Jonathan Gould

Professor of Law | New York University[email protected]SSRN page | Faculty website

Biography

Jonathan Gould is a Professor of Law at NYU. His research focuses on the relationship between politics and law and has covered topics in constitutional law and theory, administrative law, legislative politics, and congressional procedure. His work draws on a variety of methods and literatures, including from public law, political theory, and political science.Gould’s scholarship has been published in the flagship law reviews at Harvard, Yale, NYU, Virginia, UChicago, Michigan, Georgetown, and Vanderbilt, as well as various specialty and peer-review journals. He has also published popular commentary in the Washington Post, Atlantic, Slate, and Boston Review.Gould was previously the Class of 1965 Professor of Law at UC Berkeley. At Berkeley Law, Gould served as faculty director of the Kadish Center for Law, Morality, and Public Affairs and as an inaugural faculty co-director of the Edley Center for Law and Democracy.Gould received his J.D. magna cum laude from Harvard Law School, where he served as President of the Harvard Law Review, and his Ph.D. from Harvard’s Department of Government.

Research

Constitutional Law and Theory
Governing Versus Campaigning (working paper) (w/D. Levinson)
Political Repression and American Public Law (working paper)
Why Chief Executives (Dis)Obey the Law (working paper) (w/D. Farber)
Workarounds in American Public Law (Texas L. Rev. 2025) (w/D. Farber & M. Stephenson)
The Public Rule of Law (Law & Contemp. Probs. 2025)
Puzzles of Progressive Constitutionalism (Harv. L. Rev.2022)
Structural Biases in Structural Constitutional Law (N.Y.U. L. Rev. 2022) (w/D. Pozen)
Codifying Constitutional Norms (Geo. L.J. 2021)
Rethinking Swing Voters (Vand. L. Rev. 2021)Administrative Law
Administrative Law’s Values (working paper)
Modalities of Agency Rulemaking (N.Y.U. L. Rev. 2025)
Cost-Benefit Analysis in Polarized Times (Admin. L. Rev. 2023)
The Politics of Deference (Vand. L. Rev. 2022) (w/G. Elinson)Legislation and Legislative Politics
A Republic of Spending (Mich. L. Rev. 2024)
The Law of Legislative Representation (Va. L. Rev. 2021)
Legislating for the Future (U. Chi. L. Rev. 2025) (w/R. Van Loo)Congressional Procedure
Law Within Congress (Yale L. Rev. 2020)
The Senate’s Shadow Doctrine (Harv. J. on Legis. 2024)
Democratizing the Senate from Within (J. Legal Analysis 2021) (w/K. Shepsle & M. Stephenson)Political Theory
Duty and Dissent: The Ethics of Civil Service (working paper) (w/J. Howard)
A Theory of Transition Relief (Jurisprudence 2026) (w/H. Dagan)