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Profile: Matthew D. Adler (Duke University)
  1. Matthew D. Adler, Social Facts, Constitutional Interpretation, and the Rule of Recognition.
    This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...)
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  2. Matthew D. Adler & Kenneth Einar Himma, The Rule of Recognition and the U.S. Constitution.
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  3. Matthew D. Adler, Bounded Rationality and Legal Scholarship.
    Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker's goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for (...)
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  4. Matthew D. Adler, Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis.
    Well-Being and Fair Distribution provides a rigorous and comprehensive defense of the “social welfare function” as a tool for evaluating governmental policies. In particular, it argues for a “prioritarian” social welfare function: one that gives greater weight to well-being changes affecting worse-off individuals. In doing so, the book draws on many literatures: in theoretical economics, applied economics, philosophy, and law. Topics addressed include the following: the nature of well-being and the possibility of interpersonal comparisons; the measurement of well-being via “utility” (...)
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  5. Matthew D. Adler (2010). Arnold, N. Scott . Imposing Values: An Essay on Liberalism and Regulation . Oxford: Oxford University Press, 2009 . Pp. 486. $74.00 (Cloth). [REVIEW] Ethics 120 (4):831-836.
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  6. Matthew D. Adler (2009). Contributors and Selected Bibliography. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. 28--295.
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  7. Matthew D. Adler (2009). On (Moral) Philosophy and American Legal Scholarship. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. 114.
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  8. Matthew D. Adler & Kenneth E. Himma (eds.) (2008). THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
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  9. Matthew D. Adler (2005). Cognitivism, Controversy, and Moral Heuristics. Behavioral and Brain Sciences 28 (4):542-543.
    Sunstein aims to provide a nonsectarian account of moral heuristics, yet the account rests on a controversial meta-ethical view. Further, moral theorists who reject act consequentialism may deny that Sunstein's examples involve moral mistakes. But so what? Within a theory that counts consequences as a morally weighty feature of actions, the moral judgments that Sunstein points to are indeed mistaken, and the fact that governmental action at odds with these judgments will be controversial doesn't bar such action.
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  10. Matthew D. Adler (2005). Louis Kaplow and Steven Shavell, Fairness Versus Welfare:Fairness Versus Welfare. Ethics 115 (4):824-828.
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  11. Matthew D. Adler, Popular Constitutionalism and the Rule of Recognition: Whose Practices Ground U.
    The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...)
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  12. Matthew D. Adler (2002). Review of Matthew H. Kramer (Ed.), Rights, Wrongs and Responsibilities. [REVIEW] Notre Dame Philosophical Reviews 2002 (9).
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  13. Matthew D. Adler & Eric A. Posner (eds.) (2001). Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives. University of Chicago Press.
    Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...)
     
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  14. Matthew D. Adler (2000). Personal Rights and Rule-Dependence. Legal Theory 6 (4):337-389.
    Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force?
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  15. Matthew D. Adler (2000). Richard A. Posner, The Problematics of Moral and Legal Theory Reviewed By. Philosophy in Review 20 (2):142-145.
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  16. Matthew D. Adler & Michael C. Dorf (2000). Rights and Rules. Legal Theory 6 (3):241-251.
    Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...)
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  17. Matthew D. Adler (1999). Ruth Chang, Ed., Incommensurability, Incomparability and Practical Reason Reviewed By. Philosophy in Review 19 (3):168-171.
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