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Publications, Presentations and Works in Progress
Brian Leiter
John P. Wilson Professor of Law and Director, Center for Law, Philosophy, and Human Values
1111 East 60th Street, Room 425
Chicago, IL 60637
phone: 773 702-0953
email: bleiter@uchicago.edu
Books
Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy (Oxford University Press 2007) (also published in Spanish, forthcoming).
Nietzsche on Morality (Routledge 2002).
Articles
"Why Tolerate Religion?" Constitutional Commentary 25 (2008).
"Morality Critics," in The Oxford Handbook of Continental Philosophy 711, B. Leiter and M. Rosen, eds. (Oxford University Press 2007).
"Nietzsche's Theory of the Will," 7 Philosophers’ Imprint 1 (September 2007).
"Science and Morality: Pragmatic Reflections on Rorty’s 'Pragmatism,'" 74 University of Chicago Law Review 929 (2007).
"The Case for Nietzschean Moral Psychology," in Nietzsche and Morality, B. Leiter and N. Sinhababu, eds. (Oxford University Press, forthcoming 2007) (with Joshua Knobe).
"How to Rank Law Schools," 81 Indiana Law Journal 47 (2006).
"American Philosophy Today," in The Oxford Companion to Philosophy, 2nd Edition, T. Honderich, ed. (Oxford University Press 2005).
"The End of Empire: Dworkin and Jurisprudence in the 21st Century," 35 Rutgers Law Journal 165 (2005).
"American Legal Realism," in The Blackwell Guide to Philosophy of Law and Legal Theory, W. Edmundson and M. Golding, eds. (Blackwell 2005).
"Nietzsche's Moral and Political Philosophy," in The Stanford Encyclopedia of Philosophy, E. Zalta, ed. (The Metaphysics Research Lab, Center for the Study of Language and Information, Stanford University 2004).
"The Hermeneutics of Suspicion: Recovering Marx, Nietzsche, and Freud," in The Future for Philosophy, B. Leiter, ed., (Clarendon Press 2004).
"Introduction: The Future for Philosophy," in The Future for Philosophy, B. Leiter, ed. (Clarendon Press 2004).
"Naturalized Epistemology and the Law of Evidence: Reply to Redmayne," 2003 Michigan State University Law Review 885 (with Ronald J. Allen).
"Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence," 48 American Journal of Jurisprudence 17 (2003), to be reprinted in the International Journal of Comparative Legal Studies (forthcoming), in Jurisprudence Cases and Materials: An Introduction to the Philosophy of Law and Its Applications, 2nd Ed., S. Gottlieb et al., eds. (LexisNexis 2006), and in Law and Morality [The International Library of Essays in Law and Legal Theory, 2nd series], K. Himma and B. Bix, eds., (Ashgate Publishing 2006).
"Naturalism in Legal Philosophy," in The Stanford Encyclopedia of Philosophy, E. Zalta, ed. (The Metaphysics Research Lab, Center for the Study of Language and Information, Stanford University 2002).
"Marxism and the Continuing Irrelevance of Normative Theory," review of G.A. Cohen, If You're an Egalitarian, How Come You're So Rich? 54 Stanford Law Review 1127 (2002).
"Law and Objectivity," in The Oxford Handbook of Jurisprudence and Philosophy of Law, J. Coleman and S. Shapiro, eds. (Oxford University Press 2002).
"Prospects and Problems for the Social Epistemology of Evidence Law," 29 Philosophical Topics 319 (Nos. 1 & 2) (2001).
"Naturalized Epistemology and the Law of Evidence," 86 Virginia Law Review 1491 (2001) (with Ronald J. Allen).
"Classical Realism," 11 Philosophical Issues 244 (2001).
"Moral Facts and Best Explanations," 18 Social Philosophy & Policy 79 (2001), and in Moral Knowledge, E. F. Paul et al., eds. (Cambridge University Press 2001).
"Legal Realism and Legal Positivism Reconsidered," 111 Ethics 278 (2001), and in The Philosopher's Annual, Volume 24, P. Grim et al., eds., (CSLI Publications, 2003).
"Objectivity, Morality, and Adjudication," in Objectivity in Law and Morals, B. Leiter, ed. (Cambridge University Press 2001) (also published in Portuguese in the International Journal of Comparative Legal Studies forthcoming).
"Introduction," in Objectivity in Law and Morals, B. Leiter, ed., (Cambridge University Press 2001).
"Nietzsche's Metaethics: Against the Privilege Readings," 8 European Journal of Philosophy 277 (2000).
"Holmes, Economics, and Classical Realism," in The Path of the Law and Its Influence: The Legacy of Oliver Wendell Holmes, Jr., S. J. Burton, ed. (Cambridge University Press 2000).
"Measuring the Academic Distinction of Law Faculties," 29 Journal of Legal Studies 451 (2000).
"Positivism, Formalism, Realism," review of Anthony Sebok, Legal Positivism in American Jurisprudence, 99 Columbia Law Review 1138 (1999).
