Heather Gerken

Yale University - Law School

J. Skelly Wright Professor of Law

P.O. Box 208215

New Haven, CT 06520-8215

United States

  • Yale University - Law School

SCHOLARLY PAPERS

32

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Scholarly Papers (32)

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1.

Uncooperative Federalism

Yale Law Journal, Vol. 118, 2009, Yale Law School, Public Law Working Paper No. 166
Number of pages: 55 Posted: 12 Sep 2008 Last Revised: 06 Dec 2010
Jessica Bulman-Pozen and Heather Gerken
Columbia University - Law School and Yale University - Law School
Downloads 1,272 (24,572)
Citation 1

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federalism, autonomy, sovereignty, dissent, cooperative federalism, commandeering, preemption, Printz

2.

The Myth of the Laboratories of Democracy

122 Colum. L. Rev. 2187 (2022)
Number of pages: 54 Posted: 11 Aug 2021 Last Revised: 13 Dec 2022
Charles Tyler and Heather Gerken
George Washington University - Law School and Yale University - Law School
Downloads 662 (60,908)

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3.

Foreword: Federalism All the Way Down

Harvard Law Review, Vol. 124, No. 1, p. 6, 2010, Yale Law & Economics Research Paper No. 421, Yale Law School, Public Law Working Paper No. 219
Number of pages: 73 Posted: 05 Dec 2010 Last Revised: 14 Jan 2011
Heather Gerken
Yale University - Law School
Downloads 642 (63,369)
Citation 15

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Federalism, localism, separation of powers, checks and balances, race, equality, dissent, First Amendment, Fourteenth Amendment, diffusion of power, principal agent problem, servant, sovereignty, special-purpose institutions, administrative law, diversity, voice, exit

4.

Second-Order Diversity

Harvard Law Review, Vol. 118, No. 4, February 2005, Harvard Public Law Working Paper No. 108
Number of pages: 97 Posted: 24 Nov 2004 Last Revised: 23 May 2008
Heather Gerken
Yale University - Law School
Downloads 581 (71,999)
Citation 1

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5.

Dissenting by Deciding

Number of pages: 61 Posted: 30 Mar 2005
Heather Gerken
Yale University - Law School
Downloads 511 (84,437)

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dissent, local government, jury, First Amendment, federalism, politics of recognition, identity, race, democracy, Sunstein, self-governance, gay marriage

6.

Federalism as the New Nationalism: An Overview

Yale Law Journal, Vol. 123, 2014, Yale Law School, Public Law Research Paper No. 500
Number of pages: 30 Posted: 10 Apr 2014
Heather Gerken
Yale University - Law School
Downloads 448 (98,793)
Citation 1

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Federalism, natonalism, nationalist school, cooperative federalism

7.

The Right to Vote: Is the Amendment Game Worth the Candle?

William & Mary Bill of Rights, Vol. 23, No. 1, 2015, Yale Law School, Public Law Research Paper No. 531
Number of pages: 16 Posted: 21 Feb 2015
Heather Gerken
Yale University - Law School
Downloads 438 (101,468)

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Right to vote, constitutional amendment

8.

Windsor's Mad Genius: The Interlocking Gears of Rights and Structure

Boston University Law Review, Vol 95, 2015, Yale Law School, Public Law Research Paper No. 529
Number of pages: 27 Posted: 16 Feb 2015
Heather Gerken
Yale University - Law School
Downloads 421 (106,277)

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Same-sex marriage, federalism, dignity, equality, rights, structure, Windsor

9.

The Party's Over: McCutcheon, Shadow Parties, and the Future of the Party System

Supreme Court Review, Vol. 2015, No. 1, 2015, Yale Law School, Public Law Research Paper No. 546, U of Texas Law, Public Law Research Paper No. UTPUB631
Number of pages: 28 Posted: 13 Jun 2015
Joseph Fishkin and Heather Gerken
UCLA Law School and Yale University - Law School
Downloads 392 (115,395)

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Political parties, campaign finance, McCutcheon v. FEC, shadow parties

10.

