SANFORD VICTOR LEVINSON
Born: June 17, 1941, Hendersonville, North Carolina
Personal data: Married to Cynthia Yenkin Levinson; two daughters, Meira and Rachel two granddaughters, Rebecca and Gabriella
Home address 3410 Windsor Road Austin, Texas 78703 512/477-6445 512/477/6458 (fax)
60 Glen Rd., #102 Brookline, Massachusetts 02445 617-734-6458
Office Address: University of Texas Law School 727 E. Dean Keeton Street Austin, Texas 78705 512/232-1351 (direct dial) fax: 512-471-6988 e-mail: [email protected]
Education: Duke University, B.A., 1962 Harvard University, Ph.D., 1969 Stanford Law School, J.D., 1973
Honors and Fellowships: Phi Beta Kappa Woodrow Wilson Fellowship, 1962 Kent Fellowship, 1966 Russell Sage Fellowship, 1970 American Law Institute (elected to membership, 1986) American Academy of Arts and Sciences (elected to membership, 2001) National Constitution Center, Distinguished Scholars Advisory Panel, 2001-2003 Resident, The Bellagio Study and Conference Center of the Rockefeller Foundation, October 18-November 15, 2005
Admitted to Bar: California, 1973 United States Supreme Court, 1981
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EMPLOYMENT AND PROFESSIONAL AFFILIATIONS
Professor, University of Texas Law School, January 1980 Charles Tilford McCormick Professor of Law, 1986-90; Angus G. Wynne Sr. Professor of Civil Jurisprudence, 1990-91; W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, 1991-
Professor, University of Texas, Department of Government, 1985-
Associate, Shalom Hartman Center for Jewish Philosophy, Jerusalem, Israel, 1983-
Visiting Professor, Harvard Law School, Fall, 1991, Spring 2004, Spring 2005, Fall 2006, Fall 2007, Fall 2008, Fall 2009
Visiting Professor, Harvard Department of Government, Fall 2009, Fall 2010
Visiting Professor of Law, University of Melbourne Law School (Australia), August 2008
Visiting Professor of Law, University of Auckland Law School (New Zealand), July 2007
Visiting Lecturer, Yale Law School, Spring 2003, Spring 2004, Spring 2005
Visiting Professor, Yale Law School, Fall 2006
Visiting Professor, Faculty of Law, Central European University, Summer 1997, Spring 2001, Spring 2005
Visiting Professor, School of Law, University of Paris 1, May 2004
Visiting Professor, School of Law, University of Paris 2, January 2003
Visiting Professor of Law, New York University School of Law, 1999-2000
Visiting Professor, Boston University School of Law, Spring 1997
Faculty, Cardozo Law School Summer Program-Central European University, Summer 1999
Fellow, Institute of United States Studies, University of London, May-June 1994
Fellow, Program in Ethics and the Professions, Harvard University, 1991-92
Faculty, seminar on "Raising Rights Consciousness," sponsored by Democracy After Communism, Hungary, June 1991, 1992
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Professor, University of San Francisco Summer School at Trinity College, Dublin (Ireland), June 1987
Member, Institute for Advanced Study, Princeton, New Jersey, 1986-1987
Visiting Professor, Faculty of Law, Hebrew University in Jerusalem, October-December 1984
Assistant professor, Department of Politics, Princeton University, 1975-79
Visiting assistant professor, University of Texas Law School, Summer 1978
Staff attorney, Children's Defense Fund, Cambridge, Massachusetts, 1974-75
Law clerk to Honorable James B. McMillan, United States District Judge for the Western District of North Carolina, Charlotte, North Carolina, 1973-74
Research assistant to Professor Anthony G. Amsterdam, Stanford Law School, Summer 1972
Instructor and assistant professor, Department of Political Science, Ohio State University, 1968-70
Teaching Fellow, Harvard University, Department of Government, 1963-68, Committee on Social Studies, 1967-68
Summer associate, Tuskegee Institute, Tuskegee, Alabama, 1964
Summer intern, Subcommittee on Constitutional Rights, Committee on the Judiciary, United States Senate, 1963
Summer intern, National Aeronautics and Space Administration, 1962
WRITINGS AND PUBLICATIONS
Ph. D. Dissertation
"Skepticism, Democracy, and Judicial Restraint: An Essay on the Thought of Oliver Wendell Holmes and Felix Frankfurter," Department of Government, Harvard University, 1969
Books
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POWER AND COMMUNITY: DISSENTING ESSAYS IN POLITICAL SCIENCE (co-editor, with Phillip Green, Pantheon Books, 1970)
PROCESSES OF CONSTITUTIONAL DECISIONMAKING (co-editor, with Paul Brest, of 2d edition, Little, Brown & Co., 1983; 3d ed., 1992; with Jack Balkin and Akhil Amar, 4th ed., Aspen Law & Business, 2000; with Jack Balkin, Akhil Amar, and Reva Siegel, 5th ed. Aspen Law & Business, 2006)
CONSTITUTIONAL FAITH (Princeton University Press, 1988) (Winner of Scribes Book Award, 1989)
LAW AND LITERARY INTERPRETATION (co-editor, with Steven Mailloux, Northwestern University Press, 1988)
THE AMERICAN SUPREME COURT (expanded edition of the original book written by Robert G. McCloskey published in 1960)(University of Chicago Press, 1994, rev’d eds. 2000, 2004, 2010)
RESPONDING TO IMPERFECTION: CONSTITUTIONAL AMENDMENT IN THEORY AND PRACTICE (editor)(Princeton University Press, 1995)
CONSTITUTIONAL STUPIDITIES, CONSTITUTIONAL TRAGEDIES (co-editor, with William Eskridge)(New York University Press, 1998)
WRITTEN IN STONE: PUBLIC MONUMENTS IN CHANGING SOCIETIES (Duke University Press, 1998)
LEGAL CANONS (co-editor, with Jack Balkin)(New York University Press, 2000)
WRESTLING WITH DIVERSITY (Duke University Press, 2003)
TORTURE: A COLLECTION (editor)(Oxford University Press, 2004, rev’d and expanded edition, 2006)
THE LOUISIANA PURCHASE AND AMERICAN EXPANSION, 1803-1898, (co-editor, with Bartholomew Sparrow)(Rowman and Littlefield, 2005)
OUR UNDEMOCRATIC CONSTITUTION: WHERE THE CONSTITUTION GOES WRONG (AND HOW WE THE PEOPLE CAN CORRECT IT) (Oxford University Press, 2006, pb. ed. with new afterword 2008)
Articles and Review Essays
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"The Supreme Court: Does It Have an Innovative Role?" 3 THE HARVARD REVIEW 1-23 (Fall-Winter 1965)
"On 'Teaching' Political 'Science,'” in Green and Levinson, POWER AND COMMUNITY 59-84 (1970)
"The Democratic Faith of Felix Frankfurter," 25 STANFORD LAW REVIEW 430-448 (1973)
"Responsibility for Crimes of War," 2 PHILOSOPHY AND PUBLIC AFFAIRS 244-273 (1973), reprinted in Scanlon, Nagel, and Cohen, eds., WAR AND MORAL RESPONSIBILITY 104-133 (1974)
"New Perspectives on the Reconstruction Court," 26 STANFORD LAW REVIEW 461-484 (1974)
"The Rediscovery of Law," 57 SOUNDINGS 318-337 (1974)
"Fidelity to Law and the Assessment of Political Activity (Or, Can a War Criminal Be a Great Man?)," 27 STANFORD LAW REVIEW 1185-1202 (1975)
"The Specious Morality of the Law," HARPERS, May 1977, pp. 35ff, reprinted in Eastman et al., eds., THE NORTON READER: AN ANTHOLOGY OF EXPOSITORY PROSE 902- 913 (5th ed. 1980).
"Taking Law Seriously: Reflections on 'Thinking Like a Lawyer,'" 30 STANFORD LAW REVIEW 1071-1109 (1978)
"An Exemplary Death," COLUMBIA JOURNALISM REVIEW, May-June 1979, pp. 31-33
"Self-Evident Truths in the Declaration of Independence," 57 TEXAS LAW REVIEW 847-858 (1979)
"The 'Constitution' in American Civil Religion," 1979 SUPREME COURT REVIEW 123-151
"AALS Law and Religion Panel: 'Law as Our Civil Religion,'" 31 MERCER LAW REVIEW 477-483 (1980)
"Judicial Review and the Problem of the Comprehensible Constitution," 59 TEXAS LAW REVIEW 395-420 (1981)
"Die Zulassung aum offentlichen Dienst und die Schranken der politischen Betatigung der Beamten in der USA" (with D. C. Umbach), in Bockenforde, Tomuschat and Umbach, eds., EXTREMISTEN UND OFFENTLICHER DIENST: RECHSTLAGE UND PRAXIS DES Sanford Levinson, Page 6
ZUGANGS ZUM UND DER ENTLASSUNG AUS DEM OFFENTLISHEN DIENST IN WESTEUROPA, USA, JUSOGLAWIEN UND DER EG 559-599 (Baden-Baden: Nomos Verlagsgesellschaft, 1981).
