Co-editor, Law and Literature series, Oxford University Press
Editorial Board, Law and Literature (Taylor & Francis)
President, Association for the Study of Law, Culture, and Humanities
Contact Information
University of Toronto Faculty of Law
78 Queen's Park
Toronto, Ontario M5S 2C5
416-978-0293
Publications
Forthcoming
"Blackstone’s Page and Trollope’s Jurisprudence: From Doctrine to Fiction," in A History of Punctuation in English Literature, ed. Elizabeth M. Bonapfel, Mark Faulkner, Jeffrey Gutierrez, and John Lennard (Cambridge UP, 2027)
“Victims of Circumstantial Evidence: Murder, Proof, and Wrongful Convictions in Nineteenth-Century Crime Fiction,” in Research Handbook on Law and Popular Culture, ed. Penny Crofts and Honni van Rijswijk (Elgar, 2027)
“Crime and Punishment,” in The Oxford Handbook of Henry Fielding, ed. Thomas Keymer and Henry Power (Oxford UP, 2027)
2026
“Reading and Writing Race in Law and Literature,” European Journal of English Studies 30 (2026), 171-77 (EJES)
Greta Olson and Simon Stern, eds., Law, Narrative, Narratology: Interdisciplinary Essays (NYU Press, 2026) (NYU Press)
- “Doing the Law in Different Voices,” in id., 1-24
- “The Reasonable Person as a Narrative Device,” in id., 81-99
"Law at the Movies: Turning Legal Doctrine into Art: A Roundtable Discussion with Stanley Fish, Julie Stone Peters, and Peter Goodrich," Texas Studies in Literature and Language 68 (2026), 97-119 (TSLL)
“Performing for the Audience,” in Anna Jayne Kimmel, Bernadette Meyler, and Peter Goodrich, eds., Performing Law (Cambridge UP, 2026), 146-64
2025
The Elgar Concise Encyclopedia of Law and Literature (co-edited with Robert Spoo) (Elgar, 2025) (Elgar)
“Personable Reasons, Reasonable Persons, and Legal Fictions,” Representations 172 (Fall 2025), 19-34 ( UC Press) (SSRN)
“Mansfield, Burrow, and the Reformulation of the Legal Decision” in Melissa Ganz, ed., British Law and Literature in the Long Eighteenth Century (Cambridge UP, 2025), 125-46 (Cambridge UP) (SSRN)
“Crime and Literature, Narrative and Doctrine,” Modern Criminal Law Review 1 (2025), 160-68 (MCLR)
“Nothing But the Fictions,” Law and Literature 36 (2025), 677-89
“The Legal Treatise and the Human Figure” in New Perspectives on the Legal Treatise: Proceedings of the Second Yale Legal Information Symposium, ed. Nicholas Mignanelli and Femi Cadmus (Buffalo: Hein, 2025), 141-54
2024
“Law, Literature, and The Legal Imagination,” 35 Yale Journal of Law & Humanities (2024), 211-24
"Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule," Law, Culture & Humanities 20 (2024), 291-305
“The Medical Model and Early Gay and Lesbian Writing,” in Benjamin Kahan, ed., The Cambridge History of Queer American Literature (Cambridge UP, 2024), 753-69
“From Clapham to Salina: Locating the Reasonable Man,” Law and Literature 36 (2024), 391-417
2023
"Cognitive Legal Humanities: An Introduction" (with Maksymilian Del Mar), introduction to special issue of Critical Analysis of Law 10:1 (2023), 1-10
2022
(trans.), Anna Arzoumanov, "Free Indirect Discourse in Court: An Overview of Contemporary Jurisprudence in French Press Law," Law and Literature 36 (2024), 143-62
2021
“The Scope of Artistic Copyright in Nineteenth-Century England," in Marie-Stéphanie Delamaire and Will Slauter, eds., Circulation and Control: Artistic Culture and Intellectual Property in the Nineteenth Century (Cambridge: OpenBook Publishers, 2021), 119-44
"Plea Bargaining in the Shadow of Narrative," nonsite 34 (2021)
"Proximate Causation in Legal Historiography," History & Theory 60 (2021): 453-65
"Biographical Evidence and the Law of Presumptions," J19: The Journal of Nineteenth-Century Americanists 9 (2021): 83-89
"Curiosity and Legal Affect in Fulbecke’s A Direction or Preparative to the Study of the Law," in Susan Bandes, Kathryn Temple, Jody Madeira, and Emily Kidd White, eds., Research Handbook on Law and Emotion (Elgar, 2021), 407-20
2020
