luneberg ed., 3d ed. 2005).
Civil Forfeiture of Real Property Under the Pennsylvania Controlled Substances Forfeitures Act, Training Manual, July 1, 2013 (Newly Revised)
Leo Strine Jr.
Fiduciary Blind Spot: The Failure of Institutional Investors to Prevent the Illegitimate Use of Working Americans’ Savings for Corporate Political Spending (December 20, 2018). U of Penn, Inst for Law & Econ Research Paper No. 19-03.
Clio and the Compound Republic, 47 PUBLIUS: THE JOURNAL OF FEDERALISM 235 (2017) (with Brent Cebul and Mason Williams).
STATES OF DEPENDENCY: WELFARE, RIGHTS, AND AMERICAN GOVERNANCE, 1935-1972 (Cambridge 2016).
Compelled Corporate Speech and the Role of Expressive Autonomy Under the First Amendment (article manuscript)
Conflict of Laws and the Sovereign Immunity Revolution (article manuscript)
Compelled Speech and Expressive Association: The Case of the Solomon Amendment, in ANDREW KOPPELMAN (WITH TOBIAS BARRINGTON WOLFF), A RIGHT TO DISCRIMINATE? HOW THE CASE OF BOY SCOUTS OF AMERICA V. JAMES DALE WARPED THE LAW OF FREE ASSOCIATION (Yale Univ. Press, 2009).
Ask & Tell: Gay and Lesbian Veterans Speak Out (review of book by Steve Estes), 30 INT’L HIST. REV. 216 (2008).
THE UNITARY EXECUTIVE: PRESIDENTIAL POWER FROM WASHINGTON TO BUSH (Yale Univ. Press 2008) (with Steven G. Calabresi).
China’s Rise, the U.S. and the WTO: Perspectives from International Relations Theory, 2018 U. ILL. L. REV. 57-71 (2018) (response to Gregory Shaffer and Henry Gao, China’s Rise: How it Took on the U.S. at the WTO).