Resumé of
Larry Alexander
University of
BIOGRAPHICAL PERSONAL
Wife: Elaine A. Alexander Address: University of
Phone: (619) 260-2317
EDUCATION B.A., 1965,
LL.B., 1968,
BAR ADMISSION
CAREER 1968-1970, Research Attorney,
1970-1972, Assistant 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
2009 (Spring), Joseph D. Jamail Distinguished Visiting Professor, University of Texas School of Law 2010 (December), Visiting Professor, Hebrew University Faculty of Law
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) 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)
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, 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 "Painting
Without the Numbers: Noninterpretivist Judicial
Review," 8 University of "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 "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 "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, "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 "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" "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 "Judicial Review and Moral Rights," 33 Queen's L. J. 1 (2007). "How to Understand Legislatures: A Comment on Boudreau, Lupia, McCubbins, "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,"
"Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of “Constitutionalism,” in T. Christiano &
J. Christman, eds., Contemporary
Debates in Political Philosophy (2009). "Constitutionalism and Democracy: Understanding the Relation," in The Supreme Court and the Idea of Constitutionalism "Of Living Trees and Dead Hands: The Interpretation of Constitutions and Constitutional Rights,"
22 Canadian
Journal of Law & Jurisprudence 227 (2009). "Constitutions, International Law, and the Settlement Function of Law: A Schema for Further Reflection,"
11 San Diego International Law Review 43 (2009). "Waluchow's Living Tree Constitutionalism," 29 Law & Phil. 93 (2010). "What Are Constitutions, and What Should (and Can) They Do?," 28 Social Philosophy and Policy 1 (2010). "Telepathic Law," 27 Constitutional Commentary 139 (2010). "Simple-Minded Originalism," in The Challenge of Originalism: Essays in constitutional theory, G. Huscroft & B.W. Miller, eds. (2011). "What's Inside and Outside the Law" 31 Law and Philosophy 213 (2011). "Constitutionalism," in Encyclopedia of Jurisprudence (D. Reidy, ed., 2012). "Legal Objectivity and the Illusion of Legal Principles" (in M. Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy, “Precedential Constraint, Its Scope and Strength: A Brief Survey of the Possibilities and Their Merits” (in T. Bustamante et al, eds., On the Philosophy of Precedent, “The Method of Text and ? Jack Balkin’s Originalism with No Regrets” (forthcoming U. Illinois Law Review, 2012). “Did Casey Strikeout? Following and Overruling Constitutional Precedents in the Supreme Court” (forthcoming 2013). 2. CRIMINAL LAW THEORY "Self-Defense
and the Killing of Noncombatants," 5 Philosophy & Public Affairs 408
(1976), "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), "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). Criminal Law Conversations (Oxford U. Press, 2009). Criminal Law Conversations (Oxford U. Press, 2009). “Beyond the Special Part” (with Ferzan), in Philosophical Foundations of Criminal Law, A. Duff and S. Green, eds. (2011).
"Culpability," in The Oxford Handbook on the Philosophy of Criminal Law J. Deigh and D. Dolinko, eds. (2011).
"Duff on Attempts," in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff, R. Cruft, M. Krause, and M. Reiff, eds., (2011).
"Fletcher on the Fault of Not Knowing" (with Ferzan), in R. Christopher, ed., Essays on Criminal Law, Oxford Univ. Press (2011). “Michael Moore and the Mysteries of Causation in the Law,” 42 Rutgers L. J. 301 (2011). "'Moore or Less' Causation and Responsibility”(with Ferzan), 6 Criminal Law & Philosophy 81 (2012). "Reply to Dolinko” (with Ferzan) (forthcoming in Criminal Law & Philosophy, 2012). "You Got What You Deserved" (forthcoming in Criminal Law & Philosophy, 2012). "Danger: The Ethics of Preemptive Action" (with Ferzan) (forthcoming in Ohio State J. oc Criminal Law, 2012). "Self-Defense" (forthcoming in A. Marmor, ed., The Routledge Companion to the Philosophy of Law, 2012). "Risk and Inchoate Crimes: Retribution or Prevention?" (with Ferzan), in G.R. Sullivan et al, eds., Seeking Security: Pre-empting the Commission of Criminal Harms (forthcoming 2012). "Michael Moore and the Mysteries of Causation in the Law" (forthcoming in Rutgers L.J., 2012). "Surrebuttal" (with Ferzan) (forthcoming in Criminal Law & Philosophy 2012). "Can Self-Defense Justify Punishment?" (forthcoming in Law & Philosophy, 2013). 3. CONSTITUTIONAL THEORY a. Freedom
of Speech "Speech in the Local Marketplace" (an article based upon
a speech delivered to "Commercial Speech and First Amendment Theory," 75
Northwestern University "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 "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). "Expression, Freedom of," in Encyclopedia of Law and Society: American and
Global Perspectives, D. Clark, ed. (Sage Publications, 2007) "There Is No First Amendment Overbreadth (But There Are Vague First Amendment Doctrines); Prior Restraints Aren't "Prior"; and "As Applied" Challenges Seek Judicial Statutory Amendments," 27 Constitutional Commentary 429 (2011).
