Richard H. Pildes

New York University School of Law

Professor of Law

40 Washington Square South

New York, NY 10012-1099

United States

SCHOLARLY PAPERS

52

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48

CROSSREF CITATIONS

80

Scholarly Papers (52)

1.

Democracy, Anti-Democracy, and the Canon

Constitutional Commentary, Vol. 17, 2000
Number of pages: 25 Posted: 13 Jul 2000 Last Revised: 18 Oct 2013
Richard H. Pildes
New York University School of Law
Downloads 3,480 (4,673)
Citation 5

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2.

Separation of Parties, Not Powers

Harvard Law Review, 2006, NYU Law School, Public Law Research Paper No. 06-07, Harvard Public Law Working Paper No. 131
Number of pages: 74 Posted: 21 Mar 2006
Daryl J. Levinson, Daryl J. Levinson and Richard H. Pildes
New York University School of LawNew York University School of Law and New York University School of Law
Downloads 3,189 (5,419)
Citation 4

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3.

How Behavioral Economics Trims Its Sails and Why

Harvard Law Review, Vol. 127, 2014, NYU Law and Economics Research Paper No. 13-29
Number of pages: 87 Posted: 27 Sep 2013 Last Revised: 11 Mar 2014
Ryan Bubb and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 2,280 (9,238)
Citation 8

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4.

Why the Center Does Not Hold: The Causes of Hyperpolarized Democracy in America

California Law Review, Vol. 99, 2011, NYU School of Law, Public Law Research Paper No. 10-47
Number of pages: 63 Posted: 24 Jul 2010 Last Revised: 17 Jul 2013
Richard H. Pildes
New York University School of Law
Downloads 1,546 (17,213)
Citation 4

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Political Parties, Political Polarization, Government, Democracy, Gerrymandering, Primary Elections, Campaign Finance

5.

Is the Supreme Court a 'Majoritarian' Institution?

Supreme Court Review, 2010, NYU School of Law, Public Law Research Paper No. 11-01
Number of pages: 55 Posted: 01 Jan 2011 Last Revised: 12 Jan 2011
Richard H. Pildes
New York University School of Law
Downloads 1,289 (22,625)
Citation 6

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Supreme Court, judicial review, judicial independence, law and politics

6.

The Constitutionalization of Democratic Politics - the Supreme Court, 2003 Term

Number of pages: 128 Posted: 18 Feb 2005
Richard H. Pildes
New York University School of Law
Downloads 884 (38,854)
Citation 2

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constitutional law, democracy, supreme court, election law, comparative constitutional law

7.

Drones and the Dilemma of Modern Warfare

Drone Wars: The Transformation of Armed Conflict and the Promise of Law, Peter Bergen and Daniel Rothenberg, eds., Cambridge University Press, 2013, NYU School of Law, Public Law Research Paper No. 13-34
Number of pages: 36 Posted: 23 May 2013 Last Revised: 01 Jun 2014
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 870 (39,681)

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national security, terrorism, drones, use of force, presidential power

8.

Competitive, Deliberative, and Rights-Oriented Democracy

Number of pages: 29 Posted: 30 Jun 2004
Richard H. Pildes
New York University School of Law
Downloads 865 (40,032)

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Democratic theory, deliberative democracy, competitive democracy, constitutional law and democracy, Posner

9.

Political Fragmentation in Democracies of the West

NYU School of Law, Public Law Research Paper No. 21-50
Number of pages: 71 Posted: 05 Oct 2021 Last Revised: 09 Mar 2022
Richard H. Pildes
New York University School of Law
Downloads 826 (42,634)

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democracy, political parties, governance

10.

Institutional Formalism and Realism in Constitutional and Public Law

2013 Supreme Court Review 1, NYU School of Law, Public Law Research Paper No. 14-09
Number of pages: 55 Posted: 19 Mar 2014 Last Revised: 16 Apr 2014
Richard H. Pildes
New York University School of Law
Downloads 812 (43,631)
Citation 2

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constitutional law, constitutional theory, comparative constitutional law, statutory interpretation, administrative law, federal courts, separation of powers, judicial review, voting rights, Voting Rights Act

11.

