David M. Rabban

David M. Rabban: Publications

• book

  Academic Freedom: From Professional Norm to First Amendment Right

  Authors:

  August 2024 Forthcoming

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• review

  Review Essay of Gordon, Taming the Past: Essays on Law in History and History in Law

  Law and History Review

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  2018

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• article

  The Diversity of the Common Law Tradition

  Stanford Law Review

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  2018

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• article

  The State of Free Speech Doctrine in 1917

  Arizona State L.J.

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  2018

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• contribution

  Hammond’s Blackstone and the Historical School of American Jurisprudence

  Blackstone and His Critics

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  2018

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• article

  The Regrettable Underenforcement of Incompetence as Cause to Dismiss Tenured Faculty

  Indiana Law Journal

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  2015

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• contribution

  Professors Beware: The Evolving Threat of Institutional Academic Freedom

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  2014

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• article

  American Responses to German Legal Scholarship: From the Civil War to World War I

  Comparative Legal History

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  2013

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• contribution

  Methodology in Legal History: From the History of Free Speech to the Role of History in Transatlantic Legal Thought

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  2012

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• book

  Law’s History: American Legal Thought and the Transatlantic Turn to History

  Cambridge University Press

  Authors:

  2012

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  View on the Web

• article

  Melville M. Bigelow: Boston University's Neglected Pioneer of Historical Legal Scholarship in America

  Boston University Law Review

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  2011

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  View on the Web

• article

  From Maine to Maitland via America

  The Cambridge Law Journal

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  2009

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• contribution

  Bad Tendency Test, and Clear and Present Danger Test

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  2005

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• article

  Presentation by David Rabban

  Rutgers Law Journal

  Authors:

  2005

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• article

  The Historiography of the Common Law

  Law & Social Inquiry

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  2003

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• article

  The Historiography of Late Nineteenth-Century American Legal History

  Theoretical Inquiries in Law

  Authors:

  2003

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  View on the Web

• article

  Gerald Gunther: Generous Mentor [Tribute to Professor Gerald Gunther]

  Stanford Law Review

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  2002

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• article

  Academic Freedom, Individual or Institutional?

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  November 1, 2001

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• contribution

  Academic Freedom

  Encyclopedia of the American Constitution

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  2000

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• article

  Free Speech: The Lost Years

  Journal of Supreme Court History

  Authors:

  2000

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• contribution

  Roe, Gilbert Ernstein, and Schroeder, Theodore

  American National Biography

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  1999

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• review

  Campus Hate Speech on Trial, by Timothy C. Shiell

  Journal of American History

  Authors:

  1999

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• review

  Can Academic Freedom Survive Postmodernism?

  California Law Review

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  1998

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• book

  Free Speech in Its Forgotten Years

  Cambridge, U.K.: Cambridge University Press

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  1997

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• article

  Free Speech in Progressive Social Thought

  Texas Law Review

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  1996

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• article

  Aliens and Dissenters, by William Preston

  Labor History

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  1996

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• review

  Learned Hand, by Gerald Gunther

  Journal of American History

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  1995

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• article

  The IWW Free Speech Fights and Popular Conceptions of Free Expression Before World War I

  Virginia Law Review

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  1994

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• contribution

  Arbitration of Disputes Over Professional Standards

  Arbitration 1994: Controversies and Continuity

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  1994

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• contribution

  Academic Freedom, Professionalism, and Intramural Speech

  Academic Freedom: An Everyday Concern

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  1994

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• article

  Does Professional Education Constrain Academic Freedom?

  Journal of Legal Education

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  1993

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• contribution

  A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment

  Freedom and Tenure in the Academy

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  1993

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• review

  Make No Law, by Anthony Lewis

  Journal of American History

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  1992

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• article

  The Free Speech League, the ACLU, and Changing Conceptions of Free Speech in American History

  Stanford Law Review

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  1992

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• contribution

  Bad Tendency Test, and Clear and Present Danger

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  1992

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• article

  Is Unionization Compatible With Professionalism?

  Industrial & Labor Relations Review

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  1991

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• article

  Can American Labor Law Accommodate Collective Bargaining by Professional Employees?

  Yale Law Review

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  1990

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• article

  A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment

  Law & Contemporary Problems

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  1990

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• contribution

  The Original Meaning of Free Speech of the First Amendment

  The United States Constitution: the First 200 Years

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  1989

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• article

  Distinguishing Excluded Managers From Covered Professionals Under the NLRA

  Columbia Law Review

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  1989

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• article

  Does Academic Freedom Limit Faculty Autonomy?

  Texas Law Review

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  1988

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• review

  Academic Unionism in British Universities, by Archie Kleingartner & Evelyn Hunt

  Industrial & Labor Relations Review

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  1988

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• review

  The State and the Unions: Labor Relations, Law and the Organized Labor Movement in America, 1860-1960, by Christopher Tomlins

  University of Chicago Law Review

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  1987

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• contribution

  Academic Freedom and the Constitution

  Encyclopedia of the American Constitution

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  1986

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• article

  The Ahistorical Historian: Leonard Levy on Freedom of Expression in Early American History

  Stanford Law Review

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  1985

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• review

  Values and Assumptions in American Labor Law, by James B. Atleson

  Columbia Law Review

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  1984

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• article

  The Emergence of Modern First Amendment Doctrine

  University of Chicago Law Review

  Authors:

  1983

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• article

  The First Amendment in Its Forgotten Years

  Yale Law Journal

  Authors:

  1981

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• article

  Note, Judicial Review of the University-Student Relationship: Expulsion and Governance

  Stanford Law Review

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  1973

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