"Freedom of Expression" in G. Claeys and L.T. Sargent, eds., Encyclopedia of Modern Political Thought (forthcoming 2012). "Redish on Freedom of Speech" (forthcoming in Northwestern Univ. Law Review, 2012). “Is Freedom of Expression a Universal Right?” (forthcoming 2013). 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)," "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
"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" "Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering" “Disparate Impact: Fairness or Efficiency (under submission). c. Procedural
Due Process "Ingraham v. Wright: A
Primer for Cruel and Unusual Jurisprudence" (co-authored with "The
Relationship Between Procedural Due Process and
Substantive Constitutional Rights," "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 "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 "Are Smith and "Good God,
Garvey! The Inevitability and Impossibility of a Religious
Justification "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. "Popular? Constitutionalism?" (with
Larry Solum), 118 Harvard Law Review 1594 (2005). "Delegations Really Running Riot" (with Saikrishna Prakash), 93 Virginia Law Review,
"Kent Greenawalt and the Difficulty (Impossibility?) of Religion Clause Theory,"
25 Constitutional Commentary 243 (2009).
“Response to Professor Kent Greenawalt’s Lecture,” 47 San Diego L. Rev. 1153 (2010).
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 "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), "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 "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," 77 U. Col. L. Rev. 883 (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, 116 Ethics 809 (2006). Rev. 02-02-12 Spring 2012 CONSTITUTIONAL LAW (Scroll down for Criminal Law Assignments) MW 1:00–2:50pm, Section 01C Office Hours: Monday/Wednesday 10:45–11:45am and Tuesday 9:00am–12:00pm Please contact Professor Alexander if you have questions regarding your class or would like to schedule an appointment. E-mail is checked frequently throughout the day. Replies are sent within a reasonable time frame. Contact Info: larrya@sandiego.edu or 619-260-2317 (from on-campus dial 2317). Textbooks: Constitutional Law 1, Choper, Fallon, Kamisar, Shiffrin, 11th ed. Constitutional Law: Cases & Comments, Questions, Choper, Fallon, Kamisar, Shiffrin, 10th ed., 2011 Supplement. CONSTITUTIONAL LAW -- ASSIGNMENTS Wed., January 18: pp. 29–56 Mon., January 23: pp. 65–103. Wed., January 25: pp. 103–132 Mon., January 30: pp. 132–52. Wed., February 1: pp. 152–75. Mon., February 6: pp. 148–75. Wed., February 8; pp. 263–84. Mon., February 13: pp. 284–307 Wed., February 15: pp., 307–335 Mon., February 20: finish Ch. 4 Wed., February 22: pp. 176–215 Mon., February 27: pp. 215–249 Wed., February 29: finish Ch. 3 SPRING BREAK – March 5–9 – No Classes Mon., March 12: 640–87 Wed., March 14: 765–71, 688–703 Mon., March 19: 692–716 Wed., March 21: 716–740 Mon., March 26: 771–88, 803–13, 897–920 Wed., March 28: Class Cancelled Mon., April 2: 813–42, 921–31 Wed., April 4: 984–1016 MON., APRIL 9 – EASTER HOLIDAY – NO CLASS Wed., April 11: 1016–30, 347–84 Mon., April 16: 385–95, 414–30 Wed., April 18: 430–53, 456–75 Mon., April 23: 521–58 Tues., April 24: pp. 611–40 * * * * * * * * * * * * * * * * * * * * * * * * * * * SPRING 2012 CRIMINAL LAW MW 8:30–10:20am, Section 01B Office Hours: Monday/Wednesday 10:45–11:45am and Tuesday 9:00am–12:00pm Please contact Professor Alexander if you have questions regarding your class or would like to schedule an appointment. E-mail is checked frequently throughout the day. Replies are sent within a reasonable time frame. Contact Info: larrya@sandiego.edu or 619-260-2317 (from on-campus dial 2317). Casebook: Dressler, Understanding Criminal Law, 5th edition. Supplement: None Instructions for Problem Sets 1) Do not include a cover sheet. 