Larry Alexander

University of San Diego School of Law

Warren Distinguished Professor of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

  • University of San Diego School of Law

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    • Fax: 619-260-4728
SCHOLARLY PAPERS

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Scholarly Papers (92)

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1.

Deontology at the Threshold

Number of pages: 21 Posted: 12 Dec 2000
Larry Alexander
University of San Diego School of Law
Downloads 2,275 (6,549)
Citation 9

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2.

Constitutionalism and Democracy: Understanding the Relationship

THE IDEA OF CONSTITUTIONALISM, Steven Kautz, Arthur Melzer, Jerry Weinberger and M. Richard Zinman, eds., University of Pennsylvania Press, Forthcoming, San Diego Legal Studies Paper No. 07-121
Number of pages: 15 Posted: 09 Nov 2007
Larry Alexander
University of San Diego School of Law
Downloads 2,097 (7,517)

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constitutionalism, democracy

3.

The Legal Enforcement of Morality

Number of pages: 30 Posted: 30 Mar 2001
Larry Alexander
University of San Diego School of Law
Downloads 1,895 (8,950)

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4.

The Philosophy of Criminal Law

Number of pages: 88 Posted: 09 Oct 2001
Larry Alexander
University of San Diego School of Law
Downloads 1,743 (10,246)
Citation 1

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5.

Popular? Constitutionalism?

Harvard Law Review, Forthcoming
Number of pages: 47 Posted: 31 Mar 2005
Larry Alexander and Lawrence B. Solum
University of San Diego School of Law and University of Virginia College of Law
Downloads 1,452 (13,686)

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constitution, popular constitutionalism, legitimacy, popular sovereignty, democracy

6.

Freedom of Expression as a Human Right

Number of pages: 91 Posted: 02 Oct 2001
Larry Alexander
University of San Diego School of Law
Downloads 1,296 (16,302)
Citation 1

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7.

Criminal Liability for Omissions: An Inventory of Issues

Number of pages: 38 Posted: 22 May 2001
Larry Alexander
University of San Diego School of Law
Downloads 1,104 (20,782)

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8.

What is the Problem of Judicial Review?

Australian Journal of Legal Philosophy, May 2006, San Diego Legal Studies Paper No. 07-03
Number of pages: 20 Posted: 22 Sep 2005
Larry Alexander
University of San Diego School of Law
Downloads 1,097 (20,964)

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judicial review, democracy, constitutionalism, rules versus standards

9.

Law's Limited Domain Confronts Morality's Universal Empire

San Diego Legal Studies Paper No. 07-44, William and Mary Law Review, Forthcoming
Number of pages: 30 Posted: 04 May 2006
Larry Alexander and Frederick Schauer
University of San Diego School of Law and University of Virginia School of Law
Downloads 964 (25,317)
Citation 8

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positivism, rules and standards, incorporation of morality

10.

Constitutionalism

CONTEMPORARY DEBATES IN POLITICAL PHILOSOPHY, Thomas Christiano, John Christman, eds., Forthcoming, San Diego Legal Studies Paper No. 07-04
Number of pages: 38 Posted: 22 Sep 2005
Larry Alexander
University of San Diego School of Law
Downloads 915 (27,317)

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constitutions, entrenchment, hierarchy of legal validity, democracy, judicial review

11.

Legal Objectivity and the Illusion of Legal Principles

RIGHTS, LAW AND MORALITY: THEMES FROM THE LEGAL PHILOSOPHY OF ROBERT ALEXY, M. Klatt, ed., Oxford University Press, 2009, San Diego Legal Studies Paper No. 08-069
Number of pages: 30 Posted: 27 Aug 2008 Last Revised: 10 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 903 (27,809)

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objectivity, rules, standards, principles, morality, settlement

12.

Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance

THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler & Kenneth Himma, eds., Oxford University Press, 2009, San Diego Legal Studies Paper No. 08-66
Number of pages: 26 Posted: 19 Aug 2008
Larry Alexander and Frederick Schauer
University of San Diego School of Law and University of Virginia School of Law
Downloads 896 (28,138)
Citation 2

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rule of recognition, judicial review, judicial supremacy, interpretation

13.

Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues

Downloads 856 ( 30,027)

Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues

EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., Cambridge University Press, 2008, San Diego Legal Studies Paper No. 07-120
Number of pages: 26 Posted: 07 Oct 2007
Larry Alexander
University of San Diego School of Law
Downloads 590 (49,002)

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constitutions, judicial review, moral rights, democracy

Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues

San Diego Legal Studies Paper No. 07-78
Number of pages: 27 Posted: 16 Nov 2006
Larry Alexander
University of San Diego School of Law
Downloads 266 (125,208)

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Constitutional Law, Jurisprudence, Moral Rights, Judicial Review

14.

Precedent

U San Diego Legal Studies Research Paper No. 05-14
Number of pages: 36 Posted: 16 Sep 2004
Larry Alexander and Emily L. Sherwin
University of San Diego School of Law and Cornell University - Law School
Downloads 842 (30,777)
Citation 1

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legal precedent, judicial reasoning, rule-based precedent, legal decision making

15.

Self-Defense

THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., Routledge Philosophy Companions, Forthcoming, San Diego Legal Studies Paper No. 11-065
Number of pages: 31 Posted: 08 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 807 (32,627)

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self-defense, culpable aggressor, innocent aggressor, retreat, proportionality

16.

What are Principles, and Do They Exist?

San Diego Legal Studies Paper No. 13-119
Number of pages: 16 Posted: 13 Jun 2013
Larry Alexander
University of San Diego School of Law
Downloads 770 (34,738)

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principles, rules, standards

17.

Demystifying Legal Reasoning: Part Ii

Demystifying Legal Reasoning, Forthcoming, Cornell Legal Studies Research Paper No. 06-002
Number of pages: 195 Posted: 13 Jan 2006
Larry Alexander and Emily L. Sherwin
University of San Diego School of Law and Cornell University - Law School
Downloads 742 (36,555)
Citation 1

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18.

Law and Formalism

San Diego Legal Studies Paper No. 07-18, On Line Journal of the Law Faculty of Torcuato di Tella University, Buenos Aires, Argentina, Forthcoming
Number of pages: 39 Posted: 19 Oct 2005
Larry Alexander
University of San Diego School of Law
Downloads 712 (38,658)

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rules v standards, settlement function, coordination

19.

Constitutional Rules, Constitutional Standards, and Constitutional Settlement: Marbury V. Madison and the Case for Judicial Supremacy

Number of pages: 13 Posted: 25 Sep 2003
Larry Alexander
University of San Diego School of Law
Downloads 662 (42,635)
Citation 4

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Marbury v. Madison, Aaron v. Cooper, judicial review, consititutional law

20.

Is that English You're Speaking? Some Arguments for the Primacy of Intent in Interpretation

Number of pages: 33 Posted: 25 Sep 2003
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 643 (44,349)
Citation 3

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textualism, conceptualism, actual meaning, intended meaning, legal texts

21.

Simple-Minded Originalism

San Diego Legal Studies Paper No. 08-067
Number of pages: 13 Posted: 19 Aug 2008
Larry Alexander
University of San Diego School of Law
Downloads 611 (47,408)
Citation 3

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Adler & Bix, legal philosophy and jurisprudence, constitutional interpretation

22.

What are Constitutions, and What Should (and Can) They Do?

Social Philosophy & Policy, Vol. 28, 2010, San Diego Legal Studies Paper No. 10-005
Number of pages: 39 Posted: 15 Jan 2010
Larry Alexander
University of San Diego School of Law
Downloads 521 (58,138)

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constitution, validity, entrenchment, rights, principles, interpretation, morality, structures, judicial review

23.

Academic Freedom

University of Colorado Law Review, 2006, San Diego Legal Studies Paper No. 07-38
Number of pages: 23 Posted: 09 Mar 2006
Larry Alexander
University of San Diego School of Law
Downloads 510 (59,660)

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academic freedom, identity politics, post modernism

24.

Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation

Number of pages: 14 Posted: 27 Oct 2002
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 476 (65,078)
Citation 2

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25.

Law and Philosophy at Odds

ON LAW AND PHILOSOPHY IN AMERICA, Francis J. Mootz, III, ed., Cambridge U. Press, 2008, Cornell Legal Studies Research Paper No. 07-007
Number of pages: 19 Posted: 23 May 2007
Larry Alexander and Emily L. Sherwin
University of San Diego School of Law and Cornell University - Law School
Downloads 410 (77,890)

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26.

