• Publications
  • Influence
  • 135
  • 9
Expressive theories of law: A general restatement
Expressive conceptions of practical reason, morality, and law are gaining increasing currency. This article provides the first general statement of the aims and features of expressivism in law andExpand
  • 192
  • 6
How Behavioral Economics Trims Its Sails and Why
The preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and inefficient policies. BLE has been broadlyExpand
  • 103
  • 3
  • PDF
Why Rights are not Trumps: Social Meanings, Expressive Harms, and Constitutionalism
  • R. Pildes
  • Sociology
  • The Journal of Legal Studies
  • 1 June 1998
Constitutional theory and political philosophy typically conceive constitutional rights as trumps for individual interests over appeals to democratic judgments concerning the common good. ThisExpand
  • 60
  • 2
The law of democracy : legal structure of the political process
This text provides a systematic description of the legal construction of American democracy. Much of this edition's revision consists of making note material more concise and reducing the coverage ofExpand
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Separation of Parties, Not Powers
American political institutions were founded upon the Madisonian assumption of vigorous, self-sustaining political competition between the legislative and executive branches. Congress and theExpand
  • 57
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Cumulative Voting in the United States
  • 24
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Forms of Formalism
Does modern American legal formalism exist, and what might that question mean? Three modes of self-styled legal formalism are presented at this Symposium: (1) formalism as anticonsequential moralityExpand
  • 12
  • 1
Why the Center Does Not Hold: The Causes of Hyperpolarized Democracy in America
Politics as partisan warfare: that is our world. Over the last generation, American democracy has had one defining attribute: extreme partisan polarization. We have not seen the intensity ofExpand
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  • PDF