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387The Story of West Virginia Board of Education v. BarnetteIn Michael Dorf (ed.), Constitutional Law Stories, 2nd ed., Foundation Press. 2009.
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30Autonomy, beneficence, and the permanently dementedIn Justine Burley (ed.), Dworkin and His Critics: With Replies by Dworkin. Philosophers and their Critics, Wiley-blackwell. 2004.
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21Old Enough to Carry, Old Enough to VoteJournal of Applied Philosophy. forthcoming.Japa Pallikkathayil persuasively argues that abortion prohibitions treat impregnable people as less than equal citizens, subject to different treatment than other citizens whose bodies are protected from compulsory service for the benefit of others. Pallikkathayil's argument could be modified to avoid a tension with arguments for conscription, to stress that democratic equality is inconsistent with requisitioning a citizen's body to serve the needs of another specific citizen. Pallikkathayil als…Read more
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1The Norton introduction to philosophy (edited book)W.W. Norton & Company. 2018.Philosophy made accessible for introductory students.
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593The Story of West Virginia Board of Education v. BarnetteIn Michael Dorf (ed.), Constitutional Law Stories, 2nd ed., Foundation Press. 2009.
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35Reliance arguments, democratic law, and inequityJurisprudence 14 (3): 317-347. 2023.The reversal of Roe v. Wade raises the prospect that other due process guarantees upon which individuals have organised their lives, including the constitutional rights to same-sex intimacy and marriage, will be overturned. These potential upheavals in the hard-won legal infrastructure of basic social status call for a careful look at reliance arguments for sustaining constitutional precedent. When does reliance on a judicial decision provide reason for a court to sustain a precedent in the face…Read more
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59The Norton Introduction to Philosophy (edited book)W. W. Norton. 2015.Edited by a team of four leading philosophers, The Norton Introduction to Philosophy introduces students to contemporary perspectives on major philosophical issues and questions. This text features an impressive array of readings, including 25 specially-commissioned essays by prominent philosophers. A student-friendly presentation, a handy format, and a low price make The Norton Introduction to Philosophy as accessible and affordable as it is up-to-date.
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21Autonomy, Beneficence, and the Permanently DementedIn Justine Burley (ed.), Dworkin and His Critics: With Replies by Dworkin. Philosophers and their Critics, Wiley-blackwell. 2004.This chapter contains section titled: I II III Acknowledgement.
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22The Tanner Lectures on Human Values (edited book)The University of Utah Press. 2018.Volume 39 of the Tanner Lectures on Human Values includes lectures initially scheduled during the academic year 2019-2020. Owing to the global coronavirus pandemic, some were delivered at a later date. The Tanner Lectures are published in an annual volume. In addition to permanent lectures at nine universities, the Tanner Lectures on Human Values funds special one-time lectures at selected higher educational institutions in the United States and around the world.
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Speaking amongst ourselves: democracy and law. Lecture I. Democratic law ; Lecture II. Common and constitutional law: a democratic legal perspective (review)In Rosa Braidotti, Radhika Coomaraswamy, Richard Kraut, Dorothy E. Roberts, Seana Valentine Shiffrin, Melanne Verveer & Mark Matheson (eds.), The Tanner Lectures on Human Values, The University of Utah Press. 2018.
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39Democratic LawOxford University Press. 2021.The book defends the intimate connection between democracy and law by focusing on how democracy permits us to be co-authors of our common community through the use of law. It argues that democratically forged laws are articulate public commitments we make to one another and they are uniquely capable of conveying our mutual respect for one another. For this reason, democratic law is morally imperative and morally inspirational.
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45Burdens on deliberative freedomJurisprudence 12 (4): 575-578. 2021.Sophia Moreau contends that an important dimension of the wrong of discrimination lies in burdens on deliberative freedom.1 Discrimination may burden deliberative freedom by limiting or otherwise b...
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Egalitarianism, Choice-Sensitivity, and AccomodationIn R. Jay Wallace, Philip Pettit, Samuel Scheffler & Michael Smith (eds.), Reason and Value: Themes From the Moral Philosophy of Joseph Raz, Clarendon Press. 2004.
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7Death and Whom to Save from It, vol. 1 of Morality, Mortality (review)Philosophical Review 104 (3): 479-481. 1995.
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57Back-door Lies and Promising under CoercionMind. forthcoming.I’m grateful to Professors Langton and Owens for their probing comments and to Mind for providing the occasion for this exchange. Both Langton and Owens helpfully push me to tackle interesting problems that I did not wrestle with in the book. I am game to try to answer them, but some of my responses are tentative and roughly hewn, offered more in the spirit of exploratory conversation than firm conviction.
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34Lying, Reciprocity, and Free Speech – A Reply to Eight CriticsLaw and Philosophy 38 (5-6): 555-597. 2019.In this article, I reply to eight critics of my book Speech Matters: On Lying, Morality, and the Law. The topics include lying, promising, reciprocity, free speech, and the testimonial duties of institutions.
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70I—Learning about Deception from LawyersAristotelian Society Supplementary Volume 93 (1): 69-90. 2019.Legal domains concerned with deception often recognize and regulate cases of negligent deception. The philosophical discussion of deception should follow suit, shifting from an exclusive focus on deception-as-wrongful-manipulation to a broader panorama that includes negligent deception and contemplates cases in which negligent deception may be wrong even when intentional deception about the same information may be permissible. Interesting philosophical questions then arise about what distinguish…Read more
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436Lockean Theories of Intellectual PropertyIn Stephen R. Munzer (ed.), New Essays in the Political Theory of Property, Cambridge Univ. Press. 2001.
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449Promising, intimate relationships, and conventionalismPhilosophical 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
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14Chapter Two. Duress and Moral ProgressIn Seana Valentine Shiffrin (ed.), Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 47-78. 2014.
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47Caution about character ideals and capital punishment: A reply to SorellCriminal Justice Ethics 21 (2): 35-39. 2002.
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419Race, Labor, and the Fair Equality of Opportunity PrincipleFordham Law Review 1643-1675 (2004) 72 (5): 1643-1675. 2004.
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294Immoral, Conflicting, and Redundant PromisesIn R. Jay Wallace, Rahul Kumar & Samuel Freeman (eds.), Reasons and Recognition: Essays on the Philosophy of T.M. Scanlon, Oxford University Press Usa. 2011.
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27Are Contracts Promises? (pre-publication version)In Andrei Marmor (ed.), The Routledge Companion to Philosophy of Law, Routledge. 2012.
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