Publications

Books

  • Common-Law Liberty: Rethinking American Constitutionalism [a series of essays on the interplay between modern liberalism and the Common law heritage in American constitutional history and in constitutional law today] (Lawrence: University Press of Kansas, 2003)

Reviews: by Robert Nagel, in First Things; by Wayne Moore, in Law and Politics Book Review; by Stephen Presser in Claremont Review of Books; see also Judge Diarmuid O'Scannlain, "Rediscovering Common Law," in the Notre Dame Law Review

  • Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism [a study of the origin and development of the doctrines that form American constitutionalism, in particular the doctrine of judicial review, from sources in the English common law on the one hand and liberal political philosophy on the other] (Lawrence: University Press of Kansas, 1992; paperback, 1994)

  • Edited, with Alan Levine and Thomas W. Merrill, The Political Thought of the Civil War [essays on the political thought of the North and the South before, during, and after the American Civil War] (Lawrence: University Press of Kansas, 2018)

Reviews: by Sean A. Scott in Law & Liberty; by Allen Guelzo, American Political Thought

  • Edited, with Harold James, The Thriving Society: On Social Conditions of Human Flourishing [essays from scholars in a variety of fields] (Princeton, NJ: Witherspoon Institute, 2015)

  • Edited, with Donna M. Hughes, The Social Costs of Pornography: A Collection of Papers [essays from scholars in a variety of fields on the topic] (Princeton, NJ: Witherspoon Institute, 2010)

  • Edited, with Samuel Gregg, Rethinking Business Management: Examining the Foundations of Business Education (Princeton, NJ: Witherspoon Institute, 2008)

Published Articles and Book Reviews

"Debating the Educating for American Democracy Roadmap," with Mark Bauerlein and Paul Carrese, RealClear Education, July 23, 2021

"Conservatives Should Give the New Civics Roadmap a Fair Chance." with Paul O. Carrese, American Greatness, June 27, 2021

"What's So Un-American about a Shared American Civics?" with Paul O. Carrese, National Review [online], June 9, 2021; Stanley Kurtz's reply, June 10; Carrese & Stoner rejoinder, "Step Up to Restore a Sound American Civics," June 15

"Catholic, Protestant, Partisan" [review of James M. Patterson, Religion in the Public Square: Sheen, King, and Falwell], Law & Liberty [online], February 3, 2021

"Nationalism, Culture, and Higher Education," in a symposium on Nationalism, Academic Questions, 33 (4) Winter 2020

"Can Liberal Constitutionalism Instruct?" "Liberty Matters" Symposium on Walter Bagehot's English Constitution, Online Library of Law and Liberty, January 15 & June 3, 2020

“Was Justice Joseph Story a Christian Constitutionalist?” in Daniel L. Dreisbach and Mark David Hall, eds., Great Christian Jurists in American History (New York: Cambridge University Press, 2019), pp. 144-160

"Common-Law Originalism," the Walter Berns Constitution Day Lecture at the American Enterprise Institute, September 17, 2019

"Soft Landing," in "Michael Anton's After the Flight 93 Election: A Law & Liberty Symposium, Law & Liberty [online], July 9, 2019

“Civil Society and Social Justice: A Prospectus,” The Independent Review: A Journal of Political Economy 24 (1): 85-94 (Summer 2019)

"A Defense of the Neoliberal University" [review of Keith Whittington, Speak Freely], Law & Liberty [online], September 3, 2018

"Aristotelian Metaphysics and Modern Science: Leo Strauss on What Nature Is," in Geoffrey M. Vaughan, ed., Leo Strauss and His Catholic Readers (Washington, DC: The Catholic University of America Press, 2018), pp. 277-289

"Cake, Controversy–and the Common Law," Law and Liberty [online], June 13, 2018

"Academic Freedom and Freedom of Speech," Open Inquiry Project (Institute for Humane Studies), May 31, 2018

"Are Academic Freedom and Freedom of Speech Congruent or Opposed?," in Donald Alexander Downs and Chris W. Surprenant, eds., The Value and Limits of Academic Speech: Philosophical, Political, and Legal Perspectives(New York: Routledge, 2018), pp. 64-77

