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STEVEN G. CALABRESI

2017

Newspaper Articles

July 2017

Periodical Articles

October 2017

September 2017

2016

Contributions to Books etc.

November 2016

  • The Comparative Constitutional Law Scholarship of Professor Mirjan Damaska in VISIONS OF JUSTICE (26 STUDIES IN INTERNATIONAL AND EUROPEAN CRIMINAL LAW AND PROCEDURE), edited by Bruce Ackerman, Kai Ambos, and Hrovje Sikiric (2016).

Periodical Articles

July 2016

  • The Unknown Achievements of Justice Scalia in 39 HARVARD JOURNAL OF LAW & PUBLIC POLICY 575 (2016).
  • Originalism and Same-Sex Marriage in 70 UNIVERSITY OF MIAMI LAW REVIEW 648 (2016) (Co-authored by: Hannah M. Begley).
  • The Same-Sex Marriage Cases and Federal Jurisdiction: On Third-Party Standing and Why the Domestic Relations Exception to Federal Jurisdiction Should Be Overruled in 70 UNIVERSITY OF MIAMI LAW REVIEW 708 (2016) (Co-authored by: Genna L. Sinel).

June 2016

  • Friedrich A. Hayek, the U.S. Constitution, and Institutional Design in 48 ARIZONA STATE LAW JOURNAL 231 (2016).

May 2016

  • Justice Oliver Wendell Holmes and Chief Justice John Roberts’s Dissent in Obergefell v. Hodges in 8 ELON LAW REVIEW 1 (2016).

April 2016

  • The U.S. and the State Constitutions: An Unnoticed Dialogue in 9 NYU JOURNAL OF LAW & LIBERTY 685 (2015) (Co-authored by: Sarah E. Agudo, and Katherine L. Dore).
  • The Jurisprudence of Justice Antonin Scalia: A Response to Professor Bruce Allen Murphy and Professor Justin Driver in 9 NYU JOURNAL OF LAW & LIBERTY 793 (2015) (Co-authored by: Justin Braga).

2015

Periodical Articles

November 2015

  • Does Institutional Design Make a Difference? in 109 NORTHWESTERN UNIVERSITY LAW REVIEW 577 (2015).

October 2015

  • Hayek and the Citation of Foreign Law: A Response to Professor Jeremy Waldron in 2015 MICHIGAN STATE LAW REVIEW 1 (Co-authored by: Bradley G. Silverman).

June 2015

  • On Liberty and the Fourteenth Amendment: The Original Understanding of the Lockean Natural Rights Guarantees in 93 TEXAS LAW REVIEW 1299 (2015).

May 2015

  • Originalism and Brown v. Board of Education in 2014 MICHIGAN STATE LAW REVIEW 429 (Co-authored by: Michael W. Perl).

March 2015

  • Judge Robert H. Bork and Professor Bruce Ackerman: An Essay on the Tempting of America in 13 AVE MARIA LAW REVIEW 47 (2015) (Co-authored by: Justin Braga).

February 2015

  • The Rule of Law as a Law of Law in 90 NOTRE DAME LAW REVIEW 483 (2014) (Co-authored by: Gary Lawson).

2014

Periodical Articles

December 2014

  • On Liberty, Equality, and the Constitution: A Review of Richard A. Epstein's THE CLASSICAL LIBERAL CONSTITUTION in 8 NEW YORK UNIVERSITY JOURNAL OF LAW & LIBERTY 839 (2014).

SSRN

February 2014

2013

Books and other Monographs

October 2013

  • The Constitution of the United States, 2nd edition (Foundation Press 2013) (Co-authored by: Michael Stokes Paulsen, Michael W. McConnell, and Samuel L. Bray).

Periodical Articles

December 2013

  • Judge Robert H. Bork and Constitutional Change: An Essay on Olman v. Evans in 80 UNIVERSITY OF CHICAGO LAW REVIEW DIALOGUE 155-176 (2013) (Co-authored by: Lauren Pope).

