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CV
Jeffrey Rosen
3462 Macomb St NW
Washington, D.C. 20016
[email protected]
The George Washington University Law School
2000 H. St NW
Washington, DC 20052
(202) 994-9399
SHORT BIOGRAPHY
Jeffrey Rosen is a professor of law at George Washington University, the legal affairs editor of
The New Republic, and a nonresident Senior Fellow at the Brookings Institution, where he heads
the Brookings Project on Technology and the Constitution. His most recent book, as co-editor, is
Constitution 3.0: Freedom and Technological Change. He is also the author of The Supreme
Court: The Personalities and Rivalries that Defined America, The Most Democratic Branch, The
Naked Crowd, and The Unwanted Gaze, which The New York Times called “the definitive text
in privacy perils in the digital age.” Rosen is a graduate of Harvard College, summa cum laude;
Oxford University, where he was a Marshall Scholar; and Yale Law School. After law school, he
clerked for Chief Judge Abner Mikva on the U.S. Court of Appeals for the D.C. Circuit. His
essays and commentaries have appeared in the New York Times Magazine, The Atlantic
Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. A
reviewer for the L.A. Times called him “the nation’s most widely read and influential legal
commentator.” He lives in Washington, D.C. with his wife Christine Rosen and two sons.
EDUCATION
Yale Law School. J.D., 1991
Miller Prize for best paper on the Bill of Rights
Senior Editor, Yale Law Journal
Balliol College, Oxford. Marshall Scholar.
B.A. in Philosophy, Politics, and Economics, 1988
Harvard College. A.B. summa cum laude in English and Government, 1986
The Student Orator, Harvard's 350th Anniversary, September, 1986
The Harvard Orator, Class Day, June, 1986
Phi Beta Kappa, Junior Twelve, elected Spring, 1985
Hoopes Prize for Senior Thesis on Henry Adams
The Dalton School, New York City, 1982.
Valedictorian; National Merit Scholar
1
WORK EXPERIENCE
Professor, The George Washington University Law School
Associate Professor since 1997
Legal Affairs Editor, The New Republic, since 1992
Nonresident Senior Fellow, The Brookings Institution, since 2008
As head of the Brookings Project on Technology and the Constitution, helped to raise
nearly $1 million from foundations and private companies to support research on how
technologies, from brainscans to new forms of surveillance, are challenging constitutional
values, and how the Constitution, statutes, and laws, can respond to these challenges.
Moderator, The Aspen Institute, since 2000
Conduct seminars and moderate panels for the Aspen Socrates Institute, Society of
Fellows and Ideas Festival on technology and the Constitution, privacy, free speech and
democracy, balancing liberty and security, and religious freedom.
Advisory Board, The Electronic Privacy Information Center, since 2008
Constitutional Consultant, Law & Order, 2007-2010
Wrote memos for the writers of Law & Order about constitutional and legal issues raised
by the draft storylines in the scripts.
Staff Writer, The New Yorker, 1997-99
Frequent contributor, The New York Times Magazine, The Atlantic Monthly, National Public
Radio, 1997-present
Law Clerk, Chief Judge Abner J. Mikva, U.S. Court of Appeals,
D.C. Circuit, 1991-2
2
SELECTED BIBLIOGRAPHY
Books
Louis Brandeis: An Interpretative Biography (Under contract, Yale University Press)
Constitution 3.0: Freedom and Technological Change, co-editor, with Benjamin Wittes.
(Brookings Press, 2011).
The Supreme Court: The Personalities and Rivalries that Defined America (Times Books, 2007)
The Most Democratic Branch: How the Courts Serve America (Oxford University Press, 2006)
The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age (Random House, 2004)
The Unwanted Gaze: The Destruction of Privacy in America (Random House, 2000)
Book Chapters
“The Supreme Court and the Culture Wars” in A Year at the Supreme Court,” David Douglas
and Neal Devins, eds. (Duke University Press, 2004).
Rosen, J., dissenting in What Roe v. Wade Should Have Said, Jack Balkin, ed. (New York
University Press, 2005).
.
“Political Questions and the Hazards of Pragmatism,” in Bush v. Gore: The Question of
Legitimacy, Bruce Ackerman, ed. (Yale University Press, 2002).
“We Hardly Know it When we See it: Obscenity and the Problem of Unprotected Speech” in
Reason and Passion: Justice Brennan’s Enduring Influence in E. Joshua Rosenkranz and
Bernard Schwartz, eds. (Norton, 1997).
Law Review Articles
34 Harv. J.L. & Pub. Pol'y 129 (2011), 4421 words, ORIGINALISM
2.0: THE TWENTY-NINTH ANNUAL FEDERALIST SOCIETY NATIONAL STUDENT
SYMPOSIUM ON LAW AND PUBLIC POLICY--2010: IV. ORIGINALISM,
PRECEDENT, AND JUDICIAL RESTRAINT: ORIGINALISM, PRECEDENT, AND
JUDICIAL RESTRAINT, JEFFREY ROSEN
3
9 J. on Telecomm. & High Tech. L. 345 (2011), 6480 words, INFORMATION PRIVACY:
FREE SPEECH, PRIVACY, AND THE WEB THAT NEVER FORGETS, By Jeffrey Rosen
49 Santa Clara L. Rev. 929 (2009), KEYNOTE ADDRESS: SANTA CLARA LAW REVIEW
SYMPOSIUM: BIG BUSINESS AND THE ROBERTS COURT
35 Pepp. L. Rev. 503 (2008). AN ENIGMATIC COURT? EXAMINING THE ROBERTS
COURT AS IT BEGINS YEAR THREE: The Roberts Court & Executive Power
43 Tulsa L. Rev. 885 (2008). LEGAL SCHOLARSHIP SYMPOSIUM: THE SCHOLARSHIP
OF CASS SUNSTEIN: SUNSTEIN AND BRANDEIS: THE MINIMALIST AND THE
PROPHET
31 Harv. J.L. & Pub. Pol'y 937 (2008). SYMPOSIUM ESSAYS ON ORIGINALISM: I.
ORIGINALISM AND PRAGMATISM: FALSE FRIENDS
47 Washburn L.J. 1 (2007). THE FOULSTON SIEFKIN LECTURE: The Supreme Court:
Judicial Temperament and the Democratic Ideal
56 Syracuse L. Rev. 383 (2006). BRIDGING THE GREAT DIVIDE: A SYMPOSIUM ON THE
STATE OF LEGAL JOURNALISM: FOREWORD
Opening Address, Symposium on Security, Technology, and Individual Rights, 2 GEORGETOWN J.
OF LAW & PUB. POLICY 17 (2004).
Liberty and Security After 9/11, The Georgetown Journal of Law and Public Policy, Georgetown
University Law Center, 2004.
The Philip D. Reed Lecture: I-Commerce: Tocqueville, The Internet, and the Legalized Self, 70
Fordham L. Rev. 1 (2001).
Privacy and Context: A Response, Georgetown Law Journal’s Symposium on The Unwanted
Gaze, Georgetown Law Journal, 89 Georgetown L.J. 2117 (2001).
Privacy in Public Places, 12 Cardozo Studies in Law and Literature 167 (2000).
Foreword, The Michigan Law Review’s 1999 Survey of Books Relating to the Law, 97 Mich. L.
Rev. 1323 (1999).
Textualism and the Civil War Amendments: Translating the Privileges or Immunities Clause, 66
Geo. Wash. L. Rev. 1241 (1998).
After “One Angry Woman,” 1998 Univ. of Chic. Legal Forum 179 (1998)
Class Legislation, Public Choice, and the Structural Constitution, 21 Harv. Journal of Law and
Public Policy 181 (1997)
4
The Color-Blind Court, 45 Am. U.L. Rev. 791 (1996).
Kiryas Joel and Shaw v. Reno: A Text-Bound Interpretivist Approach. 26 Cumb. L. Rev. 387
(1996).
Who Cares? 40 N.Y.L. Sch. L. Rev. 899 (1996).
Divided Suffrage, 12 Const. Commentary 199 (1995).
Overcoming Posner, 105 Yale L.J. 581 (1995).
Was the Flag Burning Amendment Unconstitutional? 100 Yale L.J. 1073 (1991).
The New York Times Magazine
The New York Times, November 28, 2010 Sunday, Late Edition - Final, Section MM; Column
0; Magazine Desk; IDEA LAB; Pg. 34, 1967 words, Radical Constitutionalism, By JEFFREY
ROSEN
The New York Times, July 25, 2010 Sunday, Late Edition - Final, Section MM; Column 0;
Magazine Desk; Pg. 30, 7054 words, The End of Forgetting. Cover story.
Prisoners of Parole, The New York Times, January 10, 2010, Magazine Desk; Pg. 36, 3056
words,
What’s a Liberal Justice Now? The New York Times, May 26, 2009 Sunday. Magazine Desk.
