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Stanford Law School
William Benjamin Scott & Luna M. Scott Professor of Law (1996­ )
Professor of Law (1989-96)

University of Southern California Law Center
Carolyn Craig Franklin Professor of Law (1987-89)
Professor of Law (1982-87)
Associate Professor of Law (1979-82)

University of Oregon School of Law
Assistant Professor of Law (1976-78)

Visiting Professor of Law
University of Southern California Law Center (1989-90)
Harvard Law School (1984-85)
UCLA Law School (1978-79)

Intellectual Property, Legal Issues in Cyberspace, Property, Property Theory
Land Use Regulation, Jurisprudence

Also have taught Antitrust, Criminal Procedure, Professional Responsibility, and
International Transactions

L.L.D.(h.c.) 1993 Illinois Institute of Technology Chicago-Kent School of Law

J.D. 1976 University of Southern California Law Center
Order of the Coif (ranked 2d in class)

Ph.D.cand. 1965-8 University of California, Berkeley
Graduate work in History of Music, advanced to candidacy for Ph.D.
Hertz Traveling Fellowship (declined)

M.F.A. 1965 Brandeis University
Graduate work in History of Music
Woodrow Wilson Fellow

A.B. 1963 Stanford University (with great distinction)
Phi Beta Kappa (elected junior year)
National Merit Scholar

BOOKS

CONTESTED COMMODITIES
(Harvard University Press 1996)

REINTERPRETING PROPERTY (University of Chicago Press 1993)

ARTICLES

A. Property and Property Theory

Reflections on Exclusion and Coordination: The Case of Domain Names (unfinished manuscript January 1997), (co-authored with R. Polk Wagner)

Property Evolving in Cyberspace , U. PITT. J. Of L. AND COMMERCE (forthcoming 1996)

Real Property and Direct Democracy in California , in CONSTITUTIONAL REFORM IN CALIFORNIA : MAKING STATE GOVERNMENT MORE EFFECTIVE AND RESPONSIVE
(B. Cain and R. Noll eds. 1995) (co-authored with Brenden P. Cullen)

Reconsidering Personhood , 74 OREGON L. REV. 423 (1995)

Lacking a Transformative Social Theory , 45 STAN. L. REV. 409 (1993)

Government Interests and Takings : Cultural Commitments of Property and the Role of Political Theory , in PUBLIC VALUES IN CONSTITUTIONAL LAW (S. Gottlieb, ed., 1993)

Evaluating Government Reasons for Changing Property Regimes , 55 ALBANY L. REV. 597 (1992) (transcription of spoken version of earlier draft of above)

Diagnosing the Takings Problem , in COMPENSATORY JUSTICE (NOMOS XXXIII)
(J. Chapman ed. 1991)

The Constitution and the Liberal Conception of Property , in JUDGING THE CONSTITUTION (A. Houseman & M. McCann eds. 1989)

The Liberal Conception of Property : Cross Currents in the Jurisprudence of Takings , 88 COLUM. L. REV. 1667 (1988) (adaptation and expansion of the above); reprinted in 21 LAND USE & ENVIRONMENT L. REV. 151 (1990)

Rent Control and Incomplete Commodification : A Rejoinder , 17 PHIL. & PUBLIC AFFAIRS 80 (1988)

Time , Possession and Alienation , 64 WASH.U.L.Q. 739 (1986)

The Consequences of Conceptualism , 41 MIAMI L. REV. 239 (1986)

Residential Rent Control , 15 PHIL. & PUBLIC AFFAIRS 350 (1986)

Property and Personhood , 34 STAN. L. REV. 957 (1982);
reprinted in part in PROPERTY LAW 53 (E. Mensch & A. Freeman eds. 1992)

B. Justice and the Market Domain (The Limits of Private Property and Free Contract)

On the Domain of Market Rhetoric , 15 HARV. J. OF LAW & PUBLIC POLICY 711 (1992)

Reflections on Objectification , 65 S. CAL. L. REV.341 (1991)

Justice and the Market Domain , in MARKETS AND JUSTICE (NOMOS XXXI)
(J. Pennock & J. Chapman eds. 1989)

