William Eskridge Jr.

Books

Interpreting Law: A Primer on How to Read Statutes and the Constitution (Foundation 2016)

Statutes, Regulations, and Interpretation: Legislation and Administration in the Republic of Statutes (West 2014) (co-authored with Abbe R. Gluck and Victoria F. Nourse)

A Republic of Statutes: The New American Constitution  (Yale University Press, 2010)

Gay Marriage: For Better or For Worse? (Oxford, 2006) (co-authored with Darren Spedale)

Equality Practice: Civil Unions and the Future of Gay Rights (Routledge, 2002)

Gaylaw: Challenging the Apartheid of the Closet (Harvard, 1999)

Constitutional Stupidities, Constitutional Tragedies (NYU, 1998) (co-authored and edited with Sanford Levinson)

Sexuality, Gender, and Law (Foundation, 1997; 2d ed. 2004; paper ed. 2005) (co-authored and edited with Nan Hunter)

The Case for Same-Sex Marriage (Free Press, 1996)

Cases and Materials on Constitutional Law: Themes for the Constitution’s Third Century (West, 1993; 2d ed. 1998; 3d ed. 2003) (co-edited with Daniel Farber and Philip Frickey)

Hart and Sacks, The Legal Process: Problems in the Making and Application of Law (Foundation, 1994) (co-authored and edited with Philip Frickey)

Dynamic Statutory Interpretation (Harvard, 1994)

Cases and Materials on Legislation: Statutes and the Creation of Public Policy (West, 1987; 2d ed. 1994; 3d ed. 2001) (co-edited with Philip Frickey and, after 2001, Elizabeth Garrett)

A Dance Along the Precipice: Political and Economic Dimensions of the International Debt Problem (Lexington, 1985) (editor and contributor)
 

(Selected) Articles

“The First Marriage Cases, 1970-74,” in Love Unites Us: Winning the Freedom to Marry in America 21-27 (Kevin M. Cathcart & Leslie J. Gabel-Brett, eds., 2016)

“Law and the Production of Deceit,” in Austin Sarat ed., Law and Lies: Deception and Truth-Telling in the American Legal System 254-312 (2015)

“Original Meaning and Marriage Equality,” 52 Hous. L. Rev. 1067 (2015)

“Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967-2011,” 92 Tex. L. Rev. 1317 (2014) (with Matthew R. Christiansen)

“Backlash Politics: How Constitutional Litigation Has Advanced Marriage Equality in the United States,” 93 B.U.L. Rev. 275 (2013)

“Expanding Chevron’s Domain: A Comparative Institutional Analysis of the Relative Competence of Courts and Agencies to Interpret Statutes,” 2013 Wis. L. Rev. 411

“The New Texualism and Normative Canons,” 113 Colum. L. Rev. 531 (2013) (book review)

“Marriage Equality: An Idea Whose Time Is Coming,” 37 NYU Rev. L. & Soc. Change 245 (2013)

“Nino’s Nightmare: Legal Process Theory  as a Jurisprudence of Toggling Between Facts and Norms,” 57 St. Louis U.L. Rev. 865 (2012)

“Vetogates and American Public Law,” J.L. Econ. & Org. (April 2012), available online at http://jleo.oxfordjournals.org/content/early/2012/04/19/jleo.ews009.abst...

“Family Law Pluralism: A Guided-Choice Regime of Menus, Default Rules, and Override Rules,” 100 Geo. L.J. 1881 (2012)

“Noah’s Curse: How Religion Often Conflates Status, Belief, and Conduct to Resist Antidiscrimination Norms,” 45 Ga. L. Rev. 657 (2011)

“Is Political Powerlessness a Requirement for Heightened Equal Protection Scrutiny?,” 50 Washburn L.J. 1 (2010)

“Chevron as a Canon, Not a Precedent: An Empirical Study of What Motivates Justices in Agency Deference Cases,” 110 Colum. L. Rev. 1727 (2010) (with Connor N. Raso)

“The California Proposition 8 Case: What Is a Constitution For,” 98 Calif. L. Rev. 1235 (2010)

“Sexual and Gender Variation in American Public Law: From Malignant to Tolerable to Benign,” 57 UCAL L. Rev. 1333 (2010) 

Legislative Materials

Senate Office of the Legislative Counsel, Legislative Drafting Manual (1997)