Judicial Review and Moral Rights

Queen's Law Journal, 2007, San Diego Legal Studies Paper No. 07-106
Number of pages: 20 Posted: 29 Aug 2007
Larry Alexander
University of San Diego School of Law
Downloads 406 (78,780)

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judicial review, moral rights, constitution

27.

The Ontology of Consent

Analytic Philosophy, 2014 Forthcoming, San Diego Legal Studies Paper No. 14-137
Number of pages: 13 Posted: 14 Jan 2014
Larry Alexander
University of San Diego School of Law
Downloads 385 (83,768)
Citation 1

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consent, coercion, informed consent

28.

The Jurisdiction of Justice: Two Conceptions of Political Morality

Number of pages: 19 Posted: 25 Sep 2003
Larry Alexander
University of San Diego School of Law
Downloads 378 (85,589)
Citation 2

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normative theory, moral obligations, legal philosophy

29.

What is Freedom of Association, and What is its Denial?

Social Philosophy and Policy, Vol. 25, No. 2, 2008, San Diego Legal Studies Paper No. 08-025
Number of pages: 2 Posted: 23 Aug 2007
Larry Alexander
University of San Diego School of Law
Downloads 375 (86,367)

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freedom of association

30.

Confused Culpability, Contrived Causation, and the Collapse of Tort Theory

Philosophical Foundations of the Law of Torts (2014), San Diego Legal Studies Paper No. 13-114
Number of pages: 32 Posted: 27 Mar 2013
Larry Alexander and Kimberly Kessler Ferzan
University of San Diego School of Law and University of Virginia, School of Law
Downloads 371 (87,442)

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tort, causation, counterfactual dependence, negligence, strict liability

31.

Compelled Speech

Constitutional Commentary, 2006, San Diego Legal Studies Paper No. 07-51
Number of pages: 21 Posted: 01 Aug 2006
Larry Alexander
University of San Diego School of Law
Downloads 369 (88,007)
Citation 1

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compelled speech, freedom of belief, autonomy

32.

Constitutional Theories: A Taxonomy and (Implicit) Critique

San Diego Legal Studies Paper No. 13-120
Number of pages: 26 Posted: 13 Jun 2013
Larry Alexander
University of San Diego School of Law
Downloads 349 (93,815)

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originalism, moral theory, political theory, modalities

33.

Was Dworkin an Originalist?

The Legacy of Ronald Dworkin, Oxford University Press, Forthcoming, San Diego Legal Studies Paper No. 15-185
Number of pages: 33 Posted: 11 Mar 2015
Larry Alexander
University of San Diego School of Law
Downloads 320 (103,339)

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originalism, law, positivism, natural law, obligation, principle, semantic intent

34.

Legal Positivism and Originalist Interpretation

Revista Argentina de Teoria Juridica. 2015 Forthcoming, San Diego Legal Studies Paper No. 15-200
Number of pages: 25 Posted: 18 Nov 2015
Larry Alexander
University of San Diego School of Law
Downloads 314 (105,428)

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positivism, originalism, intended meaning, public meaning, rules, principles, standards, concepts, legal philsosophy (jurisprudence)

35.

The Misconceived Search for the Meaning of 'Speech' in Freedom of Speech

Downloads 310 (106,892)
Citation 1

The Misconceived Search for the Meaning of 'Speech' in Freedom of Speech

San Diego Legal Studies Paper No. 14-173
Number of pages: 7 Posted: 21 Nov 2014
Larry Alexander
University of San Diego School of Law
Downloads 197 (168,342)

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speech, conduct, symbols, purpose, value

The Misconceived Search for the Meaning of 'Speech' in Freedom of Speech

Open Journal of Philosophy, 5, 39-42, 2015, San Diego Legal Studies Paper No. 15-184
Number of pages: 6 Posted: 11 Mar 2015
Larry Alexander
University of San Diego School of Law
Downloads 113 (266,840)

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Speech, Symbolic Speech, Low Value Speech, Governmental Purpose

36.

Telepathic Law

Constitutional Commentary, 2010, San Diego Legal Studies Paper No. 10-006
Number of pages: 9 Posted: 15 Jan 2010
Larry Alexander
University of San Diego School of Law
Downloads 299 (111,242)

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interpretation, originalism, authority

37.