The Oxford Handbook of Law and Humanities (OUP, 2020) (ed. Simon Stern, Maksymilian Del Mar, and Bernadette Meyler)
"Legal Fictions and Legal Fabrication," in Hans Lind, ed., Fictional Discourse and the Law (Routledge, 2020), 191-99
"The Legal Imagination in Historical Perspective," in Amalia Amaya and Maksymilian Del Mar, eds., Virtue, Emotion, and Imagination in Law and Legal Reasoning (Hart, 2020), 217-34
2019
"Factuality, Evidence and Truth in Factual Narratives in the Law," in Narrative Factuality: A Handbook, ed. Monika Fludernik and Marie-Laure Ryan (de Gruyter, 2019), 391-400
"Fanny Hill and the "Laws of Decency": Investigating Obscenity in Eighteenth-Century England," Eighteenth-Century Life 43 (2019): 162-87
"Copyright as a Property Right? Authorial Perspectives in Eighteenth-Century England," 8 U.C. Irvine L. Rev. 461 (2019)
2018
Editor & intro., special issue: "Literary Analysis of Law," 5:2 Critical Analysis of Law (2018); "Introduction: Literary Analysis of Law: Reorienting the Connections Between Law and Literature"
"Literary Analysis of Law," in The Oxford Handbook of Legal History, ed. Markus D. Dubber and Christopher Tomlins (Oxford University Press, 2018), 63-78
"Textual Privacy and Mobile Information," 55 Osgoode Hall J.L. 398 (2018)
"Introduction: Artificial Intelligence, Technology, and the Law," 68:supp. University of Toronto L.J. 1 (2018)
"Narrative in the Legal Text: Judicial Opinions and Their Narratives," in Narrative and Metaphor in the Law, ed. Michael Hanne & Robert Weisberg (Cambridge University Press, 2018), 121-39
2017
Co-Editor (with Nan Goodman), The Routledge Research Companion to Law and Humanities in Nineteenth-Century America (Routledge, 2017)
"Wilde's Obscenity Effect: Influence and Immorality in The Picture of Dorian Gray," Review of English Studies 68 (2017), 756-72
"The Law," in Samuel Richardson in Context, ed. Peter Sabor and Betty Schellenberg (Cambridge University Press, 2017), 231-38
“Narratives of Criminal Procedure from Doyle to Chandler to Burke,” 51 New England Law Review 249
"Legal and Literary Fictions," in New Directions in Law and Literature, ed. Bernadette Meyler & Elizabeth Anker (Oxford University Press, 2017), 313-26
"Margins of Authority: Coke's Institutes and the Epistemology of the String Cite," Law and Humanities 11(1) (2017), 121-36
"A Trust Approach for Sharing Research Reagents" (with Aled Edwards et al.), Science Translational Medicine 9 (392); DOI:10.1126/scitranslmed.aai9055
"R. v. Jones (1703): The Origins of the Reasonable Person," in Philip Handler, Henry Mares, & Ian Williams, eds., Landmark Cases in Criminal Law (Hart, 2017), 59-79
2016
Ed. & Intro., William Blackstone, Commentaries on the Laws of England, Book II: Of the Rights of Things (The Oxford Edition of Blackstone, Oxford University Press, 2016)
2015
"Satirical Authorship and Literary Commerce," in Alessa Johns, ed., Reflections on Sentiment: Essays in Honor of George Starr (University of Delaware Press, 2015), 167-84
"Forensic Oratory and the Jury Trial in Nineteenth-Century America," 3 Comparative Legal History 292 (2015)
"Effect and Technique in Legal Aesthetics," 2 Critical Analysis of Law 496 (2015)
"Creating a Public Domain in Eighteenth-Century England," Oxford Handbooks Online in Literature (2015) (on oxfordhandbooks.com; requires inst'l subscription)
"Blackstone’s Legal Actors: The Passions of a Rational Jurist," in Nancy Johnson, ed., Impassioned Jurisprudence: Law, Literature and Emotion, 1760-1848 (Rowman & Littlefield, 2015), 1-19
"Legal Fictions and Exclusionary Rules," in Legal Fictions in Theory and Practice, ed. Maksymilian Del Mar & William Twining (Springer, 2015), 157-74
Special Issue, "New Historical Jurisprudence & Historical Analysis of Law," co-edited with Markus Dubber, 2:1 Critical Analysis of Law (2015)
2014
"William Blackstone: Courtroom Dramatist?" in Wilfrid Prest, ed., Re-Interpreting Blackstone's Commentaries (Hart, 2014), 21-29
