Frederick Schauer

Frederick Schauer's AcademicInfluence.com Rankings

Frederick Schauer

Law

#246

World Rank

#361

Historical Rank

#157

USA Rank

International Law

#367

World Rank

#472

Historical Rank

#165

USA Rank

law Degrees

Frederick Schauer

Philosophy

#2445

World Rank

#4179

Historical Rank

#868

USA Rank

Logic

#1396

World Rank

#2140

Historical Rank

#419

USA Rank

philosophy Degrees

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Law
Philosophy

Why Is Frederick Schauer Influential?

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According to Wikipedia, Frederick Schauer is an American legal scholar who serves as David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. He is also the Frank Stanton Professor emeritus of the First Amendment at Harvard University's Kennedy School of Government. He is well known for his work on American constitutional law, especially free speech, and on legal reasoning, especially the nature and value of legal formalism.

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Frederick Schauer's Published Works

Number of citations in a given year to any of this author's works

Total number of citations to an author for the works they published in a given year. This highlights publication of the most important work(s) by the author

Published Works

Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (1991) (203)
Profiles, Probabilities, and Stereotypes (2006) (186)
Thinking Like a Lawyer: A New Introduction to Legal Reasoning (2009) (149)
Free Speech: A Philosophical Enquiry (1982) (149)
Fear, Risk and the First Amendment: Unraveling the Chilling Effect (1978) (89)
On Extrajudicial Constitutional Interpretation (1997) (79)
Do Cases Make Bad Law? (2005) (61)
The Force of Law (2015) (56)
The Boundaries of the First Amendment: A Preliminary Exploration of Constitutional Salience (2003) (54)
A Critical Guide to Vehicles in the Park (2008) (53)
The Politics and Incentives of Legal Transplantation (2000) (50)
Neuroscience, lie-detection, and the law Contrary to the prevailing view, the suitability of brain-based lie-detection for courtroom or forensic use should be determined according to legal and not scientific standards (2010) (46)
The Limited Domain of the Law (2004) (44)
The Social Construction of the Concept of Law: A Reply to Julie Dickson (2005) (42)
The Exceptional First Amendment (2005) (41)
Why Precedent in Law (and Elsewhere) is Not Totally (or Even Substantially) About Analogy (2007) (39)
Was Austin Right after All? On the Role of Sanctions in a Theory of Law (2010) (38)
Authority and Authorities (2008) (37)
Legal Realism Untamed (2012) (36)
Judicial Supremacy and the Modest Constitution (2004) (33)
On the Degree of Confidence for Adverse Decisions (1996) (29)
Is the Common Law Law (1989) (29)
Towards an Institutional First Amendment (2005) (28)
On the Supposed Jury-Dependence of Evidence Law (2006) (27)
Categories and the First Amendment: A Play in Three Acts (1981) (25)
Nonlegal Information and the Delegalization of Law (2000) (22)
Law's Limited Domain Confronts Morality's Universal Empire (2006) (21)
The Phenomenology of Speech and Harm (1993) (21)
Statutory Construction and the Coordinating Function of Plain Meaning (1990) (21)
Legal Positivism as Legal Information (1997) (21)
European and US Constitutionalism: Freedom of expression adjudication in Europe and the United States: a case study in comparative constitutional architecture (2005) (20)