2) Print black text on white paper, font size 12, Times New Roman. 3) Each problem set must contain the following information in the upper right hand corner: 4) Staple problem sets separately (do not dog ear or tear corners). 4) Keep a copy. Additional, note the following: 1) 24 problem sets will be assigned; 19 will be required. Do all if possible. 2) You may discuss them with others up to the point you begin writing. Any collaboration thereafter with anyone in or out of the class is an Honor Code violation. 3) Write in the best English of which you are capable. Sound like a professional, though “legalese” is unnecessary and probably bad. 4) Each problem set will be graded pass/fail, with pass being “good faith effort.” Problem sets and class reading materials will be posted every Wednesday afternoon. If you have questions regarding your assignments or the class in general, please contact Professor Alexander directly. To report web site problem: adriussi@sandiego.edu CLASS ASSIGNMENTS Due Mon., January 9: Dressler, Chs. 1–3. Due Wed., January 11: Dressler. Chs. 4–6. Mon., January 16 — Martin Luther King, Jr. Day — No Classes, Offices Closed Due Wed., January 18 Reading Material for Problem Set 1 in PDF (Leary v. United States). Model Penal Code (MPC) § 1.12 Dressler, Chs. 7–8 Due Mon., January 23 Dressler, pp. 85–105 MPC § 2.01 Due Wed., January 25 Dressler, pp. 105–116 Reading material for Problem Set 3 in PDF (State v. Williquette). Due Mon., January 30 Dressler, Ch. 10 MPC § 2.02 Reading Material for Problem Set 4 in PDF (Guilty Minds) Due Wed., February 1 No new assignment except Reading Materials for Problem Set 5 in PDF (Culpability Requirements) Due Mon., February 6 Dressler, Ch. 11 MPC § 2.05 Reading Material for Problem Set 6 in PDF (Strict Liability: An Unorthodox View) Due Wed., February 8 Dressler, Ch. 12 Due Mon., February 13 Dressler, Ch. 13 MPC § 2.04 There are no reading materials. Due Wed., February 15 Dressler, Chs. 14, 15 MPC § 2.03 Due Mon., February 20 Dressler, Chs. 16–18 (to p. 238) MPC §§ 3.01, 3.02, 3.04, 3.05, 3.09 and 3.11 Due Wed., February 22 Dressler, Chs. 18 (from p. 238), 19 Due Mon., February 27 Dressler, Chs. 20, 21 MPC §§ 3.04, 3.06, 3.07 Due Wed., February 29 Dressler, Chs. 22 MPC §§ 3.02 SPRING BREAK – March 5–9 – No Classes Due Mon., March 12 Dressler, Ch. 23 MPC § 2.09 Due Wed., March 14 Dressler, Ch. 24 MPC § 2.08 Reading Materials for Problem Set 15 – Part 1 B – Voluntary Intoxication and Causing One's Own Defense & Part 2 B – Commonwealth v. Graves S12 Criminal Law (Practice) Midterm Exam Due Mon., March 19 Dressler, Chs. 25–26 MPC § 4.01–4.03 Reading Materials for Problem Set 16 (Death Row, "Peckerwood Flats") Due Mon., March 21 Dressler, Ch. 27 (to p. 402, then pp. 412–16) MPC § 5.01 Due Mon., March 26 Dressler, pp. 402–12, 416–19 MPC § 5.01 WED., MARCH 28 –– CLASS CANCELLED Due Mon., April 2 Dressler, Ch. 28 MPC § 5.02 Inculpatory Mistakes of Fact and Inculpatory Mistakes of Law Due Wed., April 4 Dressler, Ch. 29 (to p. 449) MON., APRIL 9 – EASTER HOLIDAY – NO CLASS Due Wed., April 11 Dressler, Ch. 29 (pp. 449–end) MPC § 1.03, 5.04 Due Mon., April 16 Dressler, Ch. 30 (to p. 484) MPC §§ 2.06, 5.01(3) Due Wed., April 18 Dressler, Ch. 30 (same as Problem Set 22: to p. 484) MPC §§ 2.06, 5.01(3) Due Mon., April 23 Dressler, Ch. 30 (p. 484–end) Tues., April 24 Review Wed., April 25 (class will meet in WH 3A) Review
Born: September 23, 1943
Children: Jennifer, David, and Jonathan
FAX: (619)
260-4728
E-mail larrya@sandiego.edu
Major: Philosophy
Honors: Magna Cum Laude, Phi Beta Kappa, Highest Honors in Philosophy,
Canby Athletic Award, Lehman Scholar
Honors: Order of the Coif
(Duke University Press, 2001).