"Realism, Hard Positivism, and Conceptual Analysis," 4 Legal Theory 533 (1998), reprinted in revised form as "Legal Realism, Hard Positivism, and the Limits of Conceptual Analysis," in Hart's Postscript: Essays on the Postscript to The Concept of Law, J. L. Coleman, ed., (Oxford University Press 2001).
"The Paradox of Fatalism and Self-Creation in Nietzsche," in Willing and Nothingness: Schopenhauer as Nietzsche's Educator, Christopher Janaway, ed., (Clarendon Press 1998), and Nietzsche, in J. Richardson and B. Leiter, eds., (Oxford University Press 2001).
"One Health, One Earth, One Sun: Nietzsche's Respect for Natural Science," Times Literary Supplement 30 (October 2 1998).
"Naturalism and Naturalized Jurisprudence," in Analyzing Law: New Essays in Legal Theory, B. Bix, ed., (Oxford University Press 1998).
"On the Value of Normative Theory: A Reply to Madry and Richeimer," 4 Legal Theory 241 (1998).
"Closet Dualism and Mental Causation," 28 Canadian Journal of Philosophy 161 (1998) (with Alexander Miller).
"Incommensurability: Truth or Consequences?" 146 University of Pennsylvania Law Review 1723 (1998).
"The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence," 1997 Brigham Young University Law Review 803.
"Rethinking Legal Realism: Toward a Naturalized Jurisprudence," 76 Texas Law Review 267 (1997), reprinted in part in R. Hayman et al. (eds.), Jurisprudence: Classical and Contemporary (Minneapolis: West Group, 2002).
"Introduction," in M. Clark & B. Leiter (eds.), Friedrich Nietzsche, Daybreak: Thoughts on the Prejudices of Morality (Cambridge University Press 1997) (with Maudemarie Clark).
"Why Quine is Not a Postmodernist," 50 Southern Methodist University Law Review 1739 (1997).
"Is There an 'American' Jurisprudence?", reviewing Neil Duxbury, Patterns of American Jurisprudence, 17 Oxford Journal of Legal Studies 367 (1997).
"Nietzsche and the Morality Critics," 107 Ethics 250 (1997), and in J. Richardson & B. Leiter (eds.), Nietzsche (Oxford University Press 2001).
"Heidegger and the Theory of Adjudication," 106 Yale Law Journal 253 (1996).
"Legal Realism," in D.M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory (Blackwell, 1996).
"Legal Positivism," in D.M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory (Blackwell, 1996) (with Jules Coleman).
"Legal Indeterminacy," 1 Legal Theory 481 (1995).
"The Middle Way," 1 Legal Theory 21 (1995).
"Morality in the Pejorative Sense: On the Logic of Nietzsche's Critique of Morality," 3 British Journal for the History of Philosophy 113 (1995).
"Mind Doesn't Matter Yet," 72 Australasian Journal of Philosophy 220 (1994) (with Alexander Miller).
"Perspectivism in Nietzsche's Genealogy of Morals," in Richard Schacht (ed.), Nietzsche, Genealogy, Morality: Essays on Nietzsche's "On the Genealogy of Morals" (University of California Press 1994).
"Determinacy, Objectivity and Authority," 142 University of Pennsylvania Law Review 549 (1993), in Andrei Marmor (ed.), Law and Interpretation: Essays in Legal Philosophy, and in Hebrew translation in 18 Tel-Aviv University Law Review 309 (1994) (with Jules Coleman).
"Objectivity and the Problems of Jurisprudence," reviewing Kent Greenawalt, Law and Objectivity, 72 Texas Law Review 187 (1993).
"Beyond Good and Evil," 10 History of Philosophy Quarterly 261 (1993).
"Nietzsche and Aestheticism," 30 Journal of the History of Philosophy 275 (1992).
"Intellectual Voyeurism in Legal Scholarship," 4 Yale Journal of Law & the Humanities 79 (1992).
"A Reconsideration of the Relevance and Materiality of the Preamble in Constitutional Interpretation," 12 Cardozo Law Review 117 (1990) (with Milton Handler and Carole Handler).
Edited Journal Issue
"New Directions in Analytic Jurisprudence," American Philosophical Association Newsletter on Philosophy and Law (Spring 2001).
Books Edited
The Oxford Handbook of Continental Philosophy (Oxford University Press 2007) (with Michael Rosen).
Nietzsche and Morality (Oxford University Press forthcoming 2007) (with Neil Sinhababu).
The Future for Philosophy (Clarendon Press 2004). Paperback edition, September 2006.
Nietzsche (Oxford University Press 2001) (with John Richardson).
Objectivity in Law and Morals (Cambridge University Press 2001).
Friedrich Nietzsche, Daybreak: Thoughts on the Prejudices of Morality, trans. R.J. Hollingdale (CambridgeUniversity Press 1997) (with Maudemarie Clark).
