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Westen, Peter

Frank G. Millard Professor of Law Emeritus

405 Hutchins Hall
734.763.0220
E-mail pkw@umich.edu
Peter Westen’s principal scholarly interests are in the fields of criminal law and legal theory, and he is the author of The Logic of Consent: The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct, and Speaking of Equality: The Rhetoric of “Equality” in Moral and Legal Discourse. Prior to joining the Law School faculty, Professor Westen served as law clerk to Justice William O. Douglas of the Supreme Court of the United States; was a fellow of the International Legal Center in Bogota, Colombia, where he advised the Colombian Ministry of Economic Development on commercial code reform; and, when he returned to the United States, he became an associate in the Washington, D.C., office of Paul, Weiss, Rifkind, Wharton & Garrison and appeared as counsel in several cases in the U.S. Supreme Court. Professor Westen earned his BA from Harvard College in 1964. He spent the following year in Vienna on an Austrian State scholarship studying contemporary Austrian political history, and then earned his JD from the University of California, Berkeley, where he was editor-in-chief of the California Law Review. He joined the Michigan Law faculty in 1973 and was a Guggenheim Fellow in 1981. He is the Frank C. Millard Professor of Law Emeritus.

Recent Publications

More Publications...


​"The Significance of Transferred Intent." Crim. L. & Phil. 7, no. 2 (2013): 321-50.
Full Text: SSRN | SpringerLink (UMich Users) | SpringerLink

"Why the Paradox of Blackmail is So Hard to Resolve." Ohio St. J. Crim. L. 9, no. 2 (2012): 585-636.
Full Text: SSRN | WWW

"Fletcher on Subjective Justification." In George Fletcher's Essays on Criminal Law, edited by R. Christopher. Oxford: Oxford Univ. Press, 2012.
Abstract: SSRN

"The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law." In Philosophical Foundations of Criminal Law, edited by R. A. Duff and S. P. Green, 304-27. Oxford: Oxford Univ. Press, 2011.

"Is Intent Constitutive of Wrongdoing?" In Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff, edited by R. Cruft, M. H. Kramer, and M. R. Reiff, 193-214. Oxford: Oxford University Press, 2011.

"Answer Self-Incriminating Questions or Be Fired." Am. J. Crim. L. 37, no. 2 (2010): 97-162.
Full Text: SSRN | HEIN (UMich users) | HEIN

"How Not to Argue that Reasonable Provocation is an Excuse." U. Mich. J.L. Reform 43, no. 1 (2009): 175-92.
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