Books
Jurisprudence: Theory and Context, 4th ed. (Sweet & Maxwell (UK), Carolina Academic Press (US), 2006) (1st ed., 1996; 2nd ed., 1999, 3rd ed., 2003)
Teoria del Derecho: ambicion y limites (Marcial Pons, 2006)
(With Stephen Gottlieb, Robin West & Timothy Lytton) Jurisprudence: Cases and Materials (2nd ed., LexisNexis, 2006) (Editor) Philosophy of Law: Critical Concepts in Philosophy, four volumes (Routledge, 2006)
(Co-Editor, with Kenneth Einar Himma) Law and Morality (Ashgate, 2005)
A Dictionary of Legal Theory (Oxford University Press, 2004)
(With Ira M. Ellman, Elizabeth Scott, Paul Kurtz & Lois A. Weithorn) Family Law: Cases, Text, Problems, 4th ed. (LexisNexis, 2004)
(Editor) Contract Law, vols. I and II (International Library of Essays in Law and Legal Theory, 2nd Series, Ashgate, 2000)
(Editor) Analyzing Law: New Essays in Legal Theory (Oxford University Press, 1998) Law, Language, and Legal Determinacy (Oxford University Press, 1993) Chapter 2 reproduced in Wittgenstein and Law (Dennis Patterson, ed., Ashgate, 2004)
Articles and Review Essays
"Legal Realism," "Historical Jurisprudence," "Lon Fuller," and "Civil Disobedience," for The New Oxford Companion to Law (Peter Cane & Joanne Conaghan, eds., Oxford University Press, 2007)
"Form and Formalism: The View from Legal Theory," Ratio Juris (2006)
"Philosophy, Morality, and Parental Priority," 40 Family Law Quarterly 7 (2006)
(with Jane Winn) "Diverging Perspectives on Electronic Contracting in the US and EU," 54 Cleveland State Law Review 175 (2006)
"Legal Positivism and `Explaining' Normativity and Autonomy," 05 (02)American Philosophical Association Newsletter (Spring 2006)
"Introduction," in Philosophy of Law: Critical Concepts in Philosophy, vol. 1 pp. 1-18 (Brian Bix, ed., Routledge, 2006)
"Raz, Authority, and Conceptual Analysis," 50 American Journal of Jurisprudence 311 (2006)
"The ALI Principles and Agreements: Seeking a Balance Between Status and Contract," in Reconceiving the Family: Critical Reflections on the American Law Institute's Principles of the Law of Family Dissolution (Robin Fretwell Wilson, ed., Cambridge: Cambridge University Press, 2006)
"Reductionism and Explanation in Legal Theory," in Properties of Law: Essays in Honour of Jim Harris 43-51 (Timothy Endicott, Joshua Getzler & Ed Peel, eds., Oxford: Oxford University Press, 2006)
"Problem: Conceptual Analysis" (translated into Spanish), 5 Discusiones 197 (2005) (With K. E. Himma) "Introduction," in Law and Morality xi-xvii (Brian Bix & Kenneth Einar Himma, eds., Ashgate, 2005)
"Everything I Know About Marriage I Learned from Law Professors," 42 San Diego Law Review 823 (2005)
"Cautions and Caveats for the Application of Wittgenstein to Legal Theory," in Topics in Contemporary Philosophy 217-229 (Joseph Keim Campbell, Michael O'Rourke & David Shier, eds., MIT Press, 2005)
"Some Reflections on Methodology in Jurisprudence," in Problemas contemporáneos de la filosofía del derecho 67-96 (Enrique Cáceres, Imer B. Flores, Javier Saldañq & Enrique Villanueva, eds., UNAM, 2005)
(translated into Italian), 8 Ars Interpretandi 397 (2003); (translated into Spanish), 26 Doxa 609 (2003)
"State Interests in Marriage, Interstate Recognition, and Choice of Law," 38 Creighton Law Review 337 (2005)
"John Austin," in The Stanford Encyclopedia of Philosophy, in Edward N. Zalta, ed., http://plato.stanford.edu/archives/spr2005/entries/austin-john/ (rev. ed., 2005; original, 2001)
"Legal Positivism," for Blackwell Guide to the Philosophy of Law and Legal Theory 29-49 (William A. Edmundson & Martin Golding, eds., Blackwell, 2005)
