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Publications

Books

  • Shugerman, Jed. The People's Courts: The Rise of Judicial Elections and Judicial Power in America (Harvard University Press 2012).

Articles

  • Faithful Execution" and Article II, 132 Harvard Law Review (forthcoming June 2019) (with Andrew Kent and Ethan Leib)
    SSRN link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3260593
  • Fiduciary Constitutionalism: Two Legal Conclusions," ___ Georgetown Journal of Law & Public Policy (forthcoming 2019) [with Ethan J. Leib].
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3177968
  • Constitutional Hardball vs. Beanball: Identifying Fundamentally Antidemocratic Tactics," (Reply to David Pozen, Joseph Fishkin, and David Bernstein), 118 Columbia Law Review Online (forthcoming 2019)
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3326275
  • Professionals, Politicos, and Crony Attorneys General: A Historical Review of the U.S. Attorney General as a Case for Structural Reform," 87 Fordham Law Review (forthcoming 2019)
  • Emoluments, Zones of Interests, and Political Questions: A Cautionary Tale," 45 Hastings Constitutional Law Quarterly 651-670 (2018) [with Gautham Rao
  • "The Dependent Origins of Independent Agencies: The Interstate Commerce Commission, the Repeal of the Tenure of Office Act, and the Rise of Modern Campaign Finance," 31 Journal of Law & Politics 139 (2016)
  • Panel Remarks: "Caperton's Next Generation," 18 NYU Journal of Legislation and Public Policy 587 (2016)
  • "Foreword: Fighting Corruption in America and Abroad," 84 Fordham Law Review 407 (2015)
  • "The Legitimacy of Administrative Law" (review essay), Tulsa Law Review (March 2015, reviewing Jerry Mashaw, Nicholas Parrillo, Daniel Ernst, Joanna Grisinger, Philip Hamburger)
  • "The Creation of the Department of Justice: Professionalization without Civil Rights or Civil Service," 66 Stanford Law Review 121 (2014)
  • Shugerman, Jed. "Economic Crisis and the Rise of Judicial Elections and Judicial Review," 123 Harvard Law Review 1061 (2010).
  • Shugerman, Jed. "The Twist of Long Terms: Disasters, Elected Judges and American Tort Law," 98 Georgetown Law Journal 1349 (2010).
  • Shugerman, Jed. "In Defense of Appearances: What Caperton v. Massey Should Have Said (Clifford "Rising Stars" Symposium)," 59 DePaul Law Review 529 (2010).
  • Shugerman, Jed. "State Judicial Review Cases, 1780-1865 (appendix to Economic Crisis and the Rise of Judicial Elections and Judicial Review)," 123 Harvard Law Review 1061 (2010).
  • Shugerman, Jed. "A Watershed Moment: Reversals of Tort Theory in the Nineteenth Century," 2 Journal of Tort Law (2008).
  • Shugerman, Jed. "Judges' Duties and Affirmative Duties: Stockberger v. U.S," 120 Harvard Law Review 1228 (2007).
  • Shugerman, Jed. "A Six-Three Rule: Reviving Consensus and Deference on the Supreme Court," 37 Georgia Law Review 893 (2003).
  • Shugerman, Jed. "Marbury and Judicial Deference: The Shadow of Whittington v. Polk and the Maryland Judiciary Battle," 5 University of Pennsylvania Journal of Constitutional Law 58 (2002).
  • Shugerman, Jed. "The Louisiana Purchase and South Carolina's Reopening of the Slave Trade in 1803," 22 Journal of the Early Republic 263 (2002).
  • Shugerman, Jed. "Unreasonable Probability of Error, Coleman v. State," 111 Yale Law Journal 435 (2001).
  • Shugerman, Jed. "Rights Revolutions and Counter-revolutions," 13 Yale Journal of Law & Humanities 531 (2000) (book review).
  • (reviewing Richard Primus, The American Language of Rights (1999) and Mary Dudziak, Cold War Civil Rights (2000))
  • Shugerman, Jed. "The Floodgates of Strict Liability: Bursting Reservoirs and the Adoption of Fletcher v. Rylands in the Gilded Age," 110 Yale Law Journal 333 (2000)