Shorter Encyclopedia Entries and Discussion Pieces
“Against Convergent Moral Realism: The Respective Roles of Philosophical Argument and Empirical Evidence,” in Moral Psychology, Volume 2: Intuition and Diversity 333, ed. W. Sinnott-Armstrong (MIT Press, 2008).
“Introduction,” to The Oxford Handbook of Continental Philosophy 1, ed. B. Leiter & M. Rosen (Oxford University Press, 2007) (with Michael Rosen).
"Legal Philosophy: 5 Questions," Interview in M.E.J. Nielson (ed.) (New York: Automatic/VIP Press, 2007).
“Introduction,” to Nietzsche and Morality 1, ed. B. Leiter & N. Sinhababu (Oxford University Press, 2007)(with Neil Sinhababu).
“Why Blogs are Bad for Legal Scholarship,” 116 Yale Law Journal Pocket Part 53 (2006).
“How to Rank Law Schools,” 81 Indiana Law Journal 47 (2006).
“American Philosophy Today,” in The Oxford Companion to Philosophy 27, ed., T. Honderich (Oxford University Press, 2005).
"Objectivity (philosophical aspects)," in N. Smelser & P. Baltes (eds.), International Encyclopedia of the Social and Behavioral Sciences (Elsevier Science 2001).
"Karl Nickerson Llewellyn," in N. Smelser & P. Baltes (eds.), International Encyclopedia of the Social and Behavioral Sciences (Elsevier Science 2001).
"The Naturalistic Turn in Legal Philosophy," in B. Leiter (ed.), "New Directions in Analytic Jurisprudence," American Philosophical Association Newsletter on Philosophy and Law (2001).
"Charles Alan Wright: Legal Realist," in R. Mersky (ed.), Charles Alan Wright: The Man and the Scholar (Jamail Legal Research Center & West Group 2000).
"Legal Realism," in C.B. Gray (ed.), The Philosophy of Law: An Encyclopedia(Garland 1999).
"Explanation and Legal Theory," 82 Iowa Law Review 905 (1997).
"Tort Theory and the Objectivity of Corrective Justice," 37 Arizona Law Review 45 (1995).
Book Reviews
Review of Christopher Janaway, Beyond Selflessness: Reading Nietzsche’s Genealogy, Notre Dame Philosophical Reviews (forthcoming June 2008).
Review of Ronald Dworkin, Justice in Robes and Exploring Law’s Empire, Scott Hershovitz, ed., 56 Journal of Legal Education 675 (December 2006).
Review of Nietzsche's Postmoralism: Essays on Nietzsche's Prelude to Philosophy's Future (Richard Schacht editor), 112 Mind 175 (2003).
"The Fate of Genius," reviewing Joachim Köhler, Zarathustra's Secret: The Interior Life of Friedrich Nietzsche; Rüdiger Safranski, Nietzsche: A Philosophical Biography; and Richard Schain, The Legend of Nietzsche's Syphilis, Times Literary Supplement 31 (October 18, 2002).
Review of Daniel Brudney, Marx's Attempt to Leave Philosophy, Times Literary Supplement 31 (December 10, 1999).
Review of Daniel Conway, Nietzsche's Dangerous Game: Philosophy in the Twilight of the Idols, Times Literary Supplement 31 (August 7, 1998).
Review of Peter Poellner, Nietzsche and Metaphysics and John Richardson, Nietzsche's System, 107 Mind 683 (1998).
Review of Peter Berkowitz, Nietzsche: The Ethics of an Immoralist, 105 Mind 487 (1996).
Review of Maudemarie Clark, Nietzsche on Truth and Philosophy, 31 Journal of the History of Philosophy 148 (1993).
Works in Progress: Books
Why Tolerate Religion?
Co-Editor and Co-Author (with Leslie Green), Law and Judging: Readings in Jurisprudence.
Works in Progress: Articles and Reviews
“Who is Nietzsche’s ‘Sovereign Individual’?” to appear in The Cambridge Companion to Nietzsche’s On the Genealogy of Morality, S. May, ed. (forthcoming 2010).
“Nietzsche,” to appear in A Companion to the Philosophy of Action, T. O’Connor & C. Sandis, eds. (Blackwell, forthcoming in 2009 or 2010).
“In Praise of Realism (and against ‘Nonsense Jurisprudence’)”
“Explaining Theoretical Disagreement”
“Nietzsche’s Naturalism Reconsidered,” to appear in The Oxford Handbook of Nietzsche, J. Richardson & K. Gemes, eds. (forthcoming 2009).
“Reply to Critics,” for a symposium issue of Law and Philosophy discussing my book Naturalizing Jurisprudence.
“Why Evolutionary Biology is (so far) Irrelevant to Law” (with Michael Weisberg).
Presentations
[topic TBA]. School of Philosophy, University College Dublin, Ireland, September 2009.
Author-Meets-Critics Session on Naturalizing Jurisprudence, Committee on Philosophy and Law, Eastern Division Meeting of the American Philosophical Association, Philadelphia, PA, December 2008.
