Resumé of
Larry Alexander
University of
PERSONAL
Born: September 23, 1943
Wife: Elaine A. Alexander
Children: Jennifer, David, and Jonathan
Address: University of
Phone: (619) 260-2317
FAX: (619)
260-4728
E-mail larrya@sandiego.edu
EDUCATION
B.A., 1965,
Major: Philosophy
Honors: Magna Cum Laude, Phi Beta Kappa, Highest Honors in
Philosophy,
Canby Athletic Award, Lehman Scholar
LL.B., 1968,
Honors: Order of the Coif
BAR ADMISSION
CAREER
1968-1970, Research Attorney,
1970-1972, Assistant Professor of Law, University of
1972-1975, Associate Professor of Law, University of
1975-1995, Professor of Law, University of
1989 (Spring), Visiting
Professor,
1995-present, Warren Distinguished Professor of Law,
1995 (Fall), Visiting Professor, University of
WRITINGS AND SCHOLARLY ACTIVITIES
BOOKS
1. MONOGRAPHS
Whom Does the Constitution Command? (with Paul Horton) (Greenwood Press, 1988).
The
Rule of Rules: Morality, Rules, and the Dilemmas of Law (with Emily
Sherwin)
(Duke University Press, 2001).
Is
There a Right of Freedom of Expression? (
Demystifying Legal Reasoning (with Emily Sherwin) (Cambridge University Press, 2008).
Crime and Culpability: A Theory of Criminal Law (with Kimberly Ferzan and Stephen Morse) (forthcoming, Cambridge University Press, 2008).
A Defense of Intentionalist Legal Interpretation (with Saikrishna Prakash) (forthcoming,
2. ANTHOLOGIES
Contract Law (collection of essays on the theory of contract law, part of the International
Library
of Essays in Law and Legal Theory, Tom Campbell,
General Editor,
Constitutionalism: Philosophical
Foundations (Cambridge University Press, 1998).
Legal Rules
and Legal Reasoning (Ashgate/Dartmouth Pub.
Freedom of Speech (Ashgate/Dartmouth Pub.
ARTICLES, CHAPTERS, ESSAYS, AND REVIEW ESSAYS
1. JURISPRUDENCE AND GENERAL LEGAL THEORY
"Hercules or Proteus? The Many Theses
of Ronald Dworkin" (co-authored with
Michael Bayles), 5 Social Theory & Practice 267 (1980).
"Painting
Without the Numbers: Noninterpretivist Judicial
Review," 8 University of
Dayton
"Pursuing the Good--Indirectly," 95 Ethics 315 (1985).
"Striking Back at the Empire: A Brief Survey of Problems in Dworkin's Theory of Law,"
6 Law & Philosophy 419 (1987).
"Legal Theory and Judicial Accountability: A Comment on Seidman,"
61
"The Constitution as Law," 6 Constitutional Commentary 103 (1989).
"Constrained by Precedent," 63
"Essay: Of Two Minds About
Law and Minds," 88
"Law and Exclusionary Reasons," 18 Philosophical Topics 5 (1990).
"The Gap," 14 Harvard J. of Law & Public Policy 695 (1991).
"Proving the Law," 86 Northwestern University Law Review 905 (1992).
"Practical Reason and Statutory Interpretation," 12 Law & Philosophy 319 (1993).
"The
Deceptive Nature of Rules" (with Emily Sherwin), 142
"All or Nothing at All? The Intentions of Authorities and the Authority of Intentions,"
in A. Marmor, ed., Law and Interpretation 357 (1995).
"Against Legal Principles" (with Kenneth Kress), in A. Marmor, ed.,
Law and Interpretation 279 (1995), reprinted in 82 Iowa Law Review 739 (1997).
"Fancy Theories of
Interpretation Aren't," 73
"Originalism, or Who Is Fred?," 19 Harvard Journal of Law & Public Policy 321 (1995).
"Precedent" in D. Patterson, ed., A Companion to the
Philosophy of Law and
Legal Theory 503 (1996).
