Bernard E. Harcourt
Julius Kreeger Professor of Law and Criminology
Director of the Center for Studies in Criminal Justice
1111 East 60th Street
Chicago, IL 60637
phone: 773 834-4068
email: harcourt@uchicago.edu

Publications (Books | Edited volumes | Chapters | Articles | Comments, Reviews, Editorials)

Books

Against Prediction: Punishing and Policing in an Actuarial Age (University of Chicago Press 2007). (book reviews and related items).

L'illusion de l'ordre: Incivilités et violences urbaines: tolérance zéro? (Éditions Descartes 2006). (book reviews and related items).

Language of the Gun: Youth, Crime, and Public Policy (University of Chicago Press 2005). (book reviews and related items).

Illusion of Order: The False Promise of Broken Windows Policing (Harvard University Press 2001). (book reviews and related items)

Edited Volumes

Criminal Law and the Regulation of Vice (Foundation Press forthcoming 2007) (with Franklin Zimring).

Carceral Notebooks, Vol. 1 (2005); Vol. 2 (2006) (editor).

Guns, Crime and Punishment in America (New York University Press 2003) (editor). (book reviews and related items)

Chapters

"Muslim Profiles Post-9/11: Is Racial Profiling an Effective Counterterrorist Measure and Does it Violate the Right to be Free from Discrimination?" in Security and Human Rights (ed. Benjamin Goold and Liora Lazarus) (Oxford, UK: Hart Publishing 2007).

“Carceral Continuities,” in 2 Carceral Notebooks 3, Bernard E. Harcourt, ed. (2006).

"The Road to Racial Profiling," in Criminal Procedure Stories (ed. Carol Steiker) (Foundation Press 2006).

"Carceral Imaginations," in 1 Carceral Notebooks, Bernard E. Harcourt, ed. (2005).

"'Hell no, you can't jack that fool. He stays strapped. He's strapped all the time': Talking about Guns at an All-Boy Correctional Facility in Tucson, Arizona," in Guns, Crime, and Punishment in America 68, Bernard E. Harcourt, ed. (New York University Press 2003).

"Matrioshka Dolls," in Urgent Times: Policing and Rights in Inner-City Communities 81, Joshua Cohen and Joel Rogers, eds. (Beacon Press 1999).

Articles 

"Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtues of Randomization," 40 Social Research 307 (2007).

"From the Asylum to the Prison: Rethinking the Incarceration Revolution - Part II: State Level Analysis," U of Chicago Law & Economics, Olin Working Paper No. 335 (March 2007).

"An Answer to the Question: 'What is Poststructuralism?'" U of Chicago, Public Law Working Paper No. 156 (March 2007).

"Judge Richard Posner on Civil Liberties: Pragmatic Libertarian Authoritarian," 74 University of Chicago Law Review (February 2007).

"Reefer Madness: Broken Windows Policing and Misdemeanor Marijuana Arrests in New York City, 1989-2000," Criminology and Public Policy 2007 (with Jens Ludwig) (December 2006).

"Embracing Chance: Post-Modern Meditations on Punishment," University of Chicago Law & Economics, Olin Working Paper No. 318 (December 2006).

“Du Désordre et de la délinquence: Réflexions sur l’importation de la théorie de la vitre brisée en France,” 2 Cahiers Parisiens 87 (2006).

"From the Asylum to the Prison: Rethinking the Incarceration Revolution," 84 Texas Law Review 1751 - 1786 (2006).

"Broken Windows? Evidence from New York City and a Five-City Social Experiment," 73 University of Chicago Law Review 271 (2006) (with Jens Ludwig).

"Policing L.A.'s Skid Row: Crime and Real Estate Development in Downtown Los Angeles [An Experiment in Real Time]," 2005 University of Chicago Legal Forum 325.

"Seeing Crime and Punishment through a Sociological Lens: Contributions, Practices, and the Future. A Conversation with Calvin Morrill, John Hagan, Bernard Harcourt, and Tracey Meares," 2005 University of Chicago Legal Forum 289.

"Rethinking Racial Profiling: A Critique of the Economics, Civil Liberties, and Constitutional Literature, and of Criminal Profiling More Generally," 71 University of Chicago Law Review 1275(Fall 2004).

