Jack Knight
Frederic Cleaveland Distinguished Professor of Law and Political Science
A renowned political scientist and legal theorist, Professor Knight's scholarly work focuses on modern social and political theory, law and legal theory, and political economy. He holds a joint appointment with Duke Law School and Duke's Trinity College of Arts and Sciences, where he teaches in the Politics, Philosophy and Economics Program. At the Law School, he teaches courses on social scientific approaches to law and courts, as well as courses on the political economy of social institutions.
Professor Knight's research focuses on the rules and norms that organize human activities in nations. In addition to study of the motivations and decisions of judges, he has examined the effects of the norm of extensive prior judicial experience as a prerequisite for service on the U.S. Supreme Court, as well as several other aspects of how courts make decisions and how judges choose their positions in opinions.
Professor Knight is the author of several books: Institutions and Social Conflict(Cambridge University Press, 1992), Explaining Social Institutions (with Itai Sened) (The University of Michigan Press, 1995), and The Choices Justices Make(with Lee Epstein) (Congressional Quarterly Press, 1997), which won the American Political Science Association's C. Herman Prichett Award for the best book published on law and courts. He co-edited Courts, Judges and Politics(McGraw-Hill, 6th Edition, 2005) and has published numerous articles in journals and edited volumes on such topics as democratic theory, the rule of law, judicial decision-making, and theories of institutional emergence and change.
Prior to joining Duke Law in 2008, Professor Knight was the Sidney W. Souers Professor of Government at Washington University of St. Louis, where he served as chair of the Department of Political Science and was a fellow of the university's Center for Political Economy. He also has taught at the University of Chicago and the University of Michigan and was an attorney with the Peninsula Legal Aid Center in Hampton, Va. He has served as a visiting professor at the International Center for Business and Politics of the Copenhagen Business School and a visiting scholar with the Russell Sage Foundation and the Max Planck Institute in Bonn, Germany.
Professor Knight holds a bachelor's degree and JD from the University of North Carolina at Chapel Hill and an MA and a PhD in political science from the University of Chicago.
View Professor Knight's profile at the Political Science Department
Current Appointments & Affiliations
- Frederic Cleaveland Distinguished Professor of Law and Political Science, Political Science, Trinity College of Arts & Sciences 2011
- Professor of Political Science, Political Science, Trinity College of Arts & Sciences 2008
- Professor of Law, Law School, Duke University 2008
Contact Information
- Duke Law School 210 Science Dr, Box 90362, Durham, NC 27708
- Duke Law School Room 3010, Duke Box 90362, Durham, NC 27708-0204
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knight@law.duke.edu
(919) 660-4300
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Department of Political Science
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See the Duke Law profile page
- Background
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Education, Training, & Certifications
- Ph.D., The University of Chicago 1989
- M.A., The University of Chicago 1980
- J.D., University of North Carolina - Chapel Hill 1977
- B.A., University of North Carolina - Chapel Hill 1974
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Previous Appointments & Affiliations
- Chair of the Department of Political Science, Political Science, Trinity College of Arts & Sciences 2013 - 2016
- Recognition
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In the News
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Awards & Honors
- Expertise
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Global Scholarship
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Expertise
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- Publications & Artistic Works
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Selected Publications
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Books
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Knight, J., and M. Schwartzberg. Institutional Bargaining for Democratic Theorists (or How We Learned to Stop Worrying and Love Haggling). Vol. 23, 2020.Link to Item
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Knight, J., and M. Schwartzberg. Privatization. NYU Press, 2019.Link to Item
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Knight, J., and M. Schwartzberg. Political Legitimacy. New York University Press, 2019.Link to Item
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Knight, J. Compromise. NYU Press, 2018.Link to Item
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Knight, J., T. Christiano, and I. Creppell. Morality, Governance, and Social Institutions: Reflections on Russell Hardin. Palgrave Macmillan, 2018.Link to Item
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Knight, J. Immigration, Emigration, and Migration. NYU Press, 2017.Link to Item
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Knight, J., and M. Schwartzberg. Wealth. NYU Press, 2017.Link to Item
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Knight, J., and L. Epstein. The Economic Analysis of Judicial Behavior. Edited by L. Epstein and S. Lindquist. Vol. The Oxford Handbook on U.S. Judicial Behavior. New York: Oxford University Press, 2017.