The Theory of Rules (2011) (20)
Defending Judicial Supremacy: A Reply (2000) (20)
Philosophy of Law: Classic and Contemporary Readings with Commentary (1995) (19)
Uncoupling Free Speech (1992) (18)
First Amendment Opportunism (2000) (18)
Fuller's internal point of view (1994) (18)
Can bad science be good evidence? Neuroscience, lie detection, and beyond. (2010) (18)
Legal Fictions Revisited (2011) (17)
Positivism as Pariah (1999) (17)
Speech and Speech - Obscenity and Obscenity: An Exercise in the Interpretation of Constitutional Language (1979) (17)
The Court's Agenda and the Nation's (2006) (16)
Balancing, Subsumption and the Constraining Role of Legal Text (2010) (16)
On the Nature of the Nature of Law (2011) (15)
On Open Texture of Law (2011) (15)
UNCERTAINTY , CHAOS , AND THE TORTS PROCESS : AN ECONOMIC ANALYSIS OF LEGAL FORM (2012) (15)
Must Speech be Special (1983) (15)
Community, Citizenship, and the Search for National Identity (1986) (14)
Principles, Institutions, and the First Amendment (1998) (14)
On The Supposed Defeasibility of Legal Rules (1998) (14)
Paltering (2007) (13)
Can Public Figures Have Private Lives?* (2000) (13)
Giving Reasons (13)
THE POLITICAL RISKS (IF ANY) OF BREAKING THE LAW (2012) (13)
Opinions as Rules (1986) (13)
Seven. Amending the Presuppositions of a Constitution (1995) (12)
Social Epistemology, Holocaust Denial, and the Post-Millian Calculus (2009) (12)
Necessity, Importance, and the Nature of Law (2010) (12)
The Reasons for Rules (1993) (12)
Is There a Psychology of Judging? (2007) (12)
Causation Theory and the Causes of Sexual Violence (1987) (11)
On the Open Texture of Law (2011) (11)
Is Defeasibility an Essential Property of Law (2008) (11)
Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance (2008) (11)
Can Bad Science Be Good Evidence: Lie Detection, Neuroscience, and the Mistaken Conflation of Legal and Scientific Norms (2009) (11)
Free Speech on Tuesdays (2015) (10)
Commensurability and Its Constitutional Consequences (1994) (10)
An Essay on Constitutional Language (1982) (10)
Internet Privacy and the Public-Private Distinction (1998) (10)
Judicial Review of the Devices of Democracy (1994) (10)
The best laid plans? (2011) (10)
The Role of the People in First Amendment Theory (1986) (10)
The Jurisprudence of Reasons (1987) (10)
Rules, the Rule of Law, and the Constitution. (1989) (9)
On the Relationship between Chapters One and Two of John Stuart Mill’s on Liberty (2011) (9)
Can Rights be Abused (1981) (9)
PREDICTION AND PARTICULARITY (9)
Expression and Its Consequences (2007) (9)
The Nature of Customary Law: Pitfalls in the interpretation of customary law (2007) (8)
Rights and the Right to Know (1983) (8)
GENERALITY AND EQUALITY (1997) (8)
Codifying the First Amendment: New York v. Ferber (1982) (8)
TESTING THE MARKETPLACE OF IDEAS (2015) (8)
The Ubiquity of Prevention (2012) (7)
Has Precedent Ever Really Mattered in the Supreme Court (2007) (7)
Discourse and Its Discontents (1999) (7)
Abandoning the Guidance Function: Morse v Frederick (2007) (7)
Positivism Before Hart (2011) (7)
Analogy, Expertise, and Experience (2017) (7)
Law and language (1993) (6)
Reflections on the Value of Truth (1991) (6)
The Second-Best First Amendment (1989) (6)
In Defense of Rule-Based Evidence Law–and Epistemology Too1 (2008) (6)
Harm(s) and the First Amendment (2012) (6)
Electoral Exceptionalism and the First Amendment (1999) (6)
The Dilemma of Ignorance: Pga Tour, Inc. V. Casey Martin (2002) (6)