Reports of the Nondelegation Doctrine's Death are Greatly Exaggerated

University of Chicago Law Review, Vol. 70, No. 1297, 2003
Number of pages: 33 Posted: 25 Sep 2003 Last Revised: 23 Oct 2016
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 298 (111,625)

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constitutional law, balance of power, nondelegation, legislative power

38.

Is There a Case for Strict Liability?

San Diego Legal Studies Paper No. 17-281
Number of pages: 24 Posted: 28 Apr 2017
Larry Alexander
University of San Diego School of Law
Downloads 290 (114,922)
Citation 1

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strict liability, retributivism, deterrence, negligence, torts

39.

Voluntary Enslavement

San Diego Legal Studies Paper No. 10-042
Number of pages: 17 Posted: 28 Oct 2010
Larry Alexander
University of San Diego School of Law
Downloads 281 (118,853)

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slavery, peonage, undentured servitude, specific performance, paternalism

40.

Is Wrongful Discrimination Really Wrong?

San Diego Legal Studies Paper No. 17-257
Number of pages: 14 Posted: 01 Feb 2017
Larry Alexander
University of San Diego School of Law
Downloads 277 (120,633)
Citation 2

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discrimination, stereotypes, prejudice, insult, social meaning, freedom, bottleneck

41.

Scalar Properties, Binary Judgments

San Diego Legal Studies Paper No. 07-19
Number of pages: 34 Posted: 19 Oct 2005
Larry Alexander
University of San Diego School of Law
Downloads 275 (121,533)
Citation 3

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threshold deontology, informed consent, preemptive strike, burdens of sacrifice, consequentialism, coercion, duties of rescue, equality

42.

Ripstein, Reasonableness, and Objectivity

Number of pages: 29 Posted: 21 Oct 2001
Larry Alexander
University of San Diego School of Law
Downloads 274 (121,997)

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43.

Precedential Constraint, its Scope and Strength: A Brief Survey of the Possibilities and Their Merits

ON THE PHILOSOPHY OF PRECEDENT, T. Bustamante, et al, eds., Forthcoming, San Diego Legal Studies Paper No. 11-070
Number of pages: 13 Posted: 09 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 273 (122,457)

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precedent, rule model, result model, overruling

44.

The Means Principle

Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore, K. K. Ferzan and S.J. Morse, editors, Oxford Univ. Press, 2014, San Diego Legal Studies Paper No. 14-138
Number of pages: 68 Posted: 15 Jan 2014 Last Revised: 16 May 2019
Larry Alexander
University of San Diego School of Law
Downloads 270 (123,830)

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Deontology, Consequentialism, Using as a Means

45.

Grutter or Otherwise: Racial Preferences and Higher Education

21 Constitutional Commentary 3 (2004)
Number of pages: 13 Posted: 15 Jun 2020 Last Revised: 18 Jun 2020
Larry Alexander and Maimon Schwarzschild
University of San Diego School of Law and University of San Diego School of Law
Downloads 268 (124,867)

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affirmative action, consitutional law, racial preferences, ethnic preferences, higher education, admissions

46.

Against Equality

San Diego Legal Studies Paper No. 17-255
Number of pages: 7 Posted: 02 Feb 2017 Last Revised: 18 Feb 2019
Larry Alexander
University of San Diego School of Law
Downloads 251 (133,643)

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Equality, Wealth, Safety Net, Equality before the Law, Repression, Non-Material Inequalities

47.

Can Self-Defense Justify Punishment?

Law and Philosophy, Forthcoming, San Diego Legal Studies Paper No. 12-093
Number of pages: 22 Posted: 02 Sep 2012
Larry Alexander
University of San Diego School of Law
Downloads 232 (144,459)

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crime, desert, punishment, self-defense, attempts, use as a means

48.

Culpability

OXFORD HANDBOOK OF THE PHILOSOPHY OF THE CRIMINAL MIND, John Deigh and Stuart Green, eds., 2008, San Diego Legal Studies Paper No. 08-060
Number of pages: 35 Posted: 19 Aug 2008
Larry Alexander
University of San Diego School of Law
Downloads 231 (145,062)

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culpability, retributivism, desert, recklesness, omissions, purpose, knowledge, negligence, intention

49.

Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering

San Diego Legal Studies Paper No. 08-031, William & Mary Law Review, Forthcoming
Number of pages: 42 Posted: 26 Jun 2008
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 221 (151,347)

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gerrymandering, districting, vote dilution

50.

