Alec Walen


Contact Information

Law Office: 628
V: (856) 225-2658

Areas of Expertise

Courses Recently Taught


Professor Walen has recently taught courses in criminal law, homeland security and counterterrorism law, the philosophy of rights, and constitutional law. He holds a joint appointment in the School of Law, and the Philosophy Department and the Program in Criminal Justice on the New Brunswick campus. Prior to joining the faculty at Rutgers, he was a research scholar at the Institute for Philosophy and Public Policy at the University of Maryland. He has also taught at the University of Heidelberg (Germany), Aachen University (Germany), the University of Baltimore, Harvard University, and Lafayette College.

Professor Walen earned his B.A. summa cum laude at the University of Maryand, College Park, in 1987. He then won a National Melon Fellowship in the Humanities, and earned a Ph.D. in Philosophy at the University of Pittsburgh in 1993. He earned his J.D. from Harvard in 1998. He was a fellow at the Center for Ethics and the Professions at Harvard University from 1996-97. He clerked for District Court Judge Nancy Gertner (1998-99), and worked for the D.C. office of what was then known at the law firm Mayer, Brown and Platt (1999-2000).

His academic work has ranged over topics in moral philosophy, criminal law, constitutional law, and national security law. His current projects can be grouped under two headings: (1) a liberal account of when detention is justifiable, and (2) an examination of rights, intentions and permissibility. Both of these are book projects. The first is now under contract at Oxford University Press, under the title: "Detention in a Liberal State."



  • "The Restricting Claims Principle Revisited," Law and Philosophy (forthcoming).
  • "The Use and Abuse of Definitions in Constitutional Law; A Critique of Justice Roberts’s Dissent in Obergefell v. Hodges," Vienna Journal on International Constitutional Law (forthcoming).
  • "Constitutional Rights for Nonresident Aliens; A Doctrinal and Normative Argument," Drexel Law Review (forthcoming).
  • "Proof Beyond a Reasonable Doubt; A Balanced Retributive Account," 76 Louisiana Law Review (2015): 355-446.
  • "Fourth Amendment Rights for Nonresident Aliens," The German Law Journal 16 (2015):1131-1162.
  • "Transcending the Means Principle," Law and Philosophy 33 (2014): 427-464.
  • "Human Dignity and Proportionality: Deontic Pluralism in Balancing," in Huscroft, Miller and Webber (eds.) Proportionality and the Rule of Law: Rights, Justification, Reasoning (Cambridge University Press, 2014): 67-89 (with Mattias Kumm).
  • "Justice," in Gregory Claeys (ed.) Encyclopedia of Modern Political Thought (Sage Press, 2013): 463-466.
  • "Comment on Slobogin," in Michael Corrado (ed.) Preventing Danger: New Paradigms in Criminal Justice 161 (Carolina Press, 2013): 161-166.
  • "Reflections on Theorizing About the Moral Foundations of the Law: Using the Laws Governing Detention as a Case Study," in S. Vöneky et al (eds.) Ethics and Law--The Ethicalization of Law (Springer Press, 2013): 103-126.
  • "Wrongdoing Without Motives: Why Tadros is Wrong About Wrongdoing and Motivation, Law and Philosophy," Law and Philosophy 32 (2013): 217-240.
  • "Agents, Impartiality, and the Priority of Claims over Duties; Diagnosing Why Thomson Still Gets the Trolley Problem Wrong by Appeal to the “Mechanics of Claims," Journal of Moral Philosophy 9 (2012): 545-571 (with David Wasserman).
  • "Potholes on the Path to Purity: Gideon Yaffe's Overly Ambitious Attempt to Account for Criminal Attempts,"Criminal Law and Philosophy 6 (2012): 383-386.
  • "A Punitive Precondition for Preventive Detention: Lost Status as an Element of a Just Punishment,"San Diego Law Review 63 (2011):1229-1272.
  • "Transcending, but not Abandoning, the Combatant-Civilian Distinction: A Case Study," Rutgers Law Review 63 (2011):1149-1168. 
  • "Criminalizing Statements of Terrorist Intent: How to Understand the Law Governing Terrorist Threats, and Why It Should be Used Instead of Long-Term Preventive Detention," Journal of Criminal Law and Criminology 101 (2011): 803-854.
  • "A Unified Theory of Detention, with Application to Preventive Detention for Suspected Terrorists,"Maryland Law Review 70 (2011): 871-938.
  • "Crime, Culpability and Moral Luck; Comment on Alexander, Ferzan and Morse,"Law and Philosophy 29 (2010): 373-384.
  • "Constitutional Rights for Nonresident Aliens," Philosophy and Public Policy Quarterly 29 (Summer/Fall 2009): 2-6.
  • "Judicial Review in Review: A Four-Part Defense of Legal Constitutionalism. A Review Essay on Political Constitutionalismby Richard Bellamy," International Journal of Constitutional Law 7 (2009):329-354.
  • "Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility," Criminal Law and Philosophy 3 (2009): 71-78. 
  • "Crossing a Moral Line: Long-Term Preventive Detention in the War on Terror," Philosophy and Public Policy Quarterly 28 (Summer/Fall 2008): 15-21.
  • "Detention in the “War on Terror”: Constitutional Interpretation Informed by the Law of War," ILSA Journal of International & Comparative Law 14 (2008): 45-97 (with Ingo Venzke).
  • "Unconstitutional Detention of Nonresident Aliens: Revisiting the Supreme Court’s Treatment of the Law of War in Hamdi v. Rumsfeld," Heidelberg Journal of International Law 67 (2007): 843-885 (with Ingo Venzke).
  • "The Doctrine of Illicit Intentions," Philosophy and Public Affairs 34 (2006): 39-67.
  • "The Constitutionality of States Extending Personhood to the Unborn," Constitutional Commentary 22 (2005):161-179.
  • "Permissibly Encouraging the Impermissible," Journal of Value Inquiry 38 (2004):341-354.
  • "Chastened Ambitions: Mark Tushnet’s The New Constitutional Order," International Journal of Constitutional Law 2 (2004):195-205. 
  • "Criticizing the Obligatory Acts of Lawyers: A Response to Markovits’s Legal Ethics from the Lawyer’s Point of View," Yale Journal of Law and the Humanities 16 (2004):1-43.
  • "Reasonable Illegal Force: Justice and Legitimacy in a Pluralistic, Liberal Society," Ethics 111 (2001):344-373.
  • "The Significance of Rawls's Law of Peoples; A Response to Lea Brilmayer," International Legal Theory 6 (2000):51-57. 
  • "Consensual Sex Without Assuming the Risk of Carrying an Unwanted Fetus; Another Foundation for the Right to an Abortion," Brooklyn Law Review 63 (1997): 1051-1140.
  • "The ‘Defense of Marriage Act’ and Authoritarian Morality,"The William and Mary Bill of Rights Journal 5 (1997): 619-642.
  • "Doing, Allowing, and Disabling: Some Principles Governing Deontological Restrictions," Philosophical Studies 80 (1995): 183-215.

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