Institutions and the Concept of Law: A Reply to Ronald Dworkin (with Some Help from Neil Maccormick) (2009) (6)
Formalism: Legal, Constitutional, Judicial (2008) (6)
Free speech and the social construction of privacy (2001) (6)
The Speech-Ing of Sexual Harassment (2000) (6)
On the Distinction between Speech and Action (2014) (6)
Statistical (And Non-Statistical) Discrimination (2017) (6)
Legal Development and the Problem of Systemic Transition (2003) (5)
Is Law a Technical Language (2015) (5)
May Officials Think Religiously (1986) (5)
Freedom of Expression Adjudication in Europe and America: A Case Study in Comparative Constitutional Architecture (2005) (5)
The right to die as a case study in third-order decisionmaking. (1992) (5)
Thinking Like a Lawyer (2009) (5)
On Treating Unlike Cases Alike (2018) (5)
THE PATH-DEPENDENCE OF LEGAL POSITIVISM (2015) (5)
Is it Important to Be Important?Evaluating the Supreme Court's Case Selection Process (2009) (5)
The Trouble with Cases (2009) (5)
Judges as Rulemakers (2017) (5)
Intentions, Conventions, and the First Amendment: The Case of Cross-Burning (2003) (5)
Law as the Engine of State: The Trial of Anne Boleyn (1980) (5)
Neutrality and Judicial Review (2003) (5)
Proportionality and the Rule of Law: Proportionality and the Question of Weight (2014) (5)
Authority of Legal Scholarship (1991) (5)
Is Legality Political (2011) (4)
Is It Better to Be Safe than Sorry?: Free Speech and the Precautionary Principle (2009) (4)
Is Expert Evidence Really Different (2013) (4)
Harry Kalven and the Perils of Particularism (1989) (4)
Deliberating about Deliberation (1992) (4)
The Jurisprudence of Custom (2012) (4)
Invasions of privacy: Violations of boundaries (2001) (4)
Language, Truth, and the First Amendment: An Essay in Memory of Harry Canter (1978) (4)
Legal Information as Social Capital (2007) (4)
Law and Social Cognition (2012) (3)
Official Obedience and the Politics of Defining 'Law' (2013) (3)
Normative Legal Positivism (2021) (3)
Rules and the Rule-Following Argument (1990) (3)
Does simplicity bring liberty (1997) (3)
The First amendment : a reader (1992) (3)
One small step towards a metatheory of evidence and proof (2019) (3)
Second-Order Vagueness in the Law (2016) (3)
Rules and reasoning : essays in honour of Fred Schauer (1999) (3)
Law as a Malleable Artifact (2018) (3)
The Sociology of the Hate Speech Debate (1992) (3)
The Supreme Court, 1997 Term (1998) (3)
Free Speech and the Demise of the Soapbox (1984) (3)
Analogy in the Supreme Court: Lozman v City of Riviera Beach, Florida (2014) (3)
"Private" Speech and the "Private" Forum: Givhan v. Western Line School District (1979) (3)
Regulation by Generalization (2005) (3)
The Mixed Blessings of Financial Transparency (2014) (3)
The Least Examined Branch: Legislatures as Rule-Followers (2006) (2)
The Legality of Evil or the Evil of Legality (2011) (2)
Legal process and the identification of human values. (1986) (2)
Is Government Speech a Problem (1983) (2)
Friedrich Waismann and the Distinctive Logic of Legal Language (2017) (2)
Constitutional Law: Cases, Comments, and Questions, 12th ed. (2015) (2)
Probabilistic Causation in the Law (2020) (2)
The Heroes of the First Amendment (2003) (2)
Ashwander Revisited (1995) (2)
Lie-Detection, Neuroscience, and the Law of Evidence (2012) (2)
Rules and Law (1993) (2)
Statistical Evidence and the Problem of Specification (2021) (2)
Bentham on Presumed Offences (2011) (2)
