Reva Siegel

Yale University - Law School

Nicholas deB. Katzenbach Professor of Law

P.O. Box 208215

New Haven, CT 06520-8215

United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall

Berkeley, CA 94720-7200

United States

  • Yale University - Law School

    • Email
    • Tel: 203-432-6791
SCHOLARLY PAPERS

45

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Scholarly Papers (45)

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1.

Before Roe v. Wade: Voices that Shaped the Abortion Debate before the Supreme Court's Ruling

Yale Law School, Public Law Working Paper No. 257
Number of pages: 406 Posted: 19 Aug 2012 Last Revised: 07 Sep 2012
Linda Greenhouse and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 2,427 (5,724)
Citation 8

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book, Roe v. Wade, abortion, backlash, polarization, history, Supreme Court, primary sources, narrative, Nixon, 1972 campaign, politics, Republican

2.

Roe Rage: Democratic Constitutionalism and Backlash

Harvard Civil Rights-Civil Liberties Law Review, 2007, Yale Law School, Public Law Working Paper No. 131
Number of pages: 67 Posted: 04 Jun 2007
Robert Post and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 2,102 (7,299)
Citation 1

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abortion, democracy, constitution, roe, constitutionalism, klarman, eskridge, sunstein, backlash, popular constitutionalism, adjudication

3.

Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics

Yale Law Journal, Vol. 124, pp. 2516-2591, 2015, Yale Law School, Public Law Research Paper No. 533, UC Irvine School of Law Research Paper No. 2015-20
Number of pages: 76 Posted: 05 Feb 2015 Last Revised: 16 May 2015
Douglas NeJaime and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 1,362 (14,780)
Citation 1

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religion, accommodation, complicity, Hobby Lobby, Holt, contraception, abortion, marriage, exemptions, religious liberty, religious freedom, equality, liberty, healthcare, burwell

4.

Directions in Sexual Harassment Law: Introduction and Afterword

DIRECTIONS IN SEXUAL HARASSMENT LAW, Catharine A. MacKinnon and Reva B. Siegel, eds., Yale Press, 2004
Number of pages: 71 Posted: 18 Dec 2003
Catharine A. MacKinnon and Reva Siegel
University of Michigan Law School and Yale University - Law School
Downloads 1,216 (17,524)
Citation 1

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5.

Before (and After) Roe v. Wade: New Questions About Backlash

Yale Law Journal, Vol. 120, p. 2028, 2011, Yale Law School, Public Law Working Paper No. 228
Number of pages: 60 Posted: 31 Mar 2011 Last Revised: 30 Jan 2013
Linda Greenhouse and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 1,006 (23,278)
Citation 1

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6.

The New Politics of Abortion: An Equality Analysis of Woman-Protective Abortion Restrictions

University of Illinois Law Review, Baum Lecture, 2007, Yale Law School, Public Law Working Paper No. 119
Number of pages: 65 Posted: 20 Jan 2007
Reva Siegel
Yale University - Law School
Downloads 822 (31,077)
Citation 1

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abortion, equal protection, women, South Dakota, Roe, Casey, conservative

7.

The Difference a Whole Woman Makes: Protection for the Abortion Right After Whole Woman's Health

Yale Law Journal Forum, Vol. 126, 2016, Yale Law School, Public Law Research Paper No. 578
Number of pages: 18 Posted: 15 Sep 2016 Last Revised: 27 Sep 2016
Linda Greenhouse and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 756 (34,820)

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abortion, balancing, health, evidence, undue burden, Casey, privacy, substantive due process

8.

Community in Conflict: Same-Sex Marriage and Backlash

UCLA Law Review, Vol. 64, 2017, Yale Law School, Public Law Research Paper No. 595
Number of pages: 42 Posted: 10 Feb 2017 Last Revised: 05 Jun 2018
Reva Siegel
Yale University - Law School
Downloads 685 (39,870)
Citation 2

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Courts, Counter-Majoritarian, Social Movements, Consensus, Conflict, Constitutional Culture, Backlash, Same-Sex Marriage

9.

