Comparative Constitutional Epics, Law & Literature (2009)

This essay takes up Robert Cover's account, in Nomos and Narrative of Constitutional Epics. Ranging...

Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, William & Mary Bill of Rights J. (2009)

Constitutional Solipsism is the fourth in a series of articles on aspects of the private...

Editor’s Introduction, Symposium on Paul Rabinow’s “Prosperity, Amelioration, Flourishing: From a Logic of Practical Judgment to Reconstruction: An Account of His Work with SynBERC", Law & Literature (2009)

This is the Editor's Introduction to a special written symposium on Paul Rabinow’s “Prosperity, Amelioration,...

What is due to Others: Speaking and Signifying Subject(s) of Rape Law, 18 Griffith Law Review 237 (2009)

Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises...



"Militant Judgement?: Judicial Ontology, Constitutional Poetics, and 'The Long War'", Cardozo Law Review (2008)

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou's...



"'No-one Does That Any More': On Tushnet, Constitutions, and Others", Quinnipiac Law Review (2008)

In this contribution to the Quinnipiac Law Review's annual symposium edition, this year devoted to...



Sorcerers, Not Apprentices: How Judicial Clerks and Staff Attorneys Impoverish U.S. Law, Arizona State Law Journal (selected for abstracting under the working title “Sorcerers’ Apprentices: How Judicial Clerks and Staff Attorneys Impoverish U.S. Law,” in 7 (70) Litigation and Procedure Abstracts (SSRN Nov. 3 2006)). (2007)

Sorcerers’ Apprentices is the third in a series of articles examining various aspects of the...



"Regarding the Miller Girls: Daisy, Judith, and the Seeming Paradox of In re Grand Jury Subpoena, Judith Miller" The New Exceptionalism: Law and Literaturte Since 9/11 Symposium, Law and Literature (2007)

“Daisy Miller” is a story about American Exceptionalism; about the banal and tawdry tragedy that...



"The Prose and the Passion", Meanjin Special Issue "The Long Arm: On Crime & Law" (2007)

This essay takes the late Robert Cover's insight that "No set of legal institutions or...

Praxis; or the Benefits of Shedding Hostility to Theory, The Language of Law Forum, 2 Law, Culture and the Humanities (2006)
Negotiating the Structures of Violence; or, on Not Inventing ‘The Sullivans,’ , Charged Crossings: Cultural Studies of Law (Special Issue) (2005)


Discipline and Punish: Despatches from the Citation Manual Wars and Other (Literally) Unspeakable Stories, Law’s Cultural Mediations, Special Edition, Griffith Law Review (2001)


semiotics; or wishin’ and hopin’?, Cardozo Law Review (1999)


(Re)centering, Cardozo Studies in Law and Literature (1998)
Re/Writing Skills Training in Law Schools--Legal Literacy Revisited (with Dean Bell), Legal Education Review (1998)


Jangling the Keys to the Kingdom: Some Reflections on The Crucible, on An American Constitutional Paradox and on Australian Judicial Review, Cardozo Studies in Law and Literature [Also published in 7 Australian Feminist Law Journal 61 (1996) under the title "Jangling the Keys of the Kingdom"]. (1996)


Sex, Lies and Defamation: the Bush Lawyer of Wessex, Cardozo Studies in Law and Literature (1994)
Fiduciary Duties: Congreve’s The Way of the World, Australian Journal of Law and Society (1991)
Hardy and the Law, The Thomas Hardy Journal (1991)
Literature and Law (with Simon Petch), Australian Journal of Law and Society (1991)


Contributions to Books

Language, The Companion to Law and the Humanities: An Introduction 315-38 (Austin Sarat, Matthew Anderson, and Catherine Frank eds., Cambridge U.P.) (2009)
Reviving the Subject of Law, On Philosophy and American Law (2009)
Hardy and the Law , Short Story Criticism (2003)
Feminist Methodologies in Discourse Analysis: Sex, Property, Equity? (with Terry Threadgold), Culture and Text: Discourse and Methodology in Social Research and Cultural Studies (1999)
Contributions , Law in Literature: An Annotated Bibliography of Law-Related Works (1998)
E.M. Forster’s A Passage to India: A Passage to the Patria?, New Macmillan Casebook on E.M. Forster (1995)
Sex, Lies and Defamation: the Bush Lawyer of Wessex , The Happy Couple: Law and Literature (1994)

Book Reviews

Review: Richard Posner, Law and Literature (3rd ed.), __ Comparative Critical Studies ___ (2010)
Review: James Boyd White, "Acts of Hope", Law/Text/Culture (1997)