Shugerman, Jed. The People's Courts: The Rise of Judicial Elections and Judicial Power in America (Harvard University Press 2012).
“The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3596566 The Decisions of 1789 Were Non-Unitary: Removal by Judiciary and the Imaginary Unitary Executive (Part II) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3597496
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 NYUJournal 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)