[topic TBA]. Law School, University of Wisconsin, Madison, December 2008.
[topic TBA]. Conference on “Speech, Privacy, and the Internet.” Law School, University of Chicago, IL, November 2008.
[topic TBA]. 5th Annual Conference on “Issues in the History of Modern Philosophy.” Department of Philosophy, New York University, November 2008.
[topic TBA]. Symposium on “How Do We Keep Knowing?” Glasscock Center for Humanities Research, Texas A&M University, College Station, October 2008.
[topic TBA]. College of Law, University of Tulsa, Oklahoma, August 2008.v
“Nietzsche’s Naturalism Reconsidered.” Conference on “Nietzsche, Naturalism, and Normativity.” Department of Philosophy, University of Southampton, United Kingdom, July 2008
“Science and Methodology in Legal Theory” and “Explaining Theoretical Disagreement.” Faculty of Law, University of Girona, Spain, June 2008.
“Gemes on Perspectivism.” Conference on “Skepticism: Ancient, Modern, and Contemporary,” sponsored by the Department of Philosophy, New York University, in Florence, Italy, June 2008.
“In Praise of Realism.” Dunbar Lecture on Law and Philosophy, School of Law and Department of Philosophy, University of Mississippi, Oxford, March 2008.
Respondent to papers on Nietzsche on freedom and autonomy by Gemes, Poellner, and Reginster. Annual Meeting, Pacific Division of the American Philosophical Association, Pasadena, CA, March 2008.
“American Legal Realism” and “Explaining Theoretical Disagreement.” Fresco Lectures, Department of Jurisprudence, Faculty of Law, University of Genoa, Italy, March 2008.
"Science and Methodology in Legal Theory.” Institute for Philosophical Investigations, National Autonomous University of Mexico, Mexico City, November 2007.
“Explaining Theoretical Disagreement.” Institute for Philosophical Investigations, National Autonomous University of Mexico, Mexico City, November 2007.
“Explaining Theoretical Disagreement.” Law School, University of California, Los Angeles, October 2007.
“Naturalizing Jurisprudence: Three Approaches.” Conference on “The Future of Naturalism,” Center for Inquiry Transnational and Department of Philosophy, State University of New York at Buffalo, September 2007.
“Explaining Theoretical Disagreement.” Faculty of Law and Program in Social and Political Theory (Research School), Australian National University, Canberra, August 2007.
"Why Tolerate Religion?" Florence G. Kline Colloqium, Department of Philosophy, University of Missouri, Columbia, April 2007.
“Why Tolerate Religion?” Department of Philosophy, Colgate University, Hamilton, N.Y., March 2007.
“Nietzsche’s Theory of the Will.” Department of Philosophy, Colgate University, Hamilton, N.Y., March 2007.
"Nietzsche's Theory of the Will," Department of Philosophy, University of Minnesota, Minneapolis-St. Paul, March 2007.
"Why Tolerate Religion?" Keynote Address, Graduate Conference, Department of Philosophy, Virginia Polytechnic Institute& State University, Blacksburg, VA, November 2006.
"Indeterminacy in the Law and the Ethical Obligations of Judges in Hard Cases." Continuing Legal Education Seminar, Gardere Wynne Sewell LLP, Dallas, TX, July 2006.
"Nietzsche's Theory of the Will." Department of Philosophy, Washington University, St. Louis, March 2006.
"Why Tolerate Religion?" 'Or 'Emet Lecture, Osgoode Hall Law School, York University, Toronto, Canada, March 2006.
"The Case for Nietzschean Moral Psychology." Committee on Law and Philosophy, College of Law, Arizona State University, Tempe, February 2006.
"The Case for Nietzschean Moral Psychology." Political Theory Group and Law School, University of Newcastle upon Tyne, UK, December 2005.
"Philosophy of Law: The Current State of Play." Centre for Philosophy of Natural and Social Science and Faculty of Law, London School of Economics, December 2005.
"Toleration and Religion." Gardner/Honoré Seminar on Political Philosophy, Oxford University, UK, December 2005.
"Nietzsche's Theory of the Will." Department of Philosophy, University of Manchester, UK, November 2005.
"Nietzsche's Theory of the Will." Moral Sciences Club, Cambridge University, UK, October 2005.
"Why Evolutionary Biology is (so far) Irrelevant to Law." College of Law, Florida State University, Tallahassee, September 2005.
"Does Naturalized Jurisprudence Change the Subject?" Conference on "The Challenge of Philosophical Naturalism," Institute for Law & Philosophy, Rutgers University School of Law, Camden, NJ, June 2005.
Participant and Discussant. Conference on, "The Conditions for a Pragmatic Approach to the Norm: Reflections on the Recent Pragmatist Turn in Legal Philosophy," Center for Philosophy of Law, University of Louvain, Belgium, June 2005.