"On the NRA, Adolph Hitler, Gun Registration, and Nazi Gun Laws: Exploding the Culture Wars (A Call to Historians)," Symposium on the Second Amendment and the Future of Gun Regulation, 73 Fordham University Law Review 653 (2004).

"Unconstitutional Police Searches and Collective Responsibility," 3 Criminology and Public Policy 363 (2004).

"You Are Forbidden To Read This Foreword: 'You are entering a gay and lesbian-free zone': On the Radical Dissent of Justice Scalia and Some Post-Queer (Rethinking Lawrence, Sex Wars, and the Penal Code)," Foreword to the Supreme Court Review, 94 Journal of Criminal Law and Criminology 503 (2004)

"From the Ne'er-do-well to the Criminal History Category: The Refinement of the Actuarial Model in Criminal Law," 66 Law and Contemporary Problems 99 (2003).

"The Shaping of Chance: Actuarial Models and Criminal Profiling at the Turn of the Twenty-First Century," 70 University of Chicago Law Review 105 (2003).

"Measured Interpretation: Introducing the Method of Correspondence Analysis to Legal Studies," Symposium issue on Empirical and Experimental Methods in Law, 2002 Illinois Law Review979.

"Joel Feinberg on Crime and Punishment: Exploring the Relationship between The Moral Limits of the Criminal Law and The Expressive Function of Punishment," 5 Buffalo Criminal Law Review 146 (2002).

"Introduction: Guns, Crime and Punishment in America," 43 Arizona Law Review 261 (2001).

"Foreword to Supreme Court Review: Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure," 90 Journal of Criminal Law and Criminology 733 (2000) (with Tracey Meares).

"After the 'Social Meaning Turn': Implications for Research Design and Methods of Proof in Contemporary Criminal Law Policy Analysis," 34:1 Law & Society Review 179 (2000).

"The Collapse of the Harm Principle," 90 Journal of Criminal Law and Criminology 109 (1999).

"Reflecting on the Subject: A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory, and Order-Maintenance Policing New York Style," 97 Michigan Law Review 291 (1998).

"Mature Adjudication: Interpretive Choice in Recent Death Penalty Cases," 9 Harvard Human Rights Journal 255 (1996).

"Imagery and Adjudication in the Criminal Law: the Relationship between Images of Criminal Defendants and Ideologies of Criminal Law in Southern Antebellum and Modern Appellate Decisions," 61 Brooklyn Law Review 1165 (1995).

Comments, Reviews, Editorials

"The Mentally Ill, Behind Bars," The New York Times A15 (January 15, 2007).

"Search and Defend," The New York Times A1 (August 25, 2006).

"Bratton's 'Broken Windows,'" Los Angeles Times (April 20, 2006).

"No new evidence was presented to judges," Op-Ed, The Mobile Press (May 16, 2004).

"26 years on Death Row: Time to annul judicial override," Op-Ed, The Birmingham News (May 13, 2004).

"U.S. Criminal Experts Don't Have Solutions for the Downtown Eastside," Op-Ed, The Vancouver Sun (May 7, 2003).

"Policing Disorder," 27(2) Boston Review 16 (April/May 2002).

Book Review of Loic Wacquant, Les Prisons de la Misere, 5(4) Theoretical Criminology 487 (2001).

"The Broken-Windows Myth," Op-Ed, New York Times (September 11, 2001).

"Cruel and Unusual Punishment" entry in Encyclopedia of the American Constitution, Supplement II, Leonard Levy, Kenneth Karst and Adam Winkler, eds. (Macmillan Publishing 2000).

"Placing Shame in Context: A Response to Thomas Scheff on Community Conferences and Therapeutic Jurisprudence," 67 Revista Juridica U.P.R. 627 (1998).

"Disappeared in Guatemala: The Case of Efrain Bamaca Velasquez," 7:1 Human Rights Watch/Americas 1 (1995) (co-authored with Anne Manuel & Makau Mutua).

Alabama Capital Defense Trial Manual (1992) (contributing editor and author of "Chapter Eleven: Jury Instructions," "Chapter Twelve: The Penalty Phase" and sample pleadings).