"Under Cover: The Hidden Costs of Infiltration," 12 HASTINGS CENTER REPORT, August 1982, pp. 29-37, reprinted in Gerald Caplan, ed., ABSCAM ETHICS: MORAL ISSUES AND DECEPTION IN LAW ENFORCEMENT (1983)
"Law as Literature," 60 TEXAS LAW REVIEW 373-403 (1982), reprinted in Levinson and Mailloux, INTERPRETING LAW AND LITERATURE (1988); Frederick Schauer, ed., LAW AND LANGUAGE (1993); with minor deletions in Thomas L. Haskell, ed., THE AUTHORITY OF EXPERTS 242-270 (1984); and in part in John H. Garvey and T. Alexander Aleinikoff, eds., MODERN CONSTITUTIONAL THEORY: A READER 54-60 (1989)
"The Turn Toward Functionalism in Constitutional Theory," 8 DAYTON LAW REVIEW 567-578 (1983)
"Escaping Liberalism: Easier Said Than Done," 96 HARVARD LAW REVIEW 1466-1488 (1983), reprinted in CRITICAL LEGAL STUDIES 480-502 (1986)(collection of essays published in the Harvard Law Review)
"Law," 35 AMERICAN QUARTERLY 191-204 (1983) (Symposium on American Thought in the 1980's)
"Princeton Versus Free Speech: A Post Mortem," in Craig Kaplan & Ellen Schrecker, eds., REGULATING THE INTELLECTUALS: PERSPECTIVES ON ACADEMIC FREEDOM IN THE 1980s 189-208 (New York: Praeger, 1983)
"On Dworkin, Kennedy, and Ely: Decoding the Legal Past," 51 PARTISAN REVIEW 248- 264 (1984)
"The Preferences of Friendship," 2 DUKE LAW MAGAZINE, Summer, 1984, pp. 21-24.
"Testimonial Privileges and the Preferences of Friendship," 1984 DUKE LAW JOURNAL 631-662 (1984), excerpted in Edward J. Imwinnelried & Glen Wissenberger, eds., AN EVIDENCE ANTHOLOGY 166-173 (1996)
"Freedom of Speech and the Right of Access to Private Property Under State Constitutional Law," in Bradley McGraw, ed., DEVELOPMENTS IN STATE CONSTITUTIONAL LAW: THE WILLIAMSBURG CONFERENCE 51-70 (1985)
"What Do Lawyers Know (And What Do They Do With Their Knowledge)? Comments on Schauer and Moore," 58 SOUTHERN CALIFORNIA LAW REVIEW 441-458 (1985)
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"On Interpretation: The Adultery Clause of the Ten Commandments," 58 SOUTHERN CALIFORNIA LAW REVIEW 719-725 (1985), reprinted in Aulis Aarnio and Neil MacCormick, eds., LEGAL REASONING, VOLUME II 323-329 (1992)
"Regulating Campaign Activity: The New Road to Contradiction?" 83 MICHIGAN LAW REVIEW 939-953 (1985)
"Gerrymandering and the Brooding Omnipresence of Proportional Representation: Why Won't It Go Away? 33 U.C.L.A. LAW REVIEW 257-281 (1985)
"Words and Wordiness: Reflections on Richard Weisberg's The Failure of the Word," 7 CARDOZO LAW REVIEW 453-471 (1986)(with Susan Sage Heinzelman)
"Professing Law: Commitment of Faith or Detached Analysis?" 31 SAINT LOUS UNIVERSITY LAW REVIEW 3-26 (1986)
"Could Meese Be Right This Time?" 243 THE NATION 689, 704-707 (December 20, 1986), reprinted in 61 TULANE LAW REVIEW 1071-1078 (1987)
"Constituting Communities Through Words That Bind: Reflections on Loyalty Oaths," 84 MICHIGAN LAW REVIEW 1440-1470 (1986)
"Frivolous Cases: Do Lawyers Really Know Anything at All?" 24 OSGOODE HALL LAW JOURNAL 353-378 (1986)
"Reflections on the Posnerian Constitution," 56 GEORGE WASHINGTON LAW REVIEW 39-49 (1987)
"Ratifying the Civil Religion (Or, Would You Sign the Constitution?)," 29 WILLIAM AND MARY LAW REVIEW 113-144 (1987)
"Writing and Its Discontents," TIKKUN, March/April 1988, pp. 36-40, 88
"Can One Account for Tastes in Constitutional Interpretation?" in Sarah Baumbartner Thurow, ed., 3 CONSTITUTIONALISM IN PERSPECTIVE: THE UNITED STATES CONSTITUTION IN TWENTIETH CENTURY POLITICS (University Press of America, 1988), pp. 23-39, substantially reprinted as "Clashes of Taste in Constitutional Interpretation," DISSENT, Summer 1988, pp. 301-312
"Public Lives and the Limits of Privacy," 21 PS: POLITICAL SCIENCE AND POLITICS 263-268 (1988)
"Faith in the Republic: A Frances Lewis Law Center Conversation," 45 WASHINGTON AND LEE LAW REVIEW 467-534 (1988)(transcript of conversational symposium with Stanley Hauerwas, Mark Tushnet, and others)
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"Academic Freedom and Expert Witnessing: The Role of Historians in the Sears Case," 66 TEXAS LAW REVIEW 1629-1659 (1988)(with Thomas Haskell)
"On Academic Freedom and Hypothetical Pools: A Reply to Alice Kessler-Harris," 67 TEXAS LAW REVIEW 1591-1604 (1989)(with Thomas Haskell)
"Constitutional Rhetoric and the Ninth Amendment," 64 CHICAGO-KENT LAW REVIEW 131-161 (1988), and "Comment on Macedo" (who responded to the article), pp. 175-176; both reprinted in Randy E. Barnett, ed., THE RIGHTS RETAINED BY THE PEOPLE: THE HISTORY AND MEANING OF THE NINTH AMENDMENT, VOLUME 2 (1993), pp. 115-147, 161-162 (1993)
"Some Reflections on the Rehabilitation of the Privileges or Immunities Clause of the Fourteenth Amendment," 12 HARVARD JOURNAL OF LAW & PUBLIC POLICY 71-82 (1988)
"On Critical Legal Studies," DISSENT, Summer 1989, pp. 360-365
"Who Is a Jew(ish Justice)?" 10 CARDOZO LAW REVIEW 2359-2370 (1989)
"The Embarrassing Second Amendment," 99 YALE LAW JOURNAL 637-659 (1989), reprinted in: Lee Nisbet, ed., THE GUN CONTROL DEBATE 311-332 (1990); Robert Cottrol, ed., GUN CONTROL AND THE CONSTITUTION, ADVOCATES AND SCHOLARS: THE MODERN DEBATE ON GUN CONTROL 259-281 (1992); Robert Cottrol, ed., GUN CONTROL AND THE CONSTITUTION: SOURCES AND EXPLORATIONS ON THE SECOND AMENDMENT 137-159 (1994); Larry Pratt, ed., SAFEGUARDING LIBERTY: THE CONSTITUTION & CITIZEN MILITIAS 29-54 (1995); Les Adams, ed., THE SECOND AMENDMENT PRIMER 187-219; reprinted in considerably edited form in GUN CONTROL 75-82 (1992)
"Suffrage and Community: Who Should Vote?" 41 UNIVERSITY OF FLORIDA LAW REVIEW 545-562 (1989)
"Book Review," 75 VIRGINIA LAW REVIEW 1429-1460 (1989)(review essay of G. Edward White, 3-4 OLIVER WENDELL HOLMES DEVISE HISTORY OF THE SUPREME COURT OF THE UNITED STATES: THE MARSHALL COURT AND CULTURAL CHANGE, 1815-1835)
"Taking Oaths Seriously: A Comment on Carter and Sunstein," 2 YALE JOURNAL OF LAW & THE HUMANITIES 113-117 (1990)
"Freedom of Expression in Contemporary American Constitutional Law," in Philip Cook, ed., LIBERTY OF EXPRESSION 45-63 (1990)
"Electoral Regulation: Some Comments," 18 HOFSTRA LAW REVIEW 411-420 (1990)
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"The Confrontation of Religious Faith and Civil Religion: Catholics Becoming Justices," 39 DEPAUL LAW REVIEW 1047-1081 (1990), reprinted in Sanford Levinson, WRESTLING WITH DIVERSITY192-232 (2003)
"'Privacy' v. The Public's 'Right to Know,'" THE WORLD & I, September 1990, pp. 557-569 (Part of a symposium on "Privacy and the Public Interest" that received a 1991 Silver Gavel Award from the American Bar Association)
"'Veneration' and Constitutional Change: James Madison Confronts the Possibility of Constitutional Amendment," 21 TEXAS TECH LAW REVIEW 2443-2460 (1990)
"On the Notion of Amendment: Reflections on David Daube's 'Jehovah the Good,'" 1 S'VARA: A JOURNAL OF PHILOSOPHY AND JUDAISM 25-31 (1990)
"Conversing About Justice," 100 YALE LAW JOURNAL 1855-1878 (1991)
"Strolling Down the Path of the Law (And Toward Critical Legal Studies?): The Jurisprudence of Richard Posner," 91 COLUMBIA LAW REVIEW 1221-1252 (1991)
"Law, Music, and Other Performing Arts," 139 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1597-1658 (1991)(with Jack Balkin), reprinted in Dennis Patterson, ed., POSTMODERNISM AND LAW (1994)
"A Multiple Choice Test: How Many Times Has the U.S. Constitution Been Amended? (A) 14; (B) 26; (C) 420 + 100; (D) All of the Above," in Michael Brint & William Weaver, eds., PRAGMATISM IN LAW & SOCIETY 295-310 (1991), expanded and published as "Accounting for Constitutional Change (or, How Many Times Has the United States Constitution Been Amended? (a) <26; (b) 26; (c) >26; (d) all of the above)," 8 CONSTITUTIONAL COMMENTARY 395-431 (1991); reprinted in revised form as "How Many Times Has the United States Constitution Been Amended? (A) <26; (B) 26; (C) 27; (D) >27: Accounting for Constitutional Change," in Sanford Levinson, ed. RESPONDING TO IMPERFECTION: THE THEORY AND PRACTICE OF CONSTITUTIONAL AMENDMENT 13-36 (1995)
