Bibliography

Neil S. Siegel

Forthcoming

Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System, 111 Michigan Law Review (forthcoming 2013) (reviewing Jack M. Balkin, Living Originalism (2011))
Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power, 99 Virginia Law Review (forthcoming 2012) (with Robert D. Cooter)

Works in Progress

Distinguishing the "Truly National" from the "Truly Local": Customary Allocation, Commercial Activity, and Collective Action (2011)

Articles and Essays

"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)
Foreword, The Constitutionality of the Affordable Care Act: Ideas from the Academy, 75 Law & Contemporary Problems i-vi (2012)
Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision, 75 Law & Contemporary Problems 29-72 (2012)
The Liberty of Free Riders: The Minimum Coverage Provision, Mill's, 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)
Collective Action Federalism: A General Theory of Article I, Section 8, 63 Stanford Law Review 115-185 (2010) (with Robert D. Cooter), republished as revised in, Comparative Constitutional Design 219-265 (Tom Ginsburg ed., 2012)
A Coase Theorem for Constitutional Theory, 2010 Michigan State Law Review 583-595 (Symposium: A Response to Barry Friedman, The Will of the People (2009))
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 (Special Issue 2010)
Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination, 59 Duke Law Journal 771-798 (2010) (with Reva B. Siegel) (response by Associate Justice Ruth Bader Ginsburg)
Pregnancy and Sex-Role Stereotyping, From 'Struck' to 'Carhart', 70 Ohio State Law Journal 1095-1113 (2009) (with Reva B. Siegel) (Symposium on the jurisprudence of Associate Justice Ruth Bader Ginsburg)
“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)
California Climate Change and the Constitution, 25 Environmental Forum 50-63 (July/August 2008) (with Christopher H. Schroeder & others)
Dole's Future: A Strategic Analysis, 16 Supreme Court Economic Review 165-204 (2008)
International Delegations and the Values of Federalism, 71 Law & 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 (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)

Newspaper Articles and Commentary

Yes, the Justices Indeed 'Make Law', Raleigh News & Observer, July 13, 2009
The Meaning of the Court’s Decision in the School Cases, Contra Costa Times, July 2007
Beware the Anti-Freedom Amendment, Raleigh News & Observer, June 9, 2006, at A15
Detainees and the Constitution, Raleigh News & Observer, September 27, 2006, at A13
Separating Childhood Heroes from Today's Politics, Philadelphia Inquirer, Feb. 24, 2006, at A15
Time For Both Sides to Get Real About Alito, Durham Herald Sun, January 12, 2006, at A7
Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal, Jan. 18, 2005 (with Erwin Chemerinsky)
Medical Marijuana: Read Between the Lines, Raleigh News & Observer, June 14,2005, at A11
Remembering Chief Justice Rehnquist, Washington Post, Sept. 5, 2005, at A30
Rigorous Questions Would Be Only Fair, Philadelphia Inquirer, July 21, 2005, at A19
Taking Issue: Americans Deserve Answers, National Public Radio Online, Oct. 20, 2005
The Conservative Choice is a Moderate, Raleigh News & Observer, July 6, 2005, at A13
The Rhetoric Behind Strict Constructionism, Durham Herald-Sun, June 19, 2005, at A11 (with Aziz Huq)
Why President Bush Should Not Take the 5th, Houston Chronicle, June 17, 2005, at B11
Separating Childhood Heroes from Today's Politics, Philadelphia Inquirer, Feb. 24, 2006, at A15
Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal, Jan. 18, 2005 (with Erwin Chemerinsky)
Medical Marijuana: Read Between the Lines, Raleigh News & Observer, June 14,2005, at A11
Remembering Chief Justice Rehnquist, Washington Post, Sept. 5, 2005, at A30
Rigorous Questions Would Be Only Fair, Philadelphia Inquirer, July 21, 2005, at A19
Taking Issue: Americans Deserve Answers, National Public Radio Online, Oct. 20, 2005
The Conservative Choice is a Moderate, Raleigh News & Observer, July 6, 2005, at A13
The Rhetoric Behind Strict Constructionism, Durham Herald-Sun, June 19, 2005, at A11 (with Aziz Huq)
Why President Bush Should Not Take the 5th, Houston Chronicle, June 17, 2005, at B11
The Election and the U.S. Supreme Court, Chicago Tribune, November 2, 2004, at C21
Nomination Could Bridge Divide, Sun Sentinel (Fort Lauderdale, Fla.), November 22, 2004, at 23A