Publications Gary Jacobsohn

BOOKS

CONSTITUTIONAL IDENTITY (Harvard University Press, 2010)
THE WHEEL OF LAW: INDIA’S SECULARISM IN COMPARATIVE CONSTITUTIONAL CONTEXT (Princeton University Press, 2003, Oxford University Press – India, 2003)

APPLE OF GOLD: CONSTITUTIONALISM IN ISRAEL AND THE UNITED STATES (Princeton University Press, 1993)
THE SUPREME COURT AND THE DECLINE OF CONSTITUTIONAL ASPIRATION (Rowman & Littlefield, 1986)
PRAGMATISM, STATESMANSHIP, AND THE SUPREME COURT (Cornell University Press, 1977)
AMERICAN CONSTITUTIONAL LAW: ESSAYS, CASES, AND COMPARATIVE NOTES 3rd ed.), with
Donald P. Kommers and John E. Finn (Rowman & Littlefield, 2009)
DIVERSITY AND CITIZENSHIP: REDISCOVERING AMERICAN NATIONHOOD, Co-edited with Susan Dunn (Rowman & Littlefield, 1996)

RECENTLY PUBLISHED ARTICLES

“Theorizing the Constitutional Revolution” Journal of Law of Courts, V. 2, 2012.
“Making Sense of the Constitutional Revolution,” Constellations, V. 19, 2012.
"Rights and American Constitutional Identity," Polity, V. 43, 2011.
“Constitutional Values and Principles,” in Michel Rosenfeld and Andres Sajo, eds., Oxford Handbook in Comparative Constitutional Law (Oxford University Press, 2012).
“The Formation of Constitutional Identities,” in Tom Ginsburg and Rosalind Dixon, eds., Elgar Handbook in Comparative Constitutional Law (Elgar Press, 2011).
“Constitutional Borrowing in South Asia: India, Sri Lanka, and Constitutional Identity,” (with Shylashri Shankar) in Sunil Khilnani and Vikram Raghavan, eds., Comparative Constitutionalism in South Asia (Oxford University Press, 2013).
“The Disharmonic Constitution,” in Stephen Macedo and Jeffrey Tulis, eds., The Limits of Constitutional Democracy Princeton University Press, 2010).
“The Sounds of Silence: Militant and Acquiescent Constitutionalism,” in M. Richard Zinman, ed., The Supreme Court and the Idea of Constititionalism (University of Pennsylvania Press, 2009).
“Aspirationalism,” in David Tanenhaus, ed., Encyclopedia of the Supreme Court of the United States (Macmillan, 2008).
“Bommai and the Judicial Power: A View From the United States,” Indian Journal of Constitutional Law, V. 2, 2008.
“Constitutional Identity,” The Review of Politics, V. 68, 2006.
“An Unconstitutional Constitution? A Comparative Perspective,” I-CON: International Journal of Constitutional Law, V. 4, 2006.
“The Permeability of Constitutional Borders,” Texas Law Review, V. 82, 2004.