Google's Gatekeepers, The New York Times, November 30, 2008 Sunday, Late Edition Final, Section MM; Column 0; Magazine Desk; Pg. 50
Supreme Court Inc., The New York Times, March 16, 2008 Sunday Magazine; Pg. 38, 7950
words, By JEFFREY ROSEN. Cover story
The Dissenter: A Profile of Justice John Paul Stevens. The New York Times, September 23,
2007. Cover Story
Conscience of a Conservative, the New York Times Magazine, September 9, 2007. Profile of
Jack Goldsmith’s A Terror Presidency
The Right To Spend, The New York Times, July 8, 2007 Sunday, Late Edition - Final, Section
6; Column 0; Magazine; The Way We Live Now; Pg. 11, 957 words
5
Whos Watching the F.B.I.?, The New York Times, April 15, 2007 Sunday, Late Edition Final, Section 6; Column 3; Magazine; THE WAY WE LIVE NOW: 4-15-07; Pg. 13, 1009
words, By Jeffrey Rosen.
The Brain on the Stand, The New York Times, March 11, 2007 Sunday, Late Edition - Final,
Section 6; Column 3; Magazine; Pg. 49, 7726 words, By Jeffrey Rosen. Cover story
School Colors. The New York Times, September 24, 2006 Sunday, Late Edition - Final, Section
6; Column 3; Magazine; THE WAY WE LIVE NOW: 9-24-06; Pg. 15, 993 words, By Jeffrey
Rosen.
The New York Times, February 5, 2006 Sunday, Late Edition - Final, Section 6; Column 2;
Magazine; THE WAY WE LIVE NOW: 2-05-06: IDEA LAB; Pg. 28, 822 words, Is Ritual
Circumcision Religious Expression?, By Jeffrey Rosen.
The New York Times, December 11, 2005 Sunday, Late Edition - Final, Section 6; Column 1;
Magazine; Pg. 106, 409 words, Yoo Presidency, The, By Jeffrey Rosen
The New York Times, October 16, 2005 Sunday, Late Edition - Final, Section 6; Column 3;
Magazine; THE WAY WE LIVE NOW: 10-16-05; Pg. 13, 1112 words, The Woman's Seat, By
Jeffrey Rosen.
The New York Times, September 18, 2005 Sunday, Late Edition - Final, Section 6; Column 3;
Magazine; The Way We Live Now: 9-18-05; Pg. 19, 1057 words, The New Boss
The New York Times, August 28, 2005 Sunday, Late Edition - Final, Section 6; Column 1;
Magazine Desk; Pg. 24, 7538 words, Roberts V. The Future . Cover Story.
New York Times, July 24, 2005 Sunday, Late Edition - Final, Section 6; Column 3; Magazine
Desk; THE WAY WE LIVE NOW: 7-24-05; Pg. 13, 989 words, Supreme Modesty.
The New York Times, June 12, 2005 Sunday, Late Edition - Final, Section 6; Column 3;
Magazine Desk; THE WAY WE LIVE NOW: 6-12-05; Pg. 17, 1557 words, Center Court
The New York Times, April 17, 2005 Sunday, Late Edition - Final, Section 6; Column 1;
Magazine Desk; Pg. 42, 7655 words, The Unregulated Offensive. Cover Story
The New York Times, December 19, 2004 Sunday, Late Edition - Final, Section 6; Column 1;
Magazine Desk; THE WAY WE LIVE NOW: 12-19-04: PHENOMENON; Pg. 24, 3156 words,
Your Blog or Mine?
The New York Times, December 12, 2004 Sunday, Late Edition - Final, Section 6; Column 3;
Magazine Desk; THE 4TH ANNUAL: YEAR IN IDEAS; Pg. 86, 402 words, Popular
Constitutionalism, By JEFFREY ROSEN
6
The New York Times, December 5, 2004 Sunday, Late Edition - Final, Section 6; Column 3;
Magazine Desk; THE WAY WE LIVE NOW: 12-05-04; Pg. 29, 977 words, Courting Disaster,
The New York Times , January 4, 2004, Sunday, Late Edition - Final, Section 6; Page 10;
Column 1; Magazine Desk, 846 words, THE WAY WE LIVE NOW: 1-4-04: ESSAY; Naked
Terror.
The New York Times , September 7, 2003, Sunday, Late Edition - Final, Section 6; Page 48;
Column 1; Magazine Desk, 3129 words, How to Reignite the Culture Wars.
The New York Times , June 1, 2003, Sunday, Late Edition - Final, Section 6; Page 52; Column
1; Magazine Desk, 3213 words, How I Learned to Love Quotas, By Jeffrey Rosen.
The New York Times , August 11, 2002, Sunday, Late Edition - Final, Section 6; Page 38;
Column 1; Magazine Desk , 3502 words, Obstruction of Judges.
The New York Times , April 14, 2002, Sunday, Late Edition - Final, Section 6; Page 46; Column
1; Magazine Desk , 5039 words, Silicon Valley's Spy Game.
The New York Times, October 7, 2001, Sunday, Late Edition - Final, Section
6; Page 38; Column 1; Magazine Desk, 6144 words, A Watchful State: Our Coming Surveillance
Society. Cover Story
The New York Times, June 3, 2001, Sunday, Late Edition - Final, Section
6;Page 32;Column 1;Magazine Desk, 5032 words, A Majority of One: The O’Connor Court.
Cover Story.
The New York Times, October 22, 2000, Sunday, Late Edition - Final, Section
6; Page 74; Column 2; Magazine Desk, 4640 words, The Next Court,
The New York Times, April 30, 2000, Sunday, Late Edition - Final, Section
6; Page 46; Column 1; Magazine Desk, 7145 words, The Eroded Self: Why Internet Privacy
Matters. Cover Story
The New York Times, January 30, 2000, Sunday, Late Edition - Final, Section
6; Page 40; Column 1; Magazine Desk, 5012 words, Is Nothing Secular: How the Wall Between
Church and State Collapsed.
The New York Times, October 5, 1997, Sunday, Late Edition - Final, Ruth Bader Ginsburg,
Section 6; Page 60; Column 1; Magazine Desk, 7346 words, The New Look of Liberalism on the
Court. Cover Story
The New York Times, June 1, 1997, Sunday, Late Edition - Final, Kenneth Starr, Section 6; Page
42; Column 1; Magazine Desk, 4517 words, Kenneth Starr, Trapped.
7
The New York Times Book Review
The New York Times, November 27, 2011 Sunday, Late Edition - Final, Section BR; Column
0; Book Review Desk; Pg. 18, 1596 words, Inconspicuous Consumption.
The New York Times, November 13, 2011 Sunday, Late Edition - Final, Section BR; Column
0; Book Review Desk; Pg. 42, 1301 words, Defining 'Equal.'
The New York Times, July 17, 2011 Sunday, Late Edition - Final, Section BR; Column 0;
Book Review Desk; Pg. 17, 1390 words, Anything but the Truth.
The New York Times, May 29, 2011 Sunday, Late Edition - Final, Section BR; Column 0;
Book Review Desk; Pg. 16, 1272 words, Criminal Injustice
The New York Times, January 3, 2010 Sunday, Late Edition - Final, Section BR; Column 0;
Book Review Desk; Pg. 12, 1303 words, A Man of Influence, By JEFFREY ROSEN.
Voices of Victims, The New York Times, August 10, 2008 Sunday, Late Edition - Final,
Section BR; Column 0; Book Review Desk; Pg. 23, 957 words, By JEFFREY ROSEN
Behind the Scenes of Secret Surveillance and its Public Unmasking, The New York Times, April
3, 2008 Thursday, Late Edition - Final, Section E; Column 0; The Arts/Cultural Desk; BOOKS
OF THE TIMES; Pg. 9, 1192 words, Review of Eric Lichtblau’s Bush’s War. By JEFFREY
ROSEN.
Say What You Will, The New York Times, January 13, 2008 Sunday, Late Edition Final, Section 7; Column 0; Book Review Desk; Pg. 1, 1239 words. Cover review of Anthony
Lewis’s Freedom for the Thought We Hate. By Jeffrey Rosen
Wrongly Accused. The New York Times, September 16, 2007. Review of Stuart Taylor and
K.C. Johnson’s Until Proven Innocent.
The New York Times, January 29, 2006 Sunday, Late Edition - Final, Section 7; Column 1;
Book Review Desk; ESSAY; Pg. 27, 1394 words, Judicial Exposure, By Jeffrey Rosen.
The New York Times, May 6, 2005. Late Edition - Final, Section E; PT2; Column 3;
Leisure/Weekend Desk; BOOKS OF THE TIMES; Pg. 43, 1240 words, A Pivotal Justice Less
Than Supremely Confident. Review of Linda Greenhouse’s Becoming Justice Blackmun.
The New York Times, April 17, 2005 Sunday. Late Edition - Final, Section 7; Column 1; Book
Review Desk; Pg. 15, 984 words, Your Right to Say It. Review of Floyd Abrams’s Speaking
Freely.
8
The New York Times, November 4, 2001, Sunday, Late Edition - Final, Section
7; Page 15; Column 1; Book Review Desk, 1116 words, Renchburg's the One! Review of John
Dean’s The Rehnquist Choice.
