NOMOS LV: Federalism and Subsidiarity, New York University Press, editor with Jacob T. Levy (forthcoming).
"Are We All Originalists Now? I Hope Not!" 92 Texas Law Review (forthcoming).
"Fit, Justification, and Fidelity in Constitutional Interpretation," 93 Boston University Law Review (forthcoming).
"The Inclusiveness of the New Originalism," 82 Fordham Law Review (forthcoming).
"Ordered Liberty: Response to Michael Dorf," with Linda C. McClain, 93 Boston University Law Review (forthcoming).
Fidelity to Our Imperfect Constitution, Oxford University Press (forthcoming).
"The Substance of Self-Government," 8 Law, Culture, and the Humanities (forthcoming).
"The New Originalist Manifesto," 28 Constitutional Commentary 539 (2013).
NOMOS LIII: Passions and Emotions, New York University Press, editor (2013).
Ordered Liberty: Rights, Responsibilities, and Virtues, with Linda C. McClain, Harvard University Press (2013). Symposia Responses: “Ordered Liberty: A Response to Three Views,” with Linda C. McClain, 28 Constitutional Commentary 435 (2013); Balkinization Symposium on Ordered Liberty, with Linda C. McClain; Concurring Opinions Symposium on Ordered Liberty, with Linda C. McClain
"The Balkinization of Originalism," 2012 University of Illinois Law Review 669 (2012).
"Living Originalism and Living Constitutionalism as Moral Readings of the American Constitution," in Symposium, Originalism and Living Constitutionalism: A Symposium on Jack Balkin's Living Originalism and David Strauss's The Living Constitution, 92 Boston University Law Review 1171 (2012).
NOMOS LII: Evolution and Morality, New York University Press, editor with Sanford Levinson (2012).
"Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights," with Linda C. McClain, in Symposium, Justice: What's the Right Thing to Do: A Public Lecture and and Symposium on Michael J. Sandel's Recent Book: Panelist Papers, 91 Boston University Law Review 1311 (2012).
"Constitutional Theory, the Unitary Executive, and the Rule of Law," with Sotirios A. Barber, in 50 NOMOS: Getting to the Rule of Law 156, James Fleming, ed., New York University Press (2011).
NOMOS L: Getting to the Rule of Law, New York University Press, editor (2011).
"An Appreciation of Walter F. Murphy," 20:2 Law & Courts: Newsletter of the Law & Courts Section of the American Political Science Association 18 (2010).
"Constitutional Theory and the Future of the Unitary Executive," with Sotirios A. Barber, in Symposium Executive Power: New Directions for the New Presidency?, 59 Emory Law Journal 459 (2010).
"Presidential Succession: The Art of the Possible," in Symposium on The Adequacy of the Presidential Succession System in the 21st Century, 79 Fordham Law Review 951 (2010).
"Successful Failures of the American Constitution," in The Limits of Constitutional Democracy 29, S. Macedo and J. Tulis, eds., Princeton University Press (2010).
"Taking Responsibilities as Well as Rights Seriously," in Symposium Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book, 90 Boston University Law Review 839 (2010).
Book Review, Robert T. Tsai, Eloquence and Reason: Creating a First Amendment Culture, Yale University Press (2008), eloquenceandreason.blogspot.com (2009).
"Natural Law: U.S. Law," in 4 The Oxford International Encyclopedia of Legal History 217, Stanley N. Katz, ed., Oxford University Press (2009).
"Ronald Dworkin," in The Yale Biographical Dictionary of American Law 178, Roger K. Newman, ed., Yale University Press (2009).
"Toward a More Democratic Congress?" in Symposium The Most Disparaged Branch: The Role of Congress in the Twenty-First Century, 89 Boston University Law Review 629 (2009).
American Constitutional Interpretation, with W. F. Murphy, S. A. Barber & S. Macedo, 4th ed., Foundation Press (2008).
Constitutional Interpretation: The Basic Questions, with Sotirios A. Barber, Oxford University Press (2007).
"Rights, Responsibilities, and Reflections upon the Sanctity of Life," with Benjamin C. Zipursky, in Ronald Dworkin 109, Arthur Ripstein, ed., Cambridge University Press (2007).
"The Place of History and Philosophy in the Moral Reading of the American Constitution," in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin 23, Scott Hershovitz, ed., Oxford University Press (2006).
Securing Constitutional Democracy: The Case of Autonomy, University of Chicago Press (2006).
"Constitutionalism, Judicial Review, and Progressive Change," with Linda C. McClain, review of Ran Hirschl, Towards Juristocracy, Harvard University Press (2004), 84 Texas Law Review 443 (2005).
"War, Crisis, and the Constitution," with Sotirios A. Barber, in The Constitution in Wartime 232, Mark Tushnet, ed., Duke University Press (2005).
American Constitutional Interpretation, with W. F. Murphy, S. A. Barber, & S. Macedo, 3d ed., Foundation Press (2003).
"Fidelity to Natural Law and Natural Rights in Constitutional Interpretation," 69 Fordham Law Review 2285 (2001). Also in R. P. George, The Clash of Orthodoxies 183, ISI Press (2001) and in Natural Law: The International Library of Essays in Law and Legal Theory, R. P. George, ed., Ashgate (2003).
"Foreword," with Linda C. McClain, in Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000).
"Some Questions for Civil Society-Revivalists," with Linda C. McClain, in Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 301 (2000).
"Constitutional Tragedy in Dying: Or Whose Tragedy Is It, Anyway?" in Constitutional Stupidities, Constitutional Tragedies 162, W. N. Eskridge, Jr. & S. Levinson, eds., New York University Press (1998).
"The Right to Privacy in Sandel's Procedural Republic," with Linda C. McClain, in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy 248, A. L. Allen & M. C. Regan, Jr., eds., Oxford University Press (1998).
"In Search of a Substantive Republic," with Linda C. McClain, review of Michael J. Sandel, Democracy's Discontent, Harvard University Press (1996) and Cass R. Sunstein, Legal Reasoning and Political Conflict, Oxford University Press (1996), 76 Texas Law Review 509 (1997).
"We the Exceptional American People," 11 Constitutional Commentary 355 (1994). Reprinted in Constitutional Politics: Essays on Constitution Making, Maintenance, and Change 91, S. A. Barber & R. P. George, eds., Princeton University Press (2001).
"A Critique of John Hart Ely's Quest for the Ultimate Constitutional Interpretivism of Representative Democracy," 80 Michigan Law Review 634 (1982).