ADDITIONAL ARTICLES & ESSAYS

“After the Revolution,” Israel Law Review, V. 34, 2000.
“‘By the Light of Reason’: Corruption, Religious Speech, and Constitutional Essentials,” in Nancy L. Rosenblum, ed., Religion and Law: Obligations of Citizenship and Demands of
Faith (Princeton University Press, 2000).
"Dramatic Jurisprudence," in William N. Eskridge, Jr. and Sanford Levinson, eds., Constitutional Stupidities, Constitutional Tragedies (NYU Press, 1998).
"Hindu Nationalism and the Israeli Experience," Journal of Indo-Judaic Studies, V. 1, 1998.
"Comparative Constitutional Analysis and the Secular Polity," The Good Society: A PEGS Journal,
V. 7, 1997.
"Three Models of Secular Constitutional Development: India, Israel, and the United States," Studies in American Political Development, V. 10, 1996.
"Contemporary Constitutional Theory, Federalism, and the Protection of Rights," in Ellis Katz and G. Alan Tarr, eds., Federalism and Rights (Rowman & Littlefield, 1996).
"States' Rights," in Leonard W. Levy and Louis Fisher, eds., Encyclopedia of the American Presidency (Simon & Schuster, 1993).
"Censorship in Israel," in Ilan Peleg, ed., Censorship (Westview Press, 1993).
"Political Incorporation and Democratic Theory," in George E. Marcus and Russell Hanson, eds., Reconsidering the Democratic Electorate (Penn State University Press, 1993).
"Pragmatism," in Leonard W. Levy, Kenneth L. Karst, and John G. West, Jr., eds., Encyclopedia of the American Constitution - Supplementary Edition (Macmillan Publishing Co. Inc., 1991).
"Judicial Activism in Israel," in Kenneth Holland, ed., Judicial Activism In Comparative Perspective (Macmillan Publishing Co. and St. Martin's Press, 1991).
"Alternative Pluralisms: Israeli and American Constitutionalism In Comparative Perspective," Review of Politics, V. 51, 1989.
"Judicial Activism and the Founders," in J. Jackson Barlow, Dennis J. Mahoney, and John G. West, Jr., eds., The New Federalist Papers (University Press of America, 1988).
"Rules are Not Enough: An Argument For Principled Unpredictability," in Sarah Baumgartner Thurow, ed., Constitutionalism in Perspective: The United States Constitution in Twentieth Century Politics (University Press of America, 1988).
"Natural Rights and the Constitution: American Experience and the Israeli Dilemma," Vera Lex, V.7, No. 2, 1987.
"Modern Jurisprudence and The Transvaluation of Liberal Constitutionalism," Journal of Politics, V. 47, 1985.
"E.T.: The Extra-Textual in Constitutional Interpretation," Constitutional Commentary," V. 1, 1983.
"Legal Science Revisited and Reinterpreted: Roscoe Pound's The Spirit of the Common Law," in Sidney A.Pearson, Jr., ed., The Constitutional Polity: Essays on the Founding Principles of American Politics (University Press of America, 1983).
"Abraham Lincoln 'On This Question of Judicial Authority': The Theory of Constitutional Aspiration," Western Political Quarterly, V. 36, No. 1, 1983.
"Hamilton, Positivism, and the Constitution: Judicial Discretion Reconsidered," Polity, V. 14, 1981.
"The Unanimous Verdict: Politics and the Jury Trial," Washington University Law Review, V. 1976, 1977.
"The Right To Disagree: Judges, Juries, and the Administration of Justice in Maryland," Washington University Law Review, V. 1976, 1977.
"Citizen Participation in Policy-Making: The Role of the Jury," Journal of Politics, V. 39,1977.
"The Pragmatic Dogma' of the Political Thicket: The Jurisprudential Paradox of 'One Man, One Vote'", Polity, V. 9, 1977.
"Constitutional Adjudication and Judicial Statesmanship: Principle, Fact, and Doctrine,"Journal of Public Law, V. 23, 1974.
"Felix Frankfurter and the Ambiguities of Judicial Statesmanship," New York UniversityLaw Review , V. 49, 1974.