Choosing Family Law over Contract Law as a Paradigm for Surrogate Motherhood ,
16 J. Law, Medicine & Health Care 34 (1988) (co-authored with A.M. Capron;
reprinted in SURROGATE MOTHERHOOD 59 (L. GOSTIN ed. 1990)

Market-Inalienability , 100 HAR. L. REV. 1849 (1987);
reprinted in part in FEMINIST JURISPRUDENCE 389 (P. Smith ed. 1993), A PROPERTY ANTHOLOGY 398 (R. Chused ed. 1993), REPRODUCTIVE TECHNOLOGY AND HUMAN VALUES (K. Alpern ed. 1993), LAW AND MORALS (G. Dworkin, ed. 1993), FOUNDATIONS OF CONTRACT LAW (R. Craswell ed. 1994)

C. Jurisprudence, Legal Theory, Law and Philosophy

Positive Theory as Conceptual Critique : A Piece of a Pragmatic Agenda ? 68 SOUTHERN CALIFORNIA LAW REVIEW 1595 (1995)

A Deweyan Perspective on the Economic Theory of Democracy 11 CONSTITUTIONAL COMMENTARY 539 (1995)

Compensation and Commensurability , 43 DUKE L .J. 56 (1993)

Reply : Please Be Careful with Cultural Feminism , 45 STAN. L. REV. 1567 (1993)
(transcription of spoken commentary)

Pragmatist and Poststructuralist Critical Legal Practice , 139 U. PA. L. REV. 1019 (1991)
(co-authored with Frank Michelman)

Presumptive Positivism and Trivial Cases , 14 HARV. J. OF LAW & PUBLIC POLICY 701 (1991)

Affirmative Action Rhetoric , 8 SOC. PHIL. & POLICY 51 (1991)

The Pragmatist and the Feminist , 63 S. CAL. L. REV.1699 (1990); reprinted in PRAGMATISM IN LAW AND SOCIETY (M. Brint & W. Weaver eds. 1991)

" After the Final No There Comes a Yes ": A Law Teacher's Report , 2 YALE J. OF LAW & HUMANITIES 253 (1990)

Reconsidering the Rule of Law , 69 B.U. L. REV. 781 (1989); reprinted in WITTGENSTEIN AND LEGAL THEORY 125 (D. Patterson ed. 1992), LAW AND LANGUAGE
(F. Schauer ed. 1993)

Risk-of Error Rules and Non-Ideal Justification , in JUSTIFICATION IN ETHICS 33
(NOMOS XXVIII) (J. Pennock & J. Chapman eds. 1986)

D. Capital Punishment, Punishment Theory

Proportionality , Subjectivity , and Tragedy , 18 U.C. DAVIS L. REV.1165 (1985)

Cruel Punishment and Respect for Persons : Super Due Process for Death,
55 S.CAL. L .REV. 1143 (1980)

The Jurisprudence of Death : Evolving Standards for the Cruel and Unusual Punishments Clause, 126 U. PA. L. REV. 989 (1978)

BOOK REVIEW

Book Review (R. Berger, DEATH PENALTIES), 74 J. CRIM. L. & CRIMINOLOGY 1115 (1983)

Recent Lectures, Presentations and Conferences

Presenter, "Reflections on Exclusion and Coordination: The Case of Domain Names," Digital Content: New Products & New Business Models, University of California, Berkeley, November 1996; also presented at INTERNET LAW: Opportunities and Threats Worldwide, a symposium sponsored by Fenwick & West LLP, November 1996; and at Legal Theory Workshop, Columbia University, December 1996.

Presenter, "Property Evolving in Cyberspace," Second Century Conference, University of Pittsburgh, September 1995; also presented at Forum Xerox, Palo Alto Research Center, October 1995; and at Varian Technical Seminar, June 1996.

Discussant, Intellectual Property in Electronic Publishing, Twenty-Third Annual Telecommunications Policy Research Conference, Solomons, MD., October 1995.

Presenter, series of 9 seminars on "Rethinking Property for a Networked Digital World,"
law firm of Fenwick & West, Summer 1995.