"Law and Literature," in Markus D. Dubber and Tatjana Hörnle, eds., The Oxford Handbook of Criminal Law (OUP, 2014), 111-30
"Blackstone's Criminal Law: Common-Law Harmonization and Legislative Reform," in Markus D. Dubber, ed., Foundational Texts in Modern Criminal Law (OUP, 2014), 61-78
Special Issue, "Critical Analysis of Law and the New Interdisciplinarity," co-edited with Markus Dubber, 1:1 Critical Analysis of Law (2014)
2013
"The Critical Work of Law and Literature," (with Cheryl Suzack & Greig Henderson), introduction to University of Toronto Quarterly 82:4 (Fall 2013), special issue on Law & Literature
Special Issue, "Law and Literature," co-edited with Greig Henderson and Cheryl Suzack, 82:4 University of Toronto Quarterly (Fall 2013)
"The Third-Party Doctrine and the Third Person," 16 New Crim. L. Rev. 364 (2013)
"Copyright Originality and Judicial Originality," 63 U. of Toronto L.J. 385 (2013)
Symposium, "Corporate Personhood and Criminal Liability," co-edited with Markus Dubber, 16 New Criminal Law Review (Spring 2013)
2012
“Speech and Property in David Simple,” 79 English Liteeary History79 (2012): 623-54
“'Room for One More': The Metaphorics of Physical Space in the Eighteenth-Century Copyright Debate,” Law and Literature 24 (2012): 113-54
“From Author's Right to Property Right," 62 U. Toronto L.J. 29 (2012)
2011
“Detecting Doctrines: The Case Method and the Detective Story,” 23 Yale J.L. & Human. 339 (2011)
“Legal Remedies for Medical Ghostwriting: Imposing Fraud Liability for Ghostwritten Articles” (with Trudo Lemmens) 8(8) PLoS Med. 1 (2011)
“Literary Evidence and Legal Aesthetics” in Austin Sarat, Cathrine Frank, & Matthew Anderson, eds., Teaching Law and Literature 244 (MLA Options for Teaching series) (Modern Language Association, 2011)
“Sentimental Frauds,” 36 Law & Soc. Inquiry 83 (2011)
Edited Books
Co-Editor (with Maksymilian Del Mar & Bernadette Meyler), The Oxford Handbook of Law and Humanities (OUP, 2019)
Co-Editor (with Nan Goodman), The Routledge Research Companion to Law and Humanities in Nineteenth-Century America (Routledge, 2017)
Editor, William Blackstone, Commentaries on the Laws of England, Book II: Of the Rights of Things (The Oxford Edition of Blackstone, Oxford University Press, 2016)
Co-editor (with Catherine Gallagher), Aphra Behn, Oroonoko: A Bedford Cultural Edition (Bedford Books 2000)
Co-editor (with John Bender), Henry Fielding, Tom Jones (Oxford University Press, World's Classics series, 1996/2008)
Chas. L'Epine, The Devil in a Domino (Valancourt Books, 2017)
Dennis Parry, Sea of Glass (Valancourt Books, 2015)
C.H.B. Kitchin, Ten Pollitt Place (Valancourt Books, 2013)
2010 & Earlier
“Picturing Same-Sex Marriage in the Antebellum United States: The Union of 'Two Most Excellent Men' in Longstreet's 'A Sage Conversation'” (with Timothy Stewart-Winter), 19 J. Hist. Sexuality 197 (2010)
“The Case and the Exceptions: Creating Instrumental Texts in Law and Literature” in Pat Rogers & Laura Runge, eds., Producing the Eighteenth-Century Book: Writers and Publishers in England, 1650-1800 95 (University of Delaware Press, 2009)
“Copyright, Originality, and the Public Domain in Eighteenth-Century England” in Reginald McGinnis, ed. Originality and Intellectual Property in the French and English Enlightenment 69 (Routledge, 2008) (on Google Books)
John Vile et al., eds., The Encyclopedia of the First Amendment (Washington, DC: CQ Press, 2008) (Entries on: Thomas Bowdler, The Catcher in the Rye, Fanny Hill, Manual Enterprises v. Day, Memoirs v. Massachusetts, and Ulysses)
“Constructive Knowledge, Probable Cause, and Administrative Decision-Making” 82 Notre Dame L. Rev. 1085 (2007)
“Catastrophic Threats and the Fourth Amendment” (with Judge Ronald M. Gould), 77 So. Cal. L. Rev. 777 (2004)
“Between Local Knowledge and National Politics: Debating Rationales for Jury Nullification after Bushell's Case,” 111 Yale L.J. 1815 (2002)
“Tom Jones and the Economies of Copyright.” 9 Eighteenth-Century Fiction 429 (1997)