October 2013

  • Religion and the Equal Protection Clause: Why the Constitution Requires School Vouchers in 65 FLORIDA LAW REVIEW 909-1087 (2013) (Co-authored by: Abe Salander).

September 2013

  • The Right to Buy Health Insurance Across State Lines: Crony Capitalism and the Supreme Court in 81 UNIVERSITY OF CINCINNATI LAW REVIEW 1447-1514 (2013).

June 2013

  • Monopolies and the Constitution: A History of Crony Capitalism in 36 HARVARD JOURNAL OF LAW & PUBLIC POLICY 983-1097 (Co-authored by: Larissa C. Leibowitz).
  • Showcase Panel IV, The Federalist Society 2012 National Lawyers Convention: An Examination of Substantive Due Process and Judicial Activism (Co-panelists: Hon J. Harvie Wilkinson III, Mark V. Tushnet, William H. Mellor, Hon. Walter E. Dellinger III, Nelson R. Lund, Hon Edith H. Jones) in 17 TEXAS REVIEW OF LAW & POLITICS 315-350 (2013).

February 2013

  • State Bills of Rights in 1787 and 1791: What Individual Rights Are Really Deeply Rooted in American History and Tradition? in 85 SOUTHERN CALIFORNIA LAW REVIEW 1451-1550 (2012) (Co-authored by: Sarah E. Agudo, and Kathryn L. Dore).
  • Originalism and Loving v. Virginia in 2012 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 1393-1416 (Co-authored by: Andrea Matthews).

January 2013

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October 2013

June 2013

2012

Periodical Articles

August 2012

  • Tribute to Justice John Paul Stevens in 106 NORTHWESTERN UNIVERSITY LAW REVIEW 413-416 (2012).
  • The Rise and Fall of the Separation of Powers in 106 NORTHWESTERN UNIVERSITY LAW REVIEW 527-550 (2012) (Co-authored by: Mark E. Berghausen and Skylar Albertson).

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August 2012

March 2012

2011

Periodical Articles

November 2011

  • Originalism and Sex Discrimination in 90 TEXAS LAW REVIEW 1-101 (2011) (Co-authored by: Julia T. Rickert).

January 2011

  • Does the Fourteenth Amendment Guarantee Equal Justice for All? in 34 HARVARD JOURNAL OF LAW & PUBLIC POLICY 149-156 (2011).

2010

Books and other Monographs

August 2010

  • The Constitution of the United States (Foundation Press 2010) (Co-authored by: Paulsen, McConnell, and Bray).

Contributions to Books etc.

April 2010

  • Resolved, the Terms of Supreme Court Justices Should Be Limited to 18 Years in Debating Reform: Conflicting Perspectives on How to Fix the American Political System, edited by Richard J. Ellis and Michael Nelson (CQ Press 2010) (Co-authored by: James Lindgren).

Periodical Articles

April 2010

  • Concluding Thoughts—Symposium: Presidential Power in Historical Perspective: Reflections on Calabresi and Yoo’s The Unitary Executive in 12 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 651-658 (2010).

January 2010

  • Is the Separation of Powers Exportable? in 33 HARVARD JOURNAL OF LAW & PUBLIC POLICY 5-16 (2010) (Co-authored by: Kyle Bady ).

2009

Contributions to Books etc.

July 2009

  • The entry for Robert H. Bork in Yale Biographical Dictionary of American Law, edited by Roger K. Newman (Yale University Press 2009) at Pages 63-64.

Periodical Articles

November 2009

  • On Section 5 of the Fourteenth Amendment i in 11 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 1431-1450 (2009) (Co-authored by: Nicholas P. Stabile ).

August 2009

  • Two Cheers for Professor Balkin’s Originalism in 103 NORTHWESTERN UNIVERSITY LAW REVIEW 663-702 (2009) (Co-authored by: Livia Fine ).

June 2009

  • The Fatally Flawed Theory of the Unbundled Executive in 93 MINNESOTA LAW REVIEW 1696-1740 (2009) (Co-authored by: Nicholas Terrell ).