Casey and the Clinic Closings: When 'Protecting Health' Obstructs Choice

Yale Law Journal, Forthcoming, Yale Law School, Public Law Research Paper No. 549
Number of pages: 53 Posted: 24 Jun 2015 Last Revised: 01 Mar 2016
Linda Greenhouse and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 579 (49,785)
Citation 1

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abortion, Supreme Court, Casey, Carhart, dignity, liberty, health, women, pregnancy, potential life

10.

The Constitutionalization of Disparate Impact — Court-Centered and Popular Pathways

California Law Review, Vol. 106, 2019, Yale Law School, Public Law Research Paper No. 661
Number of pages: 22 Posted: 08 Jan 2019 Last Revised: 16 Jan 2019
Reva Siegel
Yale University - Law School
Downloads 577 (50,011)

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disparate impact, equal protection, civil rights, race discrimination, popular constitutionalism, Griggs, Trump, Roberts, discriminatory purpose, conflict

11.

The Unfinished Story of Roe V. Wade

REPRODUCTIVE RIGHTS AND JUSTICE STORIES (Melissa Murray, Kate Shaw & Reva Siegel eds., 2019, Forthcoming), Yale Law School, Public Law Research Paper No. 643
Number of pages: 22 Posted: 05 Jun 2018 Last Revised: 17 Sep 2018
Reva Siegel and Linda Greenhouse
Yale University - Law School and Yale Law School
Downloads 540 (54,292)

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abortion, liberty, equal protection, due process, privacy, Roe, social movements, religion, feminism,

12.

The American Civil Rights Tradition: Anticlassification or Antisubordination?

Issues in Legal Scholarship, The Origins and Fate of Antisubordination Theory: A Symposium on Owen Fiss's "Groups and the Equal Protection Clause," Vol. 2, BePress, 2002
Number of pages: 19 Posted: 18 Feb 2003
Jack M. Balkin and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 518 (57,244)
Citation 2

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13.

From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases

Yale Law Journal, Vol. 120, p. 1278, 2011, Yale Law School, Public Law Working Paper No. 225
Number of pages: 91 Posted: 19 Mar 2011 Last Revised: 30 Mar 2011
Reva Siegel
Yale University - Law School
Downloads 486 (62,007)
Citation 1

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14.

She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family

Harvard Law Review, Vol. 115, February 2002
Number of pages: 97 Posted: 13 Jan 2002
Reva Siegel
Yale University - Law School
Downloads 486 (62,143)
Citation 2

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15.

Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harm, and Pluralism

The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality (Susanna Mancini & MIchel Rosenfeld eds., Cambridge Univ. Press 2018, Forthcoming), UCLA School of Law Research Paper No. 16-02, Yale Law School, Public Law Research Paper No. 561
Number of pages: 47 Posted: 13 Jan 2016 Last Revised: 20 Jan 2018
Douglas NeJaime and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 471 (64,485)

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religious liberty, accommodation, exemptions, religous freedom, Hobby Lobby, Zubik, Eweida, transnational, comparative, reproductive rights, LGBT equality, abortion, contraception, same-sex marriage

16.

Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart

Yale Law Journal, Vol. 117, p. 101, 2008, Yale Law School, Public Law Working Paper No. 169
Number of pages: 216 Posted: 22 Sep 2008 Last Revised: 03 Feb 2009
Reva Siegel
Yale University - Law School
Downloads 458 (66,692)

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abortion, dignity, Carhart, Casey, Kennedy

17.

Sex Equality Arguments for Reproductive Rights: Their Critical Basis and Evolving Constitutional Expression

Emory Law Journal, Vol. 56, No. 4, 2007, Yale Law School, Public Law Working Paper No. 139
Number of pages: 29 Posted: 15 Jun 2007
Reva Siegel
Yale University - Law School
Downloads 448 (68,512)

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abortion, reproductive rights, roe, women, equal protection, due process, sex equality

18.

