Neil S. Siegel

Articles & Essays

Historical Gloss, Constitutional Conventions, and the Judicial Separation of Powers, 105 Georgetown Law Journal 255-322 (2017) (with Curtis A. Bradley)
Reciprocal Legitimation in the Federal Courts System, 70 Vanderbilt Law Review 1183-1247 (2017)
The Distinctive Role of Justice Samuel Alito: From a Politics of Restoration to a Politics of Dissent, 126 Yale Law Journal Forum 164-177 (2016)
Compelling Interests and Contraception, 47 Connecticut Law Review 1025-1043 (2015) (with Reva B. Siegel)
Constructed Constraint and the Constitutional Text, 64 Duke Law Journal 1213-1294 (2015) (with Curtis A. Bradley)
Contraception as a Sex Equality Right, 124 Yale Law Journal Forum (2015) (with Reva B. Siegel)
After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession, Supreme Court Review 1-70 (2014) (with Curtis Bradley)
Federalism as a Way Station: Windsor as Exemplar of Doctrine in Motion, 6 Journal of Legal Analysis 87-150 (2014)
None of the Laws But One, 62 Drake Law Review 1055-1078 (2014) (Constitutional Law Symposium on “The Obamacare Case and Its Significance for the 50th Anniversary of LBJ’s Great Society”)
Collective Action Federalism and Its Discontents, 92 Texas Law Review 1937-1968 (2013)
Equality Arguments for Abortion Rights, 60 UCLA Law Review Discourse 160-170 (2013) (with Reva B. Siegel)
Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System, 111 Michigan Law Review 931-953 (2013) (reviewing Jack M. Balkin, Living Originalism (2011))
More Law than Politics: The Chief, the "Mandate," Legality, and Statesmanship, in The Health Care Case:The Supreme Court's Decision and Its Implications 192-214 (Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison eds, 2013)
The New Textualism, Progressive Constitutionalism, and Abortion Rights: A Reply to Jeffrey Rosen, 25 Yale Journal of Law & the Humanities 55-67 (2013)
"Early-Bird Special" Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision, 121 Yale Law Journal Online 389-411 (2012) (with Michael C. Dorf)
Distinguishing the 'Truly National' from the 'Truly Local': Customary Allocation, Commercial Activity, and Collective Action, 62 Duke Law Journal 797-828 (2012)
Foreword: The Constitutionality of the Affordable Care Act: Ideas from the Academy, 75 Law and Contemporary Problems i-vi (2012)
Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision, 75 Law and Contemporary Problems 29-72 (2012) (No. 3, 2012)
Not the Power to Destroy: An Effects Theory of the Tax Power, 98 Virginia Law Review 1195-1253 (2012) (with Robert D. Cooter)
The Liberty of Free Riders: The Minimum Coverage Provision, Mill's 'Harm Principle,' and American Social Morality, 38 American Journal of Law & Medicine 374-396 (2012) (with Jedediah Purdy)
Four Constitutional Limits that the Minimum Coverage Provision Respects, 27 Constitutional Commentary 591-619 (2011)
A Coase Theorem for Constitutional Theory, 2010 Michigan State Law Review 583-595 (2010) (Symposium: A Response to Barry Friedman, The Will of the People (2009))
Collective Action Federalism: A General Theory of Article I, Section 8, 63 Stanford Law Review 115-185 (2010) (republished as revised in Comparative Constitutional Design 219-265 (Tom Ginsburg ed., 2012)) (with Robert D. Cooter)
Interring the Rhetoric of Judicial Activism, 59 DePaul Law Review 555-599 (2010) (Clifford Symposium)
Prudentialism in 'McDonald v. City of Chicago', 6 Duke Journal of Constitutional Law & Public Policy 16-30 (2010) (Special Issue 2010)
Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination, 59 Duke Law Journal 771-798 (2010) (response by Associate Justice Ruth Bader Ginsburg) (revised and republished in The Legacy of Ruth Bader Ginsburg 44 (Scott Dobson ed., 2015)) (with Reva B. Siegel)
"Equal Citizenship Stature": Justice Ginsburg's Constitutional Vision, 43 New England Law Review 799-855 (2009) (Symposium on the Jurisprudence of Associate Justice Ruth Bader Ginsburg)
Pregnancy and Sex-Role Stereotyping, From 'Struck' to 'Carhart', 70 Ohio State Law Journal 1095-1113 (2009) (Symposium on the Jurisprudence of Associate Justice Ruth Bader Ginsburg) (with Reva B. Siegel)
California Climate Change and the Constitution, 25 Environmental Forum 50-63 (2008) (with others)
Dole's Future: A Strategic Analysis, 16 Supreme Court Economic Review 165-204 (2008)
International Delegations and the Values of Federalism, 71 Law and Contemporary Problems 93-113 (Winter 2008)
The Virtue of Judicial Statesmanship, 86 Texas Law Review 959-1032 (2008)
Umpires at Bat: On Integration and Legitimation, 24 Constitutional Commentary 701-732 (2008) (2007) (published 2008)
Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Insight of Paul Mishkin, 95 California Law Review 1473-1513 (2007) (with Robert C. Post)
Commandeering and Its Alternatives: A Federalism Perspective, 59 Vanderbilt Law Review 1629-1691 (2006)
Race-Conscious Student Assignment Plans: Balkanation, Integration, and Individualized Consideration, 56 Duke Law Journal 781-860 (2006)
Some Modest Uses of Transnational Legal Perspectives in First-Year Constitutional Law, 56 Journal of Legal Education 201-215 (2006)
A Prescription for Perilous Times, 93 Georgetown Law Journal 1645-1679 (2005) (reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004))
A Theory In Search of a Court, and Itself: Judicial Minimalism at the Supreme Court Bar, 103 Michigan Law Review 1951-2019 (2005)
State Sovereign Immunity and Stare Decisis: Solving the Prisoners' Dilemma Within the Court, 89 California Law Review 1165-1198 (2001)
Why the Eleventh Amendment Always Matters, Even When Transaction Costs are Zero: A Reply to Professor Farber, 18 Constitutional Commentary 177-189 (2001)
Sen and the Hart of Jurisprudence: A Critique of the Economic Analysis of Judicial Behavior, 87 California Law Review 1581-1608 (1999)