"Legal Theory-Types and Purposes," IVR Encyclopaedia of Jurisprudence, Legal Theory, and Philosophy of Law (Aleksander Peczenik, general editor) (2004), http://www.ivr-enc.info/en/article.php?id=49 (in Spanish), Isonomia (2005)
"The Public and Private Ordering of Marriage," 2004 University of Chicago Legal Forum 291
"Background Rules, Incompleteness, and Intervention: Comment on Kostritsky," 2004 University of Wisconsin Law Review 379
"State Interest and Marriage B The Theoretical Perspective," 32 Hofstra Law Review 93 (2003), reprinted in 18 Minnesota Family Law Journal 1-12 (Nov./Dec. 2004)
"Raz on Necessity," 22 Law and Philosophy 537 (2003) reprinted in Law and Morality (Kenneth Einar Himma & Brian Bix, eds, Ashgate, 2005)
"Can Theories of Meaning and Reference Solve the Problem of Legal Determinacy?," 16 Ratio Juris 281 (2003)
"Law as an Autonomous Discipline," for The Oxford Handbook of Legal Studies 975-987 (Peter Cane & Mark Tushnet, eds., Oxford University Press, 2003)
"Physician-Assisted Suicide and Federalism," 17 Notre Dame Journal of Law, Ethics & Public Policy 53 (2003)
"Choice of Law and Marriage: A Proposal," 36 Family Law Quarterly 255 (2002)
"Natural Law Theory: The Modern Tradition," in The Oxford Handbook of Jurisprudence and Legal Philosophy 62-103 (Jules L. Coleman & Scott Shapiro, eds., Kenneth Einar Himma, assoc. ed., Oxford University Press, 2002) (translated into Turkish), 6 Dokuz Eylul University Law Faculty Journal 291-343 (2004)
"Parental Rights for (All) Parents: A Comment on Gregory," 36 Family Law Quarterly 189 (2002)
"Reflections on the Nature of Marriage," in Revitalizing the Institution of Marriage for the 21st Century 111-119 (Alan J. Hawkins, Lynn D. Wardle & David Orgon Coolidge, eds., Greenwood Press, 2002) "Ronald Coase," for Routledge Encyclopedia of Philosophy Online http://www.rep.routledge.com/ (2001)
"An Outsider's Guide to Natural Law Theory," 01 American Philosophical Association Newsletter 126 (Fall 2001)
"How to Plot Love on an Indifference Curve," 99 Michigan Law Review 1439 (2001) reprinted in The Economics of Family Law (Margaret F. Brinig, ed., Edward Elgar, 2006)
"Premarital Agreements in the ALI Principles of Family Dissolution," 8 Duke Journal of Gender Law and Policy 231 (2001)
"Natural Law Theory" and "Economic Analysis of Law," in The Reader's Guide to the Social Sciences, vol. 1, 418-419; vol. 2, 1100-1101 (Jonathan Michie, ed., Fitzroy Dearborn, 2001)
"State of the Union: The States' Interest in the Marital Status of Their Citizens," 55 University of Miami Law Review 1 (2000)
"Conceptual Jurisprudence and Socio-Legal Studies," 32 Rutgers Law Journal 227 (2000)
"On the Dividing Line Between Natural Law Theory and Legal Positivism," for "Propter Honoris Respectum: John Finnis," 75 Notre Dame Law Review 1613 (2000) reprinted in Law and Morality (Kenneth Einar Himma & Brian Bix, eds., Ashgate, 2005)
"Introduction" to Contract Law, vol. I; "Introduction" to Contract Law, vol. II (International Library of Essays in Law and Legal Theory, 2nd Series, Ashgate, 2000)
"Epstein, Craswell, Economics, Unconscionability, and Morality," 19 Quinnipiac Law Review 715 (2000)
"Positively Positivism," 85 Virginia Law Review 889 (1999)
"Patrolling the Boundaries: Inclusive Legal Positivism and the Nature of Jurisprudential Debate," 12 Canadian Journal of Law and Jurisprudence 17 (1999) reprinted in David M. Adams, Philosophical Problems in Law (4th ed., Wadsworth, 2005)
"H.L.A. Hart and the Hermeneutic Turn in Legal Theory," 52 SMU Law Review 167 (1999)
"On Description and Legal Reasoning," in Rules and Reasoning 7-28 (Linda Meyer, ed., Hart Publishing, 1999)