"'The Ambiguity of Political Virtue': A Response to Wolgast," 17 SOCIAL THEORY AND PRACTICE 295-305 (1991)
"Enlivening the Text: Interpreting (or Inventing) the Constitution," in A. E. Dick Howard, ed., THE UNITED SATES CONSTITUTION: ROOTS, RIGHTS, RESPONSIBILITIES 291-305 (1992)(Proceedings of 1987 Smithsonian Institution symposium on the bicentennial of the constitution)
"The Audience for Constitutional Meta-Theory (Or, Why, and To Whom, Do I Write the Things I Do?)," 63 COLORADO LAW REVIEW 389-407 (1992) Sanford Levinson, Page 10
"Religious Language and the Public Square," 105 HARVARD LAW REVIEW 2061-2079 (1992)
"Privacy," in Kermit Hall, ed., OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES 671-678 (1992)
"Strategy, Jurisprudence, and Certiorari," 79 VIRGINIA LAW REVIEW 719-741 (1993)
"Identifying the Jewish Lawyer: Reflections on Professional Identity," 14 CARDOZO LAW REVIEW 1577-1612 (1993), reprinted in WRESTLING WITH DIVERSITY 124-162 (2003)
"On Positivism and Potted Plants: 'Inferior' Judges and the Task of Constitutional Interpretation, 25 CONNECTICUT LAW REVIEW 843-852 (1993)
"Judge Edwards' Indictment of 'Impractical' Scholars: The Need for a Bill of Particulars," 91 MICHIGAN LAW REVIEW 2110-2124 (1993)
"Parliamentarianism, Progressivism, and 1937: Some Reservations about Professor West's 'Aspirational Constitution,'" 88 NORTHWESTERN LAW REVIEW 283-295 (1993)
"Slavery in the Canon of Constitutional Law," 68 CHICAGO-KENT LAW REVIEW 1087- 1111 (1993)
"Some Reflections on Multiculturalism, 'Equal Concern and Respect,' and the Establishment Clause of the First Amendment," 27 UNIVERSITY OF RICHMOND LAW REVIEW 989- 1021 (1993), reprinted in revised version as “Promoting Diversity in the Public Schools (Or, to What Extent Does the Establishment Clause of the First Amendment Hinder the Establishment of More Genuinely Multicultural Schools?), in Sotirios A. Barber and Robert George, eds., CONSTITUTIONAL POLITICS: ESSAYS ON CONSTITUTIONAL MAKING, MAINTENANCE AND CHANGE 193-222 (Princeton University Press, 2001); Sanford Levinson, WRESTLING WITH DIVERSITY 62-93 (Duke University Press, 2003)
"Authorizing Constitutional Text: On the Purported Twenty-seventh Amendment," 11 CONSTITUTIONAL COMMENTARY 101-113 (1994)
"Identifying the Compelling State Interest: On "Due Process of Lawmaking" and the Professional Responsibility of the Public Lawyer," 45 HASTINGS LAW JOURNAL 1035- 1060 (1994)
"The Multicultures of Belief and Disbelief," 92 MICHIGAN LAW REVIEW 1873-1892 (1994)(review-essay on Stephen L. Carter, THE CULTURE OF DISBELIEF and Stephen Bates, BATTLEGROUND: ONE MOTHER'S CRUSADE, THE RELIGIOUS RIGHT, AND THE STRUGGLE FOR CONTROL OF OUR CLASSROOMS)
"Constitutional Grammar," 72 TEXAS LAW REVIEW 1771-1803 (1994)(with J. M. Balkin) Sanford Levinson, Page 11
"National Loyalty, Communalism, and the Professional Identity of Lawyers," 7 YALE JOURNAL OF LAW & THE HUMANITIES 45-68 (1995), reprinted in revised form as "Lawyers as Citizens: An Inquiry into National Loyalty and the Professional Identity of Lawyers," DIVERSITY AND CITIZENSHIP: REDISCOVERING AMERICAN NATIONHOOD 17-43 (Gary J. Jacobsohn & Susan Dunn, eds., 1996); Sanford Levinson, WRESTLING WITH DIVERSITY, 163-191 (2003)
"Is Liberal Nationalism an Oxymoron? An Essay for Judith Shklar," 105 ETHICS 626-645 (1995), reprinted in WRESTLING WITH DIVERSITY 256-277 (2003)
"Constitutional Protestantism in Theory and Practice: Two Questions for Michael Stokes Paulsen and One for his Critics," 83 GEORGETOWN LAW JOURNAL 373-384 (1995)
"Introduction: Imperfection and Amendability," in Sanford Levinson, ed., RESPONDING TO IMPERFECTION 3-11 (1995)
"They Whisper: Reflections on Flags, Monuments, and State Holidays," 70 CHICAGO- KENT LAW REVIEW 1079-1119 (1995)
"Taking Text and Structure Really Seriously: Constitutional Interpretation and the Crisis of Presidential Eligibility," 74 TEXAS LAW REVIEW 237-257 (1995)(with Jordan Steiker and J.M. Balkin)
"A New Constitutional Convention: Does the Left Fear Popular Sovereignty?" DISSENT, Winter 1996, pp. 51-56
"The Political Implications of Amending Clauses," 12 CONSTITUTIONAL COMMENTARY 107-123 (1996), reprinted in somewhat different form in John Ferejohn, Jack Rakove, and Jonathan Riley, eds., CONSTITUTIONAL CULTURE DEMOCRATIC RULE 271-287 (Cambridge University Press, 2001)
"The Rhetoric of the Judicial Opinion," in Paul Gewirtz and Peter Brook, eds., LAW'S STORIES (Yale University Press, 1996), pp. 187-205
"Introduction [to "Favorite Case Symposium"]: Why Select a Favorite Case?" 74 TEXAS LAW REVIEW 1195-1200 (1996)
"Experience and Legal Education," 26 CUMBERLAND LAW REVIEW 751-761 (1996)
"The Limited Relevance of Originalism in the Actual Performance of Legal Roles," 19 HARVARD JOURNAL OF LAW & PUBLIC POLICY 495-508 (1996), reprinted in revised form as "The Operational Irrelevance of Originalism," in Kenneth L. Grasso and Ceclia Rodriguez Castillo, eds., LIBERTY UNDER LAW: AMERICAN CONSTITUTIONALISM, YESTERDAY, TODAY AND TOMORROW 105-117 (1997)
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"Welfare State," in A COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY 553-561 (Dennis Patterson, ed. 1996)
"Integrating Theory and Practice into the Professional Responsibility Curriculum at the University of Texas," LAW AND CONTEMPORARY PROBLEMS 173-192 (1996)(with John Dzienkowski, Charles Silver, and Amon Burton)
"Allocating Honor and Acting Honorably: Some Reflections Provoked by the Cardozo Conference on Slavery," 17 CARDOZO LAW REVIEW 1969-1981 (1996)
"Constitutional Imperfection, Judicial Misinterpretation, and the Politics of Constitutional Amendment: Thoughts Generated by Some Current Proposals to Amend the Constitution," 1996 BRIGHAM YOUNG LAW REVIEW 611-626 (1996)
"Silencing the Past: Public Monuments and the Tutelary State," 16 REPORT FROM THE INSTITUTE FOR PHILOSOPHY & PUBLIC POLICY 6-11 (Summer/Fall 1996)
“How to Win Cites and Influence People," 71 CHICAGO-KENT LAW REVIEW 843-869 (1996)(with Jack Balkin)
“Hopwood: Some Reflections on Constitutional Interpretation by an Inferior Court,” 2 TEXAS FORUM ON CIVIL LIBERTIES & CIVIL RIGHTS 113-122 (1996)
"On Political Boundary Lines, Multiculturalism, and the Liberal State," 72 INDIANA LAW JOURNAL 403-415 (1997)
"Abstinence and Exclusion: What Does Liberalism Demand of the Religiously Oriented (Would Be) Judge?" in Paul J. Weithman, ed., RELIGION AND CONTEMPORARY LIBERALISM 76-92 (1997), reprinted in WRESTLING WITH DIVERSITY, 233-255 (2003)
"Translation: Who Needs It?" 65 FORDHAM LAW REVIEW 1457-1468 (1997)
"Fan Letters," 73 TEXAS LAW REVIEW 1471-1486 (1997)
“The Canons of Constitutional Law,” 111 HARVARD LAW REVIEW 963-1024 (1998) (with J.M. Balkin), reprinted as “Canones en el derecho constitucional,” in ACADEMIA: REVISTA SOBRE ENSENANZA DEL DERCHO DE BUNEOS AIRES 9-83 (2005)
“Is the Second Amendment Becoming Recognized as Part of the Constitution? Voices from the Supreme Court,” 1998 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 127-136
“The ‘Bad Man,’ the Good, and the Self-Reliant,” 78 BOSTON UNIVERSITY LAW REVIEW 885-902 (1998)(with J.M. Balkin)
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"The Tutelary State, 'Censorship,' 'Silencing,' and the 'Practices of Cultural Regulation,'" in Robert Post, ed., CENSORSHIP, SILENCING, AND THE PRACTICES OF CULTURAL REGULATION 195-219 (1998)
“The Second Amendment as Teaching Tool in Constitutional Law Classes,” 48 JOURNAL OF LEGAL EDUCATION 591-614 (1998)(with Eugene Volokh, Robert Cottrol, L.A. Powe, Jr., and Glenn Harlan Reynolds)
“Law as Performance,” in Michael Freeman and Andrew D. E. Lewis, LAW AND LITERATURE 729-751 (1999)(with J.M. Balkin)
“Getting Serious About ‘Taking Legal Reasoning Seriously,” 74 CHICAGO KENT LAW REVIEW 543-558 (1999)(with J. M. Balkin)