Risk and Inchoate Crimes: Retribution or Prevention?

SEEKING SECURITY: PRE-EMPTYING THE COMMISSION OF CRIMINAL HARMS, Forthcoming, San Diego Legal Studies Paper No. 11-064
Number of pages: 28 Posted: 09 Sep 2011
Larry Alexander and Kimberly Kessler Ferzan
University of San Diego School of Law and University of Virginia, School of Law
Downloads 210 (158,718)

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risk, culpability, inchoate crimes, prevention

51.

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

Downloads 202 (164,560)

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

Constitutional Commentary, Forthcoming, San Diego Legal Studies Paper No. 10-029
Number of pages: 19 Posted: 14 Aug 2010
Larry Alexander
University of San Diego School of Law
Downloads 109 (273,818)

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prior restraint, overbreadth, as applied, facial invalidity

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

Constitutional Commentary, Forthcoming, San Diego Legal Studies Paper No. 11-048
Number of pages: 19 Posted: 27 Jan 2011
Larry Alexander
University of San Diego School of Law
Downloads 93 (305,073)

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First Amendment, Overbreadth, Vagueness, Prior Restraint, As Applied, Facial

52.

Recipe for a Theory of Self-Defense: The Ingredients, and Some Cooking Suggestions

The Ethics of Self-Defense (OUP); C. Loons and M. Weber, eds. Bowling Green State University (2014), San Diego Legal Studies Paper No. 13-121
Number of pages: 42 Posted: 13 Jun 2013
Larry Alexander
University of San Diego School of Law
Downloads 201 (165,351)

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self-defense, defense of others, duress, culpability, agent-relative, lesser evils, use as means

53.

The Method of Text and ?: Jack Balkin’s Originalism with No Regrets

University of Illinois Law Review, Forthcoming, San Diego Legal Studies Paper No. 11-067
Number of pages: 16 Posted: 09 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 200 (166,127)

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originalism, rule, standard, principle, jurisprudence, constitutional interpretation

54.

Rules, Rights, Options, and Time

Number of pages: 18 Posted: 04 May 2000
Larry Alexander
University of San Diego School of Law
Downloads 196 (169,318)

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55.

Is Freedom of Expression a Universal Right?

San Diego Law Review, 2013, San Diego Legal Studies Paper No. 13-110
Number of pages: 18 Posted: 27 Mar 2013
Larry Alexander
University of San Diego School of Law
Downloads 192 (172,445)

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freedom of expression, control regulation, free speech

56.

Race Matters

29 Constitutional Commentary 31 (2013)
Number of pages: 28 Posted: 27 Mar 2013 Last Revised: 18 Jun 2020
Larry Alexander and Maimon Schwarzschild
University of San Diego School of Law and University of San Diego School of Law
Downloads 190 (174,111)

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affirmative action, reparations, profiling, hate speech, hate crimes, discrimination

57.

Originalism, the Why and the What

Fordham Law Review, 2013, San Diego Legal Studies Paper No. 13-111
Number of pages: 9 Posted: 27 Mar 2013
Larry Alexander
University of San Diego School of Law
Downloads 189 (174,951)

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originalism, intended meaning, authority, interpretation

58.

Michael Moore and the Mysteries of Causation in the Law

Rutgers Law Journal, Forthcoming, San Diego Legal Studies Paper No. 11-063
Number of pages: 19 Posted: 09 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 189 (174,951)
Citation 1

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causation, counterfactual dependence, scalar

59.

The Objectivity of Morality, Rules and Law: A Conceptual Map

Alabama Law Review, 2013, San Diego Legal Studies Paper No. 13-112
Number of pages: 24 Posted: 27 Mar 2013
Larry Alexander
University of San Diego School of Law
Downloads 177 (185,516)

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objectivity, metaethics, morality, interpretation, rules, standards, principles, Wittgenstein, jurisprudence, legal theory, interpretation

60.

How to Understand Legislatures: A Comment on Boudreau, Lupia, Mccubbins, and Rodriguez

San Diego Law Review, Vol. 44, No. 4, 2007, San Diego Legal Studies Paper No. 07-122
Number of pages: 10 Posted: 10 Oct 2007
Larry Alexander
University of San Diego School of Law
Downloads 171 (191,125)

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statutes, interpretation

61.