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Knight, J., and J. Johnson. The Priority of Democracy: Political consequences of pragmatism. Princeton: Princeton University Press, 2011.
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Knight, J., M. Levi, S. Stokes, and J. Johnson, eds. Designing Democratic Government: Making Institutions Work. New York: Russel Sage, 2008.
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Knight, J., C. H. Pritchett, W. Murphy, and L. Epstein, eds. Courts, Judges, and Politics. McGraw-Hill Humanities/Social Sciences/Languages, 2005.
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Knight, Jack, and Itai Sened. Explaining Social Institutions. University of Michigan Press, 1998.
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Epstein, Lee, and Jack Knight. The Choices Justices Make. SAGE, 1997.
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Knight, Jack. Institutions and Social Conflict. Cambridge University Press, 1992.
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Academic Articles
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Knight, Jack, and Lee Epstein. “How Social Identity and Social Diversity Affect Judging.” Leiden Journal of International Law 35, no. 4 (2022): 897–911.Link to Item
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Pratt, S. F., S. Schmidt, D. Avant, M. Cochran, P. T. Jackson, H. Farrell, J. Knight, and G. Hellmann. “Pragmatism in IR: The Prospects for Substantive Theorizing.” International Studies Review 23, no. 4 (December 1, 2021): 1933–58. https://doi.org/10.1093/isr/viab019.Full Text
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Knight, J. “Book Review: Pragmatist Egalitarianism.” Political Theory 47, no. 5 (2019): 733–38.
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Knight, J., and M. Gulati. “Talking Judges.” Duke Law Journal Online 67 (2018).Link to Item
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Knight, J., H. Landemore, and D. Viehoff. “Roundtable on Epistemic Democracy and Its Critics.” Critical Review 28, no. 2 (2016): 137–70.
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Knight, J., M. Gulati, and D. Levi. “How Bayesian are Judges?” Unlv Law Review 16 (2016): 1061–84.Link to Item
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Knight, J., and J. Johnson. “On Attempts to Gerrymander "Positive" and "Normative" Political Theory: Six Theses.” Good Society 24, no. 1 (2015): 30–48.
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Knight, J. “The Imperative of Non-Ideal Theory.” Political Studies Review 12, no. 3 (2014): 361–68.
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Knight, J., G. Gulati, and D. Levi. “In the Absence of Scrutiny: Narratives of Probable Cause,” 2013.Link to Item
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Knight, J., and L. Epstein. “Reconsidering Judicial Preferences.” Annual Review of Political Science 16 (2013): 11–31.
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Gulati, M., and J. Knight. “Talking Judges.” The Legal Workshop Duke Law Journal 2010 (2010).Link to Item
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Knight, J. “Are Empiricists Asking the Right Questions about Judicial Decisionmaking?” Duke Law Journal 58 (2009): 1531–56.Link to Item
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Knight, J., and J. Johnson. “On the Priority of Democracy: A Pragmatist Approach to Political-Economic Institutions and the Burden of Justification.” The American Political Science Review 101, no. 1 (2007): 47–62.
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Knight, J., and J. Johnson. “Evaluacion de los Limites de la Democracia Radical.” Gestion Y Politicia Publica 14 (2005): 497–526.
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Knight, J., and J. Johnson. “Assessing the boundaries of radical democracy.” Gestion Y Politica Publica 14, no. 3 (January 1, 2005): 497–526.
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Epstein, L., and J. Knight. “Building the Bridge from Both Sides of the River: Law and Society and Rational Choice.” Law & Society Review 38, no. 2 (2004): 207–12. https://doi.org/10.2307/1555102.Full Text Link to Item
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Knight, J., L. Epstein, and A. Martin. “The Political (Science) Context of Judging.” St. Louis University Law Journal 47, no. 3 (2003): 783–817.Link to Item
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Knight, J., and H. Farrell. “Trust, Institutions and Institutional Evolution: Industrial Districts and the Social Capital Hypothesis.” Politics & Society 31, no. 4 (2003).