Organizer and participant, 10th annual Analytic Legal Philosophy Conference, School of Law, University of Texas, Austin, April 2005.
"The End of Empire: Dworkin and Jurisprudence in the 21st Century." Institute for Comparative Jurisprudence, Law School, Loyola University, Los Angeles, CA, December 2004.
Organizer and participant, conference on "Methodology in Jurisprudence." Law & Philosophy Program, University of Texas, Austin, November 2004.
"Nietzsche's Theory of the Will." Conference on "Nietzsche and Naturalism," The Radcliffe Institute, Harvard University, Cambridge, MA, November 2004.
"Beyond the Hart/Dworkin Debate." Department of Philosophy, University of Reading, December 2005.
"The Hermeneutics of Suspicion: Recovering Marx, Nietzsche, and Freud." Cardozo Law School, Yeshiva University, New York, N.Y., October 2004.
"Nietzsche's Theory of the Will". Plenary Address, Conference on "Nietzsche and Ethics," Annual Meeting of the Friedrich Nietzsche Society of Great Britain, University of Sussex, UK, September 2004.
"The End of Empire: Dworkin and Jurisprudence in the 21st Century." Keynote address, Inaugural Conference of the Institute for Law & Philosophy, Rutgers University School of Law, Camden, NJ, May 2004.
Participant, Annual Conference on Analytic Legal Philosophy, School of Law, New York University, April 2004.
"The Hermeneutics of Suspicion: The Case of Freud." Department of Philosophy, Texas A&M University, College Station, TX, March 2004.
"Why Evolutionary Biology is (so far) Irrelevant to Law." Law School, University of Southern California, Los Angeles, CA, February 2004.
"Why Evolutionary Biology is (so far) Irrelevant to Law." Law School, George Mason University, Arlington, VA, October 2003.
"Why Evolutionary Biology is (so far) Irrelevant to Law." Law & Economics Workshop, College of Law, University of Illinois, Urbana-Champaign, September 2003.
Participant, Roundtable on Nietzsche and Normativity, Institute for Law and Philosophy, University of Illinois, Urbana-Champaign, September 2003.
"The Hermeneutics of Suspicion." Philosophical Society, Oxford University, UK, May 2003.
"The Methodology Problem in Jurisprudence." Faculty of Law, University College London, UK, May 2003.
"Nietzsche as Naturalist: For and Against." Intercollegiate seminars (two), University of London, UK, May 2003 (with Sebastian Gardner).
"Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence." Conference on "Law's Moral Foundations: Has It Any?", Law School and American Journal of Jurisprudence, University of Notre Dame, South Bend, IN, April 2003.
"Why Texas Can't Afford Textbook Censorship." Rotary Club of Houston, TX, February 2003.
Organizer, commentator and participant, conference on "Moral Theory After Nietzsche," University of Texas, Austin, February 2003. (External participants: Maudemarie Clark [Colgate], Thomas Hurka [Toronto], Nadeem Hussain [Stanford], Christopher Janaway [London], Elijah Millgram [Utah], Peter Poellner [Warwick], and Mathias Risse [Harvard].)
"Beyond the Hart/Dworkin Debate." Faculty of Law, Cambridge University, UK, November 2002.
"Nietzsche's Genealogy of Morality." Intercollegiate seminars (three), University of London, UK, November 2002.
"The Hermeneutics of Suspicion." Department of Philosophy, Birkbeck College, London, UK, October 2002.
"American Legal Realism." School of Law, Villanova University, Villanova, PA, October 2002.
"Textbook Censorship in Texas." American Constitution Society, School of Law, University of Texas, Austin, September 2002.
"Beyond the Hart/Dworkin Debate." Faculty of Law, University of Paris I (Panthéon-Sorbonne), March 2002.
"Beyond the Hart/Dworkin Debate." Legal Philosophy Colloqium, Oxford University, UK, March 2002.
"Asceticism and Perspectivism." Conference on "Nietzsche on Truth," Philosophy Programme, School of Advanced Study, University of London, UK, October 2001. (Paper presented by Ken Gemes [Birkbeck College, London].)
"Adjudication as Craft." Comments on Brett Scharffs, "The Judicial Craft," Research Workshop, Institute for Humane Studies, George Mason University, Arlington, VA, July 2001.
"Naturalism in Legal Philosophy." Workshop on Naturalism and Realism in Legal Philosophy, Center for Law and Philosophy, Columbia University, New York, NY, April 2001.
Organizer, Speaker, & Moderator. Conference on "Nietzsche: Philosophical Influences and Philosophical Legacies," College of Liberal Arts, University of Texas, Austin, March 2001. (External participants: Maudemarie Clark [Colgate], Nadeem Hussain [Stanford], Christopher Janaway [London], and John Richardson [NYU].)
"What is 'Genealogy' and What is Nietzsche's Genealogy?" Department of Philosophy, University of Pennsylvania, Philadelphia, March 2001.
