Books:
Law as a Means
to an End: Threat to the Rule of Law (Cambridge University
Press, forthcoming 2006)
The Perils of Pervasive Legal Instrumentalism,
Montesquieu Lecture Series, Vol. 1 (Nijmegen: Wolf Legal Publishers
2006)
On the Rule of Law: History, Politics, Theory (Cambridge
University Press 2004)
A General Jurisprudence of Law and Society (Oxford: Oxford
University Press 2001)
Realistic Socio-Legal Theory: Pragmatism and a Social Theory of
Law (Oxford: Claredon Press 1997)
Bibliography on Law and Developing Countries (Dordrecht:
Martinus Nijhoff 1995)
Understanding Law in Micronesia: An Interpretive Approach to
Transplanted Law (Leiden: Brill Publishing Co. 1993)
Articles and Book Chapters
The
Primacy of Society and the Failure of Law and Development
“Law
and Society,” In A Companion to Philosophy of Law and Legal
Theory, 2nd edition, edited by Dennis Patterson
(Blackwell Publishers, forthcoming 2009)
"A
Holistic Vision of the Socio-Legal Terrain," in Journal of Law and
Contemporary Problems, forthcoming 2008.
"On
the Instrumental View of Law in American Legal Culture," in On
Philosophy in American Law (Cambridge University Press, forthcoming
2009), edited by Francis J. Mootz, III.
" Understanding
Legal Realism" May 2008
"
Understanding Legal Pluralism: Past to Present, Local to Global,"
Sydney Law Review, Vol. 29, 2007
The
Bogus Tale About the Legal Formalists" (April 2008).
The 'Dark Side' of the Relationship Between the Rule of Law and
Liberalism," Vol. 33, NYU Journal of Law and Liberty, forthcoming
2008.
"Law",
Oxford International Encyclopedia of Legal History, 2008
"The
Realism of Judges Past and Present: A Challenge to the
Assumptions and Orientation of the 'Judicial Politics'
Field."
“The Contemporary Relevance of Legal Posivitism,” Australian
Journal of Legal Philosophy (forthcoming 2007)
“A Socio-Legal Approach to the Internal-External Distinction;
Jurisprudential and Legal Ethics Implications,” Fordham L. Rev.
(forthcoming 2006)
“How an Instrumental View of Law Corrodes the Rule of Law,”
DePaul L. Rev. (forthcoming 2006)
“Gap Problem,” Encyclopedia of Law and Society (Sage
Publications 2006)
“The Tension Between Legal Instrumentalism and the Rule of Law,”
33 Syracuse J. of Int. L. & Commerce 131 (2005)
"The Rule of Law in the United States," in Asian Discourses of
Rule of Law, edited by Randall Peerenboom (London: Routledge
2004)
"A Pragmatic Response to the Embarassing Problem of Ideology
Critique in Socio-Legal Studies," in Renascent Pragmatism, edited
by Alfonso Morales (Aldershot: Ashgate 2003)
"The Rule of Law For Everyone?" 55 Current Legal Problems 97
(2002)
“Sociology and Law,” Oxford Handbook on American Law (Oxford
University Press 2002)
"Socio-Legal Positivism and a General Jurisprudence," 21 Oxford
Journal of Legal Studies 1 (2001)
"Legal Positivism," International Encyclopedia of the Social and
Behavioral Sciences (Elsevier Science)(anticipated publication
2001)
"Conceptual Analysis, Continental Social Theory, and CLS: A
Response to Bix, Rubin, and Livingston," 32 Rutgers Law Journal
(Camden) 281 (2000)
"A Non-Essentialist Concept of Legal Pluralism," 27 Journal of
Law and Society 296 (2000)
"The View of Habermas From Below: Doubts About the Centrality of
Law and the Legitimation Enterprise," 76 University of Denver Law
Review 989 (1999)
"A Pragmatic Approach to Legislative Theory for Developing
Countries," in Making Development Work: Legislative Reform for
Institutional Transformation and Good Governance, edited by Robert
Seidman, et al. (Hague: Kluwer 1999)
"Pragmatism in U.S. Legal Theory: Its Application to Normative
Jurisprudence, Sociolegal Studies, and the Fact-Value Distinction,"
41 American Journal of Jurisprudence 315 (1996)
"The Internal-External Distinction and the Notion of a Practice
in Legal Theory and Socio-Legal Studies," 30 Law and Society Review
163 (1996)
"An Analytical Map of Social Scientific Approaches to the
Concept of Law," 15 Oxford Journal of Legal Studies 501 (1995)
"The Lessons of Law and Development Studies" (Review Article) 89
American Journal of International Law 470 (1995), translated into
Japanese and published in 44 Keio L.J. 227 (2006)
"The Folly of the Social Scientific Concept of Legal Pluralism,"
20 Journal of Law and Society 192 (1993); reprinted in Sociological
Perspectives on Law, edited by R Cotterrell (Ashgate 2001);
reprinted in Law and Anthropology, edited by M. Mundy (Ashgate
2002); translated into Spanish and published in Nuevo Pensamiento
Juridico(forthcoming 2006)
"Looking at Micronesia for Insights About Law and Legal
Thinking," 41 American Journal of Comparative Law 9 (1993)
"The Issue of Politics and the Judge in the United States," 41
Ars Aequi 733 (1992)
"A Proposal for the Development of a System of Indigenous
Jurisprudence in the Federated States of Micronesia," 13 Hastings
International and Comparative Law Review 71 (1989)
"Post-1997 Hong Kong: A Comparative Look at the Meaning of 'High
Degree of Autonomy,'" 5 China Law Reporter 163 (1989)
"Custom and Traditional Leaders Under the Yap Constitution," 10
University of Hawaii Law Review 81 (1988)
"A Critical Review of the Classified Information Procedures
Act," 13 American Journal of Criminal Law 277 (1986)
"The Cost of Preserving Rights: Attorney's Fees and Intervenors
in Civil Rights Litigation," 19 Harvard Civil Rights-Civil
Liberties Law Review 109 (1984)