Judith Resnik
Forum
Time-In-Cell: Isolation and Incarceration
What is solitary confinement, and what has been constitutional law’s relationship to the practices of holding prisoners in isolation? One answer comes from Wilkinson v. Austin,1 a 2005 U.S. Supreme Court case discussing Ohio’s super-maximum security (“supermax”) prison, which opene…
Feature
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
Two developments frame this discussion: the demise of negotiated contracts as the predicate to enforcing arbitration obligations under the Federal Arbitration Act and the reorientation of court-based procedures to assimilate judges’ activities to t…
Tribute
Reading Reinhardt: The Work of Constructing Legal Virtue (Exempla Iustitiae)
120 Yale L.J. 539 (2010).
Article
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 provi…
Essay
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 t…