"Naturalized Epistemology and the Law of Evidence." Symposium on New Perspectives on Evidence, School of Law, University of Virginia, Charlottesville, February 2001. (Paper presented by Ronald Allen [Northwestern].)
"The Naturalistic Turn in Legal Philosophy." Special session on "New Directions in Analytic Jurisprudence," Jurisprudence Section of the Association of American Law Schools, San Francisco, CA, January 2001.
"Educational Quality Ranking of U.S. Law Schools." National Association of Pre-Law Advisors, Annual Meeting, San Diego, CA, November 2000.
"Charles Alan Wright: Legal Realist." A Tribute to Charles Alan Wright, School of Law, University of Texas, Austin, November 2000.
Symposium on Brian Leiter, Nietzsche on Morality, Department of Philosophy, Cardiff University, Wales, UK, November 2000. I presented a précis of the book, followed by commentaries on the book by Maudemarie Clark [Colgate], Sebastian Gardner [London], Peter Poellner [Warwick], Peter Sedgwick [Cardiff], and Alessandra Tanesini [Cardiff].
"Legal Realism and Legal Positivism Reconsidered." Law School, University of Pennsylvania, Philadelphia, October 2000.
Commentary on Maudemarie Clark, "Nietzsche's Soul." Annual Chapel Hill Philosophy Colloqium, Department of Philosophy, University of North Carolina, Chapel Hill, October 2000.
"Legal Realism, Hard Positivism, and the Limits of Conceptual Analysis." Conference on "Reason and Rationality in the Common Law" (joint Oxford-UT conference), Worcester College, Oxford University, UK, July 2000.
"Moral Facts and Best Explanations." Conference on Moral Epistemology, Social Philosophy & Policy Center (Bowling Green State University), La Jolla, CA, June 2000.
Participant, Workshop on Methodology in Legal Philosophy, Center for Law and Philosophy, Columbia University, New York, NY, March 2000.
"Holmes, Nietzsche, and Classical Realism." Legal Theory Workshop, Faculty of Law, University of Toronto, Canada, November 1999.
Comment on paper by Susan Haack. Conference on Epistemology and the Law of Evidence, 3rd Annual Law & Philosophy Workshop, University of North Carolina, Chapel Hill, October 1999.
"Social Epistemology and the Law of Evidence." Conference on Epistemology and the Law of Evidence, 3rd Annual Law & Philosophy Workshop, University of North Carolina, Chapel Hill, October 1999.
"Measuring the Academic Distinction of Law Faculties." Conference on Citation Studies, School of Law, Northwestern University, Chicago, IL, April 1999. (Also sponsored by Journal of Legal Studies and West Publishing.)
"Legal Realism and Legal Positivism Reconsidered." School of Law, Northwestern University, Chicago, IL, April 1999.
"Marx, Justice, and Relativism." Comment on a paper by Justin Schwartz, winner of the Fred Berger Prize in philosophy of law, American Philosophical Association, Pacific Division, Annual Meeting, San Francisco, CA, April 1999.
"Legal Realism and Legal Positivism Reconsidered." Legal Theory Workshop, Law School, University of Chicago, IL, January 1999.
"Legal Realism and Legal Positivism Reconsidered." Yale Law School, New Haven, CT, October 1998.
"Hart, Legal Realism, and Empirical Rule-Skepticism." Special Session on Philosophy of Law, XXth World Congress of Philosophy, Boston, MA, August 1998 (one of three invited speakers).
"Nietzsche's Metaethics." Department of Philosophy, Rice University, Houston, TX, April 1998.
Participant, 3rd Annual Conference on Analytic Legal Philosophy, School of Law, University of San Diego, California, April 1998.
"Legal Realism and Legal Positivism Reconsidered." Boalt Hall School of Law, University of California, Berkeley, March 1998.
"Legal Realism and Legal Positivism Reconsidered." School of Law, University of Virginia, Charlottesville, VA, January 1998.
"Objectivity, Morality, and Adjudication." 2nd Annual Conference on Analytic Legal Philosophy, School of Law, Columbia University, New York, NY, April 1997.
"Holmes, Nietzsche, and Classical Realism." A Centennial Symposium on Oliver Wendell Holmes, Jr.'s Intellectual Legacy, College of Law, University of Iowa, Iowa City, January 1997.
"Why Quine Is Not a Postmodernist." Symposium on Dennis Patterson's Law and Truth (Oxford, 1996), School of Law, Southern Methodist University, Dallas, TX, December 1996.
Participant, Conference on "The Path of the Law 100 Years Later: Holmes's Influence on Modern Jurisprudence," Brooklyn Law School, Brooklyn, NY, November 1996.
"Nietzsche: Three Themes." Symposium on "Five Perspectives on Nietzsche," Department of Philosophy, University of Texas, Austin, April 1996.
"Explanation and Legal Theory." Comment on paper by Larry Alexander & Ken Kress, Jurisprudence Section of the Association of American Law Schools, Annual Meeting, San Antonio, TX, January 1996.
