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Legal Articles Written by Solicitor General Elena Kagan

President Barack Obama has announced his second nomination to the United States Supreme Court. He has chosen Elena Kagan, the current Solicitor General of the United States, to fill the United States Supreme Court seat being vacated by retiring Justice John Paul Stevens. Unlike the more recent appointees to the Court, Kagan has not served as an appellate judge and thus does not have the judicial paper trail that most nominees have. Listed below are some of Kagan's more important scholarly writings that provide insight into her legal philosophy.


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Regulation of Hate Speech and Pornography After R.A.V.:   60 U. Chi. L. Rev. 873

Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine: 63 U. Chi. L. Rev. 413

REVIEW: Confirmation Messes, Old and New: 62 U. Chi. L. Rev. 919

A Celebration of Justice Ruth Bader Ginsburg: Remarks Commemorating Celebration 55: The Women's Leadership Summit: 32 Harv. J.L. & Gender 233

Presidential Administration: 114 Harv. L. Rev. 2245  (this may be her most well-known article)

Chevron's Nondelegation Doctrine (With David J. Barron): 2001 Sup. Ct. Rev. 201

Symposium: Developments in Free Speech Doctrine: Charting the Nexus Between Speech and Religion, Abortion, and Equality: Article: When a Speech Code Is a Speech Code: The Stanford Policy and the Theory of Incidental Restraints: 29 U.C. Davis L. Rev. 957

Leslie H. Arps Memorial Lecture: Women and the Legal Profession--A Status Report: 61 The Record 37

From The Bag: The Harvard Law School Revisited: Reflecting on Louis D. Brandeis's Harvard Law School Reflections: 11 Green Bag 2d 475

In addition, the Marquis Who's Who biography of Elena Kagan is available on