Jethro K. Lieberman

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Book Chapters and Articles

Chapters in Books

“New York Law School and the Crisis of September 11”
In Reclaiming School in the Aftermath of Trauma, Carolyn Lunsford Mears, ed., Palgrave Macmillan, 2012, chap. 4, pp. 45-58. The book won the Colorado Book Award for Anthology, 2013.
“Toward a Theory of Injury”
In Pernicious Ideas and Costly Consequences, The Intellectual Roots of the Torts Crisis, published by the National Legal Center for the Public Interest, 1990, pp. 99-115.
“To Reach and Teach the Public, Write Better”
In Understanding the Law, A Handbook on Educating the Public, Robert S. Peck and Charles J. White, eds., American Bar Association Press, 1983, pp. 23-28. Reprinted in 32 Va. Bar News 9-13 (1983).
In The Business Week Almanac, J. Robert Connor, ed., McGraw-Hill, 1982, pp. 621-623.
“Some Reflections on Self-Regulation”
In The Professions and Public Policy, Philip Slayton and Michael J. Trebilcock, eds., University of Toronto Press, 1978, pp. 89-97.
“How to Avoid Lawyers”
In Verdicts on Lawyers, Ralph Nader and Mark Green, eds., Thomas Y. Crowell Co., 1976, pp. 105-118.

Journal Articles

“Bad Writing: Reflections on the Abuse of Scholarly Rhetoric”
    49 N.Y.L.S. L.Rev. 649 (2004-2005). To read the article, click here.
    To see the video narration of Part I, click video reenactment.
“The Art of the Fact”
    5 J. Leg. Writing Institute 25-58 (1999).
“Ruminations on a Crescendo of Litigation”
    National Forum, Fall 1991, p. 1.
“Lessons from a Writing Audit”
    75 A.B.A.J. 86 (Oct. 1989) (with Tom Goldstein).
“Lessons from the Alternative Dispute Resolution Movement”
    53 U. Chi. L. Rev. 424 (Spring 1986) (with James F. Henry).
“Writing Like Pros(e)”
    6 California Lawyer 43 (January 1986) (with Tom Goldstein).
“Putting Law into Ethics”
    Liberal Education 259-265 (Summer 1979).
“The Relativity of Injury”
    7 Philosophy & Public Affairs 60-73 (Fall 1977).
“How Much Government?”
    10 The Center Magazine 63 (May/​June 1977).
“Will the courts meet the challenge of technology?”
    60 Judicature 84-91 (August-September 1976).
“The Race Admission Case”
    Juris Doctor, June, 1974, pp. 22-23 (a satire published anonymously).
“Developments in Antitrust During the Past Year”
    39 Antitrust L. J. (No. 4) (section on mergers), pp. 578–629 (1970).
“Cafeteria Workers Revisited: Does the Commander Have Plenary Power to Control Access to His Base?”
    25 JAG J. (Navy) 53 (Fall, 1970).
Note on Elfbrandt v. Russell and loyalty oaths
    2 Harv. Civil Rights-Civil Liberties L.Rev. 61 (1966).
“The Finance Cases”
    42 Harv.L.Record 5 (April 14, 1966).

Encyclopedia Articles

“Constitutional Law, United States” and “Constitutionalism”
    In Encyclopedia of Political Thought, Michael T. Gibbons, ed. (John Wiley & Sons, 2015).
“Hearing” and “Reply, Right to”
    In Encyclopedia of Civil Liberties in America, David Schulz & John R. Vile, eds. (M.E. Sharpe, 2005), vol. 2 at pp. 451-452 and vol. 3 at pp. 791-792.
    In Encyclopedia of American Studies, George T. Kurian ed. (Grolier Educational, 2001), vol. 2 at pp. 458-466.
    In International Encyclopedia of the Social & Behavioral Sciences, N. J. Smelser and P. B. Baltes, eds. (Elsevier, 2000), vol. 13, at pp. 8693-8697 ; revised as “Legalization: The Expansion of Law’s Domain,” International Encyclopedia of the Social & Behavioral Sciences 2nd ed., James D. Wright, ed. (Oxford: Elsevier, 2015), vol. 13, pp. 818-822.
Several articles on the Supreme Court and constitutional law topics
    In Microsoft Encarta Encyclopedia (cd-rom), 1999–2005: “Bill of Rights,” “Checks and Balances,” “Civil Rights and Civil Liberties” (edited version of article originally written by Norman Dorsen), “Constitution of the United States,” “Courts in the United States,” “Due Process of Law,” “Judicial Review,” “Questions and Answers about the Constitution,” “Separation of Powers,” “Supreme Court of the United States,” “Ten Landmark Supreme Court Decisions."
Short articles on freedom of speech and freedom of press
    In World Book, editions in 1980s, 1990s, freedom of assembly (1999 ed.).
Brief biographies of Justices Sandra Day O’Connor and Antonin Scalia
    In Collier’s Encyclopedia, 1988.

Selected Works

A retort to friends who thought it was time to thin out the bookshelves.
A critique of hypotheticals as a tool for judging the thought of others.
For students studying constitutional law: what it's about, how to learn it, in language easy to grasp.
Political Theory, Government
Resuscitates liberalism as a practical political doctrine.
On writing clear, readable, and persuasive prose. 3d edition published January 2016
An article on the sins of scholarly writing — and a video to boot.
Constitutional Law
The meaning of the Constitution, and how it has changed over time, on the eve of its bicentennial.
Law and Society
The first book to seek the underlying causes for, and consequences of, America’s growing urge to sue.
A searching look at the moral disarray of the post-Watergate lawyers' code of ethics.
Terrorists take over the United Nations and commit a series of atrocities to free their imprisoned soldiers. An Israeli agent to the rescue. Sounds familiar, but this appeared in 1978, before some of the things imagined had ever played out.
Edited anthologies.
Articles in the popular press, pamphlets, and more.