The New York Times, December 17, 2000, Sunday, Late Edition - Final,
Section 7; Page 26; Column 1; Book Review Desk, 1101 words, One Man's Justice. Review of
Albert W. Alschuler’s Law Without Values: The Life, Work, and Legacy of Justice Holmes
The New York Times, November 2, 1997, Sunday, Late Edition - Final, Section 7; Page 12;
Column 1; Book Review Desk , 1125 words, The Hopeless Moralist. Review of Richard
Polenberg’s The World of Benjamin Cardozo: Personal Values and the Judicial Process.
The New York Times, December 29, 1996, Sunday, Late Edition - Final, Section 7; Page 21;
Column 1; Book Review Desk, 1456 words, In Search of Common Ground. Review of Amy
Gutmann and Dennis Thompson’s Democracy and Disagreement.
The New York Times, September 22, 1996, Sunday, Late Edition - Final, Section 7; Page 32;
Column 3; Book Review Desk , 1104 words, Gag Order. Review of Owen Fiss’s The Irony of
Free Speech.
The New York Times, August 20, 1995, Sunday, Late Edition - Final, Section 7; Page 11;
Column 1; Book Review Desk , 1198 words, Disorder in the Court. Review of James Simon’s
The Center Holds.
The New York Times, September 18, 1994, Sunday, Late Edition - Final, William M. Kunstler,
Section 7; Page 16; Column 3; Book Review Desk , 1322 words, The Trials of William
Kunstler. Review of William Kunstler’s My Life as A Radical Lawyer.
The New York Times Op Ed Page & Week In Review
The New York Times, September 13, 2011 Tuesday, Late Edition - Final, Section A; Column
0; Editorial Desk; OP-ED CONTRIBUTOR; Pg. 31, 906 words, Protect Our Right to
Anonymity, By JEFFREY ROSEN. Jeffrey Rosen, a law professor at George Washington
University, is an editor of the forthcoming book ''Constitution 3.0: Freedom and Technological
Change.''
The New York Times, January 9, 2011 Sunday, Late Edition - Final, Section WK; Column 0;
Week in Review Desk; Pg. 1, 1349 words, If Scalia Had His Way, By JEFFREY ROSEN
The New York Times, July 4, 2010 Sunday, Late Edition - Final, Section WK; Column 0;
Editorial Desk; OP-ED CONTRIBUTOR; Pg. 8, 764 words, Brandeis's Seat, Kagan's
Responsibility
9
The New York Times, September 13, 2009 Sunday, Late Edition - Final, Section WK; Column
0; Editorial Desk; OP-ED CONTRIBUTOR; Pg. 18, 1380 words, The Trial Of John Roberts.
The New York Times, May 2, 2009 Saturday, Late Edition - Final, Section A; Column 0;
Editorial Desk; OP-ED CONTRIBUTOR; Pg. 21, 870 words, The Stealth Justice, By JEFFREY
ROSEN.
The Myth of Biden v. Bork, The New York Times, August 27, 2008 Wednesday, Late Edition
- Final, Section A; Column 0; Editorial Desk; OP-ED CONTRIBUTOR
A Card-Carrying Civil Libertarian, The New York Times, March 1, 2008 Saturday, Late
Edition - Final, Section A; Column 0; ; OP-ED CONTRIBUTOR; Pg. 17, 936 words, By
JEFFREY ROSEN
Can a Law Change A Society?, The New York Times, July 1, 2007 Sunday, Late Edition Final, Section 4; Column 0; Week in Review Desk; THE NATION; Pg. 1, 1347 words, By
JEFFREY ROSEN.
Loyalty First?, The New York Times, April 19, 2007 Thursday, Late Edition - Final, Section
A; Column 5; Editorial Desk; A Dozen Questions for Alberto Gonzales; Pg. 27, 244 words, By
Jeffrey Rosen.
In Wartime, Who Has The Power?, The New York Times, March 4, 2007 Sunday, Late Edition
- Final, Section 4; Column 1; Week in Review Desk; THE NATION; Pg. 1, 1242 words, By
JEFFREY ROSEN.
A Terror Trial, with or Without Due Process, The New York Times, September 10, 2006,
Sunday Section 4; Column 1; Week in Review Desk; IDEAS & TRENDS; pg. 14, 1172 words
The New York Times, June 11, 2006 Sunday, Late Edition - Final, Section 4; Column 1; Week
in Review Desk; IDEAS & TRENDS; Pg. 14, 1131 words, Perhaps Not All Affirmative Action
Is Created Equal, By JEFFREY ROSEN.
The New York Times, January 15, 2006 Sunday, Late Edition - Final, Section 4; Column 4;
Week in Review Desk; THE NATION: BENCHMARK; Pg. 1, 1323 words, Alito Vs. Roberts,
Word By Word.
The New York Times, October 30, 2005 Sunday, Late Edition - Final, Section 4; Column 1;
Week in Review Desk; Pg. 1, 1227 words, So, Do You Believe in 'Superprecedent'?
The New York Times, July 21, 2005 Thursday, Late Edition - Final, Section A; Column 2;
Editorial Desk; Pg. 29, 1272 words, In Search of John Roberts.
10
The New York Times, July 3, 2005 Sunday, Late Edition - Final, Section 4; Column 1; Week in
Review Desk; IDEAS AND TRENDS: STORM WATCH; Pg. 1, 1425 words, So What's the
'Right' Pick?
The New York Times, May 22, 2005 Sunday, Late Edition - Final, Section 4; Column 1; Week
in Review Desk; The Nation: Fight Club; Pg. 1, 1374 words, The Senate Nears the Point of No
Return.
The New York Times, May 1, 2005 Sunday, Late Edition - Final, Section 4; Column 3; Week
in Review Desk; The Nation: Just Politics; Pg. 4, 744 words, The Brawl That May Erupt Over
the High Court.
New York Times, August 15, 2004 Sunday, Late Edition - Final, Section 4; Column 2; Week in
Review Desk; The Nation; Pg. 5, 1021 words, The Struggle Over the Torture Memos.
The New York Times , July 4, 2004 Sunday, Late Edition - Final, Section 4; Column 1; Week in
Review Desk; The Nation; Pg. 3, 1307 words, One Eye on Principle, the Other On the People's
Will.
The New York Times , February 6, 2004 Friday, Late Edition - Final , Section A; Column 2;
Editorial Desk; Pg. 27, 1231 words, How to Protect America, and Your Right. Op Ed.
The New York Times , February 1, 2004, Sunday, Late Edition - Final, Section 4; Page 1;
Column 1; Week in Review Desk, 1321 words, The Nation: Social Court; The Justice Who
Came to Dinner.
The New York Times , December 21, 2003, Sunday, Late Edition - Final, Section 4; Page 1;
Column 4; Week in Review Desk, 1447 words, The World; Pursuing Justice: Perils of the Past.
The Coming Trial of Saddam Hussein.
The New York Times , November 18, 2001, Sunday, Late Edition - Final, Section 4; Page 1;
Column 3; Week in Review Desk , 1557 words, The Nation: What Price Security?; Testing the
Resilience of American Values,
The New York Times , October 13, 2002, Sunday, Late Edition - Final, Section 4; Page 4;
Column 1; Week in Review Desk, 1291 words, The Nation; The Need to Test Evidence,
The New York Times , October 6, 2002, Sunday, Late Edition - Final, Section 4; Page 13;
Column 1; Editorial Desk , 989 words, The Difficult Balance Between Liberty and Security,
The New York Times , June 28, 2002, Friday, Late Edition - Final, Section A; Page 27; Column
2; Editorial Desk , 970 words, The Refining of Religious Neutrality.
The New York Times, July 17, 2001, Tuesday, Late Edition - Final, Section
A; Page 19; Column 1; Editorial Desk , 938 words, The Recount Is In, and the
11
Supreme Court Loses.
The New York Times, November 23, 2000, Thursday, Late Edition - Final,
Section A; Page 43; Column 1; Editorial Desk, 954 words, Florida's Justices Went
Too Far: A Lesson for the U.S. Supreme Court.
The New York Times, June 7, 2000, Wednesday, Section A, Page 31, Editorial Desk, My Child,
Mine to Protect: The Supreme Court Agrees About Privacy.
The New York Times, April 2, 2000, Sunday, Late Edition - Section 4; Page 1; Column 1; Week
in Review Desk , 1565 words, IDEAS & TRENDS: Bus Stop; The Lost Promise Of School
Integration,
The New York Times, May 31, 1999, Monday, Late Edition - Final, Section
A; Page 13; Column 1; Editorial Desk , 1014 words, Score Another One for the
Behavior Police.
The New York Times, December 6, 1998, Sunday, Late Edition - Final, Section 4; Page 19;
Column 2; Editorial Desk , 1063 words, Stop, in the Name of the Law. Why the House Should
Exercise Prosecutorial Discretion.
The New York Times, July 30, 1998, Thursday, Late Edition - Final, Section
A; Page 21; Column 1; Editorial Desk, 978 words, How to Isolate A President. Executive
Privilege and the Starr Subpoenas.
The New York Times, January 25, 1998, Sunday, Late Edition - Final, Section 4; Page 15;
Column 1; Editorial Desk , 1256 words, When Reckless Laws Team Up. The Convergence of
Sexual Harassment Law and the Independent Counsel Law.
