Visit Professor Ellmann’s SSRN Author Page.
Books
And Justice For All: Arthur Chaskalson and the Struggle for Equality in South Africa (New South Books, 2020)
Lawyers and Clients: Critical Issues in Interviewing and Counseling, co-authored with R. Dinerstein, I. Gunning, K. Kruse, and A. Shalleck (West, 2009)
The Post-Apartheid Constitutions: Perspectives on South Africa’s Basic Law, co-edited with P. Andrews (Witwatersrand University Press & Ohio University Press, 2001)
In a Time of Trouble: Law and Liberty in South Africa’s State of Emergency (Clarendon Press, 1992)
Book Chapters
Essay in Eight Blocks Away: Memoirs of September 11, 2001, pgs. 11–16 (New York Law School, 2002)
“A Constitutional Confluence: American ‘State Action’ Law and the Application of South Africa’s Socioeconomic Rights Guarantees to Private Actors,” in The Post-Apartheid Constitutions: Perspectives on South Africa’s Basic Law, pgs. 444–480 (Witwatersrand University Press and Ohio University Press, 2001)
“Introduction: Towards Understanding South African Constitutionalism,” co-authored with P. Andrews, chapter in The Post-Apartheid Constitutions: Perspectives on South Africa’s Basic Law, pgs. 1–19 (Witwatersrand University Press and Ohio University Press, 2001)
“Cause Lawyering in the Third World,” Chapter 12 in Cause Lawyering: Political Commitments and Professional Responsibilities, pgs. 349–430 (Oxford University Press, 1998)
“Test Cases: Legal Battles and Latent Effects,” in Wyatt v. Stickney: Retrospect and Prospect, pgs. 181–190 (Grune & Stratton, 1981)
Articles
“The ‘Rule of Law’ and the Military Commission,” 51 New York Law School Law Review 761–799 (2006–07)
“The Rule of Law and the Achievement of Unanimity in Brown,”49 New York Law School Law Review, pgs. 741–784 (2004–05)
“Connection, Capacity and Morality in Lawyer-Client Relationships: Dialogues and Commentary,” co-authored with R. Dinerstein, I. Gunning, and A. Shalleck, 10 Clinical Law Review, pgs. 755–804 (2004)
“Weighing and Implementing the Right to Counsel,” 121 South African Law Journal, pgs. 318–338 (2004)
“Legal Interviewing and Counseling: An Introduction,” co-authored with R. Dinerstein, I. Gunning, and A. Shalleck, 10 Clinical Law Review 281–309 (2003)
“Racial Profiling and Terrorism,” 46 New York Law School Law Review 675–730 (2002–03)
“A Constitutional Confluence: American ‘State Action’ Law and the Application of South Africa’s Socioeconomic Rights Guarantees to Private Actors,” 45 New York Law School Law Review 21–75 (2001)
“To Live Outside the Law You Must be Honest: Bram Fischer and the Meaning of Integrity,” 26 North Carolina Journal of International Law and Commercial Regulations 767–798 (2001)
“Truth and Consequences,” 69 Fordham Law Review 895–937 (2000)
“Ethical Issues Panel Symposium: The Future of Legal Services: Legal and Ethical Implications of the LSC Restrictions,” 25 Fordham Urban Law Journal 357, 371–387 (1998)
“To Resign or Not to Resign,” 19 Cardozo Law Review 1047–1059 (1997)
“Introduction to Albie Sachs’ The Creation of South Africa’s Constitution,” 41 New York Law School Law Review 665–667 (1997)
“Judge Albie Sachs: Shaper of South Africa’s New Constitution,” 15 In Brief 16–17 (1997)
“Struggle and Legitimation,” 20 Law & Social Inquiry 339–348 (1995)
“Law and Legitimacy in South Africa,” 20 Law & Social Inquiry 407–479 (1995)
“On the Death Penalty, Copy South Africa,” New York Newsday, pgs. A41 (1995)
“Why Not a Clinical Lawyer-Journal?” co-authored with R. Hertz and I.R. Gunning, 1 Clinical Law Review 1–8 (1994)
“The New South African Constitution and Ethnic Division,” 26 Columbia Human Rights Law Review 5–44 (1994)
“The Ethic of Care as an Ethic for Lawyers,” 81 Georgetown Law Journal 2665–2726 (1993)
“Federalism Awry: The Structure of Government in the KwaZulu/Natal Constitution,” 9 South African Journal on Human Rights 165–176 (1993)
“The Separation of Powers in a Post-Apartheid South Africa,” 8 American University Journal of International Law and Policy 455–482 (1992–93)
“Client-Centeredness Multiplied: Individual Autonomy and Collective Mobilization in Public Interest Lawyers’ Representation of Groups,” 78 Virginia Law Review 1103–1173 (1992)
“Empathy and Approval,” 43 Hastings Law Journal 991–1015 (1992)
“Visions of Legitimation in Old and New South Africa: A Summary and Response,” 16 Legal Studies Forum 193–205 (1992)
“Lawyers Against the Emergency,” 6 South African Journal on Human Rights 228–250 (1990)
“A Constitution for All Seasons: Providing Against Emergencies in a Post-Apartheid Constitution,” 21 Columbia Human Rights Law Review 163–191 (1989)
“Legal Text and Lawyers’ Culture in South Africa,” 17 New York University Review of Law & Social Change 387–418 (1989)
“Who Are the Citizens of South Africa and Transkei?” 4 South African Journal on Human Rights 76–79 (1988)
“Lawyers and Clients,” 34 UCLA Law Review 717–779 (1987)
“Manipulation by Client and Context: A Response to Professor Morris,” 34 UCLA Law Review 1003–1022 (1987)
“Instructions on Death: Guiding the Jury’s Sentencing Discretion in Capital Cases,” 10(3) The Champion 20 (1986)
Editing
Clinical Research Institute, New York Law School Research Paper Series, co-edited with R. Marsico, (1998–2019)
Co-Editor in Chief, Clinical Law Review: A Journal of Lawyering and Legal Education (American Association of Law Schools, Clinical Legal Education Association and New York University School of Law, 1994–1997)
Editor, Symposium: Lawyering in Repressive States, 20 Law & Social Inquiry 339–599 (1995)
Other Writing
Blog Proprietor, Now Without Hesitation (2010–2019)
“Unjust Laws and Just Lawyers,” 4(3) The BLSA News Journal 3–4 (2001)
“Calling to Account,” Book Review of No One to Blame? In Pursuit of Justice in South Africa by George Bizos, 15 South African Journal on Human Rights 406–412 (1999)
Letter to the Editors, 5 Clinical Law Review 335–336 (1998)
“South African Constitution of 1993,” South Africa: The Countdown to Elections, Special Edition (Southern Africa Project of the Lawyers’ Committee for Civil Rights Under Law, 1994)
“South African Constitutional Amendments,” South Africa: The Countdown to Elections, Special Edition (Southern Africa Project of the Lawyers’ Committee for Civil Rights Under Law, 1994)
“Lawyering for Justice in a Flawed Democracy,” Book Review on Lawyers and Justice: An Ethical Study by David Luban, 90 Columbia Law Review 116–190 (1990)