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Knight, J., and L. Epstein. “Constitutional Borrowing and Nonborrowing.” I Con, International Journal of Constitutional Law 1, no. 2 (2003): 196–223.Link to Item
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Epstein, L., J. Knight, and A. D. Martin. “The Norm of Prior Judicial Experience and Its Consequences for Career Diversity on the U.S. Supreme Court.” California Law Review 91, no. 4 (2003): 903–65. https://doi.org/10.2307/3481406.Full Text Link to Item
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Epstein, L., J. Knight, and O. Shvetsova. “The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government.” Law & Society Review 35, no. 1 (2001): 117–64. https://doi.org/10.2307/3185388.Full Text Link to Item
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Knight, J., L. Epstein, and A. Martin. “The Supreme Court as a Strategic National Policymaker.” Emory Law Review 50, no. 2 (2001): 583–611.Link to Item
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Knight, J., L. Epstein, and O. Shvetsova. “Comparing Judicial Selection Systems.” William & Mary Bill of Rights Journal 10 (2001): 7–36.Link to Item
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Knight, J., and L. Epstein. “Piercing the Veil: Justice William J. Brennan's Account of Regents of the University of California v. Bakke.” Yale Law and Policy Review 19, no. 2 (2001): 341–79.Link to Item
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Knight, J. “A Pragmatist Approach to the Proper Scope of Government.” Journal of Institutional and Theoretical Economics (Jite) / Zeitschrift Für Die Gesamte Staatswissenschaft 157, no. 1 (2001): 28–48. https://doi.org/10.2307/40752246.Full Text Link to Item
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Acheson, J. M., and J. Knight. “Distribution Fights, Coordination Games, and Lobster Management.” Comparative Studies in Society and History 42, no. 1 (2000): 209–38. https://doi.org/10.2307/2696639.Full Text Link to Item
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Epstein, L., and J. Knight. “Toward a Strategic Revolution in Judicial Politics: A Look Back, A Look Ahead.” Political Research Quarterly 53, no. 3 (2000): 625–61. https://doi.org/10.2307/449201.Full Text Link to Item
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Knight, J., and J. Johnson. “Inquiry Into Democracy.” American Journal of Political Science 43, no. 2 (1999): 566–89.
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Knight, J. “Justice and Fairness.” Annual Review of Political Science 1 (1998): 425–49.
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Knight, J. “Book Review.” Law & Politics Book Review 2, no. 9 (1998): 103–6.
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Knight, J. “The Bases of Cooperation : Social Norms and the Rule of Law.” Journal of Institutional and Theoretical Economics (Jite) / Zeitschrift Für Die Gesamte Staatswissenschaft 154, no. 4 (1998): 754–63. https://doi.org/10.2307/40752110.Full Text Link to Item
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Knight, J. “Social institutions and human cognition: Thinking about old questions in new ways.” Journal of Institutional and Theoretical Economics 153, no. 4 (December 1, 1997): 688–99.
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Knight, J. “Social Institutions and Human Cognition: Thinking About Old Questions in New Ways.” Journal of Institutional and Theoretical Economics (Jite) / Zeitschrift Für Die Gesamte Staatswissenschaft 153, no. 4 (1997): 693–99. https://doi.org/10.2307/40752025.Full Text Link to Item
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Knight, J. “Book Reviews.” American Political Science Review 91, no. 3 (1997): 711–12.
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Knight, J., and D. North. “Explaining Economic Change: The Interplay Between Institutions and Cognition.” Legal Theory 3 (1997): 211–26.
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Knight, J., and D. North. “Explaining economic change: The Interplay Between Cognition and Institutions.” Legal Theory 3, no. 3 (January 1, 1997): 211–26. https://doi.org/10.1017/S1352325200000768.Full Text
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Knight, J., and J. Ensminger. “Changing Social Norms.” Current Anthropology 38, no. 1 (1997): 1–24.