The Right's Reasons: Constitutional Conflict and the Spread of Woman-Protective Antiabortion Argument

Duke Law Journal, Forthcoming, Yale Law School, Public Law Working Paper No. 160
Number of pages: 50 Posted: 16 Apr 2008 Last Revised: 08 Aug 2008
Reva Siegel
Yale University - Law School
Downloads 410 (76,249)
Citation 1

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abortion, constitutional law, gender, culture, women's rights, conservatives, social movements, post-abortion syndrome, gonzales v. carhart, equal protection, Fourteenth Amendment, South Dakota

19.

Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1-5, 2016

Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1-5, 2016, UCLA School of Law, Public Law Research Paper No. 16-56, Yale Law & Economics Research Paper No. 566, Yale Law School, Public Law Research Paper No. 590
Number of pages: 461 Posted: 05 Dec 2016 Last Revised: 23 Jan 2017
Judith Resnik, Rosalie Abella, Marta Cartabia, Manuel Cepeda-Espinosa, Brenda Hale, Amy Kapczynski, Helen Keller, Harold Hongju Koh, Douglas A. Kysar, Douglas NeJaime, Robert Post, András Sajó, Reva Siegel, Patrick Weil and John Fabian Witt
Yale University - Law School, Supreme Court of Canada, Constitutional Court of Italy, Constitutional Court of Colombia, Supreme Court of the United Kingdom, Yale University - Law School, European Court of Human Rights, Yale Law School, Yale University - Law School, Yale University - Law School, Yale Law School, European Court of Human Rights, Yale University - Law School, Yale University - Law School and Yale University - Law School
Downloads 408 (76,700)

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global, constitutionalism, constitutional law, jurisprudence, procedure, civil, criminal, international law, courts, judges, judicial review, rights, liberties, human rights, sentencing

20.

Protecting the Constitution from the People: Juricentric Restrictions on Section Five Power

Indiana Law Journal, Vol. 78, No. 1, 2003
Number of pages: 46 Posted: 16 Feb 2003
Robert Post and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 353 (90,674)
Citation 1

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21.

Heller & Originalism's Dead Hand - In Theory and in Practice

Yale Law School, Public Law Working Paper No. 188
Number of pages: 27 Posted: 11 Mar 2009 Last Revised: 05 Jul 2010
Reva Siegel
Yale University - Law School
Downloads 326 (99,043)
Citation 3

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originalism, dead hand, social movement, collective memory, Heller, Parents Involved

22.

What Obergefell v. Hodges Should Have Said, Concurring Opinion

in What Obergefell v. Hodges Should Have Said (Jack Balkin ed., 2020), Yale Law School, Public Law Research Paper No. 582
Number of pages: 13 Posted: 13 Oct 2016 Last Revised: 12 Aug 2019
Douglas NeJaime and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 306 (106,250)
Citation 1

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Obergefell, same-sex marriage, marriage, due process, substantive due process, equality, equal protection, Lochner, Carolene Products

23.

ProChoiceLife: Asking Who Protects Life and How—And Why It Matters in Law and Politics

Indiana Law Journal, Forthcoming, Yale Law School, Public Law Research Paper No. 613
Number of pages: 26 Posted: 12 Sep 2017 Last Revised: 05 Jun 2018
Reva Siegel
Yale University - Law School
Downloads 301 (108,167)
Citation 1

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life, choice, reproduction, pregnancy, abortion, contraception, sexual education, health care, prochoice, prolife

24.

Contraception as a Sex Equality Right

Yale Law Journal Forum, Vol. 124, March 2015, Duke Law School Public Law & Legal Theory Series No. 2015-7, Yale Law School, Public Law Research Paper No. 528
Number of pages: 10 Posted: 20 Jan 2015 Last Revised: 29 Oct 2018
Neil Siegel and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 290 (112,518)

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25.

Race-Conscious But Race-Neutral: The Constitutionality of Disparate Impact in the Roberts Court

Alabama Law Review, Vol. 66, No. 3, p. 653, 2015, Forthcoming, Yale Law School, Public Law Research Paper No. 527
Number of pages: 37 Posted: 17 Dec 2014
Reva Siegel
Yale University - Law School
Downloads 280 (116,786)
Citation 1

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discrimination, equal protection, disparate impact, employment, fair housing

26.

