Publications
Professor Bergelson’s book Victims’ Rights and Victims’ Wrongs: A Theory of Comparative Criminal Liability was published in 2009 by Stanford University Press.
Her most recent work includes “United States of America,” in: Sexual Offenses (Substantive Issues in Criminal Law) (Routledge Publishing, forthcoming in 2024); “United States of America,” in: Causation in Criminal Law (Substantive Issues in Criminal Law) (Routledge Publishing, forthcoming in 2023); “Sex and Sensibility: The Meaning of Sexual Consent,” in: Sexual Assault and Rape – What Can We Learn From and For Law Reform? (Oxford University Press) (2023); “United States of America,” in: Fault in Criminal Law: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law) (Routledge Publishing, 2022); “The Depths of Malice,” 53 Arizona St. L. J. 399 (2021); “Rationales—Rejected, Imagined, and Real. Provocation, Loss of Control, and Extreme Mental or Emotional Disturbance,” 72 Northern Ireland Legal Quarterly 363 (2021); “Justice and Mercy,” 71 Rutgers L. Rev. 959 (2020); “Vulnerability, Exploitation, and Choice” in: What is Wrong with Human Trafficking? (Hart Publishing 2019); “Duress is No Excuse,” 15 Ohio St. J. Crim. L. 395 (2018); “Consent to Pain” in: The Routledge Handbook of the Ethics of Consent (Routledge Publishing, 2018); “United States of America,” in: Homicide: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law) (Routledge Publishing, 2018); “Does Fault Matter?” 12 Crim. L. and Phil’y 375 (2018); “United States of America,” in: Consent: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law) (Routledge Publishing, 2017); “Sex, Lies, and Law: Rethinking Rape-by-Fraud” in: Legal Perspectives on State Power: Consent and Control (Cambridge Scholars Publishing, 2016); and “Self-Defense and Risks,” in: The Ethics of Self-Defense (Oxford University Press, 2016).
Among other recent articles are: “The Meaning of Consent,” 12 Ohio St. J. Crim. L. 171 (2014); “The Boundaries of the Criminal Law,” 7 Crim. L. and Phil’y 383 (2013); “The Duty to Protect the Victim – or the Duty to Suffer Punishment?” 32 Law and Phil’y 199 (2013); “Victimless Crimes,” in International Encyclopedia of Ethics (Hugh LaFollette et al., eds.) (Wiley-Blackwell, 2013); “Vice Is Nice but Incest Is Best: Problem of a Moral Taboo,” 7 Criminal Law and Philosophy 43 (2013); “Choice of Evils: In Search of a Viable Rationale,” 6 Crim. L. and Phil’y 289 (2012); “A Fair Punishment for Humbert Humbert: Strict Liability and Affirmative Defenses,” 14 New Crim. L. Rev. 55 (2011); “Justification or Excuse? Exploring the Meaning of Provocation,” 42 Texas Tech. L. Rev. 307 (2009); “The Case of Weak Will and Wayward Desire” in Criminal Law and Philosophy (2009); “Consent to Harm” in the Pace Law Review and also in The Ethics of Consent Theory and Practice (Alan Wertheimer & Franklin G. Miller, eds., Oxford University Press, 2009); “Justification or Excuse? Exploring the Meaning of Provocation” in the Texas Tech Law Review (2009); “The Right to Be Hurt: Testing the Boundaries of Consent” in the George Washington Law Review (2007); and “Rights, Wrongs, and Comparative Justifications” in the Cardozo Law Review (2007) and also in Law of Privileges — Journalists and Executives (R. Satyanarayana, ed., ICFAI University Press, 2009).
Professor Bergelson has served as a chair of the Association of American Law Schools’ Section on Jurisprudence. As a Fulbright Specialist, she visited Hebrew University Law School in 2013, and as a Visiting Scholar, Melbourne University Law School in 2014. Professor Bergelson is on the editorial boards of Studies in Penal Theory and Ethics; BdeF and Edisofer (Buenos Aires and Madrid); Law and Philosophy; and The Journal of Criminal Law. Professor Bergelson is a 2018 winner of the Greg Lastowka Award for Scholarly Excellence.