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Ensminger, J., and J. Knight. “Changing Social Norms: Common Property, Bridewealth, and Clan Exogamy.” Current Anthropology 38, no. 1 (1997): 1–24. https://doi.org/10.2307/2744433.Full Text Link to Item
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Knight, J., and L. Epstein. “The Norm of Stare Decisis.” American Journal of Political Science 40, no. 4 (1996): 1018–35. https://doi.org/10.2307/2111740.Full Text Link to Item
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Knight, J., and J. Johnson. “Political Consequences of Pragmatism.” Political Theory 24, no. 1 (1996): 68–96. https://doi.org/10.2307/192091.Full Text Link to Item
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Knight, J., and L. Epstein. “On the Struggle for Judicial Supremacy.” Law & Society Review 30, no. 1 (1996): 87–120. https://doi.org/10.2307/3054035.Full Text Link to Item
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Thompson, D. C., J. L. Knight, T. M. Sterling, and L. W. Murray. “Preference for specific varieties of woolly locoweed by a specialist weevil, Cleonidius trivittatus (Say).” Southwestern Entomologist 20, no. 3 (December 1, 1995): 325–33.
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Knight, J., and J. Johnson. “Aggregation and Deliberation: On the Possibility of Democratic Legitimacy.” Political Theory 22, no. 2 (1994): 277–96. https://doi.org/10.2307/192147.Full Text Link to Item
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Knight, J. “Positive Models and Normative Theory: A Comment on Eskridge and Ferejohn.” Journal of Law, Economics, & Organization 8, no. 1 (1992): 190–96. https://doi.org/10.2307/764898.Full Text Link to Item
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Book Sections
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Warren, M. E., A. Bächtiger, M. A. Cameron, S. Chambers, J. Ferejohn, A. Jacobs, J. Knight, et al. “"Deliberative negotiation" (2014).” In Jane Mansbridge: Participation, Deliberation, Legitimate Coercion, 208–14, 2018. https://doi.org/10.4324/9781315167268.Full Text
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Knight, J., and L. Epstein. “Efficacious Judging on Apex Courts.” In Comparative Judicial Review, 272–89. Edward Elgar Publishing, 2018.
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Knight, J., and L. Epstein. “The Economic Analysis of Judicial Behavior.” In The Oxford Handbook on U.S. Judicial Behavior, edited by L. Epstein and S. Lindquist. New York: Oxford University Press, 2016.
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Knight, J., and J. Epstein, L. “Foreword.” In Walter Murphy’s Elements of Judicial Strategy, edited by J. Childress, Alan. Quid Pro Books, Legal Legends Series, 2016.
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Knight, J., and L. Epstein. “Strategic Accounts of Judging.” In Routledge Handbook of Judicial Behavior, edited by K. Randazzo and R. Howard. New York: Routledge, 2016.
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Knight, J., L. Epstein, and A. Martin. “Some Ideas on How Political Scientists Can Develop Real-World Implications from Their Research (Without Becoming Policy Wonks or Law Professors).” In Making Law and Courts Research Relevant: The Normative Implications of Empirical Research, 14–26. Routledge, 2015.Link to Item
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Knight, J., M. Warren, J. Mansbridge, A. Bachtiger, M. Cameron, S. Chambers, J. Ferejohn, et al. “Deliberative Negotiations.” In Political Negotiation: A Handbook, edited by J. Mansbridge and M. Warren. Washington, D.C.: Brookings, 2015.
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Knight, J., and S. Bagg. “Legitimacy.” In Encyclopedia of Political Thought, edited by M. Gibbons, 2079–90. Wiley-Blackwell, 2014.
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Knight, J. “Comment causal mechanisms and generalizations.” In Philosophy of the Social Sciences: Philosophical Theory and Scientific Practice, 179–84, 2009. https://doi.org/10.1017/CBO9780511812880.015.Full Text
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Knight, Jack. “Causal Mechanisms and Generalizations.” In Philosophy of the Social Sciences: Philosophical Theory and Scientific Practice, edited by Chris Mantzavinos. Cambridge University Press, 2009.