Free Speech, the Search for Truth, and the Problem of Collective Knowledge (2017) (2)
Refining the Lawmaking Function of the Supreme Court (1983) (2)
Mrs. Palsgraf And The First Amendment (1990) (2)
Law's Ethical, Global and Theoretical Contexts: Twining on Llewellyn and Legal Realism (2015) (2)
Roger Shiner Norm and Nature: The Movements of Legal Thought. Oxford: Clarendon Press1992. Pp. xiv + 348. (1994) (2)
Hart's Anti-Essentialism (2012) (2)
Is Policy within Law's Limited Domain? (2007) (2)
Stare Decisis—Rhetoric and Reality in the Supreme Court (2019) (2)
Ambivalence About the Law (2007) (2)
Law's Boundaries (2016) (2)
The Permutations of Academic Freedom (2012) (2)
Do People Obey the Law (2014) (2)
Response: Pornography and the First Amendment (1979) (2)
Messages, motives, and hate crimes (1992) (2)
Does Doctrine Matter (1984) (2)
Rights, Constitutions, and the Perils of Panglossianism (2018) (2)
Our Situational Concepts (2011) (1)
Facts and the First Amendment (the Melville Nimmer Memorial Lecture) (2009) (1)
Our Informationally Disabled Courts (2014) (1)
Government and the Mind (1980) (1)
Rights as rules (1987) (1)
Commercial Speech and the Perils of Parity (2017) (1)
On Treating Unlike Cases Alike Book Review Symposium: Settled versus Right: A Theory of Precedent (2018) (1)
THE GENERALITY OF RIGHTS (2000) (1)
Democracy and the mass media: Who decides? (1990) (1)
Stare Decisis and the Selection Effect (2013) (1)
Book Review: When the State Speaks, What Should It Say? How Democracies Can Protect Expression and Promote Equality, by Corey Brettschneider (2014) (1)
Preferences for Law? (2017) (1)
The Practice and Problems of Plain Meaning: A Response to Aleinikoff and Shaw (2020) (1)
Recipes, Plans, Instructions, and the Free Speech Implications of Words That Are Tools (2019) (1)
Not Just About License Plates: Walker v Sons of Confederate Veterans, Government Speech, and Doctrinal Overlap in the First Amendment (2016) (1)
Why Precedent in Law (and Elsewhere) Is Why Precedent in Law (and Elsewhere) about Analogy (2007) (1)
A Reply to Five Friends (2016) (1)
The Politics and Incentives of First Amendment Coverage (2015) (1)
The Calculus of Distrust (1991) (1)
On the Relationship between International Law and International Constitutionalism (2017) (1)
Free Speech and Commercial Advertising (2021) (1)
Modeling Tolerance (2014) (1)
Costs and Challenges of the Hostile Audience (2019) (1)
The Miranda Warning (2013) (1)
The Constitution as Text and Rule (1987) (1)
On the Alleged Problem of Legal Normativity (2019) (1)
Free Speech and the Assumption of Rationality (1983) (1)
Cable Operators as Editors: Prerogative, Responsibility, and Liability (1994) (1)
The Interpretation of Rules (1993) (1)
Response: a continuing conversation (2017) (0)
Rule of Conduct, and the Legal Order (2011) (0)
Rule of Thumb and Principle (2011) (0)
1st Amendment: Cases - Comments - Questions, 6th ed. (2015) (0)
2. Positive Rights, Negative Rights, and the Right to Know (2018) (0)
Harry Kalven and the Perils of Particularism (reviewing A Worthy Tradition: Freedom of Speech in America by Harry Kalven, Jr., Jamie Kalven) (1989) (0)
Rules, Defeasibility, and the Psychology of Exceptions (2020) (0)
The Pretense of Necessity in Constitutional Theory (2012) (0)
The Interface of Myth and Practice in Law (2020) (0)
1984 supplement : Cases and materials on constitutional law, tenth edition, Cases and materials on individual rights in constitutional law, third edition, by Gerald Gunther (1984) (0)
