•  86
    Conflict of laws
    In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, Blackwell. 1996.
    This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and modernist choice of law, which inspired…Read more
  •  46
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts…Read more
  •  14
    This article appeared in Raven, a journal devoted to vexillology, the scholarly study of flags. In recent years, vexillologists have become increasingly interested in developing criteria for judging the aesthetic quality of particular flag designs. My article gently critiques one such effort - titled "Good Flag, Bad Flag" - for proposing a set of overly simple, dogmatic, rules of flag design. It proposes, instead, a more subtle and historically sensitive approach to the study of flag design and …Read more
  •  14
    Flags in Context: A Discussion of Design, Genre, and Aesthetics
    Raven: A Journal of Vexillology 15 43-80. 2008.
    The Association’s 2006 publication of its flag-design manual Good Flag, Bad Flag inspired a lengthy analysis and critique of its meaning, importance, and limitations, arguing for a more expansive view of flag design. This paper received the Driver Award in 2007.
  •  13
    This entry in the Encyclopedia of the Supreme Court of the United States (David S. Tanenbaus, Editor-in-Chief) discusses the landmark decision in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). Barnette held that students have a constitutional right to refuse to salute the flag or recite the pledge of allegiance. The case marks an important moment in free speech jurisprudence and in the Supreme Court's treatment of the relationship between individual conscience and the s…Read more
  •  6
    Pluralities of justice, modalities of peace: The role of law(s) in a palestinian-israeli accommodation
    Case Western Reserve Journal of International Law 32 273-285. 2000.
    This Article was written during the last days of Bill Clinton’s presidency as negotiations toward an Israeli-Palestinian settlement seemed to be on track toward some sort of agreement. The Article responds to the argument made by Professor John Quigley that certain elements of the anticipated compromises on such issues as borders, settlements, displaced persons, and Jerusalem would violate Palestinian rights under international law that were beyond the power of the Palestinian authorities to neg…Read more
  •  3
    Take these words: The abiding lure of the hebrew bible in-itself
    Hebraic Political Studies 4 230-265. 2009.
    The Hebrew Bible is the shared canonical text of Judaism and Christianity. It might even be the central common text of Western civilization. Yet this collection of books is also remarkable for the degree to which its meaning and authority for both believing Christians and believing Jews is so thoroughly embedded in, and even superseded by, later texts - the New Testament for Christians and the rabbinic corpus for Jews. Nevertheless, over the centuries, in various places and against the backdrop …Read more
  •  2
    Sad time: Thoughts on jurisdictionality, the legal imagination, and Bowles V. Russell
    Northwestern University Law Review Colloquy 102. 2008.
    This short essay comments on the United States Supreme Court's recent decision in Bowles v. Russell, 127 S. Ct. 2360 (2007), and on Professor Scott Dodson's critique of Bowles at 102 Nw. U. L. Rev. Colloquy 42 (2007). The majority in Bowles held that the federal statutory time limit for the filing of appeals is jurisdictional, and must therefore be enforced literally and mercilessly. The dissent argued that the time limit is not jurisdictional, and need not be enforced literally and mercilessly.…Read more