Articles

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Affirmative Action & the Obligations of American Citizenship, Widener Journal of Law, Economics & Race (2010)
 

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The Obama Phenomenon: Deliberative Conversationalism & the Pursuit of Community Through Presidential Politics, Journal of Law and Social Change (2009)

Does political theory have an interesting relationship to presidential politics? This Article argues that the...

 

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We Are All Judicial Activists Now, University of Cincinnati Law Review (2008)

Judicial activism is in serious, though undeserved, trouble. The current impasse over its role in...

 

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What's Wrong with Judicial Supremacy? What's Right About Judicial Review?, Widener Law Review (2008)

Skepticism concerning the legitimacy of judicial review typically occurs without distinguishing between judicial review and...

 

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Book Review(reviewing Arguing Marbury v. Madison (Mark Tushnet ed., 2005), Law and Politics Book Review (2006)
 

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Which Constitution: Who Decides? The Problem of Judicial Supremacy and the Interbranch Solution, Cardozo Law Review (2006)

It is an "indispensable feature of our constitutional system," according to conventional wisdom, that "the...

 

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Book Review (reviewing Frank I. Michelman, Brennan and Democracy 2005), Law and Politics Book Review (2005)
 

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The Harm of Same-Sex Marriage: Real or Imagined?, Widener Law Review (2005)

The controversy over same-sex marriage centers on whether the institution of marriage will be harmed...

 

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Federalism as Balance, Tulane Law Review (2004)

Federalism as balance between the federal government and the states is a deeply entrenched principle...

 

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Reconstructing the Public Square, Cardozo Law Review (2003)

This Article offers a rapprochement between two warring factions over the role of religion in...

 
Affirmative Action, Democracy, & the Obligations of Citizenship, Congress Monthly (2001)
 
A Derelict on the Waters of the Law?, Congress Monthly (2001)
 

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A Reply to Justice Philip Talmadge, Jurist: Books-on-Law (2001)
 
Constitutional Revolutions: A New Look at Lower Appellate Review in American Constitutionalism, Journal of Appellate Practice and Process (2001)
 

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Deliberativism As the Moral Personality of American Citizenship, South Atlantic Quarterly (2001)
 
The Limits of Protecting Free Speech (reviewing Richard Delgado & Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, and the New First Amendment (1997), Congress Monthly (2000)
 
Down with Flags, Statues, and Monuments: Cultural Memory in a Deliberative Democracy, University of Chicago Law School Roundtable (2000)
 

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Impeachment and the War Over the Democratization of American Culture, Widener Law Symposium Journal (2000)
 

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The New Majoritarianism, University of Cincinnati Law Review (2000)
 
Lowering the Wall: Charitable Choice & the Constitution, Congress Monthly (1999)
 
Book Note (reviewing Michael Rosenfeld, Just Interpretations: Law Between Ethics and Politics (1998), Ethics (1999)
 

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Foreword, Widener Law Symposium Journal (1999)
 

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Progressivism as Communitarian Democracy, Widener Law Symposium Journal (1999)

This article formulates a progressive conception of communitarian democracy which rests upon the distinction between...

 
Book Review (reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory of Law (1996), Mind (1998)
 
Book Review (reviewing Owen M. Fiss, Liberalism Divided: Freedom of Speech and the Many Uses of State Power (1996), Ethics (1997)
 
Book Note (reviewing Wayne D. Moore, Constitutional Rights and Powers of the People (1996), Ethics (1997)
 

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Can Liberalism Justify Multiculturalism?, Buffalo Law Review (1997)
 
Book Note (reviewing John Arthur, Words that Bind: Judicial Review and the Grounds of Modern Constitutional Theory (1995), Ethics (1996)
 
Book Note (reviewing Responding to Imperfection: The Theory and Practice of Constitutional Amendment (Sanford Levinson ed., 1995), Ethics (1996)
 
Book Review (reviewing Michael J. Perry, The Constitution in the Courts: Law or Politics? (1994), Ethics (1996)
 

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In Defense of Outlaws: Liberalism and the Role of Reasonableness, Public Reason, and Tolerance in Multicultural Constitutionalism, DePaul Law Review (1996)
 

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Religious Justification in the American Communitarian Republic, Capital University Law Review (1996)
 
Book Review (reviewing David A. J. Richards, Conscience and the Constitution: History, Theory and Law of the Reconstruction Amendments (1994), Ethics (1995)
 

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Liberalism and the Possibility of Multi-Cultural Constitutionalism: The Distinction Between Deliberative and Dedicated Cultures, University of Richmond Law Review (1995)
 

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Can American Constitutional Law Be Postmodern?, Buffalo Law Review (1994)
 

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The Quest for the Common Good: Neutrality and Deliberative Democracy in Sunstein's Conception of American Constitutionalism, Connecticut Law Review (1994)
 
Book Note (reviewing Paul W. Kahn, History and Legitimacy: Self-Government in American Constitutional Theory (1993), Ethics (1993)
 

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Pragmatism─The Unfinished Revolution: Doctrinaire and Reflective Pragmatism in Rorty's Social Thought, Tulane Law Review (1993)
 

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Indeterminacy, Justification and Truth in Constitutional Theory, Fordham Law Review (1992)

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional...

 

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Kibitzers, Fuzzies, and Apes Without Tails: Pragmatism and the Art of Conversation in Legal Theory, Tulane Law Review (1991)
 

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Beyond Skepticism, Foundationalism and the New Fuzziness: The Role of Wide Reflective Equilibrium in Legal Theory, Cornell Law Review (1990)
 
Free Will, Responsibility and the Promise of Forensic Psychiatry, International Journal of Law and Psychiatry (1990)
 

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Liberalism, Radicalism and Utopian Ideals, Capital University Law Review (1990)
 
Intimacy and Confidentiality in Psychotherapeutic Relationships, Theoretical Medicine (1989)
 

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The Anatomy of Constitutional Revolutions, Nebraska Law Review (1989)
 

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Conventionalism, Pragmatism, and Constitutional Revolutions, U.C. Davis Law Review (1988)
 

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Punishment, Penance and Respect for Autonomy, Social Theory and Practice (1988)
 

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The Moral Good Theory of Punishment, University of Florida Law Review (1988)
 
Altruism and Sympathy in Hume's Ethics, Australasian Journal of Philosophy (1987)
 
The Theory of Reciprocal Altruism, Philosophical Studies (1984)
 

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Beyond Good Samaritans and Moral Monsters: An Individualistic Justification of the General Legal Duty to Rescue, UCLA Law Review (1983)
 

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Hare's Theory of Rational Assent, Philosophical Studies (1981)
 

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Universalizability and Prescriptivity in Practical Reasoning, The Southern Journal of Philosophy (1977)
 

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In Defense of Sidgwick, Philosophical Studies (1967)
 

Books

Constitutional Revolutions: Pragmatism and the Role of Judicial Review in American Constitutionalism (2000)
 

Contributions to Books

Haunted by Brown, Choosing Equality: Essays and Narratives on the Desegregation Experience (2009)
 
Unconstitutional on its Face, Encyclopedia of the Supreme Court of the United States (2008)
 
Pragmatism, Cultural Criticism and the Idea of the Postmodern University, An Ethical Education: Community and Morality in the Multicultural University (1994)
 

Popular Press

Op-Ed., Signing Statements Risk Abuse of Power, The News Journal (Wilmington DE) (2008)
 
Editorial, Arming “Good Guys” Won’t End Violence, The News Journal (Wilmington DE) (2007)
 

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Going Courting: How Same-Sex Marriage Opponents Came to Love the Courts, Slate (2005)