The New York Times, June 29, 1997, Sunday, Late Edition - Final, Section 4; Page 15; Column
1; Editorial Desk , 1014 words, Nine Votes for Judicial Restraint. The Supreme Court and the
Right to Die.
The New York Times, July 3, 1996, Wednesday, Late Edition - Final, Section A; Page 23;
Column 1; Editorial Desk, 1068 words, Single-Sex Schools and Double Standards. The VMI
Decision and the Future of Single-Sex Education.
.
The New York Times, December 26, 1995, Tuesday, Late Edition - Final, Section A; Page 21;
Column 2; Editorial Desk, 1081 words, Make Up Our Mind, Justice O'Connor. The Voting
Rights Cases are Analytically Incoherent.
The New York Times, March 17, 1995, Friday, Late Edition - Final, Section A; Page 29;
Column 2; Editorial Desk , 664 words, Mediocrity on the Bench. President Clinton’s appellate
nominees.
12
The New York Times, November 16, 1993, Tuesday, Late Edition - Final, Section A; Page 27;
Column 1; Editorial Desk, 648 words, Fast-Food Justice. The Supreme Court’s terse Sexual
Harassment Decision.
The New York Times, November 9, 1986, Sunday, Late City Final Edition, Section 12; Page 74,
Column 1; Survey of Education Desk, 1082 words, END PAPER; A Generation of Neo-Puritans.
The Washington Post
The Washington Post, September 4, 2011 Sunday 8:11 PM EST, , Outlook; Pg. B07, 1102
words, Data security's weak link: Humans
The Washington Post, April 17, 2011 Sunday, Every Edition, OUTLOOK; Pg. B06, 1222
words, No secret is safe, even for WikiLeaks leader Julian Assange
The Washington Post, November 28, 2010 Sunday, Every Edition, OUTLOOK; Pg. B01, 1458
words, The TSA is invasive, annoying - and unconstitutional, Jeffrey Rosen
The Washington Post, March 15, 2010 Monday 1:34 PM EST, , 695 words, Obama vs. Supreme
Court: Ruling will come in court of public opinion, Jeffrey Rosen
The Washington Post, February 21, 2010 Sunday, Bulldog Edition, OUTLOOK; Pg. B01, 1811
words, Barack Obama, Supreme Court justice., essay Jeffrey Rosen illustration by David M.
Brinley
The Washington Post, July 5, 2009 Sunday, Regional Edition, OUTLOOK; Pg. B06, 996
words, Black Robe Politics, Jeffrey Rosen
Fine Balance: How a liberal Republican Governor Shaped the Supreme Court. The Washington
Post, December 17, 2006 Sunday, Final Edition, Book World; T04, 1133 words, Reviewed by
Jeffrey Rosen
The Washington Post, March 27, 2005 Sunday, Final Edition, Outlook; B01, 1413 words, It's
The Law, Not the Judge; But These Days the Bench Is the Hot Seat.
The Washington Post , October 05, 2003, Sunday, Final Edition, BOOK WORLD; Pg. T09, 993
words, More Perfect Unions; Looking for the constitutional grounds for gay marriage. Review of
Evan Gerstmann’s Same Sex Marriage and the Constitution.
The Washington Post, March 09, 2003, Sunday, Final Edition, BOOK WORLD; Pg. T05, 1205
words, Courting Trouble. Review of Bruce Allen Murphy’s Wild Bill: The Life and Legend of
William O. Douglas.
13
The Washington Post , September 15, 2002, Sunday, Final Edition, OUTLOOK; Pg. B01, 2220
words, Liberty Wins -- So Far; Bush Runs Into Checks and Balances in Demanding New
Powers,
The Washington Post, November 05, 2001, Monday, Final Edition, STYLE; Pg. C04; BOOK
WORLD, 865 words, Twelve Thoughtful Men,
The Washington Post, April 23, 2000, Sunday, Final Edition, OUTLOOK; Pg.
B03, 2360 words. Zero Tolerance; When Good Policing Goes Bad.
The Washington Post, June 19, 1994, Book World, p. X11, 1143 words, Prosecuting the
Nominees, Review of Stephen L. Carter’s The Confirmation Mess.
The Washington Post, January 2, 1994, Sunday, Book World, p. X4, 874 words, Inspiring Good
Opinions, Review of Kim Isaac Eisler’s A Justice for All: William Brennan and the Decisions
that Transformed America.
The New Yorker
The New Yorker, January 11, 1999, Rehnquist’s Choice: How Will the Chief Justice Preside
Over the President’s Trial?
The New Yorker, November 16, 1998, Low Crimes and Misdemeanors: Is Kenneth Starr Really
a Rogue or Just Part of a Trend?
The New Yorker, September 29, 1998, Jurisprurience: Graphic Sexual Evidence, Jury Behavior,
and President Clinton’s Amendments to the Federal Rules of Evidence.
The New Yorker, August 10, 1998, The Perjury Trap: Are All Lies Equal?
The New Yorker, June 1, 1998, Is Nothing Private?: The Right to Protect Our Most Intimate
Secrets is Being Chipped Away.
The New Yorker, February 23 & March 2, 1998, Damage Control: The Unintended
Consequences of Proposition 209 have forced some of its stauncher supporters to reconsider.
The New Yorker, October 20 & 27, 1997, The Social Police: Obeying the Law Because You’d
Be Embarrassed Not To. The New Chicago School of Social Norms.
The New Yorker, February 24 & March 3, 1997, One Angry Woman: Why Are Hung Juries on
the Rise?
The New Yorker, November 11, 1996, The Agonizer. A Profile of Justice Anthony Kennedy.
14
The New Yorker, April 29 & May 6, 1996, Moving On: In His Latest Incarnation, Justice
Clarence Thomas Takes his Text from Booker T. Washington.
The New Yorker, August 7, 1995, Cheap Speech: Will The Old First Amendment Survive the
New Technologies?
The Atlantic Monthly
The Atlantic Monthly, January 1, 2007, Roberts’s Rules: An Interview with Chief Justice John
Roberts. 6000 words. By Jeffrey Rosen
The Atlantic Monthly, June 1, 2006, 7629 words. The Day After Roe. Cover story.
The Atlantic Monthly, April 1, 2005, No. 3, Vol. 295; Pg. 79; ISSN: 1072-7825, 6384 words,
Rehnquist the great? Even liberals may come to regard William Rehnquist as one of the most
successful chief justices of the century.
The Atlantic Monthly, April 1, 2004, No. 3., Vol 298; Pg. 68, 8923 words. John Ashcroft’s
Permanent Campaign.
The Atlantic Monthly, April, 1994, Vol. 273 ; No. 4 ; Pg. 121; 2904 words, Review of David
Garrow’s Liberty and Sexuality: The Right to Privacy and the Making of Roe v.Wade.
Time
Time, May 24, 2010 Monday, THE WELL; Nation, Elena Kagan; Pg. 28, 1550 words, Now
Playing For Center Court, Jeffrey Rosen
Time, June 22, 2009, U.S. Edition, THE WELL; Nation, Sonia Sotomayor; Pg. 34, 2429
words, Where She Really Stands On Race, Jeffrey Rosen
Supreme Agreement: The Supreme Court’s Group Hug, Time, July 3, 2008
Courting Controversy, Time, July 9, 2007, pg. 16, 803 words, Jeffrey Rosen
Forced into a Gun Debate, Time, May 7, 2007.
Disorder in the Court: The Guantanamo decision revealed a vein of deep passion on the Supreme
Court. Which is just what Chief Justice John Roberts hoped for. Time, July 10, 2006, p. 26, 1846
words, Jeffrey Rosen
Time Magazine, February 9, 1998, SPECIAL REPORT; Pg. 48, 1222 words, Laws that Run
Amuck; Two ill-conceived laws are to blame for the current crisis in American politics
15
The New Republic: Review Essays
The New Republic, July 22, 2010 Thursday, Pg. 19, 13542 words, WHY BRANDEIS
MATTERS: The Fierce Urgency of his Economic Vision. Cover story
The New Republic, December 10, 2007. Pinpointed. Review of Clarence Thomas’s My
Grandfather’s Son.
The New Republic, May 10, 2004, Pg. 29, 4848 words, Lincoln v. Lincoln. Review of Daniel
Farber’s Lincoln’s Constitution.
The New Republic , August 5, 2002 - August 12, 2002, Pg. 25, 4412 words, And Prime Time for
All; Television collides with the Supreme Court.
The New Republic, NOVEMBER 6, 2000, Pg. 38, 6144 words, The End of
Deference, Review of Lucas A. Powe, Jr.’s The Warren Court and American Politics.
The New Republic, JUNE 28, 1999, Pg. 43, 8599 words, The Age of Mixed
Results, Review of Cass Sunstein’s One Step at a Time.
The New Republic, JANUARY 5, 1998 / JANUARY 12, 1998, Pg. 35, 6640 words, America in
Thick and Thin: Exculsion, Discrimination and the Making of Americans. Review of Rogers
Smith’s Civic Ideals. Cover Story.
