Robert Post

Yale Law School

David Boies Professor of Law

P.O. Box 208215

New Haven, CT 06520-8215

United States

SCHOLARLY PAPERS

29

DOWNLOADS

10,591

SSRN CITATIONS

13

CROSSREF CITATIONS

29

Scholarly Papers (29)

1.

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 2,129 (7,323)
Citation 1

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

2.

Law and Cultural Conflict

Number of pages: 33 Posted: 19 Apr 2003
Robert Post
Yale Law School
Downloads 978 (24,823)
Citation 10

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3.

The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University

Yale Law School, Public Law Research Paper No. 619
Number of pages: 30 Posted: 01 Oct 2017 Last Revised: 11 Feb 2018
Robert Post
Yale Law School
Downloads 766 (35,011)

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constitutional law, first amendment, freedom of speech, universities, education

4.

Data Privacy and Dignitary Privacy: Google Spain, the Right to Be Forgotten, and the Construction of the Public Sphere

Duke Law Journal, Forthcoming, Yale Law School, Public Law Research Paper No. 598
Number of pages: 104 Posted: 17 Apr 2017 Last Revised: 08 Aug 2017
Robert Post
Yale Law School
Downloads 670 (41,928)
Citation 7

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privacy, Google Spain, freedom of speech, fair information practices, European Union, right to be forgotten, newspapers

5.

Theorizing Disagreement: Re-Conceiving the Relationship between Law and Politics

California Law Review, Forthcoming, Yale Law School, Public Law Working Paper No. 195
Number of pages: 42 Posted: 15 Jul 2009
Robert Post
Yale Law School
Downloads 600 (48,539)

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law, politics, wechsler, neutral principles, disagreement, legal process, statutory interpretation, avoidance canon, democratic constitutionalism, jurisprudence, constiutional law,

6.

Democracy and Equality

Law, Culture and the Humanities, Vol. 1, p. 142, 2005
Number of pages: 23 Posted: 30 Nov 2005
Robert Post
Yale Law School
Downloads 478 (64,670)

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Democracy, equality, self-government

7.

Compelled Commercial Speech

Yale Law School, Public Law Research Paper No. 519
Number of pages: 53 Posted: 02 Oct 2014 Last Revised: 14 May 2015
Robert Post
Yale Law School
Downloads 456 (68,473)
Citation 1

Abstract:

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First Amendment, commercial speech, compelled speech, constitutional law

8.

Reconciling Theory and Doctrine in First Amendment Jurisprudence

Number of pages: 35 Posted: 28 Feb 2000
Robert Post
Yale Law School
Downloads 425 (74,587)
Citation 1

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9.

Democratic Constitutionalism and Cultural Heterogeneity

Number of pages: 18 Posted: 07 Jun 2000
Robert Post
Yale Law School
Downloads 423 (74,986)
Citation 8

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10.

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
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 415 (76,755)

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

11.

Federalism, Positivism, and the Emergence of the American Administrative State: Prohibition in the Taft Court Era

William and Mary Law Review, Vol. 48, No. 1, 2006, Yale Law School, Public Law Working Paper No. 118
Number of pages: 184 Posted: 16 Nov 2006
Robert Post
Yale Law School
Downloads 382 (84,472)

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legal history, prohibition, positivism, administrative law, criminal procedure, constitutional law, united states supreme court

12.

Adam Smith's First Amendment

128 Harvard Law Review Forum 165 (2015) , Yale Law School, Public Law Research Paper No. 534
Number of pages: 18 Posted: 18 Mar 2015
Robert Post and Amanda Shanor
Yale Law School and University of Pennsylvania - The Wharton School
Downloads 364 (89,324)

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First Amendment, commercial speech, constitutional law

13.

The Constitutional Status of Commercial Speech

Number of pages: 109 Posted: 20 Jul 2000
Robert Post
Yale Law School
Downloads 363 (89,605)
Citation 3

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14.

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

Number of pages: 46 Posted: 16 Feb 2003
Robert Post and Reva Siegel
Yale Law School and Yale University - Law School
Downloads 358 (91,020)
Citation 1

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15.