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December 2009

2008

Books and other Monographs

July 2008

  • The Unitary Executive: Presidential Power from Washington to Bush (Yale University Press 2008) (Co-authored by: Christopher S. Yoo ).

Newspaper Articles

July 2008

February 2008

  • McCain and the Supreme Court in WALL STREET JOURNAL, page A14 (February 4, 2008) (Co-authored by: John O. McGinnis).

Periodical Articles

December 2008

  • Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition? in 87 TEXAS LAW REVIEW 7-120 (2008) (Co-authored by: Sarah E. Agudo ).

August 2008

  • A Critical Introduction to the Originalism Debate in 31 HARVARD JOURNAL OF LAW & PUBLIC POLICY 875-897 (2008).
  • Text vs. Precedent in Constitutional Law in 31 HARVARD JOURNAL OF LAW & PUBLIC POLICY 947-959 (2008).

June 2008

May 2008

  • Render Unto Caesar That Which is Caesar’s, and Unto God That Which is God’s in 31 HARVARD JOURNAL OF LAW & PUBLIC POLICY 495-504 (2008).

April 2008

February 2008

  • How to Reverse Government Imposition of Immorality: A Strategy for Eroding Roe v. Wade in 31 HARVARD JOURNAL OF LAW & PUBLIC POLICY 85-92 (2008).

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April 2008

2007

Books and other Monographs

September 2007

  • Steven G. Calabresi is the editor of Originalism: A Quarter-Century of Debate (Regnery Publishing 2007).

Periodical Articles

October 2007

  • Line-Item in the Sand in NATIONAL REVIEW (October 10, 2007).

June 2007

  • The Unitary Executive, Jurisdiction Stripping, and the Hamdan Opinons: A Textualist Response to Justice Scalia in 107 COLUMBIA LAW REVIEW 1002-1047 (2007) (Co-authored by: Gary Lawson ).

March 2007

  • "A Shining City on a Hill": American Exceptionalism and the Supreme Court's Practice of Relying on Foreign Law in 86 BOSTON UNIVERSITY LAW REVIEW 1335-1416 (2006).

2006

Contributions to Books etc.

January 2006

  • The Problem of the Prolonged Tenure of Justices in Reforming the Court: Term Limits for Supreme Court Justices, edited by Roger C. Cramton and Paul D. Carrington (Carolina Academic Press 2006) (Co-authored by: James Lindgren).

Periodical Articles

September 2006

  • The President: Lightening Rod or King? in 115 YALE LAW JOURNAL 2611 (2006) (Co-authored by: James Lindgren ).

August 2006

  • Text, Precedent and the Constitution: Some Originalist and Normative Arguments for Overruling Planned Parenthood of Southeastern Pennsylvania v. Casey in 22 CONSTITUTIONAL COMMENTARY 311-348 (2005).

June 2006

May 2006

  • Reintroducing Circuit Riding: A Timely Proposal in 90 MINNESOTA LAW REVIEW 1386-1416 (2006) (Co-authored by: David C. Presser).

March 2006

book review

  • The President, the Supreme Court, and the Founding Fathers: A Reply to Professor Ackerman in 73 UNIVERSITY OF CHICAGO LAW REVIEW 469 (2006).

January 2006

  • The Terri Schiavo Case: In Defense of the Special Law Enacted by Congress and President Bush in 100 NORTHWESTERN UNIVERSITY LAW REVIEW 151-170 (2006).
  • The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision in 47 WILLIAM AND MARY LAW REVIEW 743 (2005) (Co-authored by: Stephanie Dotson Zimdahl).

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June 2006

May 2006

2005

Periodical Articles

July 2005

  • The Congressional Roots of Judicial Activism in 20 JOURNAL OF LAW AND POLITICS 577-593 (2004).

book review essay of book review essay

  • The Libertarian-Lite Constitutional Order and the Rehnquist Court in 93 GEORGETOWN LAW JOURNAL 1023-1060 (2005) .