Yaffe on Attempts

Legal Theory, 2014, Forthcoming, San Diego Legal Studies Paper No. 13-113
Number of pages: 18 Posted: 27 Mar 2013
Larry Alexander
University of San Diego School of Law
Downloads 165 (197,075)

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attempts, legal impossibility, factual impossibility, criminal law

62.

Danger: The Ethics of Preemptive Action

Ohio State Journal of Criminal Law, Forthcoming, San Diego Legal Studies Paper No. 11-074
Number of pages: 44 Posted: 09 Sep 2011
Larry Alexander and Kimberly Kessler Ferzan
University of San Diego School of Law and University of Virginia, School of Law
Downloads 163 (199,107)
Citation 1

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inchoate crimes, incomplete attempts, responsible actors, prevention culpability

63.

Brexit and the Future of Liberal Democracy

San Diego Legal Studies Paper No. 17-254
Number of pages: 4 Posted: 02 Feb 2017
Larry Alexander
University of San Diego School of Law
Downloads 156 (206,663)

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Self-Government, Bureaucratic Rule, Remote Rule, Multiculturalism

64.

Delegation Really Running Riot

San Diego Legal Studies Paper No. 07-54
Number of pages: 33 Posted: 02 Aug 2006
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 143 (221,980)
Citation 2

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delegation, necessary and proper, congress

65.

Law and Politics: What Is their Relation?

Harvard Journal of Law and Public Policy, Vol. 42, No. 1, 2018, San Diego Legal Studies Paper No. 19-412
Number of pages: 10 Posted: 06 Sep 2019
Larry Alexander
University of San Diego School of Law
Downloads 136 (231,032)

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Law, Politics, Rules, Standards, Interpretation

66.

When are We Rightfully Aggrieved?: A Comment on Postema

Legal Theory, Vol. 11, 2005, San Diego Legal Studies Paper No. 07-02
Number of pages: 15 Posted: 22 Sep 2005
Larry Alexander
University of San Diego School of Law
Downloads 134 (233,885)

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paternalism, legal moralism, offense, harm principle, limits of the criminal law

67.

What’s Inside and Outside the Law?

Law and Philosophy, Forthcoming, San Diego Legal Studies Paper No. 11-068
Number of pages: 35 Posted: 09 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 129 (240,778)

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delegation, mistake of law, state action, jurisprudence, constitutional law

68.

Free Speech and 'Democratic Persuasion': A Response to Brettschneider

The Philosophical Foundations of Human Rights, M. Liao, M. Renzo, R. Craft, eds. OUP (2013), San Diego Legal Studies Paper No. 13-122
Number of pages: 16 Posted: 13 Jun 2013
Larry Alexander
University of San Diego School of Law
Downloads 121 (252,742)
Citation 1

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freedom of speech

69.

Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation

Legal Theory, Vol. 16, 2010, San Diego Legal Studies Paper No. 10-028
Number of pages: 21 Posted: 12 Aug 2010
Larry Alexander
University of San Diego School of Law
Downloads 121 (252,742)

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liberalism, harm, offense, moralism, aesthetic

70.

You Got What You Deserved

Criminal Law and Philosophy (Forthcoming), San Diego Legal Studies Paper No. 12-085
Number of pages: 19 Posted: 25 Apr 2012
Larry Alexander
University of San Diego School of Law
Downloads 115 (262,225)
Citation 1

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consent, inculpatory mistakes, exculpatory mistakes, punishment

71.

Constitutionalism

Forthcoming, Encyclopedia of the Philosophy of Law and Social Philosophy, M. Sellers, et al., eds. , San Diego Legal Studies Paper No. 19-413 (2019)
Number of pages: 11 Posted: 06 Sep 2019
San Diego Legal Studies RPS Submitter and Larry Alexander
University of San Diego School of Law and University of San Diego School of Law
Downloads 113 (265,561)

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Rules, Standards, Entrenchment, Rights, Revolution, Settlement

72.

