Susan Herman

Liberty, Equality, Fraternity: Reconciling National Values and Human Rights, 18 Queen Mary Human Rights Law Review 1 (2018)

Getting There: On Strategies for Implementing Criminal Justice Reform, 23 Berkeley Journal of Criminal Law 32 (2018)

Our Heroic Constitution?, 43 American Bar Association Journal of Human Rights 26 (2017-2018)

Ab(Ju)dication: How Procedure Defeats Civil Liberties in the "War on Terror", 50 Suffolk University Law Review 79 (2017)

Constitutional Utopianism: An Exercise in Law and Literature, 48 University of the Pacific Law Review 93 (2016)

For Judith S. Kaye, 81 Brooklyn Law Review 1361 (2016)

Portrait of a Judge: Judith S. Kaye, Dichotomies, and State Constitutional Law, 75 Albany Law Review 1977 (2011/2012)

Prison Reform Litigation Acts, 24 Federal Sentencing Reporter 263 (2012)

The Limits of Advocacy: Lawyers for Terrorists/Lawyers for Torturers, Harvard Law & Policy Review (2010)

Federal Criminal Litigation in 20/20 Vision, 13 Lewis & Clark Law Review 461 (2009)

Five Years Later: Law and the Fog of 9/11, Jurist, September 11, 2006

Balancing the Five Hundred Hats: On Being a Legal Educator/Scholar/Activist, 41 Tulsa Law Review 637 (2006)

Patriot Games: Terrorism Law and Executive Power, Jurist (2006)

The USA Patriot Act and the Submajoritarian Fourth Amendment, 41 Harvard Civil Rights-Civil Liberties Law Review 67 (2006)

Collapsing Spheres: Joint Terrorism Task Forces, Federalism, and the War on Terror, 41 Willamette Law Review 941 (2005)

Patriotic Dissent, 45 Washburn Law Review 21 (2005)

Trager Symposium: Our New Federalism? National Authority and Local Autonomy in the War on Terror: Introduction, 69 Brooklyn Law Review 1201 (2004)

Applying Apprendi to the Federal Sentencing Guidelines: You Say You Want a Revolution?, 87 Iowa Law Review 615 (2002)

Splitting the Atom of Marshall’s Wisdom, 16 St. John’s Journal of Legal Commentary 371 (2002)

The Jury in the 21st Century: An Interdisciplinary Conference: Introduction, 66 Brooklyn Law Review 971 (2001) (with L.M. Solan)

Measuring Culpability by Measuring Drugs?: Three Reasons to Re-evaluate the Rockefeller Drug Laws, 63 Albany Law Review 777 (2000)

Autrefois Double Jeopardy, 2 Books-on-Law (June 1999) (reviewing G.C. Thomas III, Double Jeopardy: The History, the Law (NYU Press, 1998))

Slashing and Burning Prisoners’ Rights: Congress and the Supreme Court in Dialogue, 77 Oregon Law Review 1229 (1998)

Commentary [Symposium: Politicians on Judges: Fair Criticism or Intimidation], 72 New York University Law Review 339 (1997)

Reconstructing the Bill of Rights: A Reply to Amar and Marcus's Triple Play on Double Jeopardy, 95 Columbia Law Review 1090 (1995)

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, and the ACLU, 41 UCLA Law Review 609 (1994)

Teaching Law with Sacco, Vanzetti and the Rosenbergs, 9 Focus on Law Studies 6 (1993) (ABA Division for Public Education)

Why the Court Loves Batson: Representation-Reinforcement, Colorblindness, and the Jury, 67 Tulane Law Review 1807 (1993)

Thelma and Louise and Bonnie and Jean: Images of Women as Criminals, 2 Southern California Law Review of Law & Women's Studies 53 (1992)

Procedural Due Process in Guidelines Sentencing, 4 Federal Sentencing Reporter 295 (1992)

The Tail that Wagged the Dog: Bifurcated Factfinding Under the Federal Sentencing Guidelines and the Limits of Due Process, 66 Southern California Law Review 289 (1992)

Why Parity Matters, 71 Boston University Law Review 651 (1991)

Beyond Parity: Section 1983 and the State Courts, 54 Brooklyn Law Review 1057 (1989) reprinted in part in A Section 1983 Civil Rights Anthology (S. Nahmod, ed. Lexis, 1993)

How to Argue, Defend and Decide State Constitutional Law Claims, 14 Search and Seizure Law Report 169 (Dec. 1987)