June 2005

book review

  • Restoring the Lost Constitution: The Presumption of Liberty in 103 MICHIGAN LAW REVIEW 1081-1098 (2005) .

May 2005

  • The Unitary Executive in the Modern Era, 1945-2004 in 90 IOWA LAW REVIEW 601 (2005) (Co-authored by: Christopher S. Yoo, and Anthony J. Colangelo).

February 2005

  • Separation of Powers and the Rehnquist Court: The Centrality of Clinton v. City of New York in 99 NORTHWESTERN UNIVERSITY LAW REVIEW 77-87 (2004).
  • Lawrence, the Fourteenth Amendment, and the Supreme Court's Reliance on Foreign Constitutional Law: An Originalist Reappraisal in 65 OHIO STATE LAW JOURNAL 1097-1131 (2004).

January 2005

  • The Historical Origins of the Rule of Law in the American Constitutional Order in 28 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 273 (2004).
  • Unitary Executive During the Third Half-Century, 1889-1945 in 80 NOTRE DAME LAW REVIEW 1-109 (2004) (Co-authored by: Christopher S. Yoo and Laurence D. Nee).

2004

Periodical Articles

January 2004

  • The Unitary Executive During the Second Half Century in 26 HARVARD JOURNAL OF LAW & PUBLIC POLICY 667-802 (2003) (Co-authored by: Christopher S. Yoo).

2003

Newspaper Articles

May 2003

op-ed piece

  • Rule of Law; Pirates We Be in WALL STREET JOURNAL (May 14, 2003) .
  • Stop Talking? Yes in LEGAL TIMES (May 12, 2003) .

January 2003

editorial

  • High Court Needs Fresh Blood Soon in NEWSDAY (January 21, 2003) (Co-authored by: Ilya Somin) .
  • The Timing Game That Justices Play in LOS ANGELES TIMES, B11 (January 13, 2003) (Co-authored by: Ilya Somin) .

2002

Contributions to Books etc.

June 2002

  • A Political Question in Bush v. Gore: The Question of Legitimacy, edited by Bruce Ackerman (Yale University Press 2002) at Pages 129-144.

Newspaper Articles

October 2002

op-ed piece

  • The Supreme Court's Unfree Speech in NEW YORK TIMES (October 5, 2002) (Co-authored by: Akhil Reed Amar) .

Periodical Articles

November 2002

  • Rating the Presidents of the United States, 1789-2000: A Survey of Scholars in Political Science, History, and Law in 18 CONSTITUTIONAL COMMENTARY 583-605 (2001) (Co-authored by: James Lindgren).

2001

Periodical Articles

November 2001

  • The Virtues of Presidential Government: Why Professor Ackerman is Wrong to Prefer the German to the U.S. Constitution in 18 CONSTITUTIONAL COMMENTARY 51-104 (2001) .

May 2001

  • Advice to the Next Conservative President of the United States in 24 HARVARD JOURNAL OF LAW & PUBLIC POLICY 369-380 (2001) .

March 2001

  • Federalism and the Rehnquist Court: A Normative Defense in 574 ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE 24-36 (March 2001) .

February 2001

  • The Revitalization of Democracy in the New Millennium in 24 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 151-154 (2000) .

1999

Periodical Articles

August 1999

book review

  • We Are All Federalists, We Are All Republicans: Holism, Synthesis, and the Fourteenth Amendment in 87 GEORGETOWN LAW JOURNAL 2273-2305 (1999) .

July 1999

  • Caesarism, Departmentalism, and Professor Paulsen in 83 MINNESOTA LAW REVIEW 1421-1434 (1999) .

March 1999

  • The Structural Constitution and the Countermajoritarian Difficulty in 22 HARVARD JOURNAL OF LAW & PUBLIC POLICY 3-9 (1998).

January 1999

  • The President, the Supreme Court, and the Constitution: A Brief Positive Account of Government Lawyers in the Development of Constitutional Law in 61 LAW AND CONTEMPORARY PROBLEMS 61-82 (1998).