Participant, 1st Annual Conference on Analytic Legal Philosophy, Law School, University of Pennsylvania, Philadelphia, PA, December 1995.
"Rethinking Legal Realism." College of Law, University of Iowa, Iowa City, November 1995.
"Nietzsche and the Morality Critics." Department of Philosophy, University of Texas, Austin, November 1995.
"Nietzsche and the Morality Critics." Department of Philosophy, Rutgers University, New Brunswick, NJ, September 1995.
"The Philosophy of Judging." Workshop/Presentation, Annual Education Meeting, Florida Conference of District Court of Appeals Judges, Sarasota, FL, September 1995.
"Legal Realism." Oxford-USC Legal Theory Institute, Brasenose College, Oxford University, United Kingdom, July 1995.
"Realism and Positivism Reconsidered." School of Law, University of Texas, Austin, March 1995.
"Heidegger and the Theory of Adjudication." Law & Interpretation Section of the Association of American Law Schools, Annual Meeting, New Orleans, LA, January 1995.
"Tort Theory and the Objectivity of Corrective Justice." Comment on paper by Jules Coleman at the conference on "Issues in the Philosophy of Law" (in honor of Joel Feinberg), College of Law University of Arizona, Tucson, September 1994.
"Morality in the Pejorative Sense." Department of Philosophy, University of Arizona, Tucson, April 1994.
"Legal Indeterminacy and the Legitimacy of Adjudication." College of Law, University of Arizona, Tucson, April 1994.
"Pornography, Causation and Harm." School of Law, Rutgers University, Camden, NJ, January 1994.
"The Middle Way." Comment on paper by Hilary Putnam, Jurisprudence Section of the Association of American Law Schools, Annual Meeting, Orlando, FL, January 1994.
"Pornography and Equality." Fourth Biennial Discussion Group on Constitutional Law, Georgetown University Law Center, Washington D.C., December 1993.
"Morality in the Pejorative Sense." Department of Philosophy, University of California, San Diego, October 1993.
"Morality in the Pejorative Sense." Department of Philosophy, Tulane University, New Orleans, LA, February 1993.
"The Jurisprudence of Neorealism." School of Law, University of San Diego, CA, January 1993.
"Legal Realism and Varieties of Legal Indeterminacy." School of Law, Rutgers University, Camden, NJ, January 1993.
"American Legal Realism and Naturalized Jurisprudence." Law School, University of Pennsylvania, Philadelphia, PA, January 1993.
Other Miscellaneous Publications and Media Appearances
"Do Law Schools Need More Ideological Diversity?" An on-line debate with Peter Schuck (Yale Law School) at Legal Affairs, Jan. 23-Jan. 27, 2006:
"H.L.A. Hart and 'The Concept of Law,'" Letters to the Editor, Times Literary Supplement, March 11, 2005 and April 15, 2005 (with Leslie Green).
Interviewed on "Philosophy Talk" (with John Perry and Kenneth Taylor), show on Nietzsche, March 16, 2004, noon-1 pm PST, KALW (FM), San Francisco, CA.
"When Education Board Censors Books, Schoolkids Suffer," Austin-American Statesman, July 24, 2003.
Interviewed on CNN "Live from the Headlines," July 9, 2003, 7:30 pm EST on the textbook selection process in Texas.
Comments on Rawls and the method of reflective equilibrium in "Remembering Rawls," The Philospher's Magazine, no. 22 (2nd quarter 2003), p. 34.
"Culture Watch," Chronicle of Higher Education, March 14, 2003, p. A8 (commenting on the film "The Life of David Gale").
"Reply to Hoekema's Review of Wilshire," Notre Dame Philosophical Reviews 2002.10.08 (October 17, 2002).
"Recapture Texas' Future from Zealots, Know-Nothings," Houston Chronicle, September 22, 2002, Sunday Outlook section at 1C.
"The Law School Observer," a column on legal academia, appeared quarterly in The Green Bag: An Entertaining Journal of Law, Winter 2000 through Winter 2002, and appears occasionally thereafter. (Regular column retired by the author.)
"UT Won't Remain Great Without More Funds," The Dallas Morning News, March 21, 1999, Sunday Viewpoints section, at 6J.
"The Philosophical Gourmet," a column on philosophy academia, appeared quarterly in The Philosopher's Magazine, Winter 1999 through Summer 2001. (Column retired by the author.)
"Landing a Job in Philosophy," Chronicle of Higher Education--Career Network (On-Line), Dec. 11, 1998.
"Leading New Books: 7 Scholars Recommend New and Recent Books on Jurisprudence," Focus on Law Studies XIV/1(Fall 1998), pp. 14-15 (with Susan Coutin, Austin Sarat, Robin West, Laura Kalman, Brian Tamanaha, and Susan Burgess).
"The U.S. News Roulette Wheel: Where It Stops Nobody Knows," Texas Lawyer, Mar. 2, 1998, at 2.