Presenter, "Real Property and Direct Democracy in California," Conference on California Constitutional Reform, Institute of Governmental Studies, Berkeley, June 1995.

Keynote Speaker, "Property at the Crossroads: Two Paradigms in Need of Reinterpretation,"
Fifth Conference on Computers, Freedom and Privacy, March 1995.

Presenter, "Commodification and Free Speech," American Philosophical Association, Pacific Division, March 1995.

James A. Moffett Lecture in Ethics, "Commodification and Polity," Princeton University,
March 1995.

Commencement Speaker, IIT Chicago-Kent School of Law, June 1994.

Colin Ruagh O'Fallon Lecture, "Reconsidering Personhood," University of Oregon Law School, April 1994.

John Dewey Lecture, "A Deweyan Perspective on the Economic Theory of Democracy," University of Minnesota Law School, November 1993.

Centennial Visitor, IIT Chicago-Kent School of Law, October 1993.

Brainerd Currie Lecture, "Compensation and Commensurability," Duke Law School,
March 1993.

Presenter, [Excerpts from book manuscript on Commodification], Colloquium in Law, Philosophy, and Social Theory, New York University Law School, March 1993.

Speaker, "Takings 1992," Section on Law and Economics, American Association of Law Schools Convention, January 1993.

Presenter, "Market Rhetoric and Free Expression," Ethics Conference on Freedom of Expression, June 1992.

Presenter, "Contemporary Jurisprudential Styles: New Perspectives on Legal Theory," Workshop on Jurisprudence, Association of American Law Schools Convention, January 1992.

Commentator on Jennifer Nedelsky's " Private Property and the Limits of American Constitutionalism," Section on Property, Association of American Law Schools Convention, January 1992.

Presenter, "Commodification and Subordination," Department of Justice Studies, Arizona State University, November 1991.

Presenter, "Evaluating Government Reasons for Changing Property Regimes," Conference on "Compelling Government Interests: The Mystery of Constitutional Analysis," Albany Law School, September 1991; also presented to the legal theory workshop, University of Pennsylvania Law School, December 1991.

Presenter, "The Difference That We Make in What We See: Redescription and Legal Change," American Literature Association, panel on "Wallace Stevens and the Law," May 1991.

Commentator, "Reflections on Objectification," University of Southern California Symposium on "Biomedical Technology and Health Care: Social and Conceptual Transformations,"
February 1991.

Presenter, "Pragmatist and Poststructuralist Critical Legal Practice," University of Virginia Law School, Legal Theory Workshop, March 1991.

Participant, Liberty Fund Seminar on Redistribution, February 1991.

Presenter, "Affirmative Action and the Problem of Transition," Conference on "Reassessing Civil Rights," Social Philosophy and Policy Center, April 1990.

Presenter, "Presumptive Positivism and Trivial Cases," Conference on "Rules and the Rule of Law," April 1990.

Commentator, "Miller and Paul on Sandel on Rawls," presented at the Pacific Division meeting of the American Philosophical Association, March 1990.

Presenter, "The Pragmatist and the Feminist," Symposium on "The Renaissance of Pragmatism in American Legal Thought," University of Southern California Law School, February 1990.

Faculty, "Jurisprudence I: Essential Principles," 1990 California Continuing Judicial Studies Program, California Center for Judicial Education and Research, January 1990.

Speaker, "Feminism and Property Theory," Joint session of Women and the Law and Property Sections, Association of American Law Schools Convention, January 1990.

Of Counsel, law firm of Heller, Ehrman, White & McAuliffe, Palo Alto, California

Series editor, New Perspectives on Law, Culture and Society (Westview Press) (with Robert Gordon)

Vice President (for 1987-89), American Society for Political and Legal Philosophy; Chair of the nominating committee for 1991-93 officers

Former Chair of Sections on Law and the Humanities, Property, and Jurisprudence, American Association of Law Schools

State Bar of California (Active Member)

American Society for Political and Legal Philosophy

Computer Law Society

Association for Computing Machinery

Cyberspace Law Institute (Co-Founder)

January 1997

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