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Knight, J. “Institutionalizing Toleration.” In Toleration on Trial, edited by R. Hardin, S. Macedo, and I. Creppell. Lexington Books, Rowman and Littlefield Publishers, 2007.
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Knight, J. “Commentary: The mutual engagement of political theory and empirical research.” In The Evolution of Political Knowledge: Theory and Inquiry in American Politics, 93–97, 2004.
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Knight, J., L. Epstein, and A. Martin. “Constitutional Interpretation From a Strategic Perspective.” In Making Policy, Making Law: An Inter-Branch Perspective. Georgetown University Press, 2004.
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Knight, J., and L. Epstein. “Institutionalizing Constitutional Democracy: A Strategic Analysis of the Role of the Courts.” In Politics From Anarchy to Democracy. Stanford University Press, 2004.
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Knight, J., and L. Epstein. “Courts and Judges.” In Blackwell Companion to Law and Society, edited by A. Serat. London: Blackwell, 2004.
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Epstein, L., and J. Knight. “Walter F. Murphy: The interactive nature of judicial decision making.” In The Pioneers of Judicial Behavior, 197–227, 2003.
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Knight, J. “The Mutual Engagement of Political Theory and Empirical Research.” In Political Knowledge and Public Interest. University of Ohio Press, 2003.
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Knight, J., L. Epstein, and O. Shvetsova. “Selecting Selections Systems.” In Judicial Independence at the Crossroads: An Interdisciplinary Approach, edited by S. Burbank and B. Friedman, 191–226, 2002.
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Knight, J., and L. Epstein. “The Strategic John Marshall (and Thomas Jefferson).” In Marbury v. Madison: Document and Commentary, edited by M. Graber and M. Perhac. CQ Press, 2002.
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Knight, J., and L. Epstein. “Walter Murphy.” In The Pioneers of Judicial Behavior, edited by N. Maveety. University of Michigan Press, 2002.
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Knight, J. “Institutionalizing Constitutional Interpretation.” In Constitutional Cultural and Democratic Rule, edited by J. Ferejohn, J. Riley, and J. Rakove. Cambridge University Press, 2001.
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Knight, J. “Explaining the Rise of Neoliberalism: The Mechanisms of Institutional Change.” In The Rise of Neoliberalism and Institutional Analysis, edited by J. Campbell and O. Pederson, 27–50. Princeton University Press, 2001.
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Knight, J. “Fostering Trust in a Socially-Diverse Society: Social Norms and the Rule of Law.” In Trust in Society, edited by K. Cook, 354–73. Russell Sage Foundation, 2001.
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Knight, J. “Explaining the Rise of Neoliberalism: The Mechanisms of Institutional Change.” In The Rise of Neoliberalism and Institutional Analysis, 27–50. Princeton University Press, 2001.
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Knight, J. “Constitutionalism and Deliberate Democracy.” In Deliberative Politics: Essays on Democracy and Disagreement, edited by S. Macedo, 159–69. Oxford University Press, 2000.
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Knight, J. “Suboptimality and Social Institutions: The Relationship Between Cognition and Context.” In Cognition, Rationality and Institutions, edited by M. Streit, U. Mummert, and D. Kiwit, 11–26. Springer-Verlag, 2000.
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Knight, J., and J. Ensminger. “Conflict Over Changing Social Norms.” In The New Institutionalism in Economic Sociology, edited by V. Nee and M. Brinton, 105–26. Russell Sage Foundation, 1998.
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Knight, J., and L. Epstein. “Mapping Out the Strategic Terrain: The Informational Role of Amici Curiae.” In Institutional Approaches to Supreme Court Decision-Making, edited by C. Clayton and H. Gillman. University of Chicago Press, 1998.
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Knight, J., and D. North. “Explaining the Complexity of Institutional Change.” In The Political Economy of Property Rights, edited by D. Weimer, 349–54. Cambridge University Press, 1997.