"Why U.S. News Makes State Law Schools Angry," National Law Journal, Mar. 24, 1997 at A24.
"There's No Good Reason to Junk Faculty Tenure at UT," Austin-American Statesman, July 22, 1996, at A7 (with Julius Getman).
"Current Debate/Critical Legal Studies," Tikkun vol. 3, no. 5 (Sept-Oct. 1988), pp. 87-89 (with a reply by Robert W.Gordon).
General Editorial Work
Oxford Studies in the Philosophy of Law Editor, 2008-present (with Leslie Green [Oxford]).
Legal Theory Editor, 2000-2007 (with Larry Alexander [San Diego] and Jules Coleman [Yale]). Advisory Board, 1999Editorial Board, 1994-1998, 2008-present. The Routledge Philosophers Series Editor,2001-present. Volumes in the series will include:
Adorno by Brian O’Connor (University College Dublin)
Aquinas by Christopher Hughes (King’s College, London)
Aristotle by Christopher Shields (Oxford University) (published in 2007)
Augustine by Scott MacDonald (Cornell University)
Berkeley by Lisa Downing (Ohio State University)
Carnap by Michael Friedman (Stanford University)
Darwin by Tim Lewens (Cambridge University) (published in 2006)
Descartes by Edwin M. Curley (University of Michigan, Ann Arbor)
Dewey by Steven Fesmire (Green Mountain College)
Einstein by Arthur Fine & Thomas Ryckman (University of Washington & Stanford
University)
Fichte and Schelling by Sebastian Gardner (University College London)
Frege by Warren Goldfarb (Harvard University) and Thomas G. Ricketts (University of Pittsburgh)
Freud by Jonathan Lear (University of Chicago) (published in 2005)
Habermas by Kenneth Baynes (Syracuse University)
Hegel by Frederick C. Beiser (Syracuse University) (published in 2005)
Heidegger by John Richardson (New York University)
Hobbes by A.P. Martinich (University of Texas, Austin) (published in 2005)
Hume by Don Garrett (New York University)
Husserl by David Woodruff Smith (University of California, Irvine) (published in 2007)
James by David Lamberth (Harvard University)
Kant by Paul Guyer (University of Pennsylvania) (published in 2006)
Kierkegaard by Andrew Cross
Leibniz by Nicholas Jolley (University of California, Irvine) (published in 2005)
Locke by E.J. Lowe (University of Durham) (published in 2005)
Merleau-Ponty by Taylor Carman (Barnard College/Columbia University)
Mill by Daniel Jacobson (Bowling Green State University)
Nietzsche by Maudemarie Clark (Colgate University)
Peirce by Christopher Hookway (University of Sheffield)
Plato by Constance Meinwald (University of Illinois, Chicago)
Plotinus by Eyjolfur Emilsson (University of Oslo)
Quine by Dagfinn Føllesdal (Stanford University/University of Oslo)
Rawls by Samuel Freeman (University of Pennsylvania) (published in 2007)
Rousseau by Nicholas Dent (University of Birmingham) (published in 2005)
Russell by Gregory Landini (University of Iowa)
Sartre by Bernard Reginster (Brown University)
Schopenhauer by Julian Young (University of Auckland) (published in 2005)
Socrates by Paul B. Woodruff (University of Texas, Austin)
Spinoza by Michael Della Rocca (Yale University)
Wittgenstein by William Child (Oxford University)
Routledge International Library of Philosophy Board of Advisors, 2000-present (with Jonathan Barnes [Paris], Fred Dretske [Stanford/Duke], Frances Kamm [Harvard], Huw Price [Sydney], and Sydney Shoemaker [Cornell]; Series editors: José Bermudez [Washington University, St. Louis], Tim Crane [London], and Peter Sullivan [Stirling]).
Notre Dame Philosophical Reviews (Gary Gutting [Notre Dame], ed.) Editorial Board, 2001-present.
Epist m : A Journal of Social EpistemologyConsulting Editor (Alvin Goldman [Rutgers], Philip Kitcher [Columbia], Helen Longino [Stanford], Executive Editors), 2002-present.
Journal of Moral Philosophy: An International Journal of Moral, Political and Legal Philosophy (Thom Brooks [Newcastle], ed.), Editorial Board, 2004-present.
IVR Encyclopedia of Jurisprudence, Legal Theory and Philosophy of Law (Alexander Peczenik [Lund], ed.) Editorial Board, 2005-present.
Journal of Nietzsche Studies (Christa Davis Acompora [Hunter/CUNY], ed.), Editorial Board, 2008-present.
Theoria: A Swedish Journal of Philosophy (Sven Ove Hansson [Royal Institute of Technology, Stockholm], ed. ) Consulting Editor, 2008-2012 (current term).
The Philosopher’s Annual (Kenneth Baynes [Syracuse], Patrick Grim [Stony Brook], Peter Ludlow [Toronto], and Gary Mar [Stony Brooks], eds.) Nominating Editor, 2008-present
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