"Ronald Dworkin," "Richard Posner," and "Joseph Raz," in The Philosophy of Law: An Encyclopedia (Christopher Gray, ed., Garland Publishing, 1999)
"Bargaining in the Shadow of Love: Premarital Agreements and How We Think About Marriage," 40 William and Mary Law Review 145 (1998)
"Dealing with Incommensurability for Dessert and Desert: Comments on Chapman and Katz," 146 University of Pennsylvania Law Review 1651 (1998)
"Consent, Sado-Masochism and the English Common Law," 17 Quinnipiac Law Review 157 (1997)
"Natural Law Theory," in A Companion to the Philosophy of Law and Legal Theory 223-40 (Dennis Patterson, ed., Oxford: Blackwell Press, 1996) reprinted (in part) in Joel Feinberg & Jules Coleman, eds., The Philosophy of Law (7th ed., Wadsworth Publishing, 2004)
"Jules Coleman, Legal Positivism, and Legal Authority," 16 Quinnipiac Law Review 241 (1996) [contribution to the "Conference on the Work of Jules Coleman"(October 1996)]
"Conceptual Questions and Jurisprudence," 1 Legal Theory 415 (1995)
"Questions in Legal Interpretation," in Law and Interpretation 137-54 (Andrei Marmor, ed., Oxford: Oxford University Press, 1995) reprinted in 18 Tel Aviv University Law Review 463 (1994) (in Hebrew)
"Considering the State Law Consequences of an Allegedly Improper Bankruptcy Filing," 67 American Bankruptcy Law Journal 325 (1993)
(With A. Tomkins) "Local Authorities and Libel Again," 56 Modern Law Review 738 (1993)
"The Application (and Mis-Application) of Wittgenstein's Rule-Following Considerations to Legal Theory," in Dennis Patterson, ed., Wittgenstein and Legal Theory 209-223 (Westview Press, 1992), reprinted from 3 Canadian Journal of Law and Jurisprudence 107 (1990)
"Michael Moore's Realist Approach to Law," 140 University of Pennsylvania Law Review 1293 (1992)
"A.D. Woozley and the Concept of Right Answers in Law," 5 Ratio Juris 58 (1992)
(With A. Tomkins) "The Sounds of Silence: A Duty to Incriminate Oneself?," 1992 Public Law 363
(With A. Tomkins) "Unconventional Use of the Convention?," 55 Modern Law Review 721 (1992)
"H.L.A. Hart and the 'Open Texture' of Language," 10 Law and Philosophy 51 (1991)
Book Review (reviewing Norman Cantor, Legal Frontiers of Death and Dying), 18 Seton Hall Law Review 523 (1988)
"Dancing in the Dark: The Philosophical Moves of Ronald Dworkin" (book review), 23 Harvard Journal on Legislation 307 (1986)
Shorter Reviews and Case Comments
Book Review (reviewing Larry Alexander, Is There a Right of Freedom of Expression?), Philosophical Books (2006)
Book Review (reviewing Roger Cotterrell, The Politics of Jurisprudence, 2nd ed.), 1 International Journal of Law in Context 115 (2005)
Book Review (reviewing Gerald Postema, ed., Philosophy and the Law of Torts), 46 Philosophical Books 93 (2005)
Book Review (reviewing Julie Dickson, Evaluation and Legal Theory), 28 Australian Journal of Legal Philosophy 231 (2003)
"Practical Judging" (reviewing Richard H. Fallon, Jr., Implementing the Constitution), 19 Constitutional Commentary 453 (2002)
Book Review (reviewing Sanford N. Katz, John Eekelaar & Mavis Maclean, eds., Cross Currents), 65 Modern Law Review 305 (2002)
Book Review (reviewing W. Lucy, Understanding and Explaining Adjudication), 63 Modern Law Review 945 (2000)
Book Review (reviewing M. Addis, Wittgenstein: Making Sense of Other Minds), 41 Philosophical Books 267 (2000)
Book Review (reviewing J.L. Coleman & C.W. Morris, eds., Rational Commitment and Social Justice), 19 Philosophy in Review 318 (1999)
Book Review (reviewing A. Sebok, Legal Positivism in American Jurisprudence), 40 Philosophical Books 277 (1999)
Book Review (reviewing J. E. Penner, The Idea of Property in Law), 18 Philosophy in Review 143 (1998)
