Books

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Stories About Science in Law: Literary and Historical Images of Acquired Expertise (2011)

Presenting examples of how literary accounts can provide a supplement to our understanding of science...

 

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Property: Cases, Documents, and Lawyering Strategies (with David Crump and David Charles Hricik) (2008)
 
"Contracts: Flash Cards", Spectra Publishing Co. (1991)
 

Book Chapters

Lacan, Law, and Science: Striking the Balance Between Real and Symbolic, Verschränkungen von Symbolischem und Realem : zur Aktualität von Lacans Denken in den Kulturwissenschaften (2007)
 
Neo-Calvinism and Science: A Christian Perspective on post-Daubert Law/Science Relations, Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (2007)
 
Ethical Dimensions of Law/Science in the Courtroom, Expertise in Law and Regulation (2004)
 
A Calvinist Perspective on the Place of Faith in Legal Scholarship, Christian Perspectives on Legal Thought (2001)
 
Law and Belief: Critical Legal Studies and Philosophy of the Law-Idea, Christian Perspectives on Legal Thought (2001)
 
Lacanian Social Psychoanalysis: Religion and Community in a Pluralistic Society, The Subject of Lacan: A Lacanian Reader for Psychologists (2000)
 
The Future of Freud in Law, Freud 2000 (1998)
 
When You're a Semiotician, States, Citizens, and Questions of Significance: Tenth Round Table on Law and Semiotics (1997)
 
Introduction: Philosophy With a Focus, Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice (1995)
 
Re-returning to Freud: Critical Legal Studies as Cultural Psychoanalysis, Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice (1995)
 
Two Ideological Monsters: The Subject of the Bar and the Object of Desire in Bleak House, Legality and Illegality: Semiotics, Postmodernism, and Law (1995)
 
Two Critiques of Legal Ideology , Political Theory and Christian Vision (1994)
 

Articles

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Lawyers Judging Experts: Oversimplifying Science and Undervaluing Advocacy to Construct an Ethical Duty?, Pepperdine Law Review (2013)

My focus is on an apparent trend at the intersection of the fields of evidentiary...

 
Augustine and Calvin, Post-Modernism and Pluralism,, VILLANOVA LAW REVIEW (2006)
 
Parades of Horribles, Circles of Hell: Ethical Dimensions of the Publication Controversy, Washington & Lee Law Review (2005)

This article examines the ethical dimensions of the controversy over no-citation rules and current publication...

 
A Non-Romantic View of Expert Testimony (with Lewis H. LaRue), Seton Hall Law Review (2004)

The Daubert trilogy as a whole deflects attention away from abstract identifications of scientific validity...

 

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Why Judges Applying the Daubert Trilogy Need to Know About the Social, Institutional, and Rhetorical - And Not Just the Methodological - aspects of Science (with Lewis H. LaRue), Boston College Law Review (2003)

In response to the claim that many judges are deficient in their understanding of scientific...

 

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Advocacy, Witnesses, and the Limits of Scientific Knowledge: Is There an Ethical Duty to Evaluate Your Expert's Testimony?, Idaho Law Review (Symposium: Modern Methods in Legal Ethics Theoretical and Practical Approaches) (2003)
 

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Ibsen's An Enemy of the People and the Public Understanding of Science in Law, Georgetown International Environmental Law Review (2003)
 

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Lacan and the Discourse of Science in Law, Cardozo Law Review (Symposium: Lacan and Crime: The Jouissance of Transgression) (2003)
 
Post-Trilogy Science in the Courtroom, Part II: What Are the Judges Still Doing? (with Lewis H. LaRue), Journal of Civil Litigation (2003)
 

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Race[,] Science, History, and Law, Washington and Lee Race and Ethnic Ancestry Law Journal (2003)
 
Why Judges Applying the Daubert Trilogy Need to Know About the Social, Institutional, and Rhetorical--and Not Just the Methodological--Aspects of Science (with Lewis H. LaRue), Boston College Law Review (2003)

In response to the claim that many judges are deficient in their understanding of scientific...

 

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RACE[,] SCIENCE, HISTORY, AND LAW, Washington and Lee Journal of Civil Rights and Social Justice (2003)
 

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Ethnography and the Idealized Accounts of Science in Law, San Diego Law Review (2002)

An idealized description of scientific activity persists in law and legal literature. Social aspects of...

 
Law and Science: An Essay on Links and Socio-Natural Hybrids, Syracuse Law Review (2001)

Contrasting views of science--as a realist enterprise or a social construction--and differing opinions as to...

 
Post-Trilogy Science in the Courtroom: What Are the Judges Doing? (with Lewis H. LaRue), Journal of Civil Litigation (2001)
 

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Junk Philosophy of Science?: The Paradox of Expertise and Interdisciplinarity in Federal Courts (with Richard E. Redding), Washington and Lee Law Review (2000)
 

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Fabricating Authenticity: Law Students As Country Music Stars, Cardozo Law Review (This article is an expanded version of a paper given at the symposium entitled "Modes of Law: Music and Legal Theory--An Interdisciplinary Workshop" held in New York on April 26, 1998) (1999)
 

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Law and the Science Wars: Introduction to the Forum, Southern Illinois University Law Journal (Forum: Scientific Knowledge vs. Legal Representations of Science: Competing Narratives in Court) (1999)
 
On the Object of Arrigo's Critique, International Journal for the Semiotics of Law (1999)
 

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The Sports Law Course as Advanced Legal Skills Training, Virginia Journal of Sports & Law (Symposium: Sports and the Law: Rethinking the Course, the Curriculum and the Scholarship) (1999)
 

