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Ofer Raban: Publications

Selected Articles

The Rationalization of Policy: On the Relation Between Democracy and the Rule of Law, New York University Journal of Legislation & Public Policy (forthcoming 2015).
    – Translated into Polish and reprinted in the Ruch Prawniczy, Ekonomiczny i Socjologiczny (Journal of Law, Economics and Sociology), Adam Mickiewicz University in Poznan and Poznan University of Economics (2015).

Between Formalism and Conservatism: On the Resurgent Legal Formalism of the Roberts Court, 8 New York University Journal of Law & Liberty 342. (2014)

Judicial Fundamentalism, the Fourth Amendment, and Ashcroft v. al-Kidd, 1 Va. J. Crim. L. 446. (2013).

Capitalism, Liberalism, and the Right to Privacy 86 Tulane L. Rev. 1243 (2012).

Conflicts of Rights: When the Federal Constitution Restricts Civil Liberties 64 Rutgers L. Rev. 381 (2012).

Constitutionalizing Corruption: Citizens United, Its Conceptions of Political Corruption, and the Implications for Judicial Elections Campaigns, 46 U.S.F. L. Rev. 359 (2011).

"The Fallacy of Legal Certainty: Why Vague Legal Standards May be Better for Capitalism and Liberalism", 19 B.U. Pub. Int. L.J. 175 (2010).

    – Translated into Polish and reprinted in the Journal of Public Philosophy & Democratic Education (Institute of Philosophy at AMU) (2013).
    – Translated into Chinese and Reprinted in the Archives for Legal Philosophy and Sociology of Law (Peking University Press) (2011).

"On Necessary and Suggestive Identification Procedures", article to 37 Am. J. Crim. L. 53 (2010).

"A Ratchet That Can Get Stuck: On the Relationship Between the Federal and States' Constitutions", in Between Complexity of Law and Lack of Order: Philosphy of Law in Era of Globalization 3 Journal of Jurisprudence 177 (2009).

"Real and Imagined Threats to the Rule of Law," 15 Va. J. Soc. Pol'y & L. 478 (2008).

"Be They Fish Or Not Fish: The Fishy Registration of Nonsexual Offenders," 16 Am. & Mary Bill Rts. J. 497 (2007).

"The Supreme Court's Endorsement of a Politicized Judiciary: A Philosophical Critique," 8 J.L. Soc'y 114 (2007).

     – Translated into Korean and Reprinted in the Soongsil Law Review, Vol. 31 (2014).

"The Embarrassing Saga of New York's Derivative Right to Counsel," 80 St. John's L. Rev. 389 (2006).

"Legislation, Adjudication, and Public Justification," Schriften zur Rechtstheorie, Volume 215/II (2006) [Germany].

"Judicial Impartiality and the Regulation of Judicial Election Campaigns," 15 U. Fla. J.L. & Pub. Pol'y 205 (2004).

"Dworkin's 'Best Light' Requirement and the Proper Methodology of Legal Theory," 23 Oxford J. Legal Stud. 243 (2003).

"Content-Based, Secondary Effects, and Expressive Conduct: What in the World Do They Mean (and What Do They Mean to the U.S. Supreme Court)?," 30 Seton Hall L. Rev. 551 (2000).

Books and Book Chapters

A Ratchet That Can Get Stuck: On the Relationship Between the Federal and States’ Constitutions, in “BETWEEN COMPLEXITY OF LAW AND LACK OF ORDER: PHILOSOPHY OF LAW IN ERA OF GLOBALIZATION” (eds. M. Zirk- Sadowski, B. Wojciechowski, M. Golecki) (2009) (solicited).

Gerrymandering, in ENCYCLOPEDIA OF THE SUPREME COURT (Macmillan Reference, USA) (2008).



A frivolous challenge to the Affordable Care Act (op-ed, The Oregonian, December 20, 2014).

Supreme Court can't control the consequences of its decisions (op-ed, The Oregonian, July 4, 2014).

Another Blow to Democracy (op-ed, The Oregonian, April 13, 2014).

Unpacking the court's decision on NSA surveillance (op-ed, The Oregonian, Dec. 21, 2013).

The dignity of the states v. the dignity of the people (op-ed, The Oregonian, June 30, 2013).

Let’s not rush to judgment on surveillance leaker (op-ed, The Register Guard, June 17, 2013).

Judicial oversight of targeted assassinations (op-ed, The Oregonian, Feb 12, 2013).

Faith Exception Rules: Age, race, disability not protected (op-ed, The Register Guard, January 22, 2012).

The Supreme Court Continues to dismantle campaign finance reform (op-ed, The Oregonian, July 8, 2011).

Supreme Court’s ruling in religion case makes little sense (The Register Guard, April 12, 2011).

A modest decision about child pornography (The Oregonian, January 14, 2011)

Cloak of National Security Obscures Logic (op-ed, The Oregonian, September 12, 2010).

High court's support of ‘free speech' comes at a steep price (op-ed, Register Guard, May 3, 2010).

State's high court uses hazy reasoning in medical pot ruling (op-ed, Register Guard, April 25, 2010).

Court within its right in ruling on mandatory sentencing, Eugene Register-Guard, Oct. 5, 2009.

'Actual innocence' as a constitutional right, The Oregonian, Aug. 28, 2009.

Dissecting the Torture Memos, The Oregonian, Apr. 28, 2009. Full version available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1404105.

Nude Dancers' Expression Should Be Protected by State Constitution (op-ed, Register Guard, March 30, 2009).

Weighing the Rule of Law (op-ed, The Oregonian, March 12, 2009).

Free-speech Ruling May Add to Friction (op-ed, The Oregonian, August 22, 2008).

Bring Constitution into the 21st Century (op-ed, Register Guard, June 26, 2008).


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