Daryl J. Levinson
Rights and Votes
121 Yale L.J. 1286. This Article explores the functional similarities, residual differences, and interrelationships between rights and votes, both conceived as tools for protecting minorities (or other vulnerable groups) from the tyranny of majorities (or other dominant social and political actors). The Article starts from the simple idea that the interests of vulnerable groups in collective decisionmaking processes can be...
Framing Transactions in Constitutional Law
111 Yale L.J. 1311 (2002) Common-law rules and adjudication are typically structured around discrete interactions between strangers. The unit of legal analysis, or "transaction," is intuitively defined by the discontinuous event that disrupted the otherwise unrelated lives of the parties; and the focus of adjudication is on the harm to the plaintiff, as measured by the marginal deviation from her...