(Cambridge University Press, 2009).
General Editor,
Michael Bayles), 5 Social Theory & Practice 267 (1980).
Dayton
Legal Theory 503 (1996).
S. Levinson, eds., Constitutional Stupidities, Constitutional
Tragedies (1998).
L. Levy, K. Karst, & A. Winkler, eds. (2000).
T. Campbell, eds. (2002).
(with Saikrishna Prakash), 41 San Diego Law Review 967 (2004).
(Cambridge Univ. Press, 2007).
and Rodriguez,"
44 San Diego L. Rev. 993 (2007).
in G. Huscroft, ed., Interpreting the Constitution (Cambridge Univ. Press, 2008).
(Cambridge Univ. Press, 2009).
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).
(S. Kautz, A. Melzer, J. Weinberg & M. R. Zinman, eds., Univ. Pennsylvania Press, 2009).
Oxford
Univ. Press, 2012).
forthcoming 2012).
reprinted in C. Beitz, ed., International
Ethics (Princeton: Princeton Univ. Press, 1985).
reprinted in M. Gorr & S. Harwood, eds., Controversies
in Criminal Law
(Westview Press, San Francisco: 1992).
"Culpable Acts of Risk Creation" (with Ferzan), 5 Ohio State Journal of Criminal Law 375 (2008).
"Against Negligence Liability" (with Ferzan), in P. Robinson, K. Ferzan, and S. Garvey,
"Results Don’t Matter" (with Ferzan), in P. Robinson, K. Ferzan, and S. Garvey,
"Facts, Law, Exculpation, and Inculpation: Comments on Simons," 3 Criminal Law and Philosophy 241 (2009).
“Criminal and Moral Responsibility and the Libet Experiments” (forthcoming in
Conscious Will and Responsibility, W. Sinnott-Armstrong, ed., 2011).
“Response to Critics” (with Ferzan), in 29 Law & Phil. 483 (2010).
1976 Convention of the
League of California Cities), 14
Law Review 357
(1977).
Law Review 307 (1980).
Proposed
Theory" (co-authored with Maimon
Schwarzschild), 22 San Diego
Law Review 555 (1985).
"Compelled Speech, " 23 Constitutional Commentary 147 (2006).
"Freedom of Expression," in Encyclopedia of Applied Ethics, 2d ed., Vol. 2 (R. Chadwick, ed., 2012).
50 Vanderbilt Law Review 327 (1997).
with Maimon Schwarzschild), www.law.duke.edu/journals/dlj/alex209.html
(with Maimon Schwarzschild)
(forthcoming in Constitutional Commentary, 2004).
(with Prakash), 50 William & Mary L. Rev. 1 (2008).
Paul
Horton), 52 Southern California Law Review 1305 (1979).
34
Zinermon
v. Burch," 87 Northwestern University Law Review 576 (1993).
(with Evan Lee), 27
of Free Exercise Exemptions," 47 Drake Law Review 35 (1998).
Commentary 369 (2003).
with Maimon
Schwarzschild), 16 Philosophy & Public Affairs 85 (1986).
84 Journal of Philosophy 277 (1987).
97
"Scalar Properties, Binary Judgments," 25 Journal of Applied Philosophy 85 (2008).
"What is Freedom of Association, and What Is Its Denial?" 25 Soc.Phil. & Pol'y 1 (2008), reprinted in Freedom of Association (E. Paul, F. Miller & J. Paul, eds., 2008).
"Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation," 16 Legal Theory 77 (2010).
“Deontological Constraints in a Consequentialist World: A Comment on Law, Economics, and Morality,” 3 Jerusalem Review of Legal Studies 75 (2011).
"Voluntary Enslavement," in C. Coons and M. Weber, eds., Paternalism: Theory and Practice (forthcoming 2012).
“Confused Culpability, Contrived Causation, and the Collapse of Tort Theory” (with Ferzan) (forthcoming in J. Oberdiek, ed., Philosophical Foundations of the Law of Torts, 2013).
“The Ontology of Consent” (under submission).
“Other People’s Messes” (under submission).
6. UNTITLED BOOK REVIEWS