The New Republic, MAY 5, 1997, Pg. 26, 10341 words, Originalist Sin: The Achievement of
Antonin Scalia, and Its Intellectual Incoherence. Review of Antonin’s Scalia’s: A Matter of
Interpretation. Cover Story.
The New Republic, DECEMBER 9, 1996, Pg. 27, 16483 words, The Bloods and the Crits: O.J.
Simpson, critical race theory, the law, and the triumph of color in America. Cover Story.
The New Republic, DECEMBER 19, 1994, Pg. 27, 5858 words, Confirmations: Hill, Thomas,
and the Dirty on Everybody. Review of Jill Abramson and Jane Mayer’s Strange Justice.
The New Republic, DECEMBER 5, 1994, Pg. 40, 4703 words, THE FORGOTTEN
FORMALIST. Review of Roger K. Newman’s Hugo Black: A Biography.
The New Republic, JULY 4, 1994, Pg. 36, 4978 words, The Craftsman and the Nihilist, Review
of Gerald Gunther’s Learned Hand.
The New Republic, FEBRUARY 7, 1994, Pg. 35, 2960 words, The Limits of Limits. Review of
Cass Sunstein’s Democracy and the Problem of Free Speech.
16
The New Republic, September 6, 1993, Vol. 209 ; No. 10 ; Pg. 43; 3033 words, "Life's
Dominion": an exchange; lengthy reply to review of Ronald Dworkin’s Life’s Dominion,
including reviewer's rejoinder. ; Letter to the Editor, Dworkin, Ronald M.
The New Republic, June 14, 1993, Vol. 208 ; No. 24 ; Pg. 35; 5007 words, A Womb with A
View, Review of Ronald Dworkin’s Life's Dominion: An Argument About Abortion,
Euthanasia, and Individual Freedom.
The New Republic: Articles
The New Republic, December 15, 2011, Pg. 5, 882 words, No Objection, JEFFREY ROSEN
The New Republic, November 17, 2011, Pg. 9, 1102 words, Boston Legal, JEFFREY ROSEN
The New Republic, September 15, 2011, Pg. 20, 162 words, Obama's Missed Opportunity,
JEFFREY ROSEN
The New Republic, August 18, 2011, Pg. 11, 2107 words, Strong Opinions, JEFFREY ROSEN
The New Republic, July 14, 2011, Pg. 7, 3115 words, Disorder in the Court, JEFFREY ROSEN
The New Republic, April 7, 2011, Pg. 12, 886 words, Going Rogue, JEFFREY ROSEN
The New Republic, February 17, 2011, Pg. 8, 2005 words, Words and Consequences, JEFFREY
ROSEN
The New Republic, December 30, 2010, Pg. 9, 1300 words, Nude Breach, JEFFREY ROSEN
The New Republic, December 2, 2010, Pg. 17, 3044 words, Franken Sense, JEFFREY ROSEN
The New Republic, Privacy Strikes Back, November 11, 2010, 1566 words
The New Republic, April 8, 2010, Pg. 6, 1221 words, POTUS v. SCOTUS, Jeffrey Rosen ©
2009, The New Republic
The New Republic, March 11, 2010, Pg. 17, 2331 words, Roberts versus Roberts, Jeffrey Rosen
The New Republic, October 21, 2009, Pg. 10, 1294 words, Net Cemetery, JEFFREY ROSEN
The New Republic, July 1, 2009, Pg. 16, 3146 words, Sotto Voce, Jeffrey Rosen
The New Republic, May 13, 2009 Wednesday, Pg. 7, 1264 words, Truth or Dare, Jeffrey Rosen
17
The New Republic, April 29, 2009, Pg. 19, 2782 words, Race to the Top, Jeffrey Rosen
The New Republic, March 18, 2009, Pg. 5, 1471 words, TARP Heels, Jeffrey Rosen
The New Republic, March 4, 2009, Pg. 8, 1311 words, Yoo Complete Me, Jeffrey Rosen
The New Republic, December 24, 2008, Pg. 22, 4631 words, Man-Made Disaster, Jeffrey Rosen
The New Republic, November 5, 2008, Pg. 19, 2905 words, McJustice, Jeffrey Rosen
The New Republic, September 24, 2008, Pg. 18, 1875 words, Constitutional Biden, Jeffrey
Rosen
The New Republic, July 9, 2008, Pg. 8, 1422 words, Narrow Minded, Jeffrey Rosen
The New Republic, June 11, 2008, Pg. 9, 1447 words, Justice Delayed, Jeffrey Rosen
The New Republic, April 23, 2008, Pg. 11, 1222 words, States of Nature, Jeffrey Rosen
The New Republic, April 9, 2008, Pg. 9, 1118 words, Legal Bondage, Jeffrey Rosen
The New Republic, March 12, 2008, Pg. 8, 1398 words, Short Bench, Jeffrey Rosen
The New Republic, February 27, 2008, TRB FROM WASHINGTON; Pg. 4, 1113 words, CardCarrying, Jeffrey Rosen
The New Republic, January 30, 2008, Pg. 8, 1041 words, Primary School, Jeffrey Rosen
The New Republic, December 10, 2007, Pg. 47, 5444 words, Pinpointed, Jeffrey Rosen
The New Republic, July 23, 2007, Pg. 9, 1672 words, Court Approval, Jeffrey Rosen
The New Republic, June 18, 2007, Pg. 16, 6003 words, Supreme Leader, Jeffrey Rosen
The New Republic, April 23, 2007, Pg. 37, 2606 words, A Unified Theory of Scandal, Jeffrey
Rosen
The New Republic, March 5, 2007, Pg. 16, 3045 words, My Gitmo Vacation, by jeffrey rosen
The New Republic, December 11, 2006, Pg. 8, 1835 words, Partial Solution, by jeffrey rosen
The New Republic, November 20, 2006, Pg. 12, 1396 words, House Arrest, by jeffrey rosen
The New Republic, November 13, 2006, Pg. 15, 2186 words, Full Court Press, by jeffrey rosen
The New Republic, July 24, 2006, Pg. 8, 2775 words, Power of One, by jeffrey rosen
18
The New Republic, June 5, 2006 - June 12, 2006, Pg. 16, 3261 words, Silent Hill, by jeffrey
rosen
The New Republic, February 27, 2006, Pg. 10, 1968 words, Tap Dance, by jeffrey rosen
The New Republic, January 30, 2006, Pg. 20, 1954 words, Uncle Sam, by jeffrey rosen
The New Republic, November 21, 2005 Correction Appended, Pg. 16, 2503 words, Answer
Key, by jeffrey rosen
The New Republic, November 14, 2005, Pg. 14, 2005 words, Overcharged, by jeffrey rosen
The New Republic, October 17, 2005, Pg. 12, 1173 words, Judge Not, by jeffrey rosen
The New Republic, September 19, 2005, Pg. 12, 1999 words, Stare Decisis
The New Republic, August 1, 2005, Pg. 12, 1975 words, Bottoms Up
The New Republic, May 30, 2005, Pg. 12, 1599 words, Out of Order
The New Republic, March 21, 2005, Pg. 11, 1491 words, Juvenile Logic.
The New Republic, March 14, 2005, Pg. 13, 1443 words, Big Ten.
The New Republic, January 31, 2005, Pg. 10, 2015 words, Breyer Review.
The New Republic, November 29, 2004 - December 6, 2004, Pg. 18, 2528 words, How to Judge
The New Republic, November 15, 2004, Pg. 38, 1060 words, House Divided
The New Republic, November 8, 2004. Pg. 18, 3204 words, Supreme Mistake. Cover Story.
The New Republic, October 4, 2004, Pg. 17, 3004 words, Rematch. Cover Story.
The New Republic, September 6, 2004, Pg. 16, 2498 words, Prevent Defense.
New Republic, July 26, 2004, Pg. 11, 1578 words, Divide and Rule
The New Republic, May 17, 2004, Pg. 14, 2704 words, Home Front: How to Detain Terrorists.
The New Republic, May 3, 2004, Pg. 18, 1715 words, Yawn: The Gay Marriage Anti-Climax.
The New Republic, April 5, 2004, Pg. 14, 1534 words, Quiet Please: Scalia’s Big Mouth
19
The New Republic, January 26, 2004, Pg. 14, 1935 words, Judge Not: Why Congress should
address the alien detentions.
The New Republic, December 22, 2003, Pg. 19, 2405 words, Immodest Proposal: The
Massachusetts Supreme Court’s ruling on Gay Marriage.
The New Republic, September 29, 2003, Pg. 16, 2122 words, Magic Words: Of course McCainFeingold is constitutional.
The New Republic, July 21, 2003, Pg. 15, 2418 words, Kennedy Curse: On sodomy, the Court
overreaches.
The New Republic, July 7, 2003 - July 14, 2003, Pg. 16, 2259 words, Light Footprint: Getting
affirmative action right.
The New Republic, June 16, 2003, Pg. 14, 1621 words, Sister Act: Is Rehnquist a feminist?
The New Republic, May 26, 2003, Pg. 19, 2320 words, Privacy Pleas: Why Congress is brave,
and the courts aren't.