Review of Floyd Abrams, The Soul of the First Amendment; Timothy Garton Ash, Free Speech: Ten Principles for a Connected World; Erwin Chemerinsky and Howard Gillman, Free Speech on Campus; and Sigal R. Ben-Porath, Free Speech on Campus ["The Free Speech Debate"], in Claremont Review of Books, vol. 18, no. 1 (Winter 2018), pp. 36-39

"Comments on Alexander's Law and Politics: What Is Their Relation?" Harvard Journal of Law & Public Policy 41(1): 369-372 (Winter 2018)

Review of Thomas G. West, The Political Theory of the American Founding: Natural Rights, Public Policy, and the Moral Conditions of Freedom ["A Partial Vindication of Thomas West"], Liberty Law Book Reviews/Online Library of Law & Liberty, December 11, 2017

"Free Speech, Diversity, and Inclusion: Is There a Balance?" Jack Miller Center's "Constitution Day Conversation," October 26, 2017

"Unsettling Thoughts on Liquidation," Online Library of Law & Liberty, September 15, 2017

"Universities Should be Safe Spaces–for Intellectual Diversity" (with Christopher d'Elia, Richard Eldridge, Peter Minowitz, Suzanna Sherry, and Paul Carrese), RealClear Politics, June 1, 2017

"Peter Augustine Lawler, a personal remembrance,"Online Library of Law & Liberty, May 24, 2017

"The Harmony and Balance of Virtue and Liberty," Learn Liberty Website, April 24, 2017

"Teach Your Children Well," in Claremont Review of Books, vol. 17, no. 2 (Spring 2017), pp. 91-92

"Progressivism, Social Science, and Catholic Social Teaching in the Building of the American Welfare State," in Bradley C.S. Watson, ed., Progressive Challenges to the American Constitution: A New Republic (New York: Cambridge University Press, 2017), pp. 160-170

"The Chicago Generation?" Open Inquiry Project (Institute for Humane Studies), March 6, 2017

"Electors, Americans, Countrymen, Lend Me Your Ears," Online Library of Law & Liberty, December 2, 2016

"Categories and Causes: Physics and Politics for Aristotle and for Us," in R.J. Snell and Steven F. McGuire, eds., Concepts of Nature: Ancient and Modern (Lanham, Md.: Lexington Books, 2016), pp. 101-115

"Legal Realism, Legal Revolution," response to Marc DeGirolami, "The Unforgettable Fire: Tradition and the Shape of the Law," Online Library of Law & Liberty, August 19, 2016

"The Polis, the State, and the Constitution," in Giorgi Areshidze, Paul O. Carrese, and Suzanna Sherry, eds., Constitutionalism, Executive Power, and the Spirit of Moderation: Murray P. Dry and the Nexus of Liberal Education and Politics (Albany: SUNY Press, 2016), pp. 223-240

"Who Should Replace Scalia? No one. Here's why Eight is Enough," with Ronald Keith Gaddie, Monkey Cage Blog, Washington Post, February 19, 2016

"Does the Law and the Constitution of the Family Have to Change?," Perspectives on Political Science 45 (2016): 80-86; reprinted in Patrick N. Cain and David Ramsey, eds., American Constitutionalism, Marriage, and the Family: Obergefell v. Hodges and U.S. v. Windsor in Context (Lanham, Md.: Lexington Books, 2016)

"Stoner vs. Munger: Citizen or Consumer? How Do You Choose When You Vote?,"Online Library of Law & Liberty, January 27, 2016

"Magna Carta and Us," Claremont Review of Books, vol. 15, no. 4 (Fall 2015), pp.52-55

"Is the Civil War Long Gone and Far Away?", The Imaginative Conservative, July 6, 2015

"Why We Respect the Dignity of Politics," in James R. Stoner, Jr. and Harold James, eds., The Thriving Society: On the Social Conditions of Human Flourishing(Princeton, NJ: Witherspoon Institute, 2015), pp. 81-96

