Articles and Talks


“On the 50th Anniversary of Martin Luther King, Jr.’s Assassination” Tikkun Magazine (April 2018)

“Going on the Offensive: A State-Based Strategy for the Democratic Party” (February 2017)

“Humiliation is the Root of All Terrorism” Tikkun Magazine (December 2015)

“Releasing ‘The Interview’ on Christmas: What Would Jesus Say?”  (December 2014)

“The Spiritual Dimension of Social Justice,” 63 Journal of Legal Education 673 (2014)

“Critical Legal Studies as a Spiritual Practice,” 36 Pepperdine Law Review  515 (2009)

“What It Really Means to Say ‘Law is Politics:’ Political History and Legal Argument in Bush v Gore,” 67 Brooklyn Law Review 1141 (2002)

“Does Religious Faith Interfere with a Lawyer’s Work?”   26 Fordham Urb. L.J. 985   (1999)

“Critical Legal Studies at la Practique Juridique: La Conception de la Culture Juridique et de la Practique du Droit Commes Interventions Culturelles,” 36/37 Droit et Societe 379 (1997)

“Alan Freeman” (Eulogy at a Gathering to Remember Alan Freeman), 44 Buffalo Law Review 613 (1996)

“Founding Father Knows Best: The Search by the Framed for the Intent of the Framers,” 33 Buffalo Law Review 227 (1987)

“The Phenomenology of Rights-Consciousness and the Pact of the Withdrawn Selves,” 62 Texas Law Review 1563 (1984)

“The Mass Psychology of the New Federalism: How the Burger Court’s Political Imagery Legitimizes the Privatization of Everyday Life,” 52 George Washington L. Rev. 263 (1984)

“Roll Over Beethoven” (with Duncan Kennedy) in “A Symposium on Critical Legal Studies,” 37 Stanford Law Review 1 (1984)

“Building Power and Breaking Images: Critical Legal Theory and the Practice of Law” (with Paul Harris), 9 New York University Review of Law and Social Change 369 (1982-83)

“Reification in Legal Reasoning,” in Research in Law and Sociology, vol. 3, ed. Stephen Spitzer, 25-51 (JAI Press 1980)

“A Critical Anatomy of the Legal Opinion,” 5 Am. Legal Stud. Assoc. Forum 5 (l980)

“Intention and Structure in Contractual Conditions: Outline of a Method for Critical Legal Theory,” 61 Minnesota Law Review 601 (1977)

Book Review (reviewing Ronald Dworkin’s Taking Rights Seriously), 91 Harvard Law Review 302 (1977)


Other Writings on Law

“A New Vision of Justice: From Individual Rights to the Beloved Community,”

Tikkun 18 (November/December 2011)

“The Spiritual Foundation of Attachment to Hierarchy,” in D. Kennedy, Legal Education and the Reproduction of Hierarchy 154 (New York University Press, 2004)

“Spirituality and Law: Contrasting Spiritual and Legal Interpretations of the Case of Mills v. Wyman,” Tikkun 38 (March/April, 2003)

“When Law is the Elephant in the Room” (A Dialogue with Mediator Gary Friedman), Tikkun 40 (March/April 2003)

“Imagine Law” in M. Williamson, Imagine: What American Could Be in the 21st Century, 337 (Rodale Press, 2000)

“Contract Law as Ideology,” in The Politics of Law: A Progressive Critique, 497 (3rd ed., David Kairys, ed., 1998)

“The Moral Obligation of Defense Lawyers in the Wake of the OJ Simpson Trial: A debate with Alan Dershowitz,” Tikkun 8 (July/August, 1997)

“The Politics of Meaning Draft Platform: Plank on Law” (with Nanette Schorr), Tikkun 31 (September/October, 1996)

Affirmative Action and Racial Harmony: Is the Aim of Affirmative Action To Make It As Individuals in the Competitive Marketplace, or To Climb Together to the Mountaintop?” Tikkun 33 (May/June 1995)

“Transformative Possibilities for Progressive Lawyers,” Tikkun 13 (March/April 1989)


Philosophical, Political, and Cultural Essays

“Humiliation as the Root of All Terrorism,”

“A Spiritual Way of Seeing,” Tikkun 17 (Spring, 2013)

“The Social Movement as a Parallel Universe,” Tikkun 25 (Winter, 2011)

“The Presence of Living Organisms,” Tikkun 42 (Novemeber/December 2010)

“A Call for Sacred Biologists,” Tikkun 45 (March/April 2010)

“The Photography of Robert Bergman,” Tikkun 35  (January/February 2010)


Essays on Barack Obama:

“Memo to the New President: How to Avoid Being Co-opted,” Tikkun 24 (January/February, 2009)

“Becoming Present: Advice to the Candidate” Tikkun 39 (September/October, 2008)

“Obama and the Flag Pin,” Tikkun 17 (July/August, 2008) 


“The Fear of Gay Marriage,” Tikkun 49 (January/February, 2005)

“Spiritualizing Foreign Policy,” Tikkun 17 (May/June, 2003)

“The Meaning of a Maalox Commercial,” Tikkun 11 (July/August, 1999)

“The Meaning of the Holocaust: Social Alienation and the Infliction of Human Suffering,” Tikkun 12 (November/December, 1998)

“Clinton and the Superego: Hope’s (Temporary) Expiration,” Tikkun 12 (September/October, 1998)

“Generating Meaning and Connection in Workplace Culture: The New College Manifesto” Tikkun 25 (July/August, 1998)

“How the Left Was Lost: A Eulogy for the 60’s” Tikkun 9 (March/April, 1998)

“Abolish the SAT: Standardized Tests and Meaningless Thought,” Tikkun 11, (September/October, 1995)

“The Relationship Between Community and True Democracy: On the Need to Create a ‘Parallel Universe’ as the Lesson of the Republican Revival,” Tikkun 13 (March/April, 1995)

“The Desire for Community and the Defeat of Health Care: Understanding (And Failing to Understand) Government as a Carrier of Love,” Tikkun 33 (January/February, 1995)

“Sustaining What Moves in a Movement,” Tikkun 39 (March/April, 1994)

“What Moves in a Movement,” Tikkun

“Clinton and the Id: The Moment of Hope,” Tikkun 10 (November/December, 1992)

“The Spiritual Truth of JFK (as Movie and Reality),” Tikkun 37 (March/April, 1992)

“Left Meets East: The Necessity of Cross-Cultural Empathy in Foreign Policy as Revealed by an Official Visit to Eastern Europe After the Revolutions,” Tikkun 22 (May/June, 1990)

“On Passionate Reason: Transcending Marxism and Deconstruction,” Tikkun 9 (November/December, 1989)

“Dukakis’s Defeat and the Emptiness of Postmovement Politics: On the Blockage of Social Desire and the Rotating Lack of Confidence in the Desire of the Other,” Tikkun 15 (March/April, 1989)

“Press Cynicism as Revealed by the Coverage of a Political Convention,” Tikkun 49 (September/October, 1988)

“Creationism and the Spirit of Nature: The Critique of Science and Darwinian Evolution,” Tikkun 55 (November/December, 1987)

“The Bank Teller: The Experiential Origins of Hierarchy,” Tikkun 44 (January/February, 1987)