Publications




Books

  • Shugerman, Jed. The People's Courts: The Rise of Judicial Elections and Judicial Power in America (Harvard University Press 2012).

Articles

  • Shugerman, Jed. "Economic Crisis and the Rise of Judicial Elections and Judicial Review," 123 Harvard Law Review 1061 (2010).
  • Shugerman, Jed. "The Twist of Long Terms: Disasters, Elected Judges and American Tort Law," 98 Georgetown Law Journal 1349 (2010).
  • Shugerman, Jed. "In Defense of Appearances: What Caperton v. Massey Should Have Said (Clifford "Rising Stars" Symposium)," 59 DePaul Law Review 529 (2010).
  • Shugerman, Jed. "State Judicial Review Cases, 1780-1865 (appendix to Economic Crisis and the Rise of Judicial Elections and Judicial Review)," 123 Harvard Law Review 1061 (2010).
  • Shugerman, Jed. "A Watershed Moment: Reversals of Tort Theory in the Nineteenth Century," 2 Journal of Tort Law (2008).
  • Shugerman, Jed. "Judges' Duties and Affirmative Duties: Stockberger v. U.S," 120 Harvard Law Review 1228 (2007).
  • Shugerman, Jed. "A Six-Three Rule: Reviving Consensus and Deference on the Supreme Court," 37 Georgia Law Review 893 (2003).
  • Shugerman, Jed. "Marbury and Judicial Deference: The Shadow of Whittington v. Polk and the Maryland Judiciary Battle," 5 University of Pennsylvania Journal of Constitutional Law 58 (2002).
  • Shugerman, Jed. "The Louisiana Purchase and South Carolina's Reopening of the Slave Trade in 1803," 22 Journal of the Early Republic 263 (2002).
  • Shugerman, Jed. "Unreasonable Probability of Error, Coleman v. State," 111 Yale Law Journal 435 (2001).
  • Shugerman, Jed. "Rights Revolutions and Counter-revolutions," 13 Yale Journal of Law & Humanities 531 (2000) (book review).
  • (reviewing Richard Primus, The American Language of Rights (1999) and Mary Dudziak, Cold War Civil Rights (2000))
  • Shugerman, Jed. "The Floodgates of Strict Liability: Bursting Reservoirs and the Adoption of Fletcher v. Rylands in the Gilded Age," 110 Yale Law Journal 333 (2000).