'Struck' by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination

Duke Law Journal, Vol. 59, No. 4, 2010
Number of pages: 28 Posted: 17 May 2010 Last Revised: 29 Dec 2014
Neil Siegel and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 270 (121,376)

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sex discrimination, Justice Ginsburg

27.

Religious Accommodation, and Its Limits, in a Pluralist Society

Religious Freedom and LGBT Rights: Possibilities and Challenges for Finding Common Ground (Robin Fretwell Wilson & William N. Eskridge, Jr. eds., Cambridge Univ. Press 2018 Forthcoming), Yale Law School, Public Law Research Paper No. 625
Number of pages: 11 Posted: 01 Dec 2017
Douglas NeJaime and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 261 (125,767)

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religious liberty, religious accommodation, religious exemptions, religious freedom, LGBT rights, LGBT equality, reproductive rights, reproductive healthcare, abortion, contraception, marriage, same-sex marriage, third-party harm, pluralism

28.

Religious Exemptions and Antidiscrimination Law in Masterpiece Cakeshop

128 Yale Law Journal Forum 201 (2018), Yale Law School, Public Law Research Paper No. 646
Number of pages: 25 Posted: 30 Jul 2018 Last Revised: 16 Sep 2018
Douglas NeJaime and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 245 (134,131)
Citation 4

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Masterpiece, religious exemptions, public accommodations, same-sex marriage, free exercise, religious liberty, antidiscrimination

29.

Dignity and the Duty to Protect Unborn Life

In UNDERSTANDING HUMAN DIGNITY (Christopher McCrudden ed., 2014) Forthcoming, Yale Law School, Public Law Working Paper No. 294
Number of pages: 16 Posted: 26 Jul 2013
Reva Siegel
Yale University - Law School
Downloads 207 (157,775)
Citation 1

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abortion, Roe v. Wade, dignity, liberty, equality, life, German, women, constitutional, constitution, constitutionalize, conflict, court, courts, comparative

30.

Equality Arguments for Abortion Rights

UCLA Law Review Discourse, Vol. 60, 2013
Number of pages: 11 Posted: 12 Apr 2013
Neil Siegel and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 207 (157,775)

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Roe v. Wade, abortion rights, Supreme Court, Equal Protection clause, equality values

31.

Dignity and Sexuality: Claims on Dignity in Transnational Debates Over Abortion and Same-Sex Marriage

I•CON 10 (2012), 355-379, Yale Law School, Public Law Working Paper No. 259
Number of pages: 25 Posted: 30 Aug 2012
Reva Siegel
Yale University - Law School
Downloads 205 (159,201)

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dignity, abortion, arguments, constitution, same-sex relations, sexuality, debates

32.

Harris Lecture: Abortion and the 'Woman Question': Forty Years of Debate

Indiana Law Journal, Vol. 89, 2014, Yale Law School, Public Law Research Paper No. 544
Number of pages: 16 Posted: 04 Feb 2015
Reva Siegel
Yale University - Law School
Downloads 171 (187,397)
Citation 1

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abortion, Roe, constitution law, privacy, equality, life, women

33.

Pregnancy and Sex-Role Stereotyping, from 'Struck' to 'Carhart'

Ohio State Law Journal, Vol. 70, No. 4, 2009
Number of pages: 19 Posted: 13 Jun 2010
Neil Siegel and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 169 (189,396)

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sex discrimination, pregnancy, women, Ruth Bader Ginsburg

34.

Compelling Interests and Contraception

Connecticut Law Review, Vol. 47, May 2015, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2015-10, Yale Law School, Public Law Research Paper No. 541
Number of pages: 15 Posted: 03 Feb 2015 Last Revised: 01 Jun 2015
Neil Siegel and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 160 (198,544)

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35.

Backlash to the Future? From Roe to Perry

UCLA Law Review Discourse, 2013, Yale Law School, Public Law Working Paper No. 281
Number of pages: 4 Posted: 14 Mar 2013
Linda Greenhouse and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 146 (214,174)

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courts, Roe v. Wade, conflict, abortion, legislation, backlash, adjudication, engagement

36.

