John Fabian Witt

Yale University - Law School

Professor of Law and History

P.O. Box 208215

New Haven, CT 06520-8215

United States

SCHOLARLY PAPERS

23

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3,541

CITATIONS
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Top 47,755

in Total Papers Citations

6

Scholarly Papers (23)

1.

State Constitutions and American Tort Law: A History

Columbia Law School, Pub. Law Research Paper No. 04-67
Number of pages: 38 Posted: 10 Mar 2004
John Fabian Witt
Yale University - Law School
Downloads 686 (36,177)
Citation 1

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Torts, Tort Reform, State Constitutions,

2.

The Inevitability of Aggregate Settlement: An Institutional Account of American Tort Law

Vanderbilt Law Review, Vol. 57, 2004, Columbia Law and Economics Research Paper No. 252, Columbia Public Law Research Paper No. 04-71
Number of pages: 66 Posted: 04 May 2004 Last Revised: 03 Feb 2013
Samuel Issacharoff and John Fabian Witt
New York University School of Law and Yale University - Law School
Downloads 473 (58,568)
Citation 1

Abstract:

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Torts, Class Actions, Lawyers, Automobile Accidents, Employers' Liability, Asbestos

3.

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 378 (76,606)

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

4.

Two Conceptions of Suffering in War

Austin Sarat, ed., Knowing the Suffering of Others, University of Alabama Press, Forthcoming, Yale Law School, Public Law Working Paper No. 309
Number of pages: 50 Posted: 27 Sep 2013
John Fabian Witt
Yale University - Law School
Downloads 292 (102,365)
Citation 2

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proportionality, necessity, Francis Lieber, Henri Dunant, suffering, international humanitarian law, Red Cross, war

5.

The Internationalist Beginnings of American Civil Liberties

Duke Law Journal, Vol. 54, 2004
Number of pages: 55 Posted: 04 May 2004
John Fabian Witt
Yale University - Law School
Downloads 231 (130,585)

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Civil Liberties, Internationalism, International Law, Free Speech, First Amendment, Crystal Eastman, Roger Baldwin

6.

Workmen's Compensation and the Logics of Social Insurance

John Fabian Witt, THE ACCIDENTAL REPUBLIC: AMPUTEE WORKINGMEN AND DESTITUTE WIDOWS IN THE REMAKING OF AMERICAN LAW, Harvard University Press, 2003
Number of pages: 72 Posted: 18 May 2002
John Fabian Witt
Yale University - Law School
Downloads 231 (130,585)
Citation 2

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7.

Tort As Private Administration

Cornell Law Review, Vol. 105, No. 2, 2019
Number of pages: 57 Posted: 19 Apr 2019
Nathaniel Donahue and John Fabian Witt
Yale University, Law School and Yale University - Law School
Downloads 183 (162,440)

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torts, settlement, private administration, litigