Judith Resnik
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
Reading Reinhardt: The Work of Constructing Legal Virtue (Exempla Iustitiae)
120 Yale L.J. 539 (2010).
Law's Migration: American Exceptionalism, Silent Dialogues, and Federalism's Multiple Ports of Entry
115 Yale L.J. 1564 (2006) Legal theorists are engaged in understanding the legitimacy of techniques by which principles of rights-holding travel across borders. Sovereigntists in the United States object to that migration. The history of both protest about and the incorporation of "foreign" law provides important lessons for contemporary debates. Through examples from conflicts about slavery, the rights of women,...
Categorical Federalism: Jurisdiction, Gender, and the Globe
111 Yale L.J. 619 (2001) An absence of bounded categories may be unsettling but, in lieu of (false) comfort, multi-faceted federalism offers something else, hopefully more useful if less supportive. Under the rubric of multi-faceted federalism, the deployment of categories is accompanied by a sense that they are neither exclusive nor necessarily enduring. With an understanding that "the local" and...