Blind Justice: Why the Court Refused to Accept Statistical Evidence of Discriminatory Purpose in Mccleskey V. Kemp—And Some Pathways for Change

Northwestern University Law Review, Vol. 112, Forthcoming, Yale Law School, Public Law Research Paper No. 642
Number of pages: 23 Posted: 21 May 2018 Last Revised: 07 Jun 2018
Reva Siegel
Yale University - Law School
Downloads 141 (220,227)

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race discrimination, equal protection, discriminatory purpose, statistical evidence, death penalty, implicit bias

37.

Griswold at 50: How Conflict Entrenched the Right to Privacy

124 Yale L.J. Forum (March 2015, Forthcoming), Yale Law School, Public Law Research Paper No. 535
Number of pages: 9 Posted: 05 Feb 2015 Last Revised: 24 Apr 2015
Reva Siegel
Yale University - Law School
Downloads 139 (222,830)

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Griswold, privacy, contraception, Bork, marriage

38.

The Nineteenth Amendment and the Democratization of the Family

Yale Law Journal, Forthcoming
Number of pages: 46 Posted: 05 Dec 2019 Last Revised: 14 Jan 2020
Reva Siegel
Yale University - Law School
Downloads 114 (258,830)

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Nineteenth Amendment, suffrage, vote, family, equal protection, intersectionality, Fourteenth Amendment, federalism, pregnancy, abortion, contraception

39.

Pregnancy as a Normal Condition of Employment: Comparative and Role-Based Accounts of Discrimination

William & Mary Law Review, Forthcoming, Yale Law School, Public Law Research Paper No. 627
Number of pages: 39 Posted: 31 Jan 2018
Reva Siegel
Yale University - Law School
Downloads 107 (270,735)

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pregnancy, discrimination, disparate treatment, disparate impact, accommodation, employment, pregnant worker fairness acts

40.

Introduction: Reproductive Rights and Justice Stories

Forthcoming, Reproductive Rights and Justice Stories
Number of pages: 10 Posted: 16 Jan 2020
Katherine Shaw, Reva Siegel and Melissa Murray
Yeshiva University - Benjamin N. Cardozo School of Law, Yale University - Law School and New York University, School of Law
Downloads 75 (338,539)

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reproductive rights, reproductive justice, abortion, contraception, sterilization, pregnancy, parentage, democratic constitutionalism

41.

The Pregnant Citizen, from Suffrage to the Present

Georgetown Law Journal, Forthcoming
Number of pages: 55
Reva Siegel
Yale University - Law School
Downloads 10

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equal protection, sex discrimination, pregnancy, citizenship, Nineteenth Amendment, employment discrimination, Geduldig, United States v. Virginia, stereotype, pregnant workers fairness act, accommodation

42.

Why Regulate Guns?

48(4) J.L. Med. & Ethics (forthcoming 2020)
Number of pages: 11
Joseph Blocher and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 9

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43.

Conscience Wars in the Americas

Latin American Law Review
Number of pages: 18
Reva Siegel and Douglas NeJaime
Yale University - Law School and Yale University - Law School
Downloads 5

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conscience, religious liberty, accommodation, reproductive rights, LGBT, SOGI, same-sex marriage, human rights, comparative constitutional law, transnational movements, pluralism, complicity

44.

2005-06 Brennan Center Symposium Lecture - Constitutional Culture, Social Movement Conflict and Constitutional Change: The Case of the De Facto Era

California Law Review, Vol. 94, pp. 1323-1419, 2006, Yale Law School, Public Law Working Paper No. 129
Posted: 20 Feb 2007
Reva Siegel
Yale University - Law School

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ERA, equal rights, sex discrimination, women, 1970s, constitutional law, social movements

45.

Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act

Yale Law Journal, Vol. 112, p. 1943, 2003
Posted: 02 May 2003
Robert Post and Reva Siegel
Yale Law School and Yale University - Law School

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