The Most Persuasive Frankfurt Example, and What It Shows: Or Why Determinism Is not the Greatest Threat to Moral Responsibility

Downloads 112 (267,222)

The Most Persuasive Frankfurt Example, and What It Shows: Or Why Determinism Is not the Greatest Threat to Moral Responsibility

San Diego Legal Studies Paper No. 19-416
Number of pages: 6 Posted: 09 Oct 2019
San Diego Legal Studies RPS Submitter and Larry Alexander
University of San Diego School of Law and University of San Diego School of Law
Downloads 67 (371,402)

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Libertarian, Moral responsibility, Normativity, Reasons

The Most Persuasive Frankfurt Example, and What It Shows: Or Why Determinism Is Not the Greatest Threat to Moral Responsibility

4 Open Journal of Philosophy 2014, San Diego Legal Studies Paper No. 14-157
Number of pages: 4 Posted: 16 May 2014
Larry Alexander
University of San Diego School of Law
Downloads 45 (449,427)

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free will, reasons, responsibility, alternative possibilities, normativity

73.

Aggregating States of Mind: A Response to Fallon

San Diego Legal Studies Paper No. 17-258
Number of pages: 21 Posted: 15 Feb 2017
Larry Alexander
University of San Diego School of Law
Downloads 109 (272,370)

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Aggregation, Mental States, Multimember, Equal Protection, Interpretation, Ambiguity, Diachronic, Synchronic

74.

Hard Incompatibilism, and the Rejection of Moral Responsibility: A Skeptical Look at an Optimistic Account

San Diego Legal Studies Paper No. 17-259
Number of pages: 7 Posted: 22 Feb 2017 Last Revised: 24 Apr 2018
Larry Alexander
University of San Diego School of Law
Downloads 106 (277,673)

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Incompatibilism; Desert; Blame; Punishment; Morality; Determinism

75.

Ignorance as a Legal Excuse

Perspectives on Ignorance from Moral and Social Philosophy. Edited by Rik Peels. pp. 205-216, 2017, San Diego Legal Studies Paper No. 17-288
Number of pages: 16 Posted: 14 Jun 2017
Larry Alexander
University of San Diego School of Law
Downloads 97 (294,696)

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Criminal Law, Exculpatory Ignorance, Mens Rea

76.

Redish on Freedom of Speech

Northwestern University Law Review, Vol. 107, No. 2, 2013, San Diego Legal Studies Paper No. 13-108
Number of pages: 11 Posted: 27 Mar 2013
Larry Alexander
University of San Diego School of Law
Downloads 92 (304,865)

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freedom of speech, autonomy, incitement

77.

Causing the Conditions of One's Defense: A Theoretical Non-Problem

Criminal Law and Philosophy (Forthcoming), San Diego Legal Studies Paper No. 12-086
Number of pages: 11 Posted: 25 Apr 2012
Larry Alexander
University of San Diego School of Law
Downloads 91 (306,947)

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provocation, self-defense, justification

78.

Disparate Impact: Fairness or Efficiency?

San Diego Law Review, Forthcoming, San Diego Legal Studies Paper No. 12-092
Number of pages: 9 Posted: 02 Sep 2012
Larry Alexander
University of San Diego School of Law
Downloads 77 (339,799)

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discrimination, disparate impact, business necessity, efficiency

79.

Other People's Errors

Ethical Theory and Moral Practice (2013) 16:1049-1059, San Diego Legal Studies Paper No. 14-139
Number of pages: 12 Posted: 15 Jan 2014
Larry Alexander
University of San Diego School of Law
Downloads 75 (344,953)

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reliance, misinterpretation, blackmail, morality, self-defense, rules, pre-emption

80.

Duff on Attempts

CRIME, PUNISHMENT AND RESPONSIBILITY: THE JURISPRUDENCE OF ANTHONY DUFF, Rowan Cruft, Matthew H. Kramer and Mark R. Reiff, eds., Oxford University Press, September 2011, San Diego Legal Studies Paper No. 11-069
Number of pages: 37 Posted: 09 Sep 2011
Larry Alexander
University of San Diego School of Law
Downloads 75 (344,953)

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attempts, riskings, impossibility, abandonment

81.

Free Speech and Speaker's Intent: A Reply to Kendrick

115 Columbia Law Review Sidebar 1 (2015), San Diego Legal Studies Paper No. 15-183
Number of pages: 4 Posted: 11 Mar 2015
Larry Alexander
University of San Diego School of Law
Downloads 71 (355,623)

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speech, chilling effect, intent, incitement, defamation, mens rea

82.

Fish on Academic Freedom: A Merited Assault on Nonsense, But Perhaps a Bridge Too Far

9 Florida International University Law Review, 2014, San Diego Legal Studies Paper No. 14-156
Number of pages: 10 Posted: 16 May 2014
Larry Alexander
University of San Diego School of Law
Downloads 60 (388,024)

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academic freedom, postmodernism, disciplinary standards

83.