Elections

The Oxford Handbook of Comparative Constitutional Law, p. 529, Michel Rosenfeld and Andras Sajo, eds., Oxford Handbooks, July 2012, NYU School of Law, Public Law Research Paper No. 12-63
Number of pages: 18 Posted: 25 Sep 2012 Last Revised: 15 Nov 2012
Richard H. Pildes
New York University School of Law
Downloads 788 (45,601)

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Comparative Constitutional Law, Democracy, Elections, Voting, Campaign Finance, Political Parties

12.

Romanticizing Democracy, Political Fragmentation, and the Decline of American Government

Yale Law Journal, Vol. 124, No. 3, 2014, NYU School of Law, Public Law Research Paper No. 15-02
Number of pages: 50 Posted: 13 Jan 2015 Last Revised: 15 May 2015
Richard H. Pildes
New York University School of Law
Downloads 701 (53,077)
Citation 3

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democracy, democratic theory, campaign finance, political parties, polarization, constitutional law

13.

The Legality of Ranked-Choice Voting

109 Calif. L. Rev. 1773 (2021), NYU School of Law, Public Law Research Paper No. 20-55
Number of pages: 73 Posted: 22 Apr 2020 Last Revised: 28 Oct 2021
Richard H. Pildes and G. Michael Parsons
New York University School of Law and New York University School of Law
Downloads 667 (56,534)

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Voting, Democracy, Constitutional Law, Ranked-Choice Voting, Alternative Voting, Voting Systems

14.

Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights During Wartime

Theoretical Inquiries in Law, Vol. 5 (2004), Columbia Law and Econ. Research Paper No. 233, Columbia Public Law Research Paper No. 03-57, NYU School of Law, Public Law Research Paper No. 64
Number of pages: 47 Posted: 31 Jul 2003 Last Revised: 14 Dec 2012
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 665 (56,765)
Citation 8

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national security, civil liberties, constitutional law

15.

Law and the President

Harvard Law Review, Vol. 125, p. 1381, 2012, NYU School of Law, Public Law Research Paper No. 12-13
Number of pages: 43 Posted: 15 Mar 2012 Last Revised: 07 Apr 2012
Richard H. Pildes
New York University School of Law
Downloads 652 (58,236)

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Presidential Power, Constitutional Law, Separation of Powers, Presidency

16.

Targeted Warfare: Individuating Enemy Responsibility

New York University Law Review, Vol. 88, 2013, NYU School of Law, Public Law Research Paper No. 12-40
Number of pages: 80 Posted: 15 Aug 2012 Last Revised: 13 Nov 2013
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 610 (63,414)

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National Security Law, Constitutional Law, Military Law, Terrorism, Public International Law, Laws of War, Detention, Targeted Killing

17.

Ten Works That Mattered Most

International Journal of Constitutional Law, Vol. 10, No. 3, p. 792, 2012, NYU School of Law, Public Law Research Paper No. 12-58
Number of pages: 8 Posted: 06 Oct 2012 Last Revised: 07 Nov 2012
Richard H. Pildes
New York University School of Law
Downloads 574 (68,538)

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18.

The Inherent Authoritarianism in Democratic Regimes

Number of pages: 27 Posted: 25 Mar 2003
Richard H. Pildes
New York University School of Law
Downloads 469 (87,825)
Citation 3

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19.

Means and Ends in Politics and Law: An Essay in Honor of Cass R. Sunstein

Tulsa Law Review, Forthcoming, NYU Law and Economics Research Paper No. 08-50, NYU School of Law, Public Law Research Paper No. 08-49
Number of pages: 14 Posted: 19 Sep 2008 Last Revised: 16 Nov 2008
Richard H. Pildes
New York University School of Law
Downloads 461 (89,673)

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Government, Public Policy, Regulation, Default Rules, Behavioral Economics

20.

Ethnic Identity and Democratic Institutions: A Dynamic Perspective

CONSTITUTIONAL DESIGN FOR DESIGN FOR DIVIDED SOCIETIES: INTEGRATION OR ACCOMODATION?, Oxford University Press, 2008, NYU School of Law, Public Law Research Paper No. 08-45
Number of pages: 32 Posted: 06 Aug 2008 Last Revised: 18 Nov 2008
Richard H. Pildes
New York University School of Law
Downloads 411 (102,430)
Citation 1

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Democratic Institutions, Pluralism, Political Theory, Group Conflict, Ethnicity, Race, Constituitonal Theory

21.