The Insanity Defense in Fact and Fiction: A Review Essay of Norval Morris's Madness and the Criminal Law, 1985 American Bar Foundation Research Journal 385 (1985)

The New Liberty: The Procedural Due Process Rights of Prisoners and Others under the Burger Court, 59 New York University Law Review 482 (1984)

Institutional Litigation in the Post-Chapman World, 12 New York University Review of Law and Social Change 299 (1983-1984)

Pro Se Litigation -- Litigating Without Counsel: Faretta or For Worse, 42 Brooklyn Law Review 629 (1976) (with I. Robbins) (reprinted in Prisoners' Rights Sourcebook (Clark Boardman, 1980))

On Privacy: Constitutional Protection for Personal Liberty, 48 New York University Law Review 670 (1973) (with L. Simonson)

Advanced Introduction to U.S. Civil Liberties (2023)

Taking Liberties: The War on Terror and the Erosion of American Democracy (Oxford 2011) expanded paperback edition (2014), winner of the ITT Chicago-Kent/Roy C. Palmer Prize

Terrorism, Government, and Law: National Authority and Local Autonomy in the War on Terror (Praeger, 2008) (with P. Finkelman)

The Right to a Speedy and Public Trial: A Reference Guide to the United States Constitution  (Praeger, 2006)

Embattled Paradigms: The “War on Terror” and the Criminal Justice System, in The Constitution and the Future of Criminal Justice in America (John Parry & Song Richardson, eds.) (Cambridge University Press 2013)

The Balance of Evils: Evil, Law and State Surveillance, in Rights, Citizenship and Torture: Perspectives on Evil, Law and the State (J. Parry and W. Zeydanlioglu, eds., Inter-Disciplinary Press 2009)

American Federalism and the American Civil Liberties Union (with N. Dorsen), in Why the Local Matters: Federalism, Localism, and Public Interest Advocacy (Yale Law School, 2009)

Philadelphia: Law in the City of Brotherly Love, in Screening Justice - The Cinema of Law: Significant Films of Law, Order and Social Justice (R. Strickland, T.E. Foster, & T. Lovell Banks, eds.) (W.S. Hein 2006)

Reading Between the Lines: Judicial Protection for Socioeconomic Rights Under the South African and United States Constitutions, in Law and Rights: Global Perspectives on Constitutionalism and Governance (P. Andrews & S. Bazilli eds., Vandeplas Publishing, 2006)

Crime Control and Civil Liberties, in Criminology: A Contemporary Handbook (Wadsworth Publishing Co., 1995)

Rosika Schwimmer, Woman Without A Country, ACLU 100 series, (Nov. 20, 2020)

Biographical Introduction to Judith S. Kaye in Her Own Words (Henry Greenberg, Luisa Kay, Marilyn Marcus, & Albert Rosenblatt eds., 2019)

Crystal Eastman, the ACLU’s Underappreciated Founding Mother, ACLU 100 series (July 12, 2019)

TV Interview, OPEN MIND, WNET, recorded July 29, 2014 (aired Sept. 13, 2014)

Brief of the American Civil Liberties Union, The American Civil Liberties Union of Northern California, the American Civil Liberties Union of Southern California, and the American Civil Liberties Union of San Diego and Imperial Counties as Amici Curiae in support of the Petitioner (Riley v. California)

Tavis Smiley Show (PBS Oct. 2011)

ACLU President Discusses New Book, Counterterrorism Tactics (Inside City Hall, NY1 interview; Sept. 2011)

After Words, Interview with Viet Dinh (C-SPAN Sept. 28, 2011)

Os Desafios do Crime Cibernético, Revista Eletronica de Direitos Humanos e Política Criminal (Mar. 5, 2011)

Yasser Hamdi and the Fourth Circuit’s Legal No-Man’s Land, Jurist (Jan. 13, 2003)

Brief of the American Civil Liberties Union as Amicus Curiae in Support of Respondent (Chavez v. Martinez) (2003)

The USA Patriot Act and the US Department of Justice: Losing Our Balances?, Jurist (Dec. 3, 2001) (reprinted in 9-11 and Beyond (Kendall Hunt Publishing, 2003)

Brief Amicus Curiae of the American Civil Liberties Union, the ACLU of Texas, the Mexican-American Legal Defense and Educational Fund, and the National Police Accountability Project of the National Lawyers Guild, in support of Petitioners (Atwater vs. City of Lago Vista), (2000)

Prisoners' Rights and Habeas Corpus: The Fourth Conference (Eastern District Civil Litigation Fund Training Materials, 1984)