Book Note (reviewing R. D. Winfield, Law in Civil Society), 107 Ethics 394 (1997)
Book Review (reviewing E. Weinrib, The Idea of Private Law), 37 Philosophical Books 131 (1996)
Book Review (reviewing M. Kramer, Critical Legal Theory and the Challenge of Feminism), 9 Canadian Journal of Law and Jurisprudence 223 (1996)
"Physician Assisted Suicide and the American Constitution," 58 Modern Law Review 404 (1995)
"Assault, Sado-Masochism and Consent," 109 Law Quarterly Review 540 (1993)
"Refusal of Medical Treatment," 4 King's College Law Journal 112 (1993)
Book Review (reviewing J. Katz, The Metaphysics of Meaning), 102 Mind 512 (1993)
Book Review (reviewing S. Guest, Ronald Dworkin), 43 Philosophical Quarterly 569 (1993)
Book Review (reviewing E. Rakowski, Equal Justice), 102 Mind 193 (1993)
"Agreement to Negotiate," 3 King's College Law Journal 131 (1992)
Case Note (R. v. Brown and others (Court of Appeal)), 6 Wig & Gavel 22 (1992)
Book Review (reviewing V. Burstyn, ed., Women Against Censorship), 9 Harvard Women's Law Journal 215 (1986)
Review of M.J. Detmold, The Unity of Law and Morality, 22 Harvard Journal on Legislation 620 (1985)
Review of L. Baker, Frankfurter and Brandeis, 22 Harvard Journal on Legislation 310 (1985)
Selected Talks and Conference Presentations
"Form and Formalism: The View from Legal Theory," Cornell Law School, March 2006
"On Questions and Aswers in Law's Quandary," Notr Dame Law School, March 2006
"Robert Alexy's Radbruch," Gustav Radbruch Symposium, University of Bristol, January 2006
"Raz, Authority, and Conceptual Analysis," Natural Law and Natural Rights in Contemporary Jurisprudence, Princeton University, September 2005
"Universal Theory in Family Law" and "The Problem of Persuasion: Comment on Linda McClain, The Place of Families," International Society of Family LawWorld Conference, Salt Lake City, July 2005
"Natural Law and the Constitution" and "Theories of Law and Constitutional Interpretation," 29th Midwest Philosophy Colloquium, University of Minnesota-Morris, April 2005
"Contract Law Theory," Analytical Legal Philosophy Conference, University of Texas-Austin, April 2005
"Everything I Know About Marriage I Learned from Law Professors," Conference on the Meaning of Marriage, University of San Diego Institute for Law and Philosophy, January 2005
"The ALI Principles and Agreements: Seeking a Balance Between Status and Contract," Conference on the ALI Principles of Family Dissolution, Harvard Law School,October 2004
Participant, What Makes a Parent?: A Roundtable Discussion, Cardozo Program in Family Law, Policy and Bioethics, Cardozo Law School, Yeshiva University, June 2004
"State Interests in Marriage, Interstate Recognition, and Choice of Law," Conference on Interjurisdictional Recognition of Same-Sex Marriages, Catholic University Law School, May 2004
Participant, Panel Discussion on "Federalism and Marriage," University of St. Thomas Law School, sponsored by the Federalist Society, March 2004
"Background Rules, Incompleteness and Intervention: Comment on Kostritsky," Freedom from Contract Conference, University of Wisconsin, February 2004
"The Public and Private Ordering of Marriage," 18th Annual Symposium of the University of Chicago Legal Forum, Public and Private Faces of Family Law, October 2003
"Some Reflections on Methodology in Jurisprudence," Problems of Contemporary Legal Philosophy, UNAM, Mexico City, July 2003
"State Interest and Marriage B The Theoretical Perspective," A Conference on Marriage, Democracy, and Families, Hofstra University, March 2003