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Knight, J., and J. Johnson. “What Sort of Equality Does Democratic Deliberation Require?” In Deliberative Democracy, edited by J. Bohman and W. Rehg, 279–320. MIT Press, 1997.
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Knight, J. “Models, Interpretations and Theories: Constructing Explanations of Institutional Emergence and Change.” In Explaining Social Institutions. University of Michigan Press, 1995.
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Knight, J., and J. Johnson. “Public Choice and the Rule of Law: Rational Choice Theories of Statutory Interpretation.” In Nomos: The Rule of Law, edited by I. Shapiro, 244–64, 1994.
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Knight, J. “Public Goods.” In The Oxford Companion to Politics of the World, edited by J. Krieger. Oxford University Press, 1993.
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Other Articles
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Knight, J., and L. Epstein. “The Economic Analysis of Judicial Behavior,” 2017.
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Knight, J. “Comments on Gutmann and Thompson, Democracy and Disagreement.” The Good Society, 1997.
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Knight, J., and L. Epstein. “The New Institutionalism, Part II.” Law & Courts Newsletter, 1997.
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Knight, J. “Comments on Segal and Spaeth, The Supreme Court and the Attitudinal Model.” Law & Courts Newsletter, 1994.
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Book Reviews
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Knight, J. “Book Review: Collective Action by Todd Sandler.” American Political Science Review, 1993.
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Knight, J. “Book Review: Free Markets and Social Justice by Cass Sunstein.” Law & Politics Book Review, 1992.
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Knight, J. “Book Review: Social Norms and Economic Institutions by Kenneth Koford and Jeffrey Miller.” The American Political Science Review. Cambridge University Press (CUP): HSS Journals, 1992.
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Knight, J. “Book Review: The Economic Structure of Corporate Law by Frank Easterbrook and Daniel Fischel.” The Law and Political Science Review, 1992.
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Knight, J. “Book Review: Weber, the Ideal Type and Contemporary Social Theory by Susan Heckman.” Ethics. Cambridge University Press (CUP): HSS Journals, 1985.
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Knight, J. “Book Review: Max Weber by Anthony Kronman.” Ethics, 1985.
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Knight, J. “Book Review: The Sociology of the State by Bertrand Badie and Pierre Birnbaum.” Ethics, 1985.
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Knight, J. “Book Review: In Search of the Spirit of Capitalism by Gordon Marshall.” Ethics, 1984.
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Knight, J. “Book Review: Capitalist Democracy in Britain by Ralph Miliband.” Ethics, 1984.
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Knight, J. “Book Review: The Political Economy of Public Choice, An Introduction to Welfare Economics by Robert Sugden.” Ethics, 1983.
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Knight, J. “Book Review: Law and Inflation by Keith Rosenn.” Ethics, 1983.
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Knight, J. “Book Review: The Limits of Capital by David Harvey.” Ethics, 1983.
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- Teaching & Mentoring
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Recent Courses
- LAW 507JS: Study of the Judiciary 2023
- LAW 717: Comparative Constitutional Design 2023
- POLSCI 373: Law and Politics 2023
- POLSCI 690S-1: Advanced Topics in Political Theory 2023
- POLSCI 799: Special Readings 2023
- ETHICS 578S: Contemporary Theories of Democracy 2022
- LAW 507JS: Study of the Judiciary 2022
- POLSCI 373: Law and Politics 2022
- POLSCI 578S: Contemporary Theories of Democracy 2022
- LAW 507JS: Study of the Judiciary 2021
- LAW 640: Independent Research 2021
- LAW 717: Comparative Constitutional Design 2021
- POLSCI 391-2: Senior Independent Study in Political Institutions 2021
- POLSCI 493-2: Senior Research Independent Study Political Institutions 2021
- POLSCI 681S: Law and Philosophy 2021
- POLSCI 690S-1: Advanced Topics in Political Theory 2021
- Scholarly, Clinical, & Service Activities
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Service to the Profession
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Service to Duke
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