"Images of the Statesman in Utopia," in Travis Curtright, ed., Thomas More: Why Patron of Statesman?" (Lanham, Md.: Lexington Books, 2015)

"From Magna Carta to the Montgomery March: Common Law and Civil Rights," Faulkner Law Review, vol. 6, no. 1 (Fall 2014), pp. 49-63

Review of Steven D. Smith,The Rise and Decline of American Religious Freedom["Restoring Religious Liberty, Reviving Political Liberty"], Liberty Law Book Reviews/ Online Library of Law & Liberty, July 31, 2014

"The Catholic Moment in the Political Philosophy of Leo Strauss," Voegelin View, July 29, 2014; reply by David Walsh, "A Catholic Strauss," Voegelin View, August 25, 2014

"Is Meritocracy Just?" The Princeton Tory, 30 (5): 15-17 (May 2014)

"Who Are Our Enemies?" The Princeton Tory, 30(4): 12-13 (March 2014)

"Catholicism and the Constitution," in Paul R. DeHart and Carson Holloway, eds., Reason, Revelation and the Civic Order: Political Philosophy and the Claims of Faith (DeKalb, IL: NIU Press, 2014)

"Is There a Moral Basis for the Free Market?" Public Discourse, January 21, 2014

"The Disposition of Common Law: A Reply to Barry Shain and John McGinnis," Liberty Law Blog/Online Library of Law & Liberty, December 3, 2013

"Vindicating Common Law: A Reply to Barry Shain, ‘An Unconvincing Defense,'" Nomocracy in Politics, November 25, 2013

"Rational Compromise: Charles Evans Hughes as a Progressive Originalist," in Joseph Postell and Johnathan O'Neill, eds, Towards an American Conservatism: Constitutional Conservatism in the Progressive Era (New York: Palgrave Macmillan, 2013)

"Locke's Explanation of How the Science of Civil Society Corrects the Natural Authority of Virtue," in Peter Augustine Lawler and Marc Guerra, eds., The Science of Modern Virtue: Descartes, Darwin, and Locke (DeKalb, IL: NIU Press, 2013)

"The Justice of the Market and the Common Good: Justice Sutherland's Debate." In Francis J. Beckwith, Robert P. George, & Susan McWilliams, eds. Second Look at First Things: Case for Conservative Politics: The Hadley Arkes Festschrift. (South Bend, IN: St. Augustine Press, 2013).

"Comment on Ralph Hancock, The Responsibility of Reason: Theory and Practice in a Liberal-Democratic Age." Perspectives on Political Science, 42 (2013): 43-46

"Why You Can't Understand the Constitution Without the Common Law," Liberty Forum/Online Library of Law & Liberty, with responses by John McGinnis and Hadley Arkes, December 2, 2012

Review of John Tomasi, Free Market Fairness ["Rawls Meets Hayek"], in Claremont Review of Books, vol. 12, no. 4 (Fall 2012), pp.61-62

" ‘Our First, Most Cherished Liberty' and the State," Liberty Law Blog/Online Library of Law & Liberty, May 2, 2012

Review of Witherspoon Task Force, Religious Freedom:Why Now? Defending an Embattled Human Right ["Why Religious Freedom?"], Liberty Law Blog/Online Library of Law & Liberty, March 19, 2012.

"Constitutional Auto-Update? A Response to Sanford Levinson," Liberty Law Blog/Online Library of Law and Liberty, March 10, 2012

"Natural Law and Property Rights," with Samuel Gregg, in Samuel Gregg and Harold James, eds., Natural Law, Economics, and the Common Good (Exeter, UK: Imprint Academic, 2012)

"A Brief History of Accountability in Higher Education," with Suzanne Marchand, Phi Kappa Phi Forum 92 (1) (Spring 2012): 16-18

"Defining Judicial Power I: From ‘Merely Judgment' to ‘Force' and ‘Will'"; and "Defining Judicial Power II: American Political Development and Irreversible Change," Liberty Law Blog/Online Library of Law and Liberty, February 20 & 21, 2012