"Will versus Reason: Truth in Natural Law, Positive Law, and Legal Theory," Catholic University, School of Philosophy: The Franklin J. Matchette Foundation Fall 2002 Lecture Series ("Truth"), October 2002
"Legal Positivism for the 19th, 20th, and 21st Century," New Perspectives for the Law of the 21st Century, University of Stockholm, May 2002
"The Past and Future of Legal Positivism," Inaugural Lecture, on Appointment as the Frederick W. Thomas Professor for the Interdisciplinary Studyof Law and Language, University of Minnesota, April 2002
"Cautions and Caveats on the Application of Wittgenstein to Legal Theory," Law and Social Justice: 5th Annual Inland Northwest Philosophy Conference, University of Idaho, April 2002
Comment on Kellogg, "The Construction of Legal Positivism and the Myth of Legal Indeterminacy," American Philosophical Association, Eastern Division Meeting, Atlanta, December 2001
"Choice of Law and Marriage: A Proposal," The International Society of Family Law, North American Regional Conference, Kingston, Ontario, June 2001
"Engagement with Economics: The New Hybrids of Family Law/Law & Economics Thinking," Commodification Futures: Retheorizing Commodification, University of Denver College of Law, March 2001
"Reflections on the Nature of Marriage -- With Reference to Dictionaries, Contracts, and Covenants," Revitalizing the Institution of Marriage for the 21st Century, Brigham Young University Law School, March 2000
"Conceptual Jurisprudence and Socio-Legal Studies," Conference on the Work of Brian Tamanaha, Rutgers Law School, March 2000
"Recent Scholarship on Contract Law: Law and Economics," AALS Contract Law Conference, Washington, D.C., June 1999
"The States' Interest in the Marital Status of Their Citizens," International Society of Family Law, North American Regional Conference, Albuquerque, June 1999
Chair and Participant, Panel Discussion of Jack Balkin, Cultural Software, Law and Society Association Annual Meeting, Chicago, June 1999
"Dealing with Incommensurability for Dessert and Desert: Comments on Chapman and Katz," Symposium on Law and Incommensurability, University of Pennsylvania Law School, February 1998
"On Description and Legal Reasoning," Conference on the Work of Frederick Schauer, Quinnipiac Law School, October 1997
"Questions in Legal Interpretation," Conference on Law and Interpretation, Tel Aviv University, May 1993
Works In Progress
Contract Law (forthcoming, Cambridge Introductions to Philosophy and Law; Cambridge University Press)
Family Law (forthcoming, Short Introductions to Law, Oxford University Press)
Miscellaneous
Member: American Law Institute (from 1998)
Book Review Editor, Constitutional Commentary
Co-Editor (with M. Adler), "Constitutional Law" and "Jurisprudence, and Legal Philosophy," Legal Scholarship Network (LSN) of Electronic Article Abstracts, Social Science Research Network http://www.ssrn.com
Associate Editor, Ratio Juris
Editorial Board, Legal Theory; Law and Philosophy; Journal of International
Commercial Law; and IVR Encyclopaedia of Jurisprudence
Regular Outside Reader for Oxford University Press and Cambridge University Pres; have also worked as an outside reader for Harvard University Press, Stanford University Press, University of Chicago Press, University of Wisconsin Press, Springer, Prentice Hall, Palgrave Macmillan Press, Blackwell Publishing; Harvard Law Review, Legal Theory, Law and Philosophy, Law, Culture, and the Humanities, Journal of Law & Religion, Santa Clara Law Review
Member, American Philosophical Association, Committee on Philosophy and Law, 2003-2006
Bar Memberships: Massachusetts (1994); Connecticut (1995); Minnesota (2002); United States Supreme Court (2000)