Issues Edited

The Constitutionality of the Affordable Care Act: Ideas From the Academy, 75 Law & Contemporary Problems (No. 3, 2012)

Newspaper Articles and Commentary

Norms and Conventions Meet Donald Trump, Oxford Human Rights Hub (March 2, 2017)
The U.S. Constitution, Constitutionational Conventions, and President Trump, Oxford Human Rights Hub (March 1, 2017)
Reciprocal Legitimation in Response to President Trump, Balkinization (February 14, 2017)
Judicial and Media Independence After the Next Attack, Lawfare (February 9, 2017) (with Curtis Bradley)
Anthony Kennedy is Not Stupid, Slate (February 5, 2017) (with Dahlia Lithwick)
The Democrats Can't Block Gorsuch, Slate (February 1, 2017) (with Dahlia Lithwick)
Court-hacking Comes to North Carolina, News & Observer (November 19, 2016) (with Joseph Blocher)
The Distinct Role of Justice Alito: From a Politics of Restoration to a Politics of Dissent, Balkinization (October 19, 2016)
Reciprocal Legitimation in Federal Courts System , Balkinization (July 18, 2016)
The Supreme Court's Reassuring--and Concerning-- Abortion Ruling, ACSblog (July 5, 2016)
A Litmus Test for Trump's Racism (June 10, 2016)
The Harm in the GOP's Pseudo-Principled Supreme Court Stance, Hill (April 15, 2016)
The American People will Decide the Supreme Court's Future Anyway, Hill (March 3, 2016)
Constitutional Conventions, the Judicial Separation of Powers, and Justice Scalia's Replacement , Balkinization (February 14, 2016) (with Curtis Bradley)
John Roberts, Ted Olson, and the Judicial Separation of Powers, Balkinization (January 26, 2016)
Obergefell, Judaism, and the Authority of Tradition, Balkinization (September 9, 2015)
Whole Woman's Health: Casey, Res Judicata, and Supreme Court Review, Balkinization (June 24, 2015)
Windsor: Encouraging Constitutional Change, Not (Just) Clearing the Channels of Political Change, Balkinization (March 17, 2015)
Clear Text Versus Extra-Textual Considerations: Bond, Noel Canning, and King, Balkinization (March 5, 2015)
Animus Versus Moral Opposition: Material and Expressive Considerations, Balkinization (September 30, 2014)
Does CNN Deserve to be Reelected?, Huffington Post (November 8, 2012)
Romney, Women, and the Supreme Court, Huffington Post (November 5, 2012)
Yes, the Justices Indeed 'Make Law', News & Observer (July 13, 2009)
The Meaning of the Court's Decision in the School Cases, Contra Costa Times (January 1, 2007)
Detainees and the Constitution, News & Observer (September 27, 2006, at A13)
Beware the Anti-Freedom Amendment, News & Observer (June 9, 2006, at A15)
Separating Childhood Heroes from Today's Politics, Philadelphia Inquirer (February 24, 2006, at A15)
Time For Both Sides to Get Real About Alito, Durham Herald-Sun (January 12, 2006, at A7)
Taking Issue: Americans Deserve Answers, National Public Radio Online (October 20, 2005)
Remembering Chief Justice Rehnquist, Washington Post (September 5, 2005, at A30)
Why President Bush Should Not Take the 5th, Houston Chronicle (July 17, 2005, at B11)
The Conservative Choice is a Moderate, News & Observer (July 6, 2005, at A13)
Rigorous Questions Would Be Only Fair, Philadelphia Inquirer (June 21, 2005, at A19)
The Rhetoric Behind Strict Constructionism, Durham Herald-Sun (June 19, 2005, at A11) (with Aziz Huq)
Medical Marijuana: Read Between the Lines, News & Observer (June 14, 2005, at A11)
Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal (January 18, 2005) (with Erwin Chemerinsky)
Nomination Could Bridge Divide, Sun Sentinel (November 22, 2004, at 23A)
The Election and the U.S. Supreme Court, Chicago Tribune (November 1, 2004, at C21)

Multimedia

Direct and Indirect Taxes, National Constitution Center, Interactive Constitution (2016) (with Steven J. Willis)
Still Very Narrow After All These Years-- And Rightly So, National Constitution Center, Interactive Constitution (2016)
The Necessary and Proper Clause, National Constitution Center, Interactive Constitution (2016) (with Gary Lawson)
The Necessary and Proper Clause and the Collective Action Principle, National Constitution Center, Interactive Constitution (2016)
The Power to Tax, Not to Destroy: An Effects Theory of the Taxing Clause, National Constitution Center, Interactive Constitution (2016)
The Taxing Clause, National Constitution Center, Interactive Constitution (2016) (with Steven J. Willis)

Directory

Bibliography

Articles & Essays

Issues Edited

Newspaper Articles and Commentary

Multimedia