The New Republic, February 24, 2003, Pg. 15, 2366 words, Worst Choice: Why we'd be better
off without Roe.
The New Republic, December 16, 2002, Pg. 11, 1906 words, Security Check: How to stop Big
Brother.
The New Republic, October 28, 2002, Pg. 12, 2251 words, Mouse Trap: Disney's copyright
conquest.
The New Republic, October 21, 2002, Pg. 14, 3200 words, Civil Right: Thank goodness for Dick
Armey.
The New Republic, July 8, 2002 - July 15, 2002, Pg. 14, 1895 words, Private Enemy; Ashcroft
goes over the edge., By Jeffrey Rosen
The New Republic, June 3, 2002, Pg. 17, 2177 words, Minor Infraction; The Supreme Court
misunderstands porn., By Jeffrey Rosen
The New Republic, March 18, 2002, Pg. 19, 1953 words, Class Action; The liberal roots of
vouchers., By Jeffrey Rosen
The New Republic, January 14, 2002, Pg. 21, 4451 words, Modest Proposal; Stephen Breyer
restrains himself., By Jeffrey Rosen
The New Republic, December 10, 2001, Pg. 16, 1938 words, Holding Pattern; Why Congress
must stop Ashcroft's alien detentions., By Jeffrey Rosen
20
The New Republic, November 19, 2001, Pg. 37, 4978 words, A Room With a View, By Jeffrey
Rosen
The New Republic, November 5, 2001, Pg. 21, 1366 words, Bad Luck; Why
Americans exaggerate the terrorist threat.
The New Republic, October 15, 2001, Pg. 12, 1778 words, Tapped Out; The
terrorism bill does too much and not enough.
The New Republic, September 24, 2001, Pg. 17, 696 words, Law and Order;
Terrorism and freedom, then and now.
The New Republic, September 10, 2001, Pg. 21, 2016 words, Chamber Music;
Who's spying on judges?
The New Republic, July 9, 2001, Pg. 14, 1358 words, Freelanced; The Supreme
Court v. Lexis-Nexis.
The New Republic, June 18, 2001, Pg. 12, 1594 words, Bench Press; Rating
W.'s judges.
The New Republic, MAY 14, 2001, Pg. 20, 2101 words, Without Merit: The Michigan
Affirmative Action case.
The New Republic, APRIL 9, 2001 / APRIL 16, 2001, Pg. 24, 2310 words,
Federal Offense: The Supreme Court and discrimination law.
The New Republic, FEBRUARY 26, 2001, Pg. 16, 1802 words, Religious Rights: Why the
Catholic Church Shouldn’t Have to hire Gays.
The New Republic, JANUARY 29, 2001, Pg. 16, 1836 words, Power to Judge: The Ashcroft
Nomination.
The New Republic, DECEMBER 25, 2000, Pg. 18, 2405 words, Disgrace: The Supreme Court
Commits Suicide
The New Republic, DECEMBER 11, 2000, Pg. 16, 1312 words, Judge Not: The Supreme Court
Puts Itself in Harm’s Way
The New Republic, NOVEMBER 27, 2000, Pg. 17, 2289 words, Misjudge: Why the Supreme
Court Would Make the Electoral Crisis Worse.
The New Republic, OCTOBER 16, 2000, Pg. 24, 1773 words, Here's Looking At
You, Does the Supreme Court Value Privacy?
The New Republic, JULY 10, 2000 / JULY 17, 2000, Pg. 16, 1592 words, Pride
21
and Prejudice: The Imperialistic Supreme Court
The New Republic, JUNE 12, 2000, Pg. 22, 4600 words, Fall of Private Man, Cover Story.
The New Republic, MAY 1, 2000, Pg. 18, 1974 words, Right Should Remain
Silent: Why Miranda should be upheld.
The New Republic, APRIL 10, 2000, Pg. 24, 3731 words, Excessive Force: Why New York
Doesn’t Have to be Brutal to be Safe. Cover Story.
The New Republic, FEBRUARY 14, 2000, Pg. 20, 1948 words, Talk Is Cheap: How the Internet
has Made Campaign Finance Reform Impossible.
The New Republic, JANUARY 31, 2000, Pg. 20, 1509 words, Hyperactive: How the Right
learned to Love Judicial Activism.
The New Republic, NOVEMBER 29, 1999, TRB From Washington;, Pg. 6, 1239
words, Sideshow: The Partial Birth Abortion Fraud, Jeffrey Rosen
The New Republic, NOVEMBER 8, 1999, Pg. 24, 2087 words, Indecent Exposure: Privacy on
Trial.
The New Republic, APRIL 26, 1999, Pg. 44, 2757 words, Steele Trap: Kenneth Starr’s Last
Stand.
The New Republic, FEBRUARY 8, 1999, p. 20, 3801 words, Material Girl: The Central
Question for the Senate
The New Republic, DECEMBER 14, 1998, Pg. 18, 2372 words, STARR CROSSED: The
Highly Questionable Independent Counsel.
The New Republic, NOVEMBER 30, 1998, Pg. 24, 1777 words, SHAMELESS: Why Censure Is
Constitutional.
The New Republic, OCTOBER 19, 1998, Pg. 50, 1713 words, Call the whole thing off: George
Gershwin, Of Thee I Sing, and Kenneth Starr.
The New Republic, OCTOBER 5, 1998, Pg. 23, 2383 words, A CONSTITUTIONAL CRISIS:
Kenneth Starr’s Case Against Himself. Cover Story.
The New Republic, JUNE 29, 1998, Pg. 39, 10409 words, In Defense of Gender-Blindness: A
Practical and Philosophical Proposal for Sexual Harassment Law. Cover Story
The New Republic, APRIL 13, 1998, Pg. 16, 1957 words, UNDERPRIVILEGED: Why Clinton
deserves executive privilege.
22
The New Republic, MARCH 16, 1998, Pg. 19, 1948 words, I PRY: Paula Jones and the End of
Privacy.
The New Republic, FEBRUARY 16, 1998, Pg. 24, 2546 words, THE END OF PRIVACY: How
Bill Clinton Lost the Right to be Left Alone. Cover Story.
The New Republic, DECEMBER 29, 1997, Pg. 20, 1763 words, MEN BEHAVING BADLY:
The Oncale Case and the Incoherence of Sexual Harassment Law.
The New Republic, DECEMBER 1, 1997, TRB From Washington;, Pg. 6, 1127 words, Lee's
way: Bill Lann Lee and Civil Rights.
The New Republic, OCTOBER 27, 1997, TRB From Washington; Pg. 4, 1131 words, Passing
the Buckley: A Proposal for Campaign Finance Reform.
The New Republic, October 6, 1997, TRB From Washington; Pg. 4; 1348 words, Impeach Gore:
But Not Another Independent Counsel.
The New Republic, JULY 28, 1997, Pg. 16, 2266 words, DUAL SOVEREIGNS: Who Shall
Rule – Congress or the Court?
The New Republic, JUNE 16, 1997, Pg. 14, 1464 words, EXPOSED: Paula Jones and the
Enfeebled Presidency.
The New Republic, MARCH 31, 1997, Pg. 15, 1811 words, ZONED OUT: Can the Government
Stop Cyberporn?
The New Republic, FEBRUARY 24, 1997, Pg. 10, 1783 words, ANTIANTIDISESTABLISHMENTARIANISM: Why RFRA is Unconstitutional.
The New Republic, FEBRUARY 3, 1997, Pg. 14, 2036 words, ONE BITE AT THE APPLE:
Why Paula Jones has no Case.
The New Republic, DECEMBER 23, 1996, Pg. 14, 1443 words, STARE INDECISIS: Harry
Blackmun v. CCRI.
The New Republic, NOVEMBER 11, 1996, Washington Diarist;, Pg. 62, 1192 words, Happy
days.
The New Republic, OCTOBER 14, 1996, TRB From Washington;, Pg. 6, 1154 words Sex
games: The Constitutionality of The California Civil Rights Initiative.
The New Republic, JULY 15, 1996 / JULY 22, 1996, TRB From Washington;, Pg. 6, 1150
words, The end of obscenity: The unconstitutionality of the Communications Decency Act.
23
The New Republic, JULY 8, 1996, TRB From Washington; Pg. 6, 1175 words. Justice
O’Connor’s Voting Rights Jurisprudence.
The New Republic, JUNE 24, 1996, Pg. 28, 3846 words, WHAT RIGHT TO DIE?: Profiles in
Judicial Overkill. Cover Story.
The New Republic, MAY 27, 1996, Pg. 12, 1238 words, BENCH MARKED: Judge-Bashing,
Dole Style.
The New Republic, APRIL 22, 1996, Pg. 21, 4229 words, THE DAY THE QUOTAS DIED:
Affirmative Action’s Posthumous Life. Cover Story.
The New Republic, MARCH 18, 1996, Pg. 16, 1275 words, JUST A QUIRK: Buchanan’s
Judicial Mess.
The New Republic, FEBRUARY 19, 1996, Pg. 21, 4749 words, LIKE RACE, LIKE GENDER?:
Separate but Equal At VMI. Cover Story.