"Judicial Office and the Written Constitution: A Response to Philip Hamburger's ‘Judicial Office and the Liberty Protected by Law," Liberty Forum/Online Library of Law and Liberty, January 6, 2012

Review of Naomi Schaefer Riley, The Faculty Lounges, and Other Reasons Why You Won't Get the College Education You Paid For; Mark Taylor, Crisis on Campus: A Bold Plan for Reforming Our College and Universities; Andrew Hacker and Claudia Dreyfus, Higher Education? How Colleges are Wasting Our Money and Failing Our Kids—and What We Can Do About It; and Richard Arum and Josipa Roska, Academically Adrift: Limited Learning on College Campuses["Redeeming Higher Education"], in Claremont Review of Books, vol. 11, no. 4 (Fall 2011),pp. 64-67

Review of Eric A. Posner and Adrian Vermeule, The Executive Unbound: After the Madisonian Republic ["Popular Constitutionalism 2.0: Executive Edition"], in Tulsa Law Review, vol. 47, no. 1 (Summer 2011), pp. 171-176

"The Declaration of Independence," on the website "Natural Law, Natural Rights, and American Constitutionalism", The Witherspoon Institute, July 1, 2011

"Common Law and the Law of Reason," on the website "Natural Law, Natural Rights, and American Constitutionalism", The Witherspoon Institute, July 1, 2011

Review of Philip Hamburger, Law and Judicial Duty; Douglas Edlin, Judges and Unjust Laws: Common Law Constitutionalism and the Foundations of Judicial Review; and Steve Sheppard, I Do Solemnly Swear: The Moral Obligation of Legal Officials ["Neither Force nor Will"], in Claremont Review of Books, vol. 10, no. 3 (Summer 2010), pp. 60-61

"Freedom, Virtue, and the Politics of Regulating Pornography," in Donna M. Hughes and James R. Stoner, Jr., The Social Costs of Pornography: A Collection of Papers (Princeton, NJ: Witherspoon Institute, 2010), pp. 193-213

"On Markets and Morals: The SEC, Apple, and Internet Pornography," Public Discourse: Ethics, Law and the Common Good , May 18, 2010

"Last Lecture," First Principles: ISI Web Journal, January 14, 2010

"The Timeliness and Timelessness of Magna Carta," First Principles: ISI Web Journal, September 29, 2009

"Who Has Authority over the Constitution of the United States?" in Steven Kautz, Arthur Melzer, Jerry Weinberger, and M. Richard Zinman, eds., The Supreme Court and the Idea of Constitutionalism (Philadelphia: University of Pennsylvania Press, 2009), pp. 95-111, 270-72.

"Guiding Principles for the Healthcare Debate," Public Discourse: Ethics, Law, and the Common Good, August 11, 2009

"Encyclical Forces Catholics out of the Bunker," Zenit: The World Seen from Rome, July 10, 2009

"Natural Law and Economics: Total Strangers or Separated Lovers?," Public Discourse: Ethics, Law, and the Common Good, June 2, 2009

"Politics and Science," Public Discourse: Ethics, Law and the Common Good, March 20, 2009

"Taking a New Look at Pornography," Public Discourse: Ethics, Law and the Common Good, February 9, 2009

"Does Economic Liberty Merit a Public Defense?," Public Discourse: Ethics, Law and the Common Good, January 6, 2009

"Social Conservatives Cannot Ignore Political Realities," Public Discourse: Ethics, Law and the Common Good, December 5, 2008

Review of Keith Whittington, Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History["Our Robed Rulers"], in Claremont Review of Books, vol. 8, no. 3 (Summer 2008), pp. 48-49

"Magnanimity and Martyrdom: The Death and Life of Thomas More," in Carson Holloway, ed., Magnanimity and Statesmanship (Lanham, MD: Lexington Books, 2008), pp. 133-43

"Natural Law, Common Law, and the Constitution," in Douglas E. Edlin, ed., Common Law Theory (Cambridge: Cambridge University Press, 2007), pp. 171-184