Keynote Address: What Election Law Has to Say to Constitutional Law

Indiana Law Journal, Forthcoming, Yale Law School, Public Law Working Paper, 209
Number of pages: 15 Posted: 03 Jun 2010 Last Revised: 28 Sep 2010
Heather Gerken
Yale University - Law School
Downloads 346 (132,731)

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Election Law, Constitutional Law, Electoral Law Exceptionalism, Equal Protection, Rights, Structure

11.

The Political Safeguards of Horizontal Federalism

Michigan Law Review, Forthcoming, Yale Law School, Public Law Research Paper No. 509
Number of pages: 64 Posted: 06 Jun 2014
Heather Gerken and Ari Holtzblatt
Yale University - Law School and WilmerHale LLC
Downloads 306 (151,221)

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12.

Justice Kennedy and the Domains of Equal Protection

Harvard Law Review, Vol. 13, No. 1, 2007
Number of pages: 29 Posted: 21 Sep 2007
Heather Gerken
Yale University - Law School
Downloads 295 (157,041)

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race, equal protection, desegregation, Parents Involved, domains, elections, Justice Kennedy

13.

Second-Order Diversity: An Exploration of Decentralization's Egalitarian Possibilities

Yale Law School, Public Law Research Paper No. 591
Number of pages: 28 Posted: 12 Nov 2016
Heather Gerken
Yale University - Law School
Downloads 276 (168,331)
Citation 1

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race, dissent, federalism, localism, decentralization, equality

14.

Federalism and Nationalism: Time for a Détente?

St. Louis University Law Journal, Vol. 59, No. 997, 2015, Yale Law School, Public Law Research Paper No. 552
Number of pages: 48 Posted: 04 Sep 2015
Heather Gerken
Yale University - Law School
Downloads 259 (179,457)

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federalism, new nationalism, detente, process federalism, political safeguards of federalism, constitutional law, cooperative federalism

15.

Larry and Lawrence

Tulsa Law Review, Vol. 20, 2008, Yale Law School, Public Law Working Paper No. 156
Number of pages: 14 Posted: 20 May 2008
Heather Gerken
Yale University - Law School
Downloads 241 (192,645)

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same-sex marriage, liberty, equality, gay rights, LGBT, substantive due process, equal protection

16.

The Taft Lecture: Living Under Someone Else's Law

University of Cincinnati Law Review, Forthcoming, Yale Law School, Public Law Research Paper No. 573
Number of pages: 22 Posted: 14 Aug 2016
Heather Gerken
Yale University - Law School
Downloads 238 (194,963)

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federalism, vertical federalism, horizontal federalism, democracy, sovereignty

17.

Lost in the Political Thicket: The Court, Election Law, and the Doctrinal Interregnum

Number of pages: 43 Posted: 24 Nov 2004
Heather Gerken
Yale University - Law School
Downloads 236 (196,581)
Citation 1

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18.

Exit, Voice, and Disloyalty

Duke Law Journal, Vol. 62, pp. 1349-1386, 2013, Yale Law School, Public Law Working Paper No. 289
Number of pages: 38 Posted: 23 Apr 2013
Heather Gerken
Yale University - Law School
Downloads 233 (199,038)

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First Amendment, voice, exit, loyalty, federalism, elections, democracy, minorities, decentralization, localism

19.

Getting from Here to There in Redistricting Reform

Duke Journal of Constitutional Law & Public Policy, Vol. 5, No. 1, pp. 1-15, 2010, Yale Law School, Public Law Working Paper No. 213
Number of pages: 16 Posted: 03 Jun 2010 Last Revised: 28 Sep 2010
Heather Gerken
Yale University - Law School
Downloads 233 (199,038)

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Redistricting, Reform, Elections, Partisanship, Nonpartisan Districting, Model Districting Commissions

20.

The Hydraulics of Constitutional Reform: A Skeptical Response to Our Undemocratic Constitution

Drake Law Review, 2007
Number of pages: 18 Posted: 21 Sep 2007
Heather Gerken
Yale University - Law School
Downloads 226 (204,924)
Citation 1

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Article V, Constitution, amendment, informal amendment, popular constitutionalism, social movements

21.

