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Kimberly Ferzan : Publications

Books

Crime and Culpability:  A Theory of Criminal Law. Cambridge University Press, 2009. (co-authored with Larry Alexander and Stephen Morse)

Criminal Law Conversations. Oxford University Press, 2009. (co-edited with Paul Robinson & Stephen Garvey)

Book Chapters

"Homicide." In International Encyclopedia of Ethics. Hugh LaFollette, ed. Wiley Blackwell, 2013.

"Fletcher on the Fault of Not Knowing." In George Fletcher’s Essays on Criminal Law, Russell Christopher, ed. Oxford University Press, 2012. (with Larry Alexander)

"Risk and Inchoate Crimes:  Retribution or Prevention?" In Seeking Security:  Pre-empting the Commission of Criminal Harms, G.R. Sullivan, ed. Hart Publishing, 2012. (with Larry Alexander)

"Justification & Excuse." In Oxford Handbook of Philosophy of Criminal Law, David Dolinko & John Deigh, eds. Oxford University Press, 2011.

"Beyond the Special Part." In Philosophical Foundations of Criminal Law, R.A. Duff & Stuart Green, eds. Oxford University Press, 2010. (with Larry Alexander)

"Intention." In A Companion to Philosophy of Law and Legal Theory, 2d ed. Dennis Patterson, ed. Blackwell, 2010.

"Is There a Method to the Madness?  Why Creative and Counterintuitive Solutions Are Counterproductive." In Theoretical Foundations of Law & Economics, Mark D. White, ed. Cambridge University Press, 2008. (with Michael Dorff)

Articles and Essays

"Preventive Justice and the Presumption of Innocence." Criminal Law and Philosophy (forthcoming).

"Provocateurs." Criminal Law and Philosophy (forthcoming).

"Prevention, Wrongdoing, and the Harm Principle’s Breaking Point," review of Simester and von Hirsch’s Crimes, Harms, and Wrongs: On the Principles of Criminalisation. 10 Ohio State Journal of Criminal Law 679 (2013).

"Rethinking The Ends of Harm." 32 Law and Philosophy 177 (2013).

"Plotting Premeditation’s Demise." 75 Law and Contemporary Problems 83 (2012).

"Danger:  The Ethics of Preemptive Action." 9 Ohio State Journal of Criminal Law 637 (2012) (with Larry Alexander).

"Culpable Aggression: The Basis for Moral Liability to Defensive Killing." 9 Ohio State Journal of Criminal Law 669 (2012).

"The Unsolved Mysteries of Causation and Responsibility." 42 Rutgers Law Journal 347 (2011).

"Beyond Crime and Commitment:  Justifying Liberty Deprivations of the Dangerous and Responsible." 96 Minnesota Law Review 141 (2011).

"Inchoate Crimes at the Prevention/Punishment Divide." 48 San Diego Law Review 1273 (2011).

"A Planet By Any Other Name," review of Neil deGrasse Tyson’s The Pluto Files. 108 Michigan Law Review 1011 (2010).

"Response to Critics." 29 Law and Philosophy (2010) (with Larry Alexander)

"The Perils of Forgetting Fairness." 59 Case Western Reserve Law Review 597 (2009) (with Michael Dorff).

"The Structure of Criminal Law," review of Antony Duff's Answering for Crime. 28 Criminal Justice Ethics 223 (2009).

"Justifying Killing in Self-Defence," review essay of Fiona Leverick's Killing in Self-Defence. 99 Journal of Criminal Law & Criminology 235 (2009) (with Arlette Grabczynska).

"Self-Defense and the State." 5 Ohio State Journal of Criminal Law 449 (2008).

"Culpable Acts of Risk Creation." 5 Ohio State Journal of Criminal Law 375 (2008) (with Larry Alexander).

"Beyond Intention." 29 Cardozo Law Review 1147 (2008).

"Act, Agency, and Indifference: The Foundations of Criminal Responsibility," review of Victor Tadros' Criminal Responsibility. 10 New Criminal Law Review 441 (2007).

"Holistic Culpability." 28 Cardozo Law Review 2523 (2007).

"Clarifying Consent:  Peter Westen’s The Logic of Consent." 25 Law and Philosophy 193 (2006).

"A Reckless Response to Rape: A Reply to Ayres and Baker." 39 U.C. Davis Law Review 637 (2006).

"Justifying Self-Defense." 24 Law and Philosophy 711 (2005).

"Defending Imminence:  From Battered Women to Iraq." 46 Arizona Law Review 213 (2004). Reprinted in Moriarty ed., Women and the Law (2006).

"Some Sound and Fury from Kaplow and Shavell," review of Louis Kaplow & Steven Shavell, Fairness versus Welfare. 23 Law and Philosophy 73 (2004).

"Don’t Abandon the Model Penal Code Yet!  Thinking Through Simons’s Rethinking." 6 Buffalo Criminal Law Review 185 (2002).

"Opaque Recklessness." 91 Journal of Criminal Law & Criminology 597 (2001).

"Mens Rea and Inchoate Crimes." 87 Journal of Criminal Law & Criminology 1138 (1997) (with Larry Alexander).

"Comment, The Role of Luck in the Criminal Law." 142 University of Pennsylvania Law Review 2183 (1994).

Commentaries and Other Short Pieces

"Will the Real Paul Robinson Please Stand Up?  Robinson’s Conflicting Criminal Code." 10 Ohio State Journal of Criminal Law 237 (2012).

"Professor Tadros’ Wild Ride:  Duty, Defense, Deterrence and the Criminal Law." jotwell.com (2012).

"Ferzander’s Surrebuttal." 6 Criminal Law and Philosophy 463 (2012) (with Larry Alexander).

Review of Leo Katz’s Why the Law Is So Perverse, Criminal Law and Criminal Justice Books (2012).

"Iconoclasts?  Who, Us? A Reply to Dolinko." 6 Criminal Law and Philosophy 281 (2012) (with Larry Alexander).

"'Moore or Less' Causation and Responsibility," review of Michael Moore’s Causation and Responsibility. 6 Criminal Law and Philosophy 81 (2012).

Symposium Introduction, Michael Moore’s Causation and Responsibility, 42 Rutgers Law Journal 295 (2011).

"Does Hard Determinism Require “Funishment” Instead of Punishment?" jotwell.com (2011).

Self-Defense, Permissions, and the Means Principle: A Reply to Quong, 8 Ohio State Journal of Criminal Law 503 (2011) (refereed journal)

Shining the Light on Negligence, http://crim.jotwell.com/shining-the-light-on-negligence/ jotwell.com (commentary on George Sher’s Who Knew?) (online 2010)

Contributions to Criminal Law Conversations (co-edited with Robinson and Garvey, Oxford University Press 2009):  Results Don’t Matter  (core text and reply with Larry Alexander); Against Negligence Liability (core text and reply with Larry Alexander); Sex as Contract (commentary); Can’t Sue, Can Kill (commentary); The Values and Costs of Imminence (commentary)

"Arson and the Special Part." 3 Criminal Law & Philosophy 97 (2009).

"Living on the Edge:  The Margins of Legal Personhood." 39 Rutgers Law Journal 237 (2008).

"Murder after the Merger: A Commentary on Finkelstein." 9 Buffalo Criminal Law Review 561 (2006).

"Justifications and Excuses: Legal and Philosophical Perspectives, Symposium Foreword." 24 Law and Philosophy 547 (2005).

"Torture, Necessity, and the Union of Law & Philosophy." 36 Rutgers Law Journal 183 (2004).