Dr. Stephen Simon
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Profile
My research focuses on issues lying at the intersection of legal, political, and normative theory.
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Publications
Books
The U.S. Supreme Court and the Domestic Force of International Human Rights Law. Lanham, MD: Lexington Books, 2016.
Universal Rights and the Constitution. Albany, NY: SUNY Press, 2014.
Journal Articles“Unwarranted Hierarchy: The Supreme Court’s Failure to Explain the Differential Treatment of Rights in the Constitutional Fact Doctrine.” Memphis Law Review 54(3) (2024): 571-630.
“Value Judgments in Judicial Reasoning, and the Instability of the Fact-Law Distinction.” University of Cincinnati Law Review 92 (2023): 455-84.
“What is a Law? California v. Texas, and Fundamental Philosophical Issues Implicated by Challenges to the Constitutionality of the Health Care Mandate.” Charleston Law Review 17 (2023): 455-90.
“Re-Imprisonment Without a Jury Trial: Supervised Release and the Problem of Second-Class Status.”Cleveland State Law Review 69 (2021): 569-603.
“Foreign Law and Constitutional Rights in the US Courts of Appeals: Findings and Implications.” Vienna Journal on International Constitutional Law 8(3) (2014): 251-75.
“The Supreme Court's Use of Foreign Law in Constitutional Rights Cases: An Empirical Study.” Journal of Law and Courts 1(2) (2013): 279-301.
“Inherent Sovereign Powers: The Influential Yet Curiously Uncontroversial Flip Side of Natural Rights.” Alabama Civil Rights and Civil Liberties Law Review 4 (2013):133-67.
“Dog Sniffs, Robot Spiders, and the Contraband Exception to the Fourth Amendment.” Charleston Law Review 7 (2012): 111-37.
“Rights Without a Base: The Troubling Ambiguity at the Heart of Constitutional Law.” St. Louis University Law Journal 57 (2012): 101-50.
“The ACA Decision: A Rights Gap in Constitutional Discourse.” The Jurist, July 19, 2012.
“High Court and Health Care.” Richmond Times-Dispatch, Sunday, April 1, 2012.
“Addressing Broad Challenges to Universal Theories of Justice.” The Good Society 19(2) (2010): 75-78.
Book Chapters“Groff v. DeJoy on Religious Accommodations in Employment Under Title VII.” In SCOTUS 2023, edited by Morgan Marietta and Howard Schweber, 137-45. London: Palgrave Macmillan, 2023.
“Torres v. Madrid on Use of Force Under the Fourth Amendment.” In SCOTUS 2021, edited by Morgan Marietta, 137-45. London: Palgrave Macmillan, 2021.
“U.S. v. Haymond on Re-imprisonment Without a Trial.” In SCOTUS 2019, edited by David Klein and Morgan Marietta, 69-78. London: Palgrave Macmillan, 2019.
“Why Do International Human Rights Matter in American Decision Making?” In Human Rights and Legal Judgments: The American Story, edited by Austin Sarat, 100-30. Cambridge: Cambridge University Press, 2017.
“Legal Mobilization and U.S. Supreme Court Decision Making in Property and Civil Rights Cases, 1978–2003.” In Property Rights and Neoliberalism, edited by Wayne V. McIntosh and Laura Hatcher, 29-58. Burlington, Vermont: Ashgate Press, 2010 (with Rebecca U. Thorpe, Michael C. Evans, and Wayne V. McIntosh).
“Technological Advances and Individual Liberties: Privacy and the Reach of the State in the 21st Century.” In Democracy in the 21st Century, edited by Peter Nardulli, 105-30. Chicago: University of Illinois Press, 2008 (with Wayne McIntosh).
ReviewsReview of A Citizen’s Guide to the Constitution and the Supreme Court: Constitutional Conflict in American Politics, by Morgan Marietta. Law and Politics Book Review 24(2) (2014): 90-92.
Review of Community and Collective Rights: A Theoretical Framework for Rights Held by Groups, by Dwight Newman. Law and Politics Book Review 22(10) (2012): 503-06.
Review of Billy Budd, Sailor, by Herman Melville. Law and Politics Book Review 18(4) (2008): 344-47.