The New Republic, FEBRUARY 5, 1996, Pg. 42, 1198 words, Hillary's vacuum.
The New Republic, JANUARY 8, 1996 / JANUARY 15, 1996, Pg. 4, 1209 words, Southern
Comfort: The Voting Rights Mess.
The New Republic, DECEMBER 11, 1995, TRB FROM WASHINGTON; Pg. 6, 1159 words,
Big church: Welfare Reform and Religious Liberty.
The New Republic, OCTOBER 23, 1995, COURT WATCH;, Pg. 24, 3033 words,
DISORIENTED: Romer v. Evans and the Tribe Brief.
The New Republic, OCTOBER 9, 1995, Pg. 42, 1174 words, Grover.
The New Republic, JULY 31, 1995, Pg. 15, 5700 words, THE COLOR-BLIND COURT: A New
Era; Political, not Judicial. Cover Story.
The New Republic, JUNE 12, 1995, COURT WATCH;, Pg. 12, 1435 words, TERMINATED:
The Supreme Court and Term Limits.
The New Republic, MAY 22, 1995, COURT WATCH;, Pg. 13, 1545 words, FED UP: The
Lopez Decision and Federalism.
The New Republic, MAY 8, 1995, Pg. 20, 4764 words, AFFIRMATIVE ACTION: A
SOLUTION: Neither Color-Blindness Nor Quota-Mongering. Cover Story.
The New Republic, MARCH 27, 1995, Pg. 12, 1369 words, SEARCH AND SEIZE: Should the
Fourth Amendment be Reconceived?
24
The New Republic, MARCH 13, 1995, Pg. 46, 1153 words, Storytelling: Yale Law School
Conference on Narratology.
The New Republic, FEBRUARY 13, 1995, COURT WATCH;, Pg. 18, 1939 words,
DANCING DAYS: The Adarand v. Pena Oral Argument.
The New Republic, JANUARY 30, 1995, Pg. 22, 3835 words, THE WAR ON IMMIGRANTS:
Why The Courts Can’t Save Us. Cover Story.
The New Republic, DECEMBER 12, 1994, COURT WATCH;, Pg. 16, 1395 words, COMING
TO TERMS: The Supreme Court and the Term Limits Case.
The New Republic, NOVEMBER 21, 1994, Pg. 42, 1156 words, Citizens: Washington Diarist.
The New Republic, OCTOBER 31, 1994, Pg. 14, 892 words, Comment on The Bell Curve.
The New Republic, OCTOBER 17, 1994, Pg. 25, 4743 words, IS AFFIRMATIVE ACTION
DOOMED? How the Law Is Unraveling. Cover Story.
The New Republic, AUGUST 8, 1994, Pg. 42, 1201 words, Chilliest testosterone: Washington
Diarist.
The New Republic, JULY 11, 1994, Pg. 19, 4245 words, BREYER RESTRAINT: Is Clinton’s
Supreme Court Nominee Too Good to be True? Cover Story.
The New Republic, JUNE 6, 1994, COURT WATCH;, Pg. 11, 1338 words, EVEN STEPHEN:
On Breyer.
The New Republic, MAY 16, 1994, COURT WATCH;, Pg. 12, 1394 words, OVERSEXED: The
J.E.B. Decision on Gender-Based Peremptory Challenges.
The New Republic, MAY 2, 1994, Pg. 13, 2969 words, SENTIMENTAL JOURNEY: The
Emotional Jurisprudence of Harry Blackmun..
The New Republic, MAY 2, 1994, Pg. 16, 1140 words, For Arnold.
The New Republic, APRIL 11, 1994, COURT WATCH;, Pg. 11, 1735 words, VILLAGE
PEOPLE: Kiryas Joel and Religious Gerrymandering.
The New Republic, APRIL 4, 1994, Pg. 42, 1122 words, Overqualified: On Judge Richard
Posner.
The New Republic, MARCH 21, 1994, Pg. 22, 2806 words, CRIME BILL FOLLIES: Our Guide
to the Clinton Plan. Cover Story.
25
The New Republic, FEBRUARY 14, 1994, COURT WATCH;, Pg. 14, 1444 words, BOYS
AND GIRLS: The Citadel Case and Separate But Equal Military Academies.
The New Republic, December 13, 1993, Vol. 209 ; No. 24 ; Pg. 50; 1164 words, Ornamental
farms; Monticello Diarist - Thomas Jefferson's aesthetics.
The New Republic, November 29, 1993, Vol. 209 ; No. 22 ; Pg. 16; 3847 words, Sodom and
Demurrer: should the courts deliver gay civil rights? Cover Story.
The New Republic, November 1, 1993, Vol. 209 ; No. 18 ; Pg. 12; 1434 words, Reasonable
women; Court Watch; 'hostile work environment' sexual harassment litigation.
The New Republic, October 25, 1993, Vol. 209 ; No. 17 ; Pg. 12; 1445 words, Gerrymandered;
Court Watch - Voting Rights Act and all-minority voting districts.
The New Republic, October 4, 1993, Vol. 209 ; No. 14 ; Pg. 13; 1369 words, Bad noose: the
non-rescue of Habeas Corpus; Omnibus Crime Bill in Congress.
The New Republic, August 2, 1993, Vol. 209 ; No. 5 ; Pg. 19; 3971 words, The book of Ruth:
Judge Ginsburg's feminist challenge; Ruth Bader Ginsburg; Cover Story.
The New Republic, July 19, 1993, Vol. 209 ; No. 3-4 ; Pg. 45; 1194 words, Culture camp;
Washington Diarist.
New Republic, July 5, 1993, Vol. 209 ; No. 1 ; Pg. 15; 1576 words, Bad thoughts; Court Watch U.S. Supreme Court ruling upholding Wisconsin hate crimes law.
The New Republic, June 28, 1993, Vol. 208 ; No. 26 ; Pg. 14; 1113 words, Banking on Bruce?
Bruce Babbitt - possible U.S. Supreme Court nominee.
The New Republic, June 21, 1993, Vol. 208 ; No. 25 ; Pg. 14; 1463 words, Court Marshall;
Court Watch - Justice Thurgood Marshall's archives.
The New Republic, May 10, 1993, Vol. 208 ; No. 19 ; Pg. 12; 1436 words, The list; next U.S.
Supreme Court justice.
The New Republic, April 26, 1993, Vol. 208 ; No. 17 ; Pg. 14; 2294 words, Cuomo vadis: the
jurisprudence of Mario.
The New Republic, April 12, 1993, Vol. 208 ; No. 15 ; Pg. 21; 3408 words, The next Justice:
how not to replace Byron White; U.S. Supreme Court; Cover Story.
The New Republic, March 29, 1993, Vol. 208 ; No. 13 ; Pg. 17; 1476 words, Lemon law: court
watch; U.S. Supreme Court and the Establishment of Religion clause.
The New Republic, March 8, 1993, Vol. 208 ; No. 10 ; Pg. 25; 2613 words, Poetic justice: the
education of David Souter.
26
The New Republic, February 15, 1993, Vol. 208 ; No. 7 ; Pg. 12; 1571 words, Good help: race,
immigration and nannies; Zoe Baird, Rosen.
The New Republic, February 1, 1993, Vol. 208 ; No. 5 ; Pg. 28; 1508 words, Danny and Zoe:
Ms. Baird and Mr. Quayle.
The New Republic, January 18, 1993, Vol. 208 ; No. 3 ; Pg. 20; 4536 words, The leader of the
opposition: the tortuous jurisprudence of Antonin Scalia; Cover Story.
The New Republic, November 30, 1992, Vol. 207 ; No. 23 ; Pg. 15; 2204 words, Jurymandering:
a case against peremptory challenges; Cover Story.
The New Republic, November 9, 1992, Vol. 207 ; No. 20 ; Pg. 50; 285 words, Forgotten
Fatherland: The Search for Elizabeth Nietzsche._book reviews.
The New Republic, November 9, 1992, Vol. 207 ; No. 20 ; Pg. 50; 881 words, Sweet mystery;
Washington Diarist - Haitian refugee case; Kennedy-Warren building architecture.
The New Republic, November 2, 1992, Vol. 207 ; No. 19 ; Pg. 9; 1381 words, Blood ritual;
Santeria animal-sacrifices religious freedom case.
The New Republic, September 28, 1992, Vol. 207 ; No. 14 ; Pg. 15; 1810 words, Court test:
Clinton's opportunity; Bill Clinton's prospective U.S. Supreme Court appointments; Cover Story.
The New Republic, September 21, 1992, Vol. 207 ; No. 13 ; Pg. 18; 2123 words, Never mind:
reassessing Justice Thomas; Clarence Thomas.
The New Republic, September 9, 1991, Vol. 205 ; No. 11 ; Pg. 18; 2247 words, Thomas's
promise: liberals should think again; Judge Clarence Thomas and natural law theory.
The New Republic, July 1, 1991, Vol. 205 ; No. 1 ; Pg. 19; 1553 words, Altered states: liberals
and forgotten constitutions; legal impact of state constitutional law on abortion rights.