Is Voting Rights Law Now at War with Itself?: Safe Election Districts Versus Coalitional Districts in the 2000s

Number of pages: 79 Posted: 07 Jun 2002
Richard H. Pildes
New York University School of Law
Downloads 341 (126,386)
Citation 1

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22.

What Kind of Right is 'The Right to Vote?'

Virginia Law Review in Brief, Vol. 93, pp. 43-50, April 23, 2007, NYU Law School, Public Law Research Paper No. 07-08
Number of pages: 9 Posted: 23 May 2007
Richard H. Pildes
New York University School of Law
Downloads 334 (129,169)

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democracy, vote, constitutional law, constitutional theory

23.

The Future of Voting Rights Policy: From Anti-Discrimination to the Right to Vote

Howard Law Journal, Vol. 49, No. 3, p. 741, 2006, NYU Law School, Public Law Research Paper No. 06-10
Number of pages: 35 Posted: 03 May 2006
Richard H. Pildes
New York University School of Law
Downloads 327 (132,127)

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Voting Rights, Civil Rights, Race and Politics, Minority Voting Rights, Representation, Democracy

24.

Political Parties and Constitutionalism

RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Rosalind Dixon, Tom Ginsburg, eds., Forthcoming, NYU School of Law, Public Law Research Paper No. 10-13
Number of pages: 21 Posted: 11 Feb 2010 Last Revised: 03 Mar 2010
Richard H. Pildes
New York University School of Law
Downloads 325 (132,966)

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political parties, comparative constitutionalism, democracy

25.

Separation of Powers, Independent Agencies, and Financial Regulation: The Case of the Sarbanes-Oxley Act

NYU Journal of Law and Business, Vol. 5, p. 485, 2009, NYU School of Law, Public Law Research Paper No. 10-01
Number of pages: 65 Posted: 29 Nov 2009 Last Revised: 05 Jan 2010
Richard H. Pildes
New York University School of Law
Downloads 295 (147,122)

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separation of powers, administrative law, independent agencies, financial regulation

26.

Populism and Institutional Design: Methods of Selecting Candidates for Chief Executive

93 New York University Law Review 647 (2018), UCLA School of Law, Public Law Research Paper No. 17-44, NYU School of Law, Public Law Research Paper No. 17-46
Number of pages: 63 Posted: 07 Nov 2017 Last Revised: 08 Nov 2018
Stephen Gardbaum and Richard H. Pildes
University of California, Los Angeles (UCLA) - School of Law and New York University School of Law
Downloads 293 (148,239)
Citation 3

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political parties, democracy, nominations, primaries, party leaders

27.

Keeping Legal History Meaningful

Number of pages: 23 Posted: 09 Apr 2003
Richard H. Pildes
New York University School of Law
Downloads 289 (150,355)
Citation 1

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constitutional history, constitutional law, race, voting rights, democracy, discrimination, Supreme Court

28.

Constitutionalizing Democratic Politics

Number of pages: 63 Posted: 17 Jul 2002
Richard H. Pildes
New York University School of Law
Downloads 281 (154,625)
Citation 3

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29.

Democracies in the Age of Fragmentation

California Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 22-34
Number of pages: 14 Posted: 24 May 2022 Last Revised: 19 Sep 2022
Richard H. Pildes
New York University School of Law
Downloads 264 (164,724)

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demoracy, social media, fragmentation, political parties, communications, protests, social movements

30.

Small-Donor Based Campaign-Finance Reform and Political Polarization

Yale Law Journal F., Vol. 129, 2019-20, NYU School of Law, Public Law Research Paper No. 20-01
Number of pages: 23 Posted: 05 Dec 2019 Last Revised: 17 Jan 2020
Richard H. Pildes
New York University School of Law
Downloads 259 (167,905)

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campaign finance, political participation, political polarization, small donors. democracy, elections

31.

The Constitution and Political Competition

Nova Law Review, Forthcoming, NYU Law School, Public Law Research Paper No. 06-11
Number of pages: 27 Posted: 09 May 2006
Richard H. Pildes
New York University School of Law
Downloads 253 (171,849)

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Constitution, Democracy, Elections, Political Competition, Gerrymandering, Competitive Elections

32.