"Incomplete Theorizing," 72 Notre Dame Law Review 531 (1997).
"Bad Beginnings," 145
"On Extrajudicial Constitutional Interpretation" (with Fred Schauer),
110 Harvard Law Review 1359 (1997).
"Replies to Our Critics" (with Ken
Kress), 82
"The Banality of Legal Reasoning," 73 Notre Dame Law Review 517 (1998).
"Constitutional Tragedies and Giving Refuge to the
Devil," in
S. Levinson, eds., Constitutional Stupidities, Constitutional
Tragedies (1998).
"Can the Law Survive the Asymmetry of Authority?," in L. Meyer, ed.,
Rules and Reasoning 39 (1999), reprinted in 19 Q.L.R. 463 (2000).
"`With Me, It's All or Nuthin''": Formalism in Law and Morality,"
66
"Nonjudicial Interpretation of the Constitution" (with Frederick Schauer), in
Encyclopedia of the American
Constitution, Supplement II,
L. Levy, K. Karst, & A. Winkler, eds. (2000).
"Stare Decisis," in Encyclopedia of the American Constitution, Supplement II,
L. Levy, K. Karst, & A. Winkler, eds.(2000).
"Theory's A What Comes Natcherly," 37 San Diego Law Review 777 (2000).
"Defending Judicial Supremacy: A Reply" (with Frederick Schauer), 17
Constitutional Commentary 455 (2000).
"Interpreting Rules: The Nature and Limits of Inchoate Intentions" (with Emily Sherwin),
in Legal
Interpretation in Democratic States, J. Goldsworthy and
T. Campbell, eds. (2002).
"Is Judicial Review Democratic? A Comment on Harel" (forthcoming in Law &
Philosophy, 2003).
"Deception in Morality and Law" (with Emily Sherwin), 22 Law & Philosophy 393 (2003).
"Rule-Guidance, Rationality, and Constraint," in Legal and Political Philosophy,
E. Villanueva, ed. (2002).
"Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation"
(with Saikrishna Prakash), 20 Constitutional Commentary 97 (2003).
"'Is That
English You're Speaking?' Some Arguments for the Primacy of
Intent in Interpretation"
(with Saikrishna Prakash), 41 San Diego Law Review 967 (2004).
"Constitutionalism," in The Blackwell Guide to the Philosophy of Law and Legal Theory,
M. Golding and
"Judges as Rulemakers" (with Sherwin), D. Edlin, ed., Common Law Theory
(Cambridge Univ. Press, 2007).
"Judicial Review and Moral Rights," 33 Queen's L. J. 1 (2007).
"How to Understand Legislatures: A Comment on Boudreau, Lupia, McCubbins, and Rodriguez,"
44 San Diego L. Rev. 993 (2007).
"Is Policy within Law's Limited Domain?" (with Schauer), 26 University of Queensland Law Journal 221 (2007).
"Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues," in G. Huscroft, ed., Interpreting the Constitution (Cambridge Univ. Press, 2008).
J. Christman, eds., (forthcoming, 2008).
"Constitutionalism and Democracy: Understanding the Relation" (forthcoming in The Supreme Court and the Idea of Constitutionalism, Univ. of Pennsylvania Press, 2008).
"Law and Philosophy at Odds" (with Sherwin) (forthcoming in J. Mootz, ed.,
On Philosophy in American Law, Cambridge Univ. Press, 2008).
“Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of
Law on Acceptance” (with Schauer) (forthcoming in M. Adler and K. Himma, eds., The Rule of Recognition and the U.S. Constitution, Oxford Univ. Press, 2009).
"Simple-Minded Originalism" (forthcoming, 2009).
“Legal Objectivity and the Illusion of Legal Principles” (forthcoming in M. Klatt, Rights, Law, and Morality: Themes from the Legal Philosophy of Robert Alexy, Oxford
Univ. Press, 2009).