Review of Ramesh Ponnuru, The Party of Death: The Democrats, the Media, the Courts, and the Disregard for Human Life, "A Matter of Life and Death", The Claremont Institute (online), posted March 19, 2007

"The Political Science of Constitutional Resistance", PS: Political Science & Politics, 39 (October 2006): 957

"Constitutional Resistance," Claremont Review of Books, vol. VI, no. 3 (Summer 2006), pp. 42-47

"Theology as Knowledge: A Symposium," with responses by Stanley Hauerwas, Paul J. Griffiths, and David B. Hart, First Things, No. 163 (May 2006), pp. 21-27; Stoner's Reply

"The ‘Naked' University: What If Theology is Knowledge, Not Belief?", Theology Today 62 (2006): 515-27

"Is There a Political Philosophy in the Declaration of Independence?" Intercollegiate Review, vol. 40, no. 2 (Fall/Winter 2005), pp. 3-11

"Saving a Great City: Why America Should Rebuild New Orleans" [online title: "Love in the Ruins: New Orleans Is a Great City and America Should Rebuild It"], Weekly Standard, vol. 11, no. 2 (September 26, 2005)

Review of Roy Morris, Jr., Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876 and William H. Rehnquist, Centennial Crisis: The Disputed Election of 1876, ["Counting Every Vote"], in Claremont Review of Books, vol. 5, no. 1 (Winter 2004/05)

"Was Leo Strauss Wrong About John Locke?" with comments by Michael Zuckert and a Response, Review of Politics, vol. 66, no. 4 (Fall 2004), pp. 553-573

Review of Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review ["The People's Court"] in First Things, no. 148 (December 2004)

"Catholic Politics and Religious Liberty in America: The Carrolls of Maryland," in Daniel L. Dreisbach, Mark D. Hall, and Jeffrey H. Morrison, eds., The Founders on God and Government (Lanham, MD: Rowman & Littlefield Publishers, 2004), pp. 251-271

Review of Brian Moynahan, God's Bestseller: William Tyndale, Thomas More, and the Writing of the English Bible – A Story of Martyrdom and Betrayal, ["Bible Battles"], in First Things, April 2004, pp. 37-40

"The New Constitutionalism of Publius," in Bryan-Paul Frost & Jeffrey Sikkenga, eds., History of American Political Thought (Lanham, MD: Lexington Books, 2003), pp. 230-247

Review of Hadley Arkes, Natural Rights and the Right to Choose, ["The Genteel Abolitionist"], in Claremont Review of Books, vol. 3, no. 2 (Spring 2003), pp. 12-14

"Is Tradition Activist? The Common Law of the Family in the Liberal Constitutionalist World," University of Colorado Law Review, vol. 73, No. 4 (Fall 2002), pp. 1291-1306

"States' Rights," in Kermit L. Hall, ed., The Oxford Companion to American Law (New York: Oxford University Press, 2002), pp. 766-767

"The Electoral College and Democracy," in Gary L. Gregg II, ed., Securing Democracy: Why We Have an Electoral College (Wilmington, DE: ISI Books, 2001), pp. 43-54

"Constitutionalism and Civil Disobedience," in Findings: The Wilberforce Forum's Review of Contemporary Culture, Fall 2001, pp. 33-41

"Save the Electoral College 538," The Weekly Standard, vol. 6, no. 13 (December 11, 2000), pp. 17-18

"The Common Law Spirit of the American Revolution," in Mark Blitz & William Kristol, eds., Educating the Prince: Essays in Honor of Harvey Mansfield (Lanham, MD: Rowman & Littlefield Publishers, 2000), pp. 192-204

"Christianity, the Common Law, and the Constitution," in Gary L. Gregg II, ed., Vital Remnants: America's Founding and the Western Tradition (Wilmington, DE: ISI Books, 1999), pp. 175-209

"Property, the Common Law, and John Locke," in David F. Forte, ed., Natural Law and Contemporary Public Policy (Washington: Georgetown University Press, 1998), pp. 193-218