Elections as a Distinct Sphere Under the First Amendment

MONEY, POLITICS, AND THE CONSTITUTION: BEYOND CITIZENS UNITED, M. Youn, ed., 2011, NYU School of Law, Public Law Research Paper No. 11-45
Number of pages: 32 Posted: 02 Jul 2011 Last Revised: 09 Jul 2011
Richard H. Pildes
New York University School of Law
Downloads 244 (177,862)

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Campaign Finance, First Amendment, Elections, Democracy, Democratic Theory, Constitutional Law

33.

The Constitutional Emergency Powers of Federal Courts

NYU School of Law, Public Law Research Paper No. 20-59
Number of pages: 10 Posted: 26 Jun 2020 Last Revised: 06 Nov 2020
Richard H. Pildes
New York University School of Law
Downloads 236 (183,667)

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voting, elections, democracy, federal courts, constitutional law, pandemic, virus

34.

Political Avoidance, Constitutional Theory, and the VRA

Yale Law Journal Pocket Part, Vol. 117, p. 148, 2007, NYU School of Law, Public Law Research Paper No. 08-38
Number of pages: 8 Posted: 03 Mar 2008 Last Revised: 12 Nov 2008
Richard H. Pildes
New York University School of Law
Downloads 234 (185,155)

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Constitution, Democracy, Elections, Voting Rights, Constitutional Theory, Political Process, Legislative Process

35.

The Legal Academy and the Temptations of Power: The Difficulty of Dissent

Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens, A. Sarat, ed., Cambridge University Press, 2012, NYU School of Law, Public Law Research Paper No. 12-70
Number of pages: 13 Posted: 28 Dec 2012 Last Revised: 04 Feb 2013
Richard H. Pildes
New York University School of Law
Downloads 224 (193,068)

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Academic Independence, Legal Scholarship, Legal Education, Political Dissent, Democracy

36.

Political Fragmentation and the Decline of Effective Government

Journal of Democracy (2021), Constitutionalism and a Right to Effective Governance (Cambridge University Press, Forthcoming), NYU School of Law, Public Law Research Paper No. 22-12
Number of pages: 26 Posted: 29 Jun 2021 Last Revised: 11 Mar 2022
Richard H. Pildes
New York University School of Law
Downloads 218 (198,118)

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37.

Epilogue: Bush v. Gore and the Constitutional Right to Vote

Michael Alvarez and Bernard Grofman (eds), Election Administration in the United States: The State of Reform After Bush v. Gore, Cambridge University Press, Forthcoming, NYU School of Law, Public Law Research Paper No. 13-05
Number of pages: 12 Posted: 03 Mar 2013
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 215 (200,666)

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38.

Supranational Courts and the Law of Democracy: The European Court of Human Rights

NYU School of Law, Public Law Research Paper No. 16-43
Number of pages: 36 Posted: 15 Sep 2016 Last Revised: 08 May 2017
Richard H. Pildes
New York University School of Law
Downloads 206 (208,736)

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Democracy, Judicial Review, Constitutional Law, Democratic Rights, Rights of Free Expression

39.

Free Enterprise Fund, Boundary-Enforcing Decisions, and the Unitary Executive Branch Theory of Government Administration

Duke Journal of Constitutional Law & Public Policy, Forthcoming, NYU School of Law, Public Law Research Paper No. 10-78
Number of pages: 21 Posted: 16 Sep 2010 Last Revised: 09 Nov 2010
Richard H. Pildes
New York University School of Law
Downloads 183 (231,887)

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40.

Why, or Why Not, Be an Originalist?

69 Cath. U. L. Rev. 683-721 (2020), NYU School of Law, Public Law Research Paper No. 22-18
Number of pages: 43 Posted: 06 Apr 2022 Last Revised: 07 Jun 2022
University of Virginia School of Law, Cornell Law School, New York University School of Law and Notre Dame Law School
Downloads 177 (238,651)

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constitutional law, originalism, originalist, positivism, sovereignty, statutory interpretation, legislative history

41.

