|Present||Woodbridge Professor of Law, William & Mary Law School|
|Ph.D., Yale University|
|J.D., Yale University ‐ Yale Law School|
|B.A., University of California - Berkeley|
Book Contributions (1)
Vertical Power 48 University of California, Davis Law Review 73-140 (2014) (2014)
Many legal scholars and federal judges - including Justices Ginsburg and Scalia - have implicitly assumed that a state can extend its procedural law solely to federal courts within its borders. To date, however, no ...
Eternal Recurrence in a Neo-Kantian Context 54 Kriterion: Revista de Filosofia 459-473 (2013) (2013)
In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming ...
On Hart's Category Mistake 19 Legal Theory 347-369 (2013) (2013)
This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement ...
Felix Cohen on Legislation 1 The Theory and Practice of Legislation 113-128 (2013) (2013)
Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory ...
Erie's International Effect 107 Northwestern University Law Review 1485-1501 (2013) (2013)
To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a ...
Horizontal Erie and the Presumption of Forum Law 109 Michigan Law Review 1237-1291 (2011) (2011)
According to Erie Railroad v. Tompkins and its progeny, a federalcourt interpreting state law must decide as the state’s supremecourt would. In this Article, I argue that a state court interpretingthe law of a sister ...
Leiter on the Legal Realists 30 Law and Philosophy 381-418 (2011) (2011)
In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim ...
Does Dworkin Commit Dworkin’s Fallacy?: A Reply to Justice in Robes 28 Oxford Journal of Legal Studies 33-55 (2008) (2008)
In an article entitled ‘Dworkin’s Fallacy, Or What the Philosophy of Language Can’t Teach Us about the Law’, I argued that in Law’s Empire Ronald Dworkin misderived his interpretive theory of law from an implicit ...
Dworkin v. The Philosophers: A Review Essay on Justice in Robes 2007 University of Illinois Law Review 1477-1503 (2007)
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. ...
Legal Revolutions: Six Mistakes About Discontinuity in the Legal Order 83 North Carolina Law Review 331-401 (2005) (2005)
A legal revolution occurs when chains of legal dependence rupture-causing one legal system to be replaced by a different and incommensurable legal system. For example, before the French Revolution chains of legal dependence ultimately led ...