"Heir Apparent: Bushrod Washington and Federal Justice in the Early Republic," in Scott D. Gerber, ed., Seriatim: The Supreme Court Before John Marshall (New York: New York University Press, 1998), pp. 322-349

"The Idiom of Common Law in the Formation of the Judicial Power," in Bradford P. Wilson and Ken Masugi, eds., The Supreme Court and American Constitutionalism (Lanham, MD: Rowman & Littlefield Publishers, 1997), pp. 47-68; also Common-Law Liberty, ch. 1

"Sound Whigs or Honeyed Tories? Jefferson and the Common Law Tradition," in Gary L. McDowell and Sharon L. Noble, eds., Reason and Republicanism: Thomas Jefferson's Legacy of Liberty (Lanham, MD: Rowman & Littlefield Publishers, 1997), pp. 103-117

"Revolution, American," and "Washington, George," in Seymour Martin Lipset, ed., The Encyclopedia of Democracy (Washington, D.C.: Congressional Quarterly Press, 1996), vol. III, pp. 1065-68; vol. IV, pp. 1366-67

"Faithful Professions," in symposium, "‘I Have a Dream': Ideas for Rebuilding American Culture," Policy Review: The Journal of American Citizenship, No. 76 (March/April 1996), pp. 30-31

"Amending the School Prayer Amendment," First Things, No. 53 (May 1995), pp. 16-18

"A Madisonian Compromise: Term Limits for the House, But Not for the Senate," Policy Review (Winter 1995), pp. 54-55

Review of Paul A. Rahe, Republics Ancient and Modern: Classical Republicanism and the American Revolution, in Journal of the Early Republic, vol. 14, no. 4 (Winter 1994), pp. 551-556

"Religious Liberty and Common Law: Free Exercise Exemptions and American Courts," in Polity, vol. 26, no. 1 (Fall 1993), pp. 1-24; also Common-Law Liberty, ch. 3

"Common Law and Constitutionalism in the Abortion Case," in The Review of Politics, vol. 55, no. 3 (Summer, 1993), pp. 421-441; also Common-Law Liberty, ch. 4

"Leo Strauss," and "Carl Friedrich," in American Political Scientists: A Dictionary, ed. Glenn H. Utter and Charles Lockhart (Westport, CT: Greenwood Press, 1993), pp. 293-296, 92-95

"Common Law and Natural Law," in Benchmark, vol. 5, no. 2 (Winter 1993) [Symposium on Natural Law and the Constitution]

Review of Robert F. Nagel, Constitutional Cultures: The Mentality and Consequences of Judicial Review, in The Review of Politics, vol. 53, no. 2 (Spring 1991), pp. 396-400

Review of Michael Lienesch, New Order of the Ages: Time, the Constitution, and the Making of Modern American Political Thought, and Thomas Pangle, The Spirit of Modern Republicanism: The Moral Vision of the American Founders and the Philosophy of Locke, in Publius: The Journal of Federalism, vol. 21, no. 1 (Winter 1991), pp. 168-172

co-author, with Clifford Orwin, "Neo-Constitutionalism? Rawls, Dworkin, and Nozick," in Allan Bloom, ed., Confronting the Constitution (Washington: The AEI Press, 1990), pp. 437-470

Review of John Phillip Reid, The Concept of Liberty in the Age of the American Revolution, in Publius: The Journal of Federalism, vol. 20, no. 2 (Spring 1990), pp. 132-134

Review of Gary B. Herbert, Thomas Hobbes: The Unity of Scientific and Moral Wisdom, in the International Hobbes Association Newsletter, new series, no. 10 (November 1989), pp. 10-12

Review of Steven Shapin and Simon Shaffer, Leviathan and the Air-Pump, in the International Hobbes Association Newsletter, new series, no. 9 (June 1989), pp. 12-16

"Constitutionalism and Judging in The Federalist," in Charles Kesler, ed., Saving the Revolution: The Federalist Papers and the American Founding (New York: The Free Press, 1987), pp. 203-218; also appears as chapter 12 in Common Law and Liberal Theory