•  1
    Methodology in Free Speech Theory
    Virginia Law Review 97 (3): 549-558. 2011.
  •  11
    Developments in the Law–DNA Evidence and the Criminal Defense
    Harvard Law Review 108 (1): 1557-1582. 1995.
  •  35
    Promise?
    In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law, Routledge. 2012.
  •  445
    Reply to Critics
    Constitutional Commentary 27 (2): 417-438. 2011.
  •  16
    Inducing Moral Deliberation: On the Occasional Virtues of Fog
    Harvard Law Review 123 (5): 1214-1246. 2010.
  •  128
    Speech Matters: On Lying, Morality, and the Law
    Princeton University Press. 2014.
    To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception.…Read more
  •  442
    A Thinker-Based Approach to Freedom of Speech
    Constitutional Commentary 27 (2): 283-307. 2011.
  •  33
  •  979
    The Story of West Virginia Board of Education v. Barnette
    with Vincent Blasi
    In Michael Dorf (ed.), Constitutional Law Stories, 2nd ed., Foundation Press. 2009.
  •  25
    Must I Mean What You Think I Should Have Said?
    Virginia Law Review 98 (1): 159-176. 2012.
  •  47
    Promising, Intimate Relationships, and Conventionalism
    Philosophical Review 117 (4): 481-524. 2008.
    The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions.Oth…Read more
  •  10
  •  413
    Speech, Death, and Double Effect
    NYU Law Review 78 (3): 1135-1185. 2003.
  •  476
    Intellectual Property
    In Robert E. Goodin, Philip Pettit & Thomas Pogge (eds.), A Companion to Contemporary Political Philosophy, Blackwell. 2007.
    Intellectual property theory grapples with intriguing questions about the political and personal significance of our mental labour and creativity, the metaphysics of art and expression, the justifications for private property, and conflicts between property and free expression rights. This chapter begins with an introduction to the nature of intellectual property, comparing intellectual property to physical property. It continues with an overview of some arguments for, and criticisms of, the leg…Read more
  • Seana Valentine Shiffrin
    Legal Theory 5 (2): 117-148. 1999.
  •  27
    Compelled Association, Morality, and Market Dynamics
    Loyola of Los Angeles Law Review 41 (1): 317-328. 2007.
  •  412
    What Is Really Wrong With Compelled Association?
    Northwestern University Law Review 99 (2): 839-888. 2005.
  •  246
  •  241
    Harm and Its Moral Significance
    Legal Theory 18 (3): 357-398. 2012.
    Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail …Read more
  •  333
    Promising, intimate relationships, and conventionalism
    Philosophical Review 117 (4): 481-524. 2008.
    The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Ot…Read more
  •  14
    Are Credit Card Late Fees Unconstitutional?
    William and Mary Bill of Rights Journal 15 (2): 457-500. 2006.
  •  9
    Introduction
    In Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 1-4. 2014.