The Constitutional Limits of Chevron Deference: Meaning Versus Policy

San Diego Legal Studies Paper No. 18-359
Number of pages: 10 Posted: 11 Sep 2018
Larry Alexander
University of San Diego School of Law
Downloads 56 (401,318)

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ambiguity; vagueness; policymaking; interpretation; Chevron

84.

Retributive Justice

Oxford Handbook of Distributive Justice, S. Olsaretti, ed. (August, 2018), San Diego Legal Studies Paper No. 19-411 (2019)
Number of pages: 35 Posted: 09 Sep 2019
Larry Alexander
University of San Diego School of Law
Downloads 48 (429,544)

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retributive justice, distributive justice, negative desert, positive desert, comparative justice, noncomparative justice

85.

The Need to Attend to Probabilities (for Purposes of Self-Defense and Other Preemptive Actions)

San Diego Legal Studies Paper No. 17-256
Number of pages: 6 Posted: 01 Feb 2017
Larry Alexander
University of San Diego School of Law
Downloads 44 (444,957)
Citation 1

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preemtive action, culpability, justification, excuse, necessity, probability

86.

What to Do in a World Full of Risks: Three Issues

San Diego Legal Studies Paper No. 20-463
Number of pages: 18 Posted: 10 Aug 2020
Larry Alexander
University of San Diego School of Law
Downloads 36 (524,453)

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risk, pre-emptive acts, use as a means, deontological thresholds, recklessness, defense of others, duties to acquire information

87.

Appreciation and Responses

Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (H. Hurd, ed. 2018), San Diego Legal Studies Paper No. 19-409
Number of pages: 79 Posted: 06 Sep 2019 Last Revised: 13 Sep 2019
Larry Alexander
University of San Diego School of Law
Downloads 34 (488,343)

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Judicial Review, Originalism, Authory, Deontology, Duress, Justification, Punishment

88.

Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence

SMU Law Review, Forthcoming, San Diego Legal Studies Paper No. 19-405 (2019)
Number of pages: 13 Posted: 06 Sep 2019
Larry Alexander
University of San Diego School of Law
Downloads 33 (493,128)

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Clear and Present Danger, Imminence, Content Neutrality, Incitement, Intent

89.

Connecting the Rule of Recognition and Intentionalist Interpretation: An Essay in Honor of Richard Kay

52 Conn. L. Rev. (forthcoming 2020), San Diego Legal Studies Paper No. 19-407 (2019)
Number of pages: 20 Posted: 06 Sep 2019 Last Revised: 06 Aug 2020
Larry Alexander
University of San Diego School of Law
Downloads 23 (548,402)

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Rule of recognition, Intended meanings, Validity, Revolution, Constituent authority

90.

Goldsworthy on Interpretation of Statutes and Constitutions: Public Meaning, Intended Meaning and the Bogey of Aggregation

Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy, 2019, San Diego Legal Studies Paper No. 19-408 (2019)
Number of pages: 9 Posted: 06 Sep 2019
Larry Alexander
University of San Diego School of Law
Downloads 21 (560,977)

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Objective Intentionalism, Subjective Intentionalism, Conventional Meanings, Originalism, Aggregation

91.

Deontological Constraints in a Consequentialist World: A Comment on Law, Economics and Morality

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Deontological Constraints in a Consequentialist World: A Comment on Law, Economics and Morality

Jerusalem Review of Legal Studies, Forthcoming, San Diego Legal Studies Paper 11-071
Posted: 10 Sep 2011
Larry Alexander
University of San Diego School of Law

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deontology, threshold deontology, consequentialism

Deontological Constraints in a Consequentialist World: A Comment on Law, Economics, and Morality

Jerusalem Review of Legal Studies, Vol. 3, p. 75, 2011
Posted: 31 Oct 2011
Larry Alexander
University of San Diego School of Law

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Larry Alexander, Law, Economics, and Morality, Zamir, Medina

92.

Is There a Right of Freedom of Expression

Larry Alexander, IS THERE A RIGHT OF FREEDOM OF EXPRESSION, Cambridge University Press, 2005, San Diego Legal Studies Paper No. 07-23
Posted: 30 Nov 2005
Larry Alexander
University of San Diego School of Law

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