2. CRIMINAL LAW THEORY
"Self-Defense
and the Killing of Noncombatants," 5 Philosophy & Public Affairs 408
(1976),
reprinted in C. Beitz, ed., International
Ethics (Princeton: Princeton Univ. Press, 1985).
"The Doomsday Machine: Proportionality, Prevention and Punishment,"
63 The Monist 199 (1980).
"Retributivism and the Inadvertent Killing of the Innocent," 2 Law & Philosophy 233 (1983).
"Consent, Punishment,and Proportionality," 15 Philosophy & Public Affairs 178 (1986).
"Justification and Innocent Aggressors," 33 Wayne Law Review 1177 (1987).
"Reconsidering the Relationship Among Voluntary Acts, Strict Liability, and
Negligence in Criminal Law,"
7 Social Philosophy & Policy 84 (1990),
reprinted in M. Gorr & S. Harwood, eds., Controversies
in Criminal Law
(Westview Press, San Francisco: 1992).
"Self-Defense, Punishment, and Proportionality," 10 Law & Philosophy 323 (1991).
"Voluntary Acts: The Child/Davidson Trilemma," 11 Criminal Justice Ethics 98 (1993).
"Self-Defense, Justification, and Excuse," 22 Philosophy & Public Affairs 53 (1993).
"Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction:
An Essay in Memory of Myke Bayles," 12 Law & Philosophy 33 (1993).
"Crime and Culpability," 5 Journal of Contemporary Legal Issues 1 (1994).
"Mens Rea and Inchoate Crimes" (with Kim Kessler), 87 Journal of Criminal
Law and Criminology 1138 (1997).
"A Unified Defense of Preemptive Self-Protection," 74 Notre Dame Law Review 1475
(1999).
"Insufficient Concern: A Unified Conception of Criminal Culpability,"
88
"Mistake," in Encyclopedia of Crime and Justice, Joshua Dressler, ed. (2001).
"Criminal Liability for
Omissions: An Inventory of Issues," in Criminal Law Theory:
Doctrines of the General Part, S. Shute and A. Simester, eds. (2002).
"The Philosophy of Criminal
Law," in The
Legal Philosophy, Jules Coleman & Scott Shapiro, eds. (2002).
"Unknowingly Justified Actors
and the Attempt/Success Distinction," 39
"Lesser Evils: A Closer Look at the Paradigmatic Justification," 24 Law & Philosophy 611 (2005).
"Fletcher on the Fault of Not Knowing" (with Ferzan) (forthcoming in R. Christopher, ed.,
Essays on Criminal Law, Oxford Univ. Press, 2008).
"Culpable Acts of Risk Creation" (with Ferzan), 5 Ohio State Journal of Criminal Law 375 (2008).
“Facts, Law, Exculpation, and Inculpation: Comments on Simons” (forthcoming in
Criminal Law and Philosophy, 2009).
“Culpability” (forthcoming in J. Deigh and D. Dolinko, eds., The Oxford Handbook on the Philosophy of
Criminal Law, 2009)
3. CONSTITUTIONAL THEORY
a. Freedom of Speech
"Speech in the Local Marketplace" (an article based upon
a speech delivered to
1976 Convention of the
League of California Cities), 14
Law Review 357
(1977).
"Commercial Speech and First Amendment Theory," 75
Northwestern University
Law Review 307 (1980).
"The Impossibility of a Free Speech Principle" (co-authored with Paul Horton),
78 Northwestern University Law Review 1319 (1983).
"Consumer Boycotts and Freedom of Association: A Comment on a
Recently
Proposed
Theory" (co-authored with Maimon
Schwarzschild), 22 San Diego
Law Review 555 (1985).
"Is There an Overbreadth Doctrine?," 22 San Diego Law Review 541 (1985).
"Low Value Speech," 83 Northwestern University Law Review 547 (1989).
"The ADL Hate Crime Statute and the First Amendment," 11 Criminal Justice Ethics 49 (1993).