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A Calvinist Perspective on Faith in Legal Scholarship, Journal of Legal Education (Christian Perspectives on Law and Legal Scholarship) (1997)
 

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Identifying Law's Unconscious: Disciplinary and Rhetorical Contexts, Washington & Lee Law Review (Symposium on Lacan and the Subject of Law) (1997)
 

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In the Wake, or at the Wake, of Psychoanalytic Jurisprudence?, Legal Studies (Guest Editor's Introduction to Symposium: The Wake of Psychoanalytic Jurisprudence) (1996)
 
Law's Appropriations of Psychoanalysis, Journal for the Psychoanalysis of Culture & Society (1996)
 

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Lacan's Social Psychoanalysis: Religion and Community in a Pluralistic Society, Cumberland Law Review (Address to the Cumberland Colloquium on Law, Religion and Culture) reprinted in The Subject of Lacan: A Lacanian Reader for Psychologists (Kareen R. Malone & Stephen R. Freidlander eds., State University of New York Press 2000) (1995)
 

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Lacanian Ethics and the Desire for Law, Cardozo Law Review (1995)
 

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Pluralism and the Quality of Religious Discourse in Law and Politics, University of Florida Journal of Law & Public Policy (1994)
 
Judge John R. Brown: Enjoyment of Law as Enjoyment of Life, Mississippi College Law Review (Tributes to Chief Judge John R. Brown) (1993)
 

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Sympathy for the Devil?: Reflections on the Crime-Fraud Exception to Client Confidentiality, St. John's Journal of Legal Commentary (Symposium: Ethical Guidelines on Attorney-Client Confidentiality) (modified version of remarks that appeared as Sympathy for the Devil?: The Crime Fraud Exception to Client Confidentiality, 19 Soc. Resp.: Bus. Journalism L. Med. 40 (1993)) (1993)
 
Sympathy for the Devil?: The Crime Fraud Exception to Client Confidentiality, Social Responsibility: Business, Journalism, Law, Medicine (These remarks were delivered at the 18th Annual Legal Ethics Institute lecture, Nov. 6, 1992, at Washington and Lee University) (1993)
 

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Environmental Permits: Land Use Regulation and Policy Implementation in Texas (with William Terry Bray, et al.), St. Mary's Law Journal (1992)
 
Jacques Lacan and Our State of Affairs: Preliminary Remarks on Law as Other, Law and the Human Sciences: Fifth Round Table on Law and Semiotics (Semiotics and the Human Sciences, Vol. 3, Roberta Kevelson ed., Peter Lang Pub. ); modified as Lacan and Law: Networking With the Big O[ther], 1 Stud. Psychoanalytic Theory 25 (1992)
 
Lacan and Law: Networking With the Big [O]therTheory, Studies in Psychoanalytic Theory (This article is a modified version of an essay that was published in Law and the Human Sciences: Fifth Round Table on Law and Semiotics 95 (Semiotics and the Human Sciences, Vol. 3, Roberta Kevelson ed., Peter Lang Pub. 1992)) (1992)
 
The Politics of Legal Doctrine: A Case Study of Texas Land-Use Planning Under the Shadow of Lucas (with William Terry Bray and Jack E. Owen, Jr.), Hofstra Property Law Journal (1992)
 

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Freud and Critical Legal Studies: Contours of a Radical Socio-Legal Psychoanalysis, Indiana Law Journal, reprinted in Legal Studies as Cultural Studies: A Reader in (Post) Modern Critical Theory (Jerry Leonard ed., State University of New York Press 1995) (1991)
 

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Once More, the Trilogy, in Retrospect: An Essay on the Virtues of Development Agreements in Texas (with William Terry Bray and Jack E. Owen, Jr.), South Texas Law Review (1990)
 
New Wave Land Use Regulation: The Impact of Impact Fees on Texas Lenders (with William Terry Bray and Jack E. Owen, Jr.), St. Mary's Law Journal (1987)
 

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The Town Lake Manifesto: Zoning on the Ragged Edge of Law and of Texas Cities (with R. James George), South Texas Law Review (1987)
 

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The Rechtsstaat: Magic Wall or Material Necessity?, Houston Journal of International Law (1982)
 

Book Reviews

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"Introduction" (Chapter 1) of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate 2011), Villanova University School of Law Working Paper Series (2011)

This is the introductory chapter of Stories About Science in Law: Literary and Historical Images...

 

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Synthetic Science: A Response to Rabinow, Villanova University School of Law Working Paper Series (2009)

Rabinow’s description of the unique collaborative goal of synthetic biology at Berkeley, to foster a...

 

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Book Review: Carl Cranor, Toxic Torts: Science, Law, and the Possibility of Justice, Villanova University School of Law Working Paper Series (2009)

Carl F. Cranor’s Toxic Torts: Science, Law, and the Possibility of Justice is a sustained,...

 

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Arsenic and Old Chemistry: Images of Mad Alchemists, Experts Attacking Experts, and the Crisis in Forensic Science, Villanova University School of Law Working Paper Series (2009)

Drawing on research into the use of experts in early 19th-century criminal trials, the image...

 

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Strategic Idealizations of Science to Oppose Environmenal Regulation: A Case Study of Five TMDL Controversies (with Donald E. Curley), Villanova University School of Law Working Paper Series (2009)

Proponents of environmental regulation have catalogued various strategies used by takeholders to delay or weaken...

 
Coming to Terms With Lacan: Legal Discourse as Analysand, International Journal for the Semiotics of Law (reviewing Dragan Milovanovic, Postmodern Law Disorder: Psychoanalytic Semiotics, Chaos and Juridic Exegeses (1992)) (1993)