ACLU, Heritage Foundation agree: Reform forfeiture laws, (Civil Asset Forfeiture Op-Ed) The Des Moines Register, (September 9, 2015) (with John Malcolm)

Op-Ed: Roberts’ Pitch More Like a Curve Ball, Newsday (Sept. 16, 2005) at A57

Checking Our Balances, American Lawyer (July 1, 2003)

Prisons Aren’t for Young Offenders, Newsday (July 8, 1997) at A29

Double Trials Mean Double Jeopardy, Newsday (Feb. 13, 1997) at 59

Clinton Takes Liberties with the Constitution, Newsday (Aug. 4, 1996) at 46

No, the Courts are Not Out of Control, Newsday (Feb. 9, 1996) at 43

Come Out With Your Rights Up, Newsday (Apr. 20, 1994) at 36

Justice Sees Through a Glass, Darkly, Newsday (May 4, 1992) at 37

The Fight for Control of Rape's Meaning, Newsday (Feb. 16, 1992) at 50

Let 12 Angry People Decide, Newsday, (Nov. 22, 1991) at 50

Book Review, New York Law Journal (Apr. 26, 1991) at 2, col. 3 (reviewing A. Corman, Prized Possessions)

Defense on the Cheap, Newsday (July 31, 1990) at 46

The Facts and the Jury's Nose, Newsday (May 22, 1990) at 50

Do Women Hold the Scales, Newsday (Jan. 31, 1990) at 58

Should Culture be a Defense?, Newsday (Apr. 20, 1989) at 80

A New Sentencing Law Handcuffs U.S. Judges, Newsday (Feb. 13, 1989) at 51

Let's Go to the Videotape, Newsday (Nov. 14, 1988) at 51

As Guilty as He Says He Is, Newsday (Mar. 29, 1988) at 56

Stark Images in Black and White, Newsday (Oct. 27, 1987) at 70

Safeguards Against Illegal Searches are Eroding, Newsday (June 11, 1987) at 87

Frayed Justice: Buy Cheap, Get Cheap, Newsday (Aug. 12, 1986) at 53

National Seminar for Federal Defenders (Kansas City), “Supreme Court and Other Significant Cases Update,” May 31, 2018 (with Erwin Chemerinsky and Paul Rashkind)

William & Mary Law School Symposium on Speech, Protest, and the Role of State Actors, “Can Racial Justice and Hate Speech Coexist?” (with Alexander Tsesis) (Feb. 2, 2018)

Wikidemocracy: How We Can Save Free Speech, Privacy, and Democratic Values, Wikimania Conference Montreal, August 11, 2017

Panelist, “Freedom of the Press vs. Fighting Terror Effectively,” Jerusalem Press Club Conference, May 2015 (with Steve Linde, Dr. Ely Karmon and David Witzhum)

Keynote Speaker, “On Balancing Liberty and National Security,” Annual Meeting of the German Association for American Studies, May 18, 2016

Keynote Speaker, “Electing Liberty,” International Students for Liberty Conference, February 28, 2016

Debate on the balance between individual rights and the common good as applied to the war on terror, (with Amitai Etzioni), George Washington University Communitarian Policy Studies

Three Decades After 1984: Why Does Privacy Matter?, Speaker, 2014 Appellate Judges Education Institute Summit, Dallas, TX

The ACLU and Times of War, Keynote Speaker, Princeton University Woodrow Wilson School of Public & International Affairs Civil Liberties in Times of War Conference

Resolved: America is not at War with Terror, Speaker, Yale Political Union Debate, New Haven, CT

Gideon’s Muted Trumpet: The Supreme Court, the Criminal Justice System, and the Quest for Equality, Florida Criminal Defense Attorneys Seminar, Fiftieth Anniversary of Gideon v. Wainwright Program

Wallenberg Lecture, McGill Law School, Montreal, Canada (Mar. 2012)

Ab(ju)dication: The War on Terror, Civil Liberties, and the Courts, Keynote Speaker, Civil Rights Conference on Barriers and Innovations in Civil Rights Litigation Since 9/11: Practical and Theoretical Perspectives,  University of Texas School of Law, Austin, TX

Speaker, 26th Annual Jefferson B. Fordham Debate, University of Utah S.J. Quinney College of Law on the Patriot Act (Feb. 6, 2010)

Featured Speaker, Maine Civil Liberties Union Annual Scolnik Dinner (May 5, 2009)

We Focus on Principles, Not Partisanship, Stand, Summer, 2018, at 10

People v. Gillette and Theodore Dreiser’s An American Tragedy, 11 Judicial Notice 22 (2016)