BOOK REVIEWS

"Revolution or Evolution: The Challenges of Constitutional Design," review essay of Hanna Lerner, MAKING CONSTITUTIONS IN DEEPLY DIVIDED SOCIETIES, in Tulsa Law Review, V. 48, 2013.
Ran Hirschl, CONSTITUTIONAL THEOCRACY, in The Law and Politics Book Review,V.21, No. 4, 2011.
Martha C. Nussbaum, tTHE CLASH WITHIN: DEMOCRACY, RELIGIOUS VIOLENCE, AND INDIA'S
FUTURE, in Journal of Law and Religion, V. 23, 2008.
S. K. Verma and Kusum Kumar, FIFTY YEARS OF THE SUPREME COURT OF INDIA: ITS GRASP AND
REACH, in The Law and Politics Book Review, V. 14, No. 6, 2004.
Reuven Y. Hazan, REFORMING PARLIAMENTARY COMMITTEES: ISRAEL IN COMPARATIVE
PERSPECTIVE, in American Political Science Review, V. 96, 2002.
Gregg Ivers, TO BUILD A WALL: AMERICAN JEWS AND THE SEPARATION OF CHURCH AND STATE, in Studies in Contemporary Jewry, V. 13, 1998.
Wayne D. Moore, CONSTITUTIONAL RIGHTS AND POWERS OF THE PEOPLE, in The Law and Politics Book Review, V. 7, No. 2, 1997.
Lane V. Sunderland, POPULAR GOVERNMENT AND THE SUPREME COURT: SECURING THE PUBLIC GOOD AND PRIVATE RIGHTS, in American Political Science Review, V. 90, No. 4, 1996.
James P. Pinkerton, WHAT COMES NEXT: THE END OF BIG GOVERNMENT - AND THE NEW PARADIGM AHEAD
Victor Kamber, GIVING UP ON DEMOCRACY: WHY TERM LIMITS ARE BAD FOR AMERICA, in The Washington Post Book World, November 26, 1995.
Edward J. Cleary, BEYOND THE BURNING CROSS: THE FIRST AMENDMENT AND THE LANDMARK R.A.V. CASE, in The Washington Post Book World, November 21, 1994.
Bernard Schwartz, MAIN CURRENTS IN AMERICAN LEGAL THOUGHT (feature review), in Perspectives on Political Science, V. 23, No. 3, 1994.
Douglas Greenberg, Stanley N. Katz, Melanie Beth Oliviero, and Steven C. Wheatley, eds., CONSTITUTIONALISM AND DEMOCRACY: TRANSITIONS IN THE CONTEMPORARY WORLD, in The Law and Politics Book Review, V. 4, No. 2, 1994.
Richard B. Bernstein, AMENDING AMERICA: IF WE LOVE THE CONSTITUTION SO MUCH, WHY DO WE KEEP TRYING TO CHANGE IT?
Bernard Bailyn, ed., THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES AND LETTERS DURING THE STRUGGLE OVER RATIFICATION, in The Washington Post Book World, September 5, 1993.
Christopher P. Manfredi, JUDICIAL POWER AND THE CHARTER: CANADA AND THE PARADOX OF LIBERAL CONSTITUTIONALISM, in American Political Science Review, V. 87, No. 4, 1993.
Yochanan Peres and Ephraim Yuchtman-Yaar, TRENDS IN ISRAELI DEMOCRACY: THE PUBLIC'S VIEW, in International Journal of Middle East Studies, V. 25, No. 2, 1993.
Hadley Arkes, BEYOND THE CONSTITUTION, in American Political Science Review, V. 85, No. 4, 1991.
Lucy S. Dawidowicz, FROM THAT PLACE AND TIME: A MEMOIR 1938-1937, in Perspective, V. 19, No. 2, 1990
Richard Beeman, Stephen Botein, and Edward C. Carter II, eds., BEYOND CONFEDERATION: ORIGINS OF THE AMERICAN NATIONAL CHARACTER (feature review), in Perspective, V. 16, No. 4, 1987.
Eva R. Rubin, THE SUPREME COURT AND THE AMERICAN FAMILY, in The Annals of the American Academy of Political and Social Science, V. 493, 1987.
Michael Kent Curtis, NO STATE SHALL ABRIDGE: THE FOURTEENTH AMENDMENT AND THE BILL OF RIGHTS, in American Political Science Review, V. 81, No. 1, 1987.
Wallace Mendelson, SUPREME COURT STATECRAFT: THE RULE OF LAW AND MEN, in Perspective, V.15, No. 5, 1986.
Amos Oz, IN THE LAND OF ISRAEL, in Kesher/Connection, V. 2, No. 1, 1985.
Michael J. Perry, THE CONSTITUTION, THE COURTS, AND HUMAN RIGHTS: AN INQUIRY INTO THE LEGITIMACY OF CONSTITUTIONAL POLICYMAKING BY THE JUDICIARY, in Perspective, V.12, No. 4, 1983.
Bruce A. Murphy, THE BRANDEIS/FRANKFURTER CONNECTION, in Perspective, (feature review) V.11, No.6, 1982.
Bruce M. Owen, ECONOMICS AND FREEDOM OF EXPRESSION: MEDIA STRUCTURE AND THE FIRST AMENDMENT, in Policy Analysis, V.3, No.3, 1977.

OTHER

Editor, Berkshire Review (1980)
Co-Editor, Rowman and Littlefield Series on the American Constitution