“Interpreting Law and Music: Performance Notes on ‘The Banjo Serenader’ and ‘The Lying Crowd of Jews,’” 20 CARDOZO LAW REVIEW 1513-1572 (1999)(with J.M. Balkin)
“Transitions,” 108 YALE LAW JOURNAL 2215-2236 (1999)
“Commentary. A Multicultural Jewish State?” in Michael Walzer, Menachem Lorberbaum, and Noam J. Zohar, eds., 1 THE JEWISH POLITICAL TRADITION: AUTHORITY 514- 518 (2000)
“Emerson and Holmes: Serene Skeptics,” in Steven J. Burton, ed., THE PATH OF THE LAW AND ITS INFLUENCE: The Legacy of Oliver Wendell Holmes, Jr. 231-244 (2000)
“Diversity,” 2 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 573-608 (2000), reprinted in WRESTLING WITH DIVERSITY 11-61 (2003)
“Trials, Commissions, and Investigating Committees: The Elusive Search for Norms of Due Process,” in Robert I. Rotberg and Dennis Thompson, eds., TRUTH V. JUSTICE 211-234 (2000)
“Why the Canon Should be Expanded to Include the Insular Cases and the Saga of American Expansionism,” 17 CONSTITUTIONAL COMMENTARY 241-266 (2000), an expanded version of “Installing the Insular Cases into the Canon of Constitutional Law,” in Christina Duffy Burnett and Burke Marshall, eds., “FOREIGN IN A DOMESTIC SENSE”: AMERICAN TERRITORIAL EXPANSION AND THE U.S. CONSTITUTION 121-139 (Duke University Press, 2001)
“Why It’s Smart to Think About Constitutional Stupidities,” 17 GEORGIA STATE UNIVERSITY LAW REVIEW 359-378 (2000)
“Compelling Collaboration With Evil? A Comment on Crosby v. National Foreign Trade Council,” 69 FORDHAM LAW REVIEW 2189-2200 (2001)
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“Structuring Intimacy: Some Reflections on the Fact that the Law Generally Does Not Protect Us Against Unwanted Gazes,” 89 GEORGETOWN LAW JOURNAL 2073-2085 (2001)
“Abraham Lincoln, Benjamin Curtis & the Importance of Constitutional Fidelity?” 4 GREEN BAG 391-401 (2001)
“Can Interpretive Freedom Be Unlimited?” in Jonathan W. Malino, ed., JUDAISM AND MODERNITY: THE RELIGIOUS PHILOSOPHY OF DAVID HARTMAN 274-285 (Ashgate Press, 2004)(expanded edition of earlier book published privately in 2001)
“Understanding the Constitutional Revolution,” 87 VIRGINIA LAW REVIEW 1045-1109 (2001)(with J.M. Balkin), reprinted in part in Michael Gerhardt et al., eds., CONSTITUTIONAL THEORY: ARGUMENTS AND PERSPECTIVES 52-60 (3d. ed. 2007)
“Legal Historicism and Legal Academics: The Roles of Law Professors in the Wake of Bush v. Gore,” 90 GEORGETOWN LAW JOURNAL 173-197 (2001)(with J.M. Balkin)
“‘Democracy in a New America’: Some Reflections on a Title,” 79 UNIVERSITY OF NORTH CAROLINA LAW REVIEW 1559 (2001)
“Was the Emancipation Proclamation Constitutional? Do We/Should We Care What the Answer Is?” 2001 UNIVERSITY OF ILLINOIS LAW REVIEW 1135-1158 (2001)
“Who’s Afraid of the Twelfth Amendment?” 29 FLORIDA STATE UNIVERSITY LAW REVIEW 925-973 (2001)(with Ernest Young)
“One Person, One Vote: A Mantra in Need of Meaning” 80 UNIVERSITY OF NORTH CAROLINA LAW REVIEW 1269-1297 (2002)
“The Lawyer as Moral Counselor: How Much Should the Client Be Expected to Pay?” 77 NOTRE DAME LAW REVIEW 831 (2002)
“Statement [to Senate Judiciary Committee], September 4, 2001, THE JUDICIAL NOMINATION AND CONFIRMATION PROCESS: HEARINGS BEFORE THE SUBCOMITTEE ON ADMINISTRATIVE OVERSIGHT AND THE COURTS OF THE COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE, ONE HUNDRED SEVENTH CONGRESS, FIRST SESSION, JUNE 26 AND SEPTEMBER 4, 2001, Serial No. J-107-23, pp. 163-168, reprinted in 50 DRAKE LAW REVIEW 515-521 (2002); reprinted with modifications as "How to Judge Future Judges," DISSENT, Fall, 2002, pp. 63- 68
“Bush v. Gore and the French Revolution: A Tentative List of Some Early Lessons,” 65 LAW AND CONTEMPORARY PROBLEMS 7-39 (2002)
Sanford Levinson, Page 15
“The Louisiana Purchase as Seminal Constitutional Event,” in Peter Kastor, ed., THE LOUISIANA PURCHASE: EMERGENCE OF AN AMERICAN NATION 105-116 (2002)
“‘Getting Religion’”: Religion, Diversity, and Community in Public and Private Schools,” in Alan Wolfe, ed., SCHOOL CHOICE: THE MORAL DEBATE 104-125 (2002)(with Meira Levinson), reprinted in WRESTLING WITH DIVERSITY 94-123 (2003)
“The Warren Court Has Left the Building: Some comments on Contemporary Discussions of Equality,” 2002 UNIVERSITY OF CHICAGO LEGAL FORUM 119-135 (2002)
“The Historians’ Counterattack: Some Reflections on the Historiography of the Second Amendment,” in Bernard E. Harcourt, ed., GUNS, CRIME, AND PUNISHMENT IN AMERICA 91-116 (2003)
“Why I Don’t Teach Marbury (Except to Eastern Europeans) and Why You Shouldn’t Either,” 38 WAKE FOREST LAW REVIEW 553-578 (2003), reprinted as “Por que no enseno ‘Marbury’ (excepto a europeos del Este) y por que ustedes tampoco deterian,” 7 ACADEMIA: REVISTA SOBRE ENSENANZA DEL DERECHO 137-167 (2009)
"So. Now vee may perhaps begin Yes?", 151 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1271-1285 (2003)
“Afterword,” 38 TULSA LAW REVIEW 779-794 (2003)
“‘Precommitment’ and ‘Post-commitment’: The Ban on Torture in the Wake of September 11,” 81 TEXAS LAW REVIEW 2013-2053 (2003)
The Conduct of War Against Virtual States: The Debate on Torture in the Wake of September 11,” DISSENT, Summer, 2003, pp. 79-90, 93-94
“What are the Facts of Marbury”, 20 CONSTITUTIONAL COMMENTARY 255-281 (2004)(with Jack Balkin)
“Superb History, Dubious Constitutional and Political Theory: Comments on Uviller and Merkel, The Militia and the Right to Arms,” 12 WILLIAM AND MARY BILL OF RIGHTS JOURNAL 315-333 (2004)
“Looking Abroad When Interpreting the U.S. Constitution: Some Reflections,” 39 TEXAS INTERNATIONAL LAW JOURNAL 355-365 (2004), reprinted in revised form as “To What Extent Should We Be Looking Abroad for Guidance in Interpreting the United States Constitution , in Harry Hirsch, ed., THE FUTURE OF GAY RIGHTS IN AMERICA, pp. 265-281 (2005)
“Statement [to Senate Judiciary Committee], January 27, 2004, ENSURING THE CONTINUITY OF THE UNITED STATES GOVERNMENT: A PROPOSED CONSTITUTIONAL AMENDMENT TO GUARANTEE A FUNCTIONING CONGRESS, Sanford Levinson, Page 16
HEARING BEFORE THE COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE, ONE HUNDRED EIGHTH CONGRESS, SECOND SESSION, Serial No. J-108-54, pp. 10-11, 20-27, 49-61
“Perpetual Union,” “Free Love,” and Secession: On the Limits to the “Consent of the Governed,” 39 TULSA LAW REVIEW 457-483 (2004)
“Speaking in the Name of the Law: Some Reflections on “Professional Responsibility,” 1 ST. THOMAS LAW REVIEW 447-463 (2004)
“Why I Still Won’t Teach Marbury (Except in a Seminar),” 6 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 588-603 (2004)
“Torture in Iraq & the rule of law in America,” Daedalus, Summer 2004, pp. 5-9 (2004), reprinted in I N THE NAME OF DEMOCRACY: AMERICAN WAR CRIMES IN IRAQ AND BEYOND 180-186 (Jeremy Brecher, Jill Cutler, and Brendan Smith, eds.)(Metropolitan Books, 2005)
“Contemplating Torture,” in Sanford Levinson, ed., TORTURE: A COLLECTION 23-43 (2004)
“Shards of Citizenship, Shards of Sovereignty: On the Continued Usefulness of an Old Vocabulary,” 21 CONSTITUTIONAL COMMENTARY 601-623 (2004)
“Why Nuclear Disarmament May be Easier to Achieve than an End to Partisan Conflict over Judicial Appointments,” 39 UNIVERSITY OF RICHMOND LAW REVIEW 923-947 (2005)(with David Law)
“The Pedagogy of the First Amendment: Why Teaching About Freedom of Speech Raises Unique (and Perhaps Insurmountable) Problems for Conscientious Teachers and their Students,” 52 U.C.L.A. LAW REVIEW 1359-1392 (2005), reprinted in Rodney A. Smolla, ed., FIRST AMENDMENT LAW HANDBOOK, 2005-2006 ed., pp. 129-151
“’Imposed Constitutionalism’: Some Reflections,” 37 UNIVERSITY OF CONNECTICUT LAW REVIEW 921-932 (2005)
“Introduction” to THE LOUISIANA PURCHASE AND AMERICAN EXPANSION 1803- 1898, 1-13 (Rowman & Littlefield, 2005), 1-18 (with Bartholomew Sparrow)
“Life Tenure and the Supreme Court: What is to Be Done?” in Paul Carrington and Roger C. Cramton, REFORMING THE COURT: TERM LIMITS FOR SUPREME COURT JUSTICES 375-383 (Carolina Academic Press, 2005)