Karl Llewellyn and the Realist Movement: Foreword (2012) (0)
Stabilities within the Leeways (2011) (0)
Lon Fuller and the Rule of Law (2020) (0)
Civil Law, Common Law, and the Data of Jurisprudence (2022) (0)
FORMALISM (2017) (0)
The Constitution as Text and Rule The Constitution as Text and Rule (2020) (0)
Decision-making by Entrenched Generalization (1993) (0)
The Frame of the Discussion (2011) (0)
FREDERICK SCHAUER THE DILEMMA OF IGNORANCE : PGA TOUR , INC (0)
Lessons from the Free Speech Clause (2016) (0)
Should Presidents Obey the Law? (And What Is “The Law,” Anyway?) (2007) (0)
ESSAYS AUTHORITY AND AUTHORITIES (0)
Free Speech and Obedience to Law (2017) (0)
9. Speaking of Dignity (2020) (0)
The Force of Rules (1993) (0)
Social Science and the Philosophy of Law (2020) (0)
Surprisingly Punitive Damages 1029 (2014) (0)
On the Relationship Between Law and Legal Reasoning (2020) (0)
Rules as Generalizations (1993) (0)
8. Of Carrots and Sticks (2015) (0)
Opinions as Rules (reviewing The Unpublished Opinions of the Warren Court by Bernard Schwartz) (1986) (0)
Free Speech and the Cultural Contingency of Constitutional Categories (2012) (0)
Fuller's Fairness: "The Case of the Speluncean Explorers." (2016) (0)
6-1-1999 Discourse and Its Discontents (2014) (0)
The Dilemma of Ignorance: PGA Tour, INC. v Casey Martin (2001) (0)
2. Paltering (2009) (0)
Second-Best Constitutionalism (2020) (0)
FREE SPEECH AND ITS HARMS (2011) (0)
The Determinants of Legal Doubt (1991) (0)
6. Are Officials above the Law (2015) (0)
Sanctions for Acts or Sanctions for Actors (2018) (0)
The Constitution of Fear. (1995) (0)
Every Possible Use of Language (2017) (0)
Chapter 2. The Exceptional First Amendment (2009) (0)
American Legal Realism – Theoretical Aspects (2018) (0)
A Critical Examination of the Distinction between Interpretation and Construction (2019) (0)
Judging Justice: An Introduction to Contemporary Political Philosophy (2009) (0)
Free Speech on Tuesdays (2014) (0)
3. The Possibility and Probability of Noncoercive Law (2015) (0)
The Role of Rules in the Law of Evidence (2020) (0)
The Sources of Entrenchment (1993) (0)
Dialogue and Its Discontents (2019) (0)
Introduction (2008) (0)
[88WashLRev155]The Miranda Warning (2013) (0)
On the Utility of Religious Toleration (2014) (0)
Must Virtue Be Particular (2011) (0)
Epilogue: The Silent Virtues (1993) (0)
Unoriginal Textualism (2021) (0)
Book Proposal: Limits of Legality p. 1 of 17 DRAFT: DO NOT CIRCULATE, DUPLICATE, POST, CITE, OR QUOTE WITHOUT PERMISSION OF AUTHOR Book Proposal Limits of Legality: Adjudication, Practical Reason, and the Rule of Law (2007) (0)
Out of Range: On Patently Uncovered Speech (2015) (0)
Constitutional Invocations (2017) (0)
Freedom of Expression and Three Concepts of the Global (2021) (0)
The Hostile Audience Revisited (2017) (0)
Oliver Wendell Holmes, the Abrams Case, and the Origins of the Harmless Speech Tradition (2020) (0)
Constitutions of Hope and Fear (2014) (0)
The Entrenchment of Generalizations (1993) (0)
Normative Legal Positivism (Prologue) (2019) (0)
Editor's Introduction to Karl Llewellyn's 'The Theory of Rules' (2009) (0)
Sources in Legal-Formalist Theories (2018) (0)
What Counts as Law (2017) (0)
9. Coercion’s Arsenal (2015) (0)
Cases and materials on constitutional law, ninth edition ; Cases and materials on individual rights in constitutional law, second edition (1976) (0)
Index to Volume 1,1995 (1995) (0)
Free Speech Overrides (2020) (0)