"Trouble on Track Two: Incidental Regulations of Speech and Free Speech Theory,"
44
"Free Speech and Speaker's Intent," 12 Constitutional Commentary 21 (1995).
"Banning Hate Speech and the Sticks and Stones Defense," 13 Constitutional Commentary 71 (1996).
"Freedom of Speech," in R. Chadwick, ed., Encyclopedia of Applied Ethics (1997).
"Hate Speech," in R. Newman, ed., The Constitution and Its Amendments (1998).
"Incitement and Freedom of
Speech," in D. Kretzmer & F.H Hazan, eds., Freedom of
Speech and Incitement Against Democracy (2000).
"Freedom of Expression as a Human Right," in Protecting Human Rights, T. Campbell,
J. Goldsworthy,
& A. Stone, eds. (2003).
"Compelled Speech, " 23 Constitutional Commentary 147 (2006).
"Expression, Freedom of," in Encyclopedia of Law and Society: American
and Global Perspectives, D. Clark, ed. (Sage Publications, 2007).
b. Equality
"The New Racism"
(co-authored with Elaine Alexander), 9
(1972).
"Introduction: Motivation and Constitutionality," 15 San Diego Law Review 925 (1978).
"Motivation and Constitutionality: A Postscript," 16 San Diego Law Review 885 (1979).
"Modern Equal Protection Theories: A Metatheoretical Taxonomy and Critique,"
42
"Understanding Constitutional Rights in a World of Optional Baselines,"
26 San Diego Law Review 175 (1989).
"Lost in the Political
Thicket," 41
"A Comment on Cass Sunstein's Equality" (co-authored with Emily Sherwin),
9 Constitutional Commentary 189 (1992).
"What Makes Wrongful
Discrimination Wrong?," 141
Law Review 149 (1992).
"Constitutional Theory and Constitutionally Optional Benefits and Burdens,"
11 Constitutional Commentary 287 (1994).
"Impossible," 72
"Still Lost
in the Political Thicket (or Why I Don't Understand the Concept of Vote
Dilution),"
50 Vanderbilt Law Review 327 (1997).
"Sometimes Better Boring and Correct: Romer as an Exercise of Ordinary Equal
Protection
Analysis," 68 University of
"Discrimination by Proxy" (with Kevin Cole), 14 Constitutional Commentary 453 (1997).
"Affirmative Action and Legislative Purpose" 107 Yale Law Journal 2679 (1998).
"Is It
Really Racist Not To Be Racist? A Reply to Professor Spann" (co-authored
with Maimon Schwarzschild), www.law.duke.edu/journals/dlj/alex209.html
"Rules, Rights, Options, and Time" 6 Legal Theory 337 (2000).
"The Supreme Court, the
Review 1077 (2001).
"Equal Protection and the Prosecution and Conviction of Crime,"
2002 The
"Equal Protection and the Irrelevance of 'Groups,'" in Issues in Legal
Scholarship, 2002, www.bepress.com/ils/iss2/art1
"Grutter or Otherwise: Racial Preferences and Higher
Education"
(with Maimon Schwarzschild)
(forthcoming in Constitutional Commentary, 2004).
"Why the Constitution Does Not Regulate Gerrymandering" (with Prakash) (forthcoming in 50 William & Mary L. Rev. _____ , 2008).
c. Procedural Due Process
"Ingraham v. Wright: A
Primer for Cruel and Unusual Jurisprudence" (co-authored with
Paul
Horton), 52 Southern California Law Review 1305 (1979).
"The
Relationship Between Procedural Due Process and
Substantive Constitutional Rights,"
34
"The Supreme Court, Dr. Jekyll, and the Due Process of Proof,"
1996 The Supreme Court Review 191.
"Are Procedural Rights Derivative Substantive Rights?," 17 Law & Philosophy 19 (1998).
d. State Action
"Cutting the Gordian Knot: State Action and Self-Help Repossession,"
2
"Constitutional Torts, the Supreme Court, and the Law of Noncontradition: An Essay on
Zinermon
v. Burch," 87 Northwestern University Law Review 576 (1993).
