Visit my SSRN page to stay up to date on my academic work.

Challenging Hate, Protecting Rights
Jurisprudence, 2017
Equality as a Basis for Religious Toleration: A Response to Leiter
Criminal Law and Philosophy, 2016
Sovereign and State: A Democratic Theory of Sovereign Immunity (With David McNamee)
Texas Law Review, 2015
Popular Constitutionalism Contra Populism
Constitutional Commentary, 2015
Democratic Persuasion and the Freedom of Speech
Brooklyn Law Review, 2014
Value Democracy as the Basis for Viewpoint Neutrality: A Theory of Free Speech and Its Implications for the State Speech and Limited Public Forum Doctrines
Northwestern Law Review, 2013
Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion
Law and Ethics of Human Rights, 2012
A Substantive Conception of the Rule of Law: Non-Arbitrary Treatment and the Limits of Procedure
NOMOS 54: GETTING TO THE RULE OF LAW, NYU Press, 2010
Judicial Review and Democratic Authority: Absolute v. Balancing Conceptions
Journal of Ethics and Social Philosophy, 2011
When the State Speaks, What Should it Say? Freedom of Expression and Democratic Persuasion
Perspectives on Politics, December 2010
The Global Reach of Democratic Ideals: Universal Implications of Procedure-Independent Values
The Good Society, 2009
A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights
Political Theory, April 2010
Rights within the Social Contract: Rousseau on Punishment
LAW AS PUNISHMENT/LAW AS REGULATION, Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey, eds., Stanford University Press, 2011
The Rights of the Guilty: Punishment and Political Legitimacy
Political Theory, Vol. 35, No. 2, April 2007
The Politics of the Personal: A Liberal Approach
American Political Science Review, February 2007
The Value Theory of Democracy
Politics, Philosophy, and Economics, October 2006
Popular Constitutionalism and the Case for Judicial Review
Political Theory, 2006
Balancing Procedures and Outcomes within Democratic Theory: Core Values and Judicial Review
Political Studies, June 2005

Dialogues

2014 Symposium on When the State Speaks, What Should It Say? in the Brooklyn Law Review

Legitimacy and Autonomy - Frank I. Michelman

Freedom of Expression and the Golden Mean - Steven G. Calabresi

Democratic Rhetoric: How Should the State Speak? - Josiah Ober

You’re All Individuals: Brettschneider on Free Speech - Andrew Koppelman

Liberty, Equality, and State Responsibilities - Robin West

The Liberal Tightrope: Brettschneider on Free Speech - Sarah Song

Democratic Persuasion and Freedom of Speech: A Response - Corey Brettschneider

2012 Symposium on Democratic Rights in Law, Culture and the Humanities

The Substance of Self-Government - James E Fleming

Privacy and Democracy: What the Secret Ballot Reveals - Annabelle Lever

On the Co-originality of Liberalism and Democracy - Jeffrey Edward Green

2011 "Critical Exchange" on "A Transformative Theory of Religious Freedom," in Political Theory

A Restrained View of Transformation - Jeff Spinner-Halev

Free and Equal Citizenship and Non-profit Status: A Reply to Spinner-Halev - Corey Brettschneider

2011 Symposium on Democratic Rights in Representation

Introduction: Symposium on Democratic Rights - Simon Cabulea May

On the Relation Between Democracy and Rights - Anna Stilz

Democracy as an Inflationary Concept - Eric Beerbohm

A Democratic Right to Privacy: Political or Perfectionist? - Loren King

Getting Personal with Citizens and Criminals: Comments onDemocratic Rights and Punishment - James Lindley Wilson

Against Democratic Contractualism - Alex Zakaras

Judicial Review and the Value Theory of Democracy - Alon Harel

Defending the Value Theory of Democracy: A Response to Six Critics - Corey Brettschneider

2009 "Critical Exchange" on Democratic Rights in The Journal of Politics

Review of Democratic Rights - Thomas Christiano

Response to Christiano - Corey Brettschneider

2008 "Critical Dialogue" on Democratic Rights in Perspectives on Politics

Review of Democratic Rights - Melissa Schwartzberg

Response to Schwartzberg - Corey Brettschneider

2007 "Critical Exchange" on "The Rights of the Guilty," in Political Theory

Consent and the Legitimacy of Punishment: Response to Brettschneider - Frank Lovett

Unreasonable Disagreement: Reply to Lovett - Corey Brettschneider

The Oath and the Office by Corey Brettschneider

“A clear-eyed, accessible, and informative primer: vital reading for all Americans.”

—KIRKUS (starred review)
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