In Memoriam: John H. Mansfield (2014) (0)
The First Amendment: A Reader (2nd ed.) (1996) (0)
Discussion of Frederick Schauer's 'Or 'Emet Lecture: On Law and Coercion (2009) (0)
Book review: The Federal Impeachment Process: A Constitutional and Historical Analysis. By Michael J. Gerhardt. (1997) (0)
The proof (2019) (0)
Lawyers and Lawmaking (1985) (0)
1. Introduction: The Force of Law (2015) (0)
4. In Search of the Puzzled Man (2015) (0)
Constitutionalism and Coercion (2013) (0)
On the Nature of Legal Reasoning. Comments on a Symposium (2017) (0)
Slightly Guilty (2015) (0)
THE FLAWED PROBABILISTIC FOUNDATION OF (2011) (0)
21. The Speech-ing of Sexual Harassment (2017) (0)
Hohfeld on Legal Language (2018) (0)
The Annoying Constitution: Implications for the Allocation of Interpretive Authority (2017) (0)
Should Officials Obey The Law?: (And What Is "The Law," Anyway?) (2006) (0)
When and How (If at All) Does Law Constrain Official Action? (The Sibley Lecture) (2009) (0)
Balancing, Subsumption, and the Constraining Role of Legal Text (2010) (0)
FREEDOM OF THOUGHT? (2020) (0)
In Search of a Free Speech Principle (1984) (0)
Rightful Deprivations of Rights (2018) (0)
Moral Principles and Political obligations. (1981) (0)
Rules of Law: Command and Prediction (2011) (0)
Rules of Law: The Propositional Form (2011) (0)
Deconstructing Law's Normativity (2017) (0)
Calibrating Legal Judgments (2016) (0)
Practice and Theory in Comparative Law: Comparative constitutional compliance: notes towards a research agenda (2012) (0)
Acts, Omissions, and Constitutionalism (1995) (0)
The Restatements as Law (2022) (0)
Chapter 2 Necessity , Importance , and the Nature of Law (2015) (0)
In Defense of Rule-Based Evidence Law: And Rule-Based Epistemology Too (2008) (0)
Reflections on Contemporary Community Standards: The Perpetuation of an Irrelevant Concept in the Law of Obscenity (1978) (0)
11. The Differentiation of Law (2015) (0)
Do Appellate Judges Find Facts as Well as Apply Law (2011) (0)
The Advocate's Leeway (2011) (0)
Is the Rule of Recognition a Rule? (2012) (0)
Fuller and Kelsen -- Fuller on Kelsen (2020) (0)
The Occasions of Law (and the Occasions of Interpretation) [Special Issue] (2018) (0)
Legal Scholarship and the Mission of a Law Faculty (1981) (0)
Questions of Authority (2002) (0)
Playing with the Rules (1992) (0)
On Law and Coercion (2009) (0)
Review essay / Decriminalization and the constitution (1984) (0)
On the Regulative Functions of Constitutive Rules (2020) (0)
The Generality of Law The Generality of Law THE GENERALITY OF LAW (2021) (0)
Does Law Matter? (2021) (0)
Legal realism and legal reality (2022) (0)
Fish’s Five Theories (2013) (0)
What Is Speech? The Question of Coverage (2021) (0)
The Return of Variable Obscenity (1977) (0)
7. Coercing Obedience (2015) (0)
On the Utility of Religious Toleration (2016) (0)
10. Awash in a Sea of Norms (2015) (0)
1995 supplement, Constitutional law, twelfth edition, Individual rights in constitutional law, fifth edition by Gerald Gunther (1995) (0)
Introduction: The Varieties of Rules (1993) (0)
A Note about the Notes (2015) (0)
5. Do People Obey the Law (2015) (0)
Law colloquium 2004 : from insult to slander defamation and the freedom of the press (2004) (0)

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Published Works

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What Schools Are Affiliated With Frederick Schauer?

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