“Is Secession the Achilles Heel of ‘Strong’ Federalism?” in Jorg Fedtke and Basil Markesinis, eds, PATTERNS OF REGIONALISM AND REGIONALISM; LESSONS FOR THE UK 207-228 (Hart Publishing, 2006) Sanford Levinson, Page 17
“In Quest of a Common ‘Conscience’: Reflections on the Current Debate about Torture,” 1 JOURNAL OF NATIONAL SECURITY LAW & POLICY 231-252 (2005)
“Law & the Humanities,” DAEDALUS, May, 2006, pp. 105-115 (with Jack Balkin), longer version published as “Law and the Humanities: An Uneasy Relationship,” 18 YALE JOURNAL OF LAW AND HUMANITIES 155-186 (2006)
“When (Some) Republican Justices Exhibited concern for the Plight of the Poor: An Essay in Historical Retrieval,” in Paul Carrington and Trina Jones, eds., LAW AND CLASS IN AMERICA: TRENDS SINCE THE COLD WAR 21-36 (2006)
“Constitutional Norms and Permanent Emergency,” 40 GEORGIA LAW REVIEW 699-751 (2006), published in shorter forms as “Constitutional Norms in a State of Permanent Emergency,” in Andras Sajo, ed., ABUSE: THE DARK SIDE OF FUNDAMENTAL RIGHTS 233-254 (2006); “Preserving Constitutional Norms in Times of Permanent Emergencies,” 13 CONSTELLATIONS 59-73 (2006); and Alkotmanyos normak tartos szuksegallapot idejen (Hungarian), FUNDAMENTUM 2005/3, pp. 17-29
“The Deepening Crisis of American Constitutionalism,” 40 GEORGIA LAW REVIEW 890- 914 (2006)
“Constitutional Engagement ‘Outside the Courts’ (and ‘Inside the Legislature’): Reflections on Professional Expertise and the Ability to Engage in Constitutional Interpretation,” in Richard Bauman and Tsvi Kahana, eds. THE LEAST EXAMINED BRANCH: THE ROLE OF LEGISLATURES IN THE CONSTITUTIONAL STATE 378-384 (2006)
“The Processes of Constitutional Change: From Partisan Entrenchment to the National Surveillance State,” 75 FORDHAM LAW REVIEW 489-535 (2006) (with Jack Balkin)
“Our Papalist Supreme Court: Is Reformation Thinkable (or Possible)?” in Austin Sarat, ed., LAW AND THE SACRED 109-134 (2006)
“Hercules, Abraham Lincoln, The United States Constitution, and the Problem of Slavery,” in Arthur Ripstein, ed., RONALD DWORKIN 136-167 (2007)
“Identifying ‘Independence,” 86 BOSTON UNIVERSITY LAW REVIEW 1297-1308 (2007)
“Slavery and the Phenomenology of Torture,” 74 SOCIAL RESEARCH 149-168 (2007)
“Thirteen Ways of Looking at Dred Scott,” 82 CHICAGO-KENT LAW REVIEW 49-95 (2007)(with Jack Balkin)
“Is It Possible to Have a Serious Discussion About Religious Commitment and Judicial Responsibilities?” 4 ST. THOMAS LAW REVIEW 280-295 (2007) Sanford Levinson, Page 18
“Dole Dialogue” (with Lynn Baker), 52 UNIVERSITY OF SOUTH DAKOTA LAW REVIEW 468-495 (2007)
“The Importance of the Comparative Moment in Constitutional Design: An Essay for Carl Baudenbacher,” in ECONOMIC LAW AND JUSTICE IN TIMES OF GLOALIZATION: FESTSCHRIFT FOR CARL BAUDENBACHER 165-174 (2007)
“How the United States Constitution Contributes to the Democratic Deficit in America,” 55 DRAKE LAW REVIEW, 859-885 (2007)
“Afterword: Do We Really Believe Any Longer in the Possibility of ‘Government from Reflection and Choice’? A Dour Meditation on our Present Situation,” 67 MARYLAND LAW REVIEW 281-294 (2007)
“Arms and Constitutional Design: An Essay for Laurence Tribe,” 42 TULSA LAW REVIEW 883-890 (2007)
“Guns and the Constitution: A Complex Relationship” (review-essay), 36 REVIEWS IN AMERICAN HISTORY 1-14 (March, 2008)
“Political Change and the ‘Creative Destruction’ of Public Space,” in Franceso Francioni and Martin Scheinin, CULTURAL HUMAN RIGHTS 341-351 (2008)
“Political Party and Senatorial Succession: A Response to Vikram Amar on How Best to Interpret the Seventeenth Amendment,” 35 HASTINGS CONSTITUTIONAL LAW QUARTERLY 713-725 (2008)
“Why the Second Amendment is Worth Our continued Attention: An Introduction to the Symposium,” 1 ALBANY GOVERNMENT LAW REVIEW viii-xxii (2008)
“Constitutional Crises,” 157 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 707-753 (2009)(with Jack M. Balkin)
“Thomas Ruffin and the Politics of Public Honor: Political Change and the ‘Creative Destruction’ of Public Space, 87 UNIVERSITY OF NORTH CAROLINA LAW REVIEW 673-700 (2009)
“What Should Citizens (as Participants in a Republican Form of Government) Know about the Constitution?” 50 WILLIAM & MARY LAW REVIEW 1239-1260 (2009)
“Assessing Heller,” 7 I • CON 316 – 328 (2009)
“Constitutional Dictatorships,” DISSENT, Summer 2009, pp. 99-106
“For Whom Is the Heller Decision Important and Why?” 13 LEWIS AND CLARK LAW REVIEW 315-333 (2009) Sanford Levinson, Page 19
‘The Vanishing Book Review in Student-edited Law Reviews and Potential Responses,” 87 TEXAS LAW REVIEW 1205-1221 (2009)
“Still Complacent After All These Years: Some Ruminations on the Continuing Need for a ‘New Political Science’ (Not to Mention a New Way of Teaching Law Students About What Is Truly Most Important About the Constitution),” 89 BOSTON UNIVERSITY LAW REVIEW 409-422 (2009)
“Our Schizoid Approach to the United States Constitution: Competing Narratives of Constitutional Dynamism and Stasis,” 84 INDIANA LAW REVIEW 1337-1356 (2009)
“Symposium: What, If Anything, Do We Know About Constitutional Design? Foreword: ‘I Read the News Today,l Oh Boy’: The Increasing Centrality of Constitutional Design,” 87 TEXAS LAW REVIEW 1265-1272 (2009)
“Why Didn’t the Supreme Curt Take My Advice in the Heller Case? Some Speculative Responses to an Egocentric Question,” 60 HASTINGS LAW JOURNAL 1591-1505 (2009)
“Constitutional Dictators,” DISSENT, Summer, 2009, pp. 99-106
“Morton Horwitz Wrestles with the Rule of Law,” in Daniel W. Hamilton and Alfred L. Brophy, eds., TRANSFORMATIONS IN AMERICAN HISTORY: LAW, IDEOLOGY, POLITICS, AND METHOD, pp. 483-499 (Harvard University Press, 2010)(with Jack M. Balkin).
“Constitutional Dictatorship: Its Dangers and Its Design,” 94 MINNESOTA LAW REVIEW 1789-1866 (2010)(with Jack Balkin)
“Democracy and the Extended Republic: Reflections on the Fishkinian Project,” 18 PEGS, pp. 63-67 (2010)
“Do Constitutions Have a Point? Reflections on ‘Parchment Barriers’ and Preambles, 28 SOCIAL PHILOSOPHY AND POLICY 150-178 (2010), available also in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds., WHAT SHOULD CONSTITUITONS DO? 150-178 (Cambridge University Press, 2010)
“Compromise and Constitutionalism,” __ PEPPERDINE LAW REVIEW (forthcoming 2011)
“America’s “Other Constitutions”: The Importance of State Constitutions for our Law and Politics,” __ TULSA LAW REVIEW (forthcoming 2011)
“Courts as Participants in ‘Dialogue’: A View from American States,” __ KANSAS LAW REVIEW __ (forthcoming 2011)
Sanford Levinson, Page 20
Short Book Reviews
76 YALE LAW JOURNAL 249-252 (1966) (Miller, THE CASE FOR LIBERTY; Brant, THE BILL OF RIGHTS)
DISSENT, May-June 1968, pp. 277 ff. (Freedman, ed., ROOSEVELT AND FRANKFURTER)
64 AMERICAN POLITICAL SCIENCE REVIEW 1276-77 (1970) (Kariel, OPEN SYSTEMS)
15 MIDWEST JOURNAL OF POLITICAL SCIENCE 625-28 (1971) (Pennock and Chapman, ed., NOMOS XII: POLITICAL AND LEGAL OBLIGATION)
3 SOCIETAS 371-73 (1973) (Urofsky and Levy, ed., 2 LETTERS OF LOUIS BRANDEIS)
Charlotte Observer, May 2, 1974, p. 11D (DeCrow, SEXIST JUSTICE); June 2, 1974, p. 4B (Jackson, JUDGES; Newfield, CRUEL AND UNUSUAL JUSTICE)
29 VANDERBILT LAW REVIEW 1487-93 (1975) (Auerbach, UNEQUAL JUSTICE)
49 NEW ENGLAND QUARTERLY 474-76 (1976) (Cox, THE ROLE OF THE SUPREME COURT IN AMERICAN GOVERNMENT)
21 AMERICAN JOURNAL OF LEGAL HISTORY 80-83 (1977) (Lash, ed., FROM THE DIARIES OF FELIX FRANKFURTER)
226 THE NATION 513-515 (April 29, 1978) (Wilson, THE INVESTIGATORS: MANAGING FBI AND NARCOTICS AGENTS)
227 THE NATION 181-82 (September 2, 1978) (Bok, LYING)
72 AMERICAN POLITICAL SCIENCE REVIEW 1026-27 (1978) (Hayek, THE MIRAGE OF SOCIAL JUSTICE)
The Chronicle of Higher Education, April 18, 1977, p. 20 (Miller, THE MODERN CORPORATE STATE)
The Chronicle of Higher Education, January 22, 1979, p. R5 (Silberman, CRIMINAL VIOLENCE, CRIMINAL JUSTICE)