The New Republic, February 18, 1991, Vol. 204 ; No. 7 ; Pg. 19. 1490 words, Hate mail - a
campus report: Yale; new race relation rules on college campuses; Cover Story.
The New Republic, October 1, 1990, Vol. 203 ; No. 14 ; Pg. 17; 2435 words, 'Miller' time:
America's obscenity test lacks serious value; Miller v. California 1973 judicial standard and arts
funding.
The New Republic, September 24, 1990, Vol. 203 ; No. 13 ; Pg. 20; 2235 words, Naturally right:
how to scout out Souter; conservatism, natural rights, and Judge David H. Souter's confirmation.
Other Publications
27
Slate Magazine, March 17, 2009 Tuesday, JURISPRUDENCE, 4953 words, Genetic
Surveillance for All, Jeffrey Rosen
Slate Magazine, November 22, 2004, Monday, BOOKS, 1513 words, Risky Business. Review of
Richard Posner’s Risk and Response.
The New Atlantis, Summer 2004, Pg. 75-82, 3132 words, The End of Obscenity.
Newsweek, March 8, 2004 Atlantic Edition, COVER STORY: SURVEILLANCE; Pg. 47, 811
words, Nothing to Hide, Nothing to Fear.
Why Privacy Matters, The Wilson Quarterly, Autumn, 2000
Selected Scholarly Presentations and Public Lectures
Moderator and Panelist, Aspen Ideas Festival
Aspen Socrates Society, Moderator, Winter Seminar, Democracy and the Future of Technology
Panelist, Future of the Commcerce Clause, American Political Science Association, Washington,
D.C.
Panelist, The Supreme Court Term, The Federalist Society, Washington, D.C.
Panelist and Moderator, The Future of Technology and the Constitution, New York City Bar
Association
Paper, Howard Baker and the Supreme Court, Howard Baker Center, Knoxville, TN
Keynote Speech, The Future of the First Amendment, Boulder Center for Technology Policy,
Boulder, CO
Keynote Address, The Future of National Security After 9/11, Wayne State Law Review
The Future of Privacy and Free Speech in the Age of Google, Levine Lecture, Fordham Law
School
The Legacy of Louis Brandeis, A Conversation with President Fred Lawrence, New York
Historical Society
Keynote presenter, Microsoft Innovation Outreach Program on Privacy, New York City
Visiting Professor, Paris II Law School, Michel Valley Institute, Paris
Keynote Speaker, Wisconsin Bar Asssociation
A Conversation with Alan Westin, Health Privacy Conference
Keynote Address, International Conference of Privacy Commissioners and OECD Privacy
Conference, Jerusalem, 2010
Address to VA Bar Association on New Deal Constitutionalism, Williamsburg, VA, 2010
Address for Electronic Privacy Information Center on airport security & privacy, National Press
Club, 2010
Speech to conference of Law Review editors, Fort Worth, TX, 2010
Presentation to Federal Judges on Technology and the Constitution, Montpellier, VA, 2010
Keynote speaker and Moderator, The Aspen Ideas Festival and Aspen Socrates Seminar, Aspen,
CO, 2010
Panel on Media and the Law, 10th Circuit Judicial conference, Boulder, CO, 2010
28
Interviewed Justice Stephen Breyer, opening night New York Public Library, New York City,
2010
Interviewed Justice Breyer, Aspen Institute, Washington, D.C., 2010
Judicial Biography paper, New York University symposium for Barry Friedman, New York
City, 2009
Address on “focused deterrence,” John Jay Symposium on Criminal Justice Reform, 2009
Keynote panel on precedent and originalism, The Federalist Society National Symposium,
Philadelphia, PA, 209
The Moral Aspect of Constitutional Law, keynote paper, symposium on Comparative
Constitutionalism, University of Paris II Law Faculty, Paris, 2009
Keynote Address, the Roberts Court and Big Business, Santa Clara Law Review, January, 2009
Address, Privacy and the Talmud, American Institute of Talmudic Law, January, 2009
Keynote Address, Future of Privacy Forum, GW, February, 2009
Keynote Address Webwise Privacy Conference, February, 2009
Panelist, CATO forums on executive power, technology, and the New Deal
Tresolini Lecture, Lehigh University, Bethlehem, PA, March 2009
Conversation with Nicole Wong of Google, South by South West Festival, March, 2009
Moderator, GW conference on the Economic Crisis, April, 2009
Keynote Address, World Law Group, Washington, DC May, 2009
Conference on Neurolaw, London, May, 2009
Keynote Address, Legal Aid of Western Missouri, Kansas City, May, 2009
Lecture, Social Law Library, Boston, June, 2009
Keynote Address, Teachers Institute, Institute of the Federal Judiciary, June, 2009
Symposium on Judicial Temperament, Massachusetts Supreme Court and Appellate Court
judges, June 2009
Keynote Address, Privacy Forum, Harvard, August, 2008
Panel and Interview of Justice Breyer, 10th Circuit Conference, August, 2008
Keynote Address, University of Utah Law School, October 2008
Symposium on Judicial Temperament, Washington State Judiciary, October 2008
Moderator, People for the American Way Panel on the Roberts Court, October 2008
Principal Paper, Judicial Review under the U.S.A. Patriot Act, AALS Conference, Atlanta,
Georgia, January, 2004
Respondent, Privacy After 9/11, Panel at the American Bar Association Annual Meeting
Sponsored by the Subcommittee on Privacy and Information Protection, Section of Individual
Rights and Responsibilities, August, 2003.
Keynote Address, Privacy and The First Amendment, Oakland California, May, 2003.
Respondent, La Vie Privee, Public Lecture at the Cour de Cassation, Sponsored by the Institut
Des Hautes Etudes Sur La Justice, Paris, April, 2003
Keynote Address, Liberty and Security After 9/11, The Georgetown Journal of Law and Public
Policy, Georgetown University Law Center, May, 2003.
Principal Paper, “What Roe v. Wade Should Have Said,” Conference at Yale Law School,
January, 2003.
Principal Paper, Privacy in France and America, Conference Sponsored by the Centre
Français sur les États-Unis, Paris, December, 2002.
Respondent, Balancing Privacy and Security after 9/11, Conference Sponsored by the University
of California at Hastings Law Journal, San Francisco, CA, November 2002.
29
Life After 9/11: 10th Circuit Judicial Conference Panel on Issues Affecting the Courts and the
Nation, 51 Kan. L. Rev. 219 (2003).
Keynote Address, Privacy in the U.S. and Canada, Conference Sponsored by the Privacy
Commissioner of Ontario, Canada, November, 2002
Respondent, The Future of Privacy, U.S. Court of Appeals for the D.C. Circuit, Annual
Conference, June, 2002
Respondent: Privacy in Europe and America: A Comparative Perspective, Conference on the 50th
Anniversary of the German Marshall Fund, June, 2002
Respondent, Conference on the Future of Internet Regulation, The Woodrow Wilson School,
Princeton University, May, 2002
Keynote Address, The New Privacy, U.S. Court of Appeals for the Federal Circuit, Judicial
Conference, May, 2002
The Mitau Lecture: The Supreme Court and American Democracy, Macalaster College, April,
2002
Respondent, Conference on Technological Innovation, University of Michigan Law School,
March, 2001
Principal Paper, Drake University Conference on the Constitution and the Internet, February,
2001
Principal Paper, “Out of Context,” The New School for Social Research, Conference on Privacy
(2000).
Public Lecture, “The Future of the Supreme Court,” The Institute of Politics, John F. Kennedy
School of Government, Harvard University (2000).
Public Lecture, “Why Privacy Matters, Particularly in Cyberspace,” Sponsored by the Knight
Fellowship, Yale Law School (2000).
Respondent, Symposium on the Constitutional legacy of Clinton, Duke University Law School
(2000).
Respondent, Symposium on Cyberspace and the Constitution, Stanford Law School (2000).
Respondent, Symposium on Clinton and the Constitution, University of Colorado at Boulder:
Law School (1999).
Principal Paper, Symposium on Textualism and the Constitution, George Washington University
Law School (1998).
Paper, Symposium on the American Jury, University of Chicago Legal Forum (1998).
Paper, Conference on Public Choice Theory and the Constitution, Northwestern University Law
School (1997).
Paper, Conference and Race and the Constitution, Washington College of Law, American
University (1996).
Paper, Conference on Religion and the Constitution, Cumberland Law School. (1996).
Congressional Testimony
Testimony before the House Judiciary Committee on the Citizens United campaign finance
decision, March, 2010.
Testimony Before the House Government Reform Committee: Data Mining: Current
Applications and Future Possibilities, March 25, 2003.
30
Testimony before the Senate Judiciary Committee: Carnivore, Electronic Surveillance, and the
Fourth Amendment, September 6, 2000.
Testimony before the House Judiciary Committee Subcommittee on the Constitution: The Fourth
Amendment and the Internet, April 6, 2000
Testimony before the House Judiciary Committee’s Impeachment Inquiry, “The Consequences
of Perjury and Related Crimes,” December 1, 1998
Testimony before the House Small Business Committee, Hearing on Proposed Legislation to
Repeal the 8(a) Small Business Set-Aside Program, September 18, 1996.
31
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