A Third Way for the Voting Rights Act: Section 5 and the Opt-In Approach

Harvard Public Law Working Paper No. 118
Number of pages: 43 Posted: 25 Aug 2005
Heather Gerken
Yale University - Law School
Downloads 223 (207,541)

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Voting Rights Act, Section 5, race, voting, election law, responsive regulation, political participation

22.

Of Sovereigns and Servants

Yale Law Journal, Vol. 115, No. 9, 2006
Number of pages: 9 Posted: 24 Sep 2007
Heather Gerken
Yale University - Law School
Downloads 172 (262,054)

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sovereignty, autonomy, separation of powers, local government law, cities, executive power, administrative law

23.

The Federalis(m) Society

Harvard Journal of Law and Public Policy, Vol. 36, No. 3, 2013, Yale Law School, Public Law Working Paper No. 283
Number of pages: 7 Posted: 31 Mar 2013
Heather Gerken
Yale University - Law School
Downloads 154 (287,666)

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Federalism, Affordable Care Act, Sibelius, health care, cooperative federalism, uncooperative federalism, state power, autonomy

24.

Playing Cards in a Hurricane: Party Reform in an Age of Polarization

Houston Law Review, Forthcoming, Yale Law School, Public Law Research Paper No. 596
Number of pages: 8 Posted: 07 Jan 2017
Heather Gerken
Yale University - Law School
Downloads 147 (298,792)

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polarization, party reform, campaign finance

25.

The Loyal Opposition

Yale Law Journal, Vol. 123, 2014, Yale Law School, Public Law Research Paper No. 501
Number of pages: 37 Posted: 10 Apr 2014
Heather Gerken
Yale University - Law School
Downloads 126 (336,492)

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Loyal opposition, federalism, rights, diversity, dissent, race, equal protection, First Amendment, structure, nationalism

26.

Living Under Someone Else's Law

36 Democracy Journal 42, 2015
Number of pages: 11 Posted: 22 Mar 2015
Heather Gerken and James Dawson
Yale University - Law School and Yale University - Law School
Downloads 123 (342,549)

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federalism, democracy, spillovers, states, marijuana, immigration, guns, climate change

27.

Getting from Here to There in Election Reform: A Trio of Ideas

Number of pages: 6 Posted: 03 Jun 2010
Heather Gerken
Yale University - Law School
Downloads 114 (361,751)

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Election Reform, Districting Reform, Election Administration, Redistricting, Model Election Code, Model Districting Commission, Democracy Index

28.

The Two Trends that Matter for Party Politics

89 NYU Law Review Online 32 (2014), Yale Law School, Public Law Research Paper No. 524, U of Texas Law, Public Law Research Paper No. 621
Number of pages: 16 Posted: 31 Oct 2014
Joseph Fishkin and Heather Gerken
UCLA Law School and Yale University - Law School
Downloads 112 (366,316)

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shadow parties, campaign finance, polarization, campaign spending, McCutcheon, McCutcheon v. FEC

29.

Rashomon and the Roberts Court

Ohio State Law Journal, 2007, Yale Law School, Public Law Working Paper No. 144
Number of pages: 25 Posted: 26 Sep 2007
Heather Gerken
Yale University - Law School
Downloads 102 (390,757)

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Roberts Court, election law, LULAC, voting rights, vote dilution, race, voting, elections

30.

Shortcuts to Reform

Minnesota Law Review, Vol. 93, p. 1582, 2009, Yale Law School, Public Law Working Paper No. 219
Number of pages: 33 Posted: 03 Jun 2010
Heather Gerken
Yale University - Law School
Downloads 95 (409,408)

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Shortcuts, Heuristics, Election Reform, Election Administration, Democracy Index, Redistricting Reform, Redistricting, Model Election Code

31.

Slipping the Bonds of Federalism

Harvard Law Review, Vol. 128, p. 85, 2014
Number of pages: 39 Posted: 14 Aug 2016
Heather Gerken
Yale University - Law School
Downloads 81 (451,471)

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federalism, sovereignty, nationalism, bond

32.

The Double-Edged Sword of Independence: Inoculating Electoral Reform Commissions Against Everyday Politics

Election Law Journal, Vol. 6, April 2007
Posted: 21 Sep 2007
Heather Gerken
Yale University - Law School

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elections, commissions, reform, independence