Articles

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To Drink the Cup of Fury: Funeral Picketing, Public Discourse and the First Amendment, Connecticut Law Review (2012)

In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a...

 

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The Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence, William & Mary Bill of Rights Journal (2011)

Modern First Amendment jurisprudence is deeply paradoxical. On one hand, freedom of speech is said...

 

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Ideological Conflict and the First Amendment, Chicago-Kent Law Review (2003)

According to the prevailing view, constitutional interpretation ideally should consist in the development and application...

 

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Spheres of Autonomy: Reforming the Content Neutrality Doctrine in First Amendment Jurisprudence, William and Mary Bill of Rights Journal (2002)

In recent decades, the doctrine of content neutrality has become the cornerstone of First Amendment...

 

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Natural Rights and the Second Amendment, Chicago-Kent Law Review (2000)
 

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State Supported Speech, Wisconsin Law Review (1999)
 

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Freedom of Expression: An Essay on Rights, Relation and Recognition, Genders (1998)
 

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Righting the Balance: An Inquiry into the Foundations and Limits of Freedom of Expression, Boston University Law Review (1998)

Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount...

 

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The Duty to Rescue: A Liberal-Communitarian Approach, The Responsive Community (1997)
 

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The Legitimacy of Capital Punishment in Hegel's Philosophy of Right, Owl of Minerva (1996)
 

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Foundations of the Duty to Rescue, Vanderbilt Law Review (1994)
 

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Aristotle on Political Justice (symposium), Iowa Law Review (1992)
 

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Natural Rights, Positivism and the Ninth Amendment: A Response to McAffee, Southern Illinois University Law Journal (1992)
 

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Positive and Negative Liberty, Chicago-Kent Law Review (1992)
 

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The First Duty of Government: Protection, Liberty and the Fourteenth Amendment, Duke Law Journal (1991)
 

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Note, Content Regulation and the Dimensions of Free Expression, Harvard Law Review (1983)
 

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The Supreme Court, 1982 Term (scope of liability under Title VI), Harvard Law Review (1983)
 

Books

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Free Speech and Human Dignity (2008)
 

Hate Speech and the Constitution (1996)
 

Contributions to Books

Hate Speech, Public Discourse, and the First Amendment, Extreme Speech and Democracy (2009)
 

Compelled Speech, Encyclopedia of the Supreme Court of the United States (2008)
 

The Duty to Rescue: A Liberal-Communitarian Approach, The Communitarian Reader: Beyond the Essentials (2004)
 

The Good Samaritan, Religion and American Law: An Encyclopedia (2000)
 

The Duty to Rescue in Tort and Criminal Law, The Philosophy of Law: An Encyclopedia (1999)
 

Natural Rights, Positivism and the Ninth Amendment: A Response to McAffee, 2 Rights Retained by the People (1993)