"The Public/Private Distinction(s)," 10 Constitutional Commentary 361 (1993).
"State
Action," in The Philosophy of Law: An
Encyclopedia, edited by Christopher Gray (1999).
e. Other
"The
29 Stanford Law Review 1299 (1977).
"Takings of Property and Constitutional Serendipity," 41
"Is There
Such a Thing as Extraconstitutionality? The Puzzling Case of
(with Evan Lee), 27
"Are Smith and
"Good God,
Garvey! The Inevitability and Impossibility of a Religious
Justification
of Free Exercise Exemptions," 47 Drake Law Review 35 (1998).
"Introduction to the Conference on Legal Transitions," 13 Journal of Contemporary Legal
Issues 1 (2003).
"Reports of the Delegation Doctrine's Death Are Greatly Exaggerated" (with Saikrishna
Prakash), 70
"Constitutional Rules, Constitutional Standards, and Constitutional Settlement:
Marbury
v.
Commentary 369 (2003).
"Popular? Constitutionalism?" (with Larry Solum), 118 Harvard Law Review1594 (2005).
"Delegations Really Running Riot" (with Saikrishna Prakash), 93 Virginia Law Review,
4.
MORAL AND POLITICAL THEORY "The Stork Market" (co-authored with Lyla
O'Driscoll), 4 Journal of Libertarian Studies 173
(1980). "Liberalism as Neutral
Dialogue: Man and Manna in the 28
U.C.L.A. Law Review 816 (1981). "Zimmerman on Coercive Wage
Offers," 12 Philosophy & Public Affairs 160 (1983). "Natural Advantages and
Contractual Justice" (co-authored with William Wang), 3
Law & Philosophy 281 (1984). "Another Look at Moral
Blackmail," Philosophy Research Archives, Vol. X (1984): 189. "Kidney
Pooling," 2 Cogito 15 (1984). "Reiman's
Libertarian Interpretation of Rawls' Difference Principle," Philosophy
Research Archives, Vol. X (1984): 13. "Electronic Monitoring of Felons
by Computer: Threat or Boon to Civil Liberties" (co-authored with Elaine Alexander), 11 Social Theory &
Practice 89 (1985). "Fair Equality of Vol. XI Philosophy
Research Archives 197 (1985). "Liberalism, Neutrality, and Equality of Welfare Versus
Equality of Resources" (co-authored with Maimon
Schwarzschild), 16 Philosophy & Public Affairs 85 (1986). "Scheffler on the "Causation
and Corrective Justice: Does Tort Law Make Sense?,"
6 Law & Philosophy 1 (1987). "Personal Projects and Impersonal Rights," 12 Harvard J.
of Law & Public Policy 813 (1989). "Foreword: Coleman and Corrective Justice," 15 Harvard
Journal of Law & Public Policy 621 (1992). "Liberalism, Religion, and the Unity of Epistemology," 30
San Diego L. Rev. 763 (1993). "Harm,
Offense, and Morality," 7 The Canadian Journal of
Law and Jurisprudence 199 (1994). "Negligence, Crime, and Tort:
Comments on Hurd and Simons," 76
"Affirmative
Duties and the Limits of Self-Sacrifice," 15 Law & Philosophy 65
(1996). "The Moral
Magic of Consent (II)," 2 Legal Theory 165 (1996). "Is Morality Like the Tax Code?," 95 "Banishing
the Bogey of Incommensurability," 146 "Subversive Thoughts on Freedom and the Common Good"
(with Maimon Schwarzschild), 97 "The Uncertain Relationship Between Libertarianism and Utilitarianism" (with Maimon Schwarzschild), 19
Quinnipiac Law Review 657 (2000). "Deontology
at the Threshold," 37 San Diego Law Review 893 (2000). "Ripstein, Reasonableness, and Objectivity," 20 Law
& Philosophy 617 (2001). "Illiberalism
All the Way Down: Illiberal Groups and Two Conceptions of Liberalism," 12
Journal of Contemporary Legal Issues 625 (2002). "The Legal Enforcement of
Morality," in Companion to Applied Ethics, R. Frey and C. Wellman, eds. (2003). "The Jursidiction
of Justice: Two Conceptions of Political Morality," 41 Law
Review 949 (2004). "When Are
We Rightfully Aggrieved?: A Comment on Postema," 11 Legal Theory 325 (2005). "Deontology" (with Moore), Stanford Encyclopedia of Philosophy (2007). "Is There Logical Space on the
Moral Map for Toleration? A Brief Comment on Smith, Morgan,
and Forst," in M. Williams and J. Waldron, eds., Toleration and Its Limits (NYU Press, 2008).