Accommodating a Massive Surge in Absentee Voting

University of Chicago Law Review Online (2020 Forthcoming), NYU School of Law, Public Law Research Paper No. 20-58
Number of pages: 10 Posted: 22 Jun 2020
Richard H. Pildes
New York University School of Law
Downloads 175 (240,895)

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Voting, Elections, Democracy, Presidency

42.

The Decline of Legally Mandated Minority Representation

Ohio State Law Journal, Forthcoming, NYU School of Law, Public Law Research Paper No. 08-58
Number of pages: 24 Posted: 09 Nov 2007 Last Revised: 03 Dec 2008
Richard H. Pildes
New York University School of Law
Downloads 168 (249,355)

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Voting Rights, Civil Rights, Race and Politics, Minority Voting Rights, Representation, Democracy, Supreme Court

43.

The Historical Development of the U.S. Presidential Nominations Process

Forthcoming in The Best Candidate: Presidential Nomination in Polarized Times (E. Mazo ed.), NYU School of Law, Public Law Research Paper No. 19-34
Number of pages: 23 Posted: 11 Jun 2019 Last Revised: 12 Aug 2019
Richard H. Pildes
New York University School of Law
Downloads 138 (292,428)

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political parties, presidential nominations, President, primaries, elections

44.

Participation and Polarization

Penn. J. of Constitutional Law, 2020, NYU School of Law, Public Law Research Paper No. 20-34
Number of pages: 69 Posted: 30 Jun 2020 Last Revised: 24 Jul 2020
Richard H. Pildes
New York University School of Law
Downloads 128 (309,661)

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Campaign Finance, Democracy, Political Equality, Polarization

45.

The Unknown Justice Thomas: An Introduction to the Symposium

New York University Journal of Law & Liberty, Vol. 4, p. 475, 2009, NYU School of Law, Public Law Research Paper no. 10-48
Number of pages: 8 Posted: 02 Jul 2010 Last Revised: 10 Aug 2010
Richard H. Pildes
New York University School of Law
Downloads 109 (347,073)

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Supreme Court, Justice Thomas

46.

How Outside Money Makes Governing More Difficult

Election Law Journal, Forthcoming, NYU School of Law, Public Law Research Paper No. 20-40
Number of pages: 20 Posted: 11 Sep 2020
Mike Norton, Mike Norton and Richard H. Pildes
Stanford Law SchoolUniversity of Oxford - Nuffield College and New York University School of Law
Downloads 107 (351,494)

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campaign finance, political parties, political fragmentation, coalition building, statelegislatures, congress

47.

Election Law in an Age of Distrust

Stanford Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 22-24
Number of pages: 12 Posted: 28 Apr 2022 Last Revised: 19 Sep 2022
Richard H. Pildes
New York University School of Law
Downloads 50 (532,175)

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48.

The Legal Structure of Democracy

Oxford Handbook of Law and Politics, Forthcoming, NYU School of Law, Public Law Research Paper No. 08-46
Posted: 06 Aug 2008 Last Revised: 18 Nov 2008
Richard H. Pildes
New York University School of Law

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democracy, elections, voting, separatin of powers, democratic institutional design, constitutionalism

49.

The Future of the Voting Rights Act (Edited Book)

THE FUTURE OF THE VOTING RIGHTS ACT, David Epstein, Richard H. Pildes, Rodolfo O. de la Garza, Sharyn O'Halloran, eds., Russell Sage Foundation, September 2006, Cowles Foundation Discussion Paper, New York University Law School, Public Law Research Paper No. 06-28
Posted: 11 Sep 2006
Richard H. Pildes
New York University School of Law

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Voting Rights, Democracy, Civil Rights, Minority Rights, Equal Protection

50.

Expressive Theories of Law: A General Restatement

University of Pennsylvania Law Review, Vol. 148, P. 1503, 2000
Posted: 16 Aug 2000
Elizabeth Anderson and Richard H. Pildes
University of Michigan, Ann Arbor and New York University School of Law

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51.

Dworkin's Two Conceptions of Rights

Posted: 22 Jun 2000
Richard H. Pildes
New York University School of Law

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52.

Why Rights are Not Trumps: Social Meanings, Expressive Harms, and Constitutionalism

Posted: 18 Sep 1998
Richard H. Pildes
New York University School of Law

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