Judith Resnik
Constituting Security and Fairness: Reflecting on Charles Reich’s Imagination and Impact
Charles Reich had remarkable insights into social structures, economic power, and human needs. His scholarship created bedrock principles of constitutional, administrative, and property law, and his insights have shaped statutes, regulations, the environmental movement, and people’s lives.
(Un)Constitutional Punishments: Eighth Amendment Silos, Penological Purposes, and People’s “Ruin”
Timbs v. Indiana reaffirms the Constitution's role in determining the bounds of licit punishment. This Essay weaves together doctrines that are often siloed but answer the same question: what can't governments do as punishment? I argue that the law has begun to build the principle that governments not set out to cause debilitation when they punish.
Gideon at Guantánamo: Democratic and Despotic Detention
122 Yale L.J. 2504 (2013). One measure of Gideon v. Wainwright is that it made the U.S. government’s efforts to isolate 9/11 detainees from all outsiders at Guantánamo Bay conceptually and legally unsustainable. Gideon, along with Miranda v. Arizona, is part of a democratic narrative shaped over decades to insist that, unlike totalitarian regimes, the United States has constitutional obligations...