"The Authentication of
Documents Requirement" (co-authored with Elaine Alexander), 10
San Diego Law Review 266 (1973). "Freedom of
Contract and the Family: A Skeptical Appraisal" (co-authored with Paul Horton), in Peden
and Glahe, eds., The
American Family and the State 229 (1986). "What We Do and Why We Do
It," 45 Stan. L. Rev. 1885 (1993). "Academic Freedom" (forthcoming in U. Col. L. Rev., 2006).
Review of Randy Barnett, ed., The Rights Retained By the People, 7 Constitutional
Commentary 396 (1990). Book Note, 101 Ethics 676 (1991). Review of R. Goodin & A. Reeve, eds., Liberal Neutrality, 8 Constitutional Commentary 255 (1991). Review of H. Wellington, Interpreting the Constitution, and L. Tribe and M. Dorf, On Reading the Constitution, 8 Constitutional Commentary 463 (1991). Review of R. Schopp, Automatism, Insanity, and the Psychology of Criminal Responsibility, 103 Ethics 594 (1993). Review of J. Arthur, Words That Bind, 106 Philosophical Review 461 (1997). Review of R. George, ed., The Autonomy of Law, 108 Ethics 600 (1998). Review of L.W. Sumner, The Hateful and the Obscene (forthcoming in Ethics, 2006). Fall 2008 - Criminal Law - Section A ASSIGNMENTS (both small sections): Mon., Aug. 25: Dressler, Chs. 1–3. Wed., Aug. 27: Dressler, Chs. 4–6. Due Wed., September 3 Reading Material for Problem Set 1 in PDF (Leary v. United States). Dressler, Chs. 7, 8 Due Mon., September 15 Dressler, pp. 91-113. Model Penal Code (MCP) § 2.01 Due Wed., September 17 Dressler, pp. 113-24. Reading Material for Problem Set 3 in PDF (State v. Williquette). Due Mon., September 22 Dressler, Ch. 10 MPC § 2.02 Reading Material for Problem Set 4 in PDF (Guilty Minds) Due Wed., September 24 No new assignment except materials available online in PDF Reading Materials for Problem Set 5 in PDF (Culpability Requirements) Due Mon., September 29 Dressler, Ch. 11 MPC § 2.05 Reading Material for Problem Set 6 in PDF (Strict Liability: An Unorthodox View) Due Wed., October 1 Dressler, Ch. 12 Reading material for Problem Set 7 in PDF (Chart: Culpability Requirements and Mistake Defenses; Morgan and Short) Due Thurs., October 2 Make-up class; for both sections. Warren Hall, Room 3A, 10:00-11:50AM. Dressler, Ch. 13 MPC § 2.04 There are no reading materials. Due Mon., October 6 Dressler, Chs. 14–15 MCP § 2.03 Due Wed., October 8 Dressler, Chs. 16–18 (to p. 252) MPC §§ 3.01, 3.02, 3.04, 3.05, 3.09 and 3.11
""Scalar Properties, Binary Judgments" (forthcoming, Journal of Applied Philosophy, 2008).
"What is Freedom of Association, and What Is Its Denial?" (forthcoming in Social Philosophy & Policy, 2008).
6. UNTITLED BOOK REVIEWS