Encryption Source Code and the First Amendment

Berkeley Technology Law Journal, Vol. 15, P. 713, 2000
Number of pages: 21 Posted: 10 Aug 2000
Robert Post
Yale Law School
Downloads 322 (102,550)
Citation 1

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The Logic of American Antidiscrimination Law

Number of pages: 63 Posted: 07 Jun 2000
Robert Post
Yale Law School
Downloads 314 (104,738)
Citation 1

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The Logic of American Antidiscrimination Law

Posted: 18 May 1999
Robert Post
Yale Law School

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The Logic of American Antidiscrimination Law

Posted: 07 Jun 2000
Robert Post
Yale Law School

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17.
Downloads 309 (107,214)
Citation 2

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18.

Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Legacy of Paul Mishkin

California Law Review, Vol. 95, 2007, Duke Law School Legal Studies Paper No. 138
Number of pages: 43 Posted: 03 Nov 2006 Last Revised: 04 Aug 2019
Robert Post and Neil Siegel
Yale Law School and Duke University School of Law
Downloads 192 (172,316)

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19.

Federalism in the Taft Court Era: Can it Be 'Revived'?

Number of pages: 111 Posted: 10 Apr 2002
Robert Post
Yale Law School
Downloads 173 (189,120)

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20.

The First Amendment and the Right(s) of Publicity

Yale Law Journal, Vol. 130, 2020, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2020-13, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 71 Posted: 14 Apr 2020 Last Revised: 07 Jul 2020
Robert Post and Jennifer E. Rothman
Yale Law School and Loyola Law School, Loyola Marymount University, Los Angeles
Downloads 156 (206,515)

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right of publicity, right of privacy, appropriation, misappropriation, First Amendment, free speech, privacy, torts, Zacchini

21.

Transparent and Efficient Markets: Compelled Commercial Speech and Coerced Commercial Associations in United Foods, Zauderer, and Abood

Yale Law School, Public Law Working Paper No. 115, Valparaiso University Law Review, Vol. 40, p. 555, 2006
Number of pages: 44 Posted: 04 May 2006
Robert Post
Yale Law School
Downloads 135 (232,281)

Abstract:

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commercial speech, First Amendment

22.

The Incomparable Chief Justiceship of William Howard Taft

Michigan State Law Review, Vol. 2020, No. 1, 2020
Number of pages: 187 Posted: 25 Jun 2020 Last Revised: 14 Jul 2020
Robert Post
Yale Law School
Downloads 93 (302,583)

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William Howard Taft, Judicial Reform, Judges' Bill, Judicial Conference, Legal History

23.

Tension in the Unitary Executive: How Taft Constructed the Epochal Opinion of Myers v. United States

Journal of Supreme Court History, 2020
Number of pages: 41 Posted: 08 Jun 2020 Last Revised: 25 Jun 2020
Robert Post
Yale Law School
Downloads 90 (308,849)

Abstract:

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constitutional law, separation of powers, unitary executive, William Howard Taft, legal history, constituitonal history

24.

Citizens Divided: Campaign Finance Reform and the Constitution

ROBERT POST, CITIZENS DIVIDED: CAMPAIGN FINANCE REFORM AND THE CONSTITUTION (Harvard University Press 2014)., Yale Law School, Public Law Research Paper No. 486
Posted: 09 Dec 2013
Robert Post
Yale Law School

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First Amendment, self-government, constitutional law, Campaign Finance, Citizens United, Election Law, legal history

25.

Constitutional Scholarship in the United States

International Journal of Constitutional Law, Vol. 7, Issue 3, pp. 416-423, 2009
Posted: 04 Jul 2009
Robert Post
Yale Law School

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26.

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

Posted: 02 May 2003
Robert Post and Reva Siegel
Yale Law School and Yale University - Law School

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27.

Censorship and Silencing

Getty Research Institute, 1998
Posted: 21 Jun 1999
Robert Post
Yale Law School

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28.

Defending the Lifeworld: Substantive Due Process in the Taft Court Era

Boston University Law Review, Vol. 78, P. 1489, 1998
Posted: 18 May 1999
Robert Post
Yale Law School

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29.

Race and Representation: Affirmative Action

Zone Books, 1999
Posted: 18 May 1999
Robert Post
Yale Law School

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