230 THE NATION 763-65 (June 21, 1980) (Rodell, WOE UNTO YOU, LAWYERS!)
236 THE NATION 248-250 (February 26, 1983) (Berger, DEATH PENALTIES) Sanford Levinson, Page 21
91 AMERICAN JOURNAL OF EDUCATION 271-276 (1983) (Rebell and Block, EDUCATIONAL POLICY-MAKING AND THE COURTS: AN EMPIRICAL STUDY OF JUDICIAL ACTIVISM)
2 CONSTITUTIONAL COMMENTARY 512-518 (1985)(McClosky and Brill, DIMENSIONS OF TOLERANCE: WHAT AMERICANS BELIEVE ABOUT CIVIL LIBERTIES)
3 LAW AND HISTORY REVIEW 437-440 (1985)(Silverstein, CONSTITUTIONAL FAITHS: FELIX FRANKFURTER, HUGO BLACK, AND THE PROCESS OF JUDICIAL DECISION MAKING)
1985 AMERICAN BAR FOUNDATION RESEARCH JOURNAL 899-908 (1985) (Glennon, THE ICONOCLAST AS REFORMER: JEROME FRANK'S IMPACT ON AMERICAN LAW)
80 NORTHWESTERN LAW REVIEW 767-775 (1985)(Redish, FREEDOM OF EXPRESSION: A CRITICAL ANALYSIS)
97 ETHICS 666-669 (1987)(Jackson, SEMIOTICS AND LEGAL THEORY; White, HERACLES' BOW: ESSAYS ON THE RHETORIC AND POETICS OF THE LAW)
Newsday, October 3, 1989, part II, p. 4 (Simon, THE ANTAGONISTS: HUGO BLACK, FELIX FRANKFURTER, AND CIVIL LIBERTIES IN MODERN AMERICA)
249 THE NATION 756-759, December 18, 1989 (Bork, THE TEMPTING OF AMERICA; Pertschuk and Schaetzel, THE PEOPLE RISING; Bronner, BATTLE FOR JUSTICE)
100 ETHICS 458-59 (1990)(Bogdanor, CONSTITUTIONS IN DEMOCRATIC POLITICS)
18 POLITICAL THEORY 701-705 (1990)(Wolin, THE PRESENCE OF THE PAST: ESSAYS ON THE STATE AND THE CONSTITUTION)
94 SOUTHWESTERN HISTORICAL QUARTERLY 354-355 (October, 1990)(Murphy, FORTAS: THE RISE AND RUIN OF A SUPREME COURT JUSTICE)
16 LAW & SOCIAL INQUIRY 643-648 (1991)(Shiffrin, THE FIRST AMENDMENT, DEMOCRACY, AND ROMANCE)
100 MIND 398 (1991)(Macedo, LIBERAL VIRTUES)
102 ETHICS 687-688 (1992)(Alexander and Horton, WHOM DOES THE CONSTITUTION COMMAND? A CONCEPTUAL ANALYSIS WITH PRACTICAL IMPLICATIONS)
Sanford Levinson, Page 22
255 THE NATION 549-551, November 9, 1992 (Crawford, HOLD YOUR TONGUE: BILINGUALISM AND THE POLITICS OF "ENGLISH ONLY"; Crawford, ed., LANGUAGE LOYALTIES: A SOURCE BOOK ON THE OFFICIAL ENGLISH CONTROVERSY)
209 THE NEW REPUBLIC 40-44, July 19 & 26, 1993 (Sunstein, THE PARTIAL CONSTITUTION)
45 JOURNAL OF LEGAL EDUCATION 143-148 (1995)(Glendon, THE TROUBLE WITH LAWYERS)
53 NOTES: QUARTERLY JOURNAL OF THE MUSIC LIBRARY ASSOCATION, December, 1996, pp. 419-423 (Taruskin, TEXT & ACT: ESSAYS ON MUSIC AND PERFORMANCE)(with Jack Balkin)(recipient of the Eva Judd O’Meara Award for the best review published in Notes in 1996)
THE TEXAS OBSERVER, January 18, 2002, “Second to None?”, pp. 14-17, 36 (Bogus, ed., THE SECOND AMENDMENT IN LAW AND HISTORY)
DIVINITY MAGAZINE (published by the Duke University Divinity School), Fall 2003, pp. 23-24 (Powell, A COMMUNITY BUILT ON WORDS: THE CONSTITUTION IN HISTORY AND POLITICS)
46 JOURNAL OF AMERICAN LEGAL HISTORY 501-502 (2004)(Sarat, Garth, and Kagan, eds., LOOKING BACK AT LAW’S CENTURY)
LOS ANGELES TIMES BOOK REVIEW, November 21, 2004, p. R4 (Danner, TORTURE AND TRUTH: AMERICA, ABU GRHAIB, AND THE WAR ON TERROR)
AUSTIN AMERICAN-STATESMAN, September 4, 2005, pp. K6-7 (Breyer, ACTIVE LIBERTY: INTERPRETING OUR DEMOCRATIC CONSTITUTION)
AUSTIN AMERICAN-STATESMAN, July 9, 2006, pp. J5-6 (Mintaglio, THE PRESIDENT’S COUNSELOR: THE RISE TO POWER OF ALBERT GONZALES) AUSTIN AMERICAN-STATESMAN, October 14, 2007 (Lane and Oreskes, THE GENIUS OF AMERICA: HOW THE CONSTITUTION SAVED OUR COUNTRY AND WHY IT CAN AGAIN; Sabato, A MORE PERFECT CONSTITUTION: 23 PROPOSALS TO REVITALIZE OUR CONSTITUTION AND MAKE AMERICA A FAIRER COUNTRY) 6 ELECTION LAW JOURNAL 220-225 (20007) (Bennett, TAMING THE ELECTORAL COLLEGE) AUSTIN AMERICAN-STATESMAN, October 29, 2008, available at http://www.statesman.com/life/content/life/stories/books/10/29/1029mayer.html (Jonathan Mahler, THE CHALLENGE and Jane Mayer, THE DARK SIDE) Sanford Levinson, Page 23
7 PERSPECTIVES ON POLITICS 948-949 (December 2009)/(Morgenstern, CONCEIVING A NATION: THE DEVELOPMENT OF POLITICAL DISCOURSE IN THE HEBREW BIBLE)
“So Many Origins,” THE BOOK: AN ONLINE REVIEW AT THE NEW REPUBLIC, February 22, 2010 (review of Jack Rakove, THE ANNOTATED U.S. CONSTITUTION AND DECLARATIO OF INDEPENDENCE and Seth Lipsky, THE CITIZEN’S CONSTITUTION, available at http://www.tnr.com/book/review/so-many-origins
9 JOURNAL OF MILITARY ETHICS 115-118 (2010)(Steven Miles, OATH BETRAYED) __ PUBLIC HISTORY 103-105 (2011) (review of Kirk Savage, MONUMENT WARS: WASHINGTON, D.C., THE NATIONAL MALL, AND THE TRANSFORMATION OF THE MEMORIAL LANDSCAPE) (forthcoming)
Miscellaneous Publications
"U.S. Judges: The Case for Politics," 226 THE NATION 228-230 (March 4, 1978), reprinted in Murphy and Pritchett, eds., COURTS, JUDGES AND POLITICS (3d ed., 1979)
"Bilingualism: A Symposium," 228 THE NATION 262-63 (March 17, 1979)
"Open Campus," 230 THE NATION 628 (unsigned editorial)
"Should Supreme Court Nominees Have Opinions?" 232 THE NATION 375-376 (October 17, 1981)
"Why Not Take Another Look at the Constitution?" 234 THE NATION 656-657 (May 29, 1982)
"Can Educational Content Be 'Neutral'?" SYNTHESIS, Vol. 6, No. 1, pp. 1-6 (February 28, 1983)(Southwest Educational Development Laboratory, Austin, Texas)
Letter to Subcommittee on Criminal Law of the Committee on the Judiciary, United States Senate, on S. 804, Serial N. J-98-121 (May 18, 1984), pp. 380-340
"Cigarette Ads and the Press" (Symposium), 244 THE NATION 288-289 (March 7, 1987)
"Ideology is enough to reject some judges," USA Today, June 24, 1986, p. 8a (column)
"For 14-Year, Nonrenewable Federal Judgeships," New York Times, October 15, 1986 (letter to editor)
Sanford Levinson, Page 24
"Kahane v. I[srael] B[roadcasting] A[uthority]," Jerusalem Post, September 13, 1987 (letter to editor)
"Philosophy is enough to deny Senate consent," U.S.A. Today, September 15, 1987, p. 10a (with Douglas Laycock)(column)
"The Inescapability of Making Choices," 10 HAMLINE LAW REVIEW 139-140 (1987)
The Legacy of the Constitution: An Assessment for the Third Century, William S. Livingston ed., 1987 (transcript of a bicentennial conference held at the Lyndon Baines Johnson School of Public Affairs, February 1987), pp. 31-33, 49-52, 73-74
Constitutional Roots, Rights, and Responsibilities (Summary of Ninth International Smithsonian Symposium held at the University of Virginia and the Smithsonian Institution, May 18-23, 1987), pp. 19-21, 25-27
"Current Debate: Should Terrorists be Assassinated?" TIKKUN, July-August, 1988, pp. 77-78
"Why Papalism? A Response to Justice McCarthy," 7 SAINT LOUIS UNIVERSITY PUBLIC LAW REVIEW 233-235 (1988)
"Response," 1 YALE JOURNAL OF LAW & THE HUMANITIES 187-191 (1988)(response to review by Harvey Mansfield of Constitutional Faith)
"Reply," Dissent, Spring 1989, p. 265 (response to letter criticizing "Clashes of Taste in Constitutional Interpretation," DISSENT, Summer, 1988
Letter-to-the Editor, Commentary, February 1990, pp. 9-10 (responding to analysis offered by Walter Berns in article in October 1989 Commentary of argument made in Constitutional Faith)
"Broader issues than abortion to weigh in evaluating Souter," Houston Chronicle, July 24, 1990, p. 23A ("op-ed" essay)
"Patriotism," 253 THE NATION 108-109 (July 15/22, 1991)
THE READER'S COMPANION TO AMERICAN HISTORY (Eric Foner and John Garraty eds.)(1991), entries on "Affirmative Action," pp. 15-17; "Felix Frankfurter," pp. 416-417; "Oliver Wendell Holmes," pp. 506-507; "William Rehnquist," p. 926; and "Supreme Court," pp. 1050-1052
"Constitutionalism as Civil Religion," ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION (SUPPLEMENT), pp. 102-105 (1992)
Sanford Levinson, Page 25
"Democratic Politics and Gun Control," 1 RECONSTRUCTION, No. 4, pp. 137-141 (Spring 1992)
"Commentary on [Owen] Fiss and [Hans] Linde, 55 ALBANY LAW REVIEW 745-750 (1992)
"Contempt of Court: The Challenge Facing Contemporary Judges," 49 WASHINGTON AND LEE LAW REVIEW 339-343 (1992)
"Transracial Adoption," 2 RECONSTRUCTION, No. 1, pp. 106-107 (1992)(letter to the editor)
“Tiers of Scrutiny—From Strict Through Rational Bases—and the Future of Interests: Commentary on Fiss and Linde,” 55 ALBANY LAW REVIEW 745-750 (1992)
AMERICAN JEWS & THE SEPARATIONIST FAITH: THE NEW DEBATE ON RELIGION IN PUBLIC LIFE (David Dalin ed.), pp. 73-76 (1993)
"Presidential Power and Gays in the Military," Wall Street Journal, February 3, 1993, p. A21
"The Court Needs Street Smarts," New York Times, May 24, 1993, p. A15, reprinted in Dallas Morning News, May 27, 1993, p. 31A
"The Flag as Symbol," Introduction to THE FLAG AND THE LAW (3 volumes plus 1 volume microfiche, compiled by Marlyn Robinson and Christopher Simoni), Vol. 1, pp. xv- xx (1993)
"Examining the Scholarly Ideas of Presidential Nominees," Chronicle of Higher Education, June 23, 1993, pp. B1-B2
THE YOUNG READER'S COMPANION TO AMERICAN HISTORY (John A. Garraty, ed.)(1994), entries on Felix Frankfurter, pp. 322-323; Oliver Wendell Holmes, 395-396; Charles Evans Hughes, pp. 411-412; John Marshall, pp. 525-526; Thurgood Marshall, pp. 526-528; William Rehnquist, pp. 700-701; Roger Brooke Taney, pp. 803-804
"The Constitution and the Supreme Court," The World and I, March, 1994, pp. 380-384
"Presidential Elections and Constitutional Stupidities," 12 CONSTITUTIONAL COMMENTARY 183-186 (1995)
"Law," in A COMPANION TO AMERICAN THOUGHT (Richard Fox and James Kloppenberg, eds.), pp. 386-389 (1995)
"Correspondence," 75 BOSTON UNIVERSITY LAW REVIEW 529-530 (1995)
Letter to the editor, COMMENTARY, August 1996, p. 16 Sanford Levinson, Page 26
Letter to the editor (responding to Garry Wills, “To Keep and Bear Arms”), NEW YORK REVIEW OF BOOKS, November 16, 1995, p. 61, reprinted in Saul Cornell, ed., WHOSE RIGHT TO BEAR ARMS DID THE SECOND AMENDMENT PROTECT? 88-90 (2000)
"The Court's Death Blow," 265 THE NATION 28-30 (July 21, 1997)
“Comments on [Richard Bronaugh, “Is There a Duty to Confess?”], 98 A[MERICAN] P[HILOSOPHICAL] A[SSOCIATION] NEWSLETTERS 90-91 (Fall, 1998)
“Some (Brief) Reflections About Law and Literature,” 10 CARDOZO STUDIES IN LAW AND LITERATURE 121-123 (1998)
“Roundtable” on school vouchers, in Marshall Breger & David Gordis, eds., VOUCHERS FOR SCHOOL CHOICE: CHALLENGE OR OPPORTUNITY? 83-87 (1998)
“Constitutional Populism: Is It Time for ‘We The People’ to Demand an Article Five Convention?” 4 WIDENER LAW SYMPOSIUM JOURNAL 211-218 (1999)
”Widmar v. Vincent,” in Paul Finkelman, ed., RELIGION AND AMERICAN LAW: AN ENCYCLOPEDIA 556-558 (2000)
“2 Texans, Not 1,” New York Times, August 3, 2000, p. A29
Letter to the Editor, COMMENTARY, December 2000, p. 22
“Why Professor Lynch Asks the Right Questions,” 31 SETON HALL LAW REVIEW 45-49 (2000)
“I Dissent! The Constitution Got Us Into This Mess,” Washington Post, December 17, 2000, p. B2
“What We’ll Remember in 2050: 9 Views on Bush v. Gore” (symposium), THE CHRONICLE OF HIGHER EDUCATION, January 5, 2001, pp. B16-17
“Return of Legal Realism,” THE NATION, January 8/15, 2001, p. 8
“Symposium: The Prime Time Election, from Courtroom to Newsroom: The Media and the Legal Resolution of the 2000 Presidential Election,” 13 CARDOZO STUDIES IN LAW AND LITERATURE 74-77, 82-84, 87-88, 95-96, 99-100, 103-104 (2001)
“Letter to the Editor,” COMMENTARY, March, 2002, p. 21
“Foreword” [to John R. Vile, ENCYCLOPEDIA OF CONSTITUTIONAL AMENDMENTS, PROPOSED AMENDMENTS, AND AMENDING ISSUES, 1789-2002 (2d ed. 2003), pp. xvii-xviii. Sanford Levinson, Page 27
“Ruling by ruling, we inch closer to core problem at our universities,” (op-ed on Michigan affirmative action cases), Austin-American Statesman, June 25, 2003, p. A11 (with Jordan Steiker)
“Redefining the Center: Liberal Decisions from a Conservative Court,” The Village Voice, July 2-8. 2003. pp. 38-40, available at http://www.villagevoice.com/issues/0327/levinson.php
“Has The Supreme Court Gone Too Far”? (Symposium), Commentary, October 2003, pp. 37-39
Symposium on “What Book Most Richly Deserves Greater Attention?” The Chronicle Review (of the Chronicle of Higher Education), October 31, 2003, p. B4.
“Brutal Logic,” The Village Voice, May 12-16, 2004, pp. 27, 32, 34, available at http://www.villagevoice.com/print/issues/0419/levinson.php
Various excerpts of articles and a course syllabus reprinted in Paula Prather, ed., TEACHING THE LAW SCHOOL CURRICULUM (forthcoming 2004)
“Age: the unspoken litmus test for Bush as he replaces O’Connor,” Austin American- Statesman, July 11, 2005, Section H, pp. 1, 4
“Between Blue and Gray,” LEGAL TIMES, September 5, 2005, pp. 58-59, 61
“Foreword” to Lief H. Carter and Thomas F. Burke, REASON IN LAW (updated Seventh Edition, 2006), pp. vi-viii
“Comment—Assuring Continuity of Government,” 4 PIERCE LAW REVIEW 201-205 (2006)
“It is Time to Repair the Constitution’s Flaws,” The Chronicle of Higher Education, October 13, 2006
“A Tribute To Lewis H. LaRue,” 63 WASHINGTON AND LEE LAW REVIEW 5-6 (2006)
“Our Broken Constitution:What many consider the greatest American document is in reality a blueprint for undemocratic governance,” Los Angeles Times, October 16, 2006, available at http://www.latimes.com/news/opinion/la-oe-levinson16oct16,0,535948.story?coll=la- opinion-rightrail
“Get me rewrite! George Washington didn't think the Constitution was sacrosanct -- why do we? It's time for a new constitutional convention,” Boston Globe, October 22, 2006, Ideas Section, pp. 1-2, available at http://www.boston.com/news/globe/ideas/articles/2006/10/22/get_me_rewrite?mode=PF Sanford Levinson, Page 28
“Against the Veto: Poison Pen,” New Republic, October 9, 2006, available at https://ssl.tnr.com/p/docsub.mhtml?i=20061009&s=levinson100906
“The Democratic Deficit in America,” in Harvard Law and Policy Online, available at http://www.hlpronline.com/2006/11/levinson_01.html
“Impeachment: The Case Against,” The Nation, February 12, 2007, pp. 21-22, available at http://www.thenation.com/doc/20070212/levinson
“Letter to the Editor,” New York Times Magazine, May 6, 2007
“No Vice,” Boston Globe, July 1, 2007, pp. D 1-3, available at http://www.boston.com/news/globe/ideas/articles/2007/07/01/no_vice/
“Why use originalism?” National Law Journal, February 25, 2008, available at http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1203508158791
“Adapt U.S. Constitution to 21st century reality,” Seattle Post-Intelligencer, March 30, 2008, p. B9, available at http://seattlepi.nwsource.com/opinion/356895_focus30.html
Contribution to “Best books of 2008,” Austin American-Statesman, December 28, 2008, p. H5
ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (2008): Article V, Vol. I, pp. 106-108 Continuity in Government, pp. 430-431 Greenhouse, Linda, Vol. II, pp. 364-365 Twelfth Amendment, Vol. V, pp. 77-78 Twenty-Seventh Amendment, Vol. V, p. 83
“Response to the Symposium [on Our Undemocratic Constitution],” 18 PEGS, No. 1, 2009, pp. 51-56
THE OXFORD INTERNIONAL ENCYCLOPEDIA OF LEGAL HISTORY (2009), “Constitution of the United States: Amendments to the Constitution,” Vol. 2, pp. 156-160
“Conference Proceedings: Education, Innovation, and Discovery: The Distinctive Promise of the American Research University,” November 13, 2008, pp. 39-41
“Commentary: States can't nullify federal law,” Austin American Statesman, February 7, 2010, available at http://www.statesman.com/opinion/insight/commentary-states-can-t- nullify-federal-law-217250.html
“Resolved, Article V should be revised to make it easier to amend the Constitution and to call a constitutional convention (Pro),” in Richard J. Ellis and Michael Nelson, eds., DEBATING Sanford Levinson, Page 29
REFORM: CONFLICTING PERSPECTIVES ON HOW TO FIX THE AMERICAN POLITICAL SYSTEM 5-11 (2010)
Electronic publications
“BOMBS BURSTING IN AIR, AND OUR FLAG STILL THERE: Why A Small Island Near Puerto Rico May Be The Harbinger Of A Constitutional Crisis,” July 12, 2001, http://writ.news.findlaw.com/commentary/20010712_levinson.html
“WHAT IS THE CONSTITUTION'S ROLE IN WARTIME?: Why Free Speech And Other Rights Are Not As Safe As You Might Think,” October 17, 2001, http://writ.news.findlaw.com/commentary/20011017_levinson.html
"LEGAL ANALYSIS, UNDERLYING MOTIVATION, AND POLITICAL CORRECTNESS," November 14, 2002, http://writ.news.findlaw.com/commentary/20021124_levinson.html
“A DIALOGUE WITH THE PEOPLE, OR A JURICENTRIC VIEW OF THE WORLD? Why The Supreme Court Should Be Televised When It Announces Its Opinions,” July 23, 2002 http://writ.news.findlaw.com/commentary/20020723_levinson.html
"“LAW” “PHILOSOPHY,” or “POLITICS”? Identifying the Status of the Arguments in Owen Fiss's “Groups and the Equal Protection Clause”" Issues in Legal Scholarship, The Origins and Fate of Antisubordination Theory (2002): Article 5. http://www.bepress.com/ils/iss2/art5
“SECESSION AND THE FUTURE OF IRAQ: Should the Kurds, and Others, Be Able to Withdraw to Create Their Own Nations? April 17, 2003 http://writ.news.findlaw.com/commentary/20030417_levinson.html
WHY I DID NOT SIGN THE CONSTITUTION: With a Chance To Endorse It, I Had To Decline Sept. 23, 2003 http://writ.news.findlaw.com/commentary/20030923_levinson.html
“SHOULD COLORADO SPLIT ITS ELECTORAL VOTES? Richard Epstein and Sanford Levinson debate. http://www.legalaffairs.org/webexclusive/debateclub_Colorado1004.html
LAW AND POLITICS BOOK REVIEW, ISSN 1062-7421, Vol. 15 No.8 (August 2005), pp.635-640 (Sunstein, LAWS OF FEAR BEYOND THE PRECAUTIONARY PRINCIPLE), http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/sunstein805.htm:
LEGAL AFFAIRS DEBATE CLUB: SHOULD LIBERALS STOP DEFENDING ROE? (Debate with Jack Balkin), available at http://legalaffairs.org/webexclusive/debateclub_ayotte1205.msp
Sanford Levinson, Page 30
“DEBATE: SHOULD WE DISPENSE WITH THE ELECTORAL COLLEGE? (with John McGinnis and Dan Lowenstein), 156 UNIVERSITY OF PENNSYLVANIA LAW REVIEW PENNumbra, pp. 10-37, http://www.pennumb.com/debates/debate.php?did=8
“REFLECTIONS ON THE ROLE OF CONSTITUTIONAL LAW IN THE LAW SCHOOL CURRICULUM,” 1 AMERICAN JUSTICE LAW REVIEW 101-138, (2007) “THE SUPREME COURT’S CAREFUL AIM,” THE GUARDIAN FOR AMERICA, June 26, 2008, http://www.guardian.co.uk/commentisfree/2008/jun/26/civilliberties.usa “DC V. HELLER: A DISMAYING PERFORMANCE BY THE SUPREME COURT,” HUFFINGTON POST, June 26, 2008, http://www.huffingtonpost.com/sanford- levinson/dc-v-heller-a-dismaying-p_b_109472.html “THE SECOND AMENDMENT GOES TO COURT,” REASONONLINE, June 27, 2008, http://www.reason.com/news/show/127201.html “RECONSIDERING THE SYLLABUS IN CONSTITUTIONAL LAW,” 118 YALE LAW JOURNAL POCKET PART 8-128 (2008), http://thepocketpart.org/2008/0516/levinson.html “History Matters, but So Does Politics,” BOSTON REVIEW (posted Jan. 7, 2009), http://bostonreview.net/BR33.6/levinson.php “Putting the Torture Debate To Rest,” “Comment is free,” Guardian (UK), available at http://www.guardian.co.uk/commentisfree/cifamerica/2009/jan/15/guantanamo-torture- qahtani “Supreme Court Prognosis,” Guardian (UK), available at http://www.guardian.co.uk/commentisfree/cifamerica/2009/feb/09/supreme-court-ruth-bader- ginsburg Ilya Somin & Sanford Levinson, Debate, Democracy,Political Ignorance, and Constitutional Reform, 157 U. PA. L. REV.PENNUMBRA 239-259 (2009), http://www.pennumbra.com/debates/pdfs/ConstitutionalReform.pdf.
Assessing the Supreme Court’s Current Caseload: A Question of Law or Politics?, 119 YALE L.J. ONLINE 99-111 (2010), available at http://yalelawjournal.org/2010/02/01/levinson.html
“So Many Origins,” THE BOOK: AN ONLINE REVIEW AT THE NEW REPUBLIC, February 22, 2010 (review of Jack Rakove, THE ANNOTATED U.S. CONSTITUTION AND DECLARATIO OF INDEPENDENCE and Seth Lipsky, THE CITIZEN’S CONSTITUTION, available at http://www.tnr.com/book/review/so-many-origins
LITIGATION BEFORE UNITED STATES SUPREME COURT
Sanford Levinson, Page 31
Briefed and argued New Jersey v. Schmid, 423 A.2d 615 (1981), appeal dismissed sub nom. Princeton University v. Schmid, 455 U.S. 100 (1982)(represented Schmid)
Prepared and submitted brief amicus curiae in behalf of a group of American law school teachers of professional responsibility in William Boyd Tucker v. Kemp (85-5496)
TESTIMONY BEFORE CONGRESS
"Constitutionality of GAO's Bid Protest Function," Hearings before a Subcommittee of the Committee on Government Operations, House of Representative, February 28, 1984
On standards to be used for confirming nominees to the federal judiciary, Subcommittee on the Courts, Committee on the Judiciary, United States Senate, September 4, 2001
On the desirability of a 28th Amendment to provide for continuity in government in case of catastrophic loss of life or incapacity of members of Congress, Committee on the Judiciary, United States Senate, January 27, 2004
SELECTED LECTURES AND PRESENTATIONS
Or Emet Lecture, Osgoode Halle Law School, April 1986 Ronald J. Fiscus Lecture, Skidmore College, April 1999 Owen J. Roberts Memorial Lecture, University of Pennsylvania Law School, October 14, 1999 David C. Baum Memorial Lecture, University of Illinois College of Law, April 2001 Brainerd Currie Memorial Lecture, Duke University Law School, October 2001 Melville Nimmer Lecture, UCLA School of Law, November 2004 Sibley Lecture, University of Georgia Law School, March 28, 2005 Suffolk Law School, Boston, March 8, 2007 Constitution Day lecture, Johns Hopkins University, September 2006 Constitution Day lecture, University of Nevada at Las Vegas School of Law, Sept. 2007 Constitution Day lecture, DePaul University, Chicago, September 2007 University of Colorado School of Law, January, 2008 Constitution Day lecture, Centenary College, September 2008 Jerome Hall lecture, Indiana University School of Law, October 2008 Walter Murphy lecture, Princeton University, April 2009 Participant, Aspen Ideas Festival, July 2009 Constitution Day program, Harvard University, September 2009 Constitution Day lecture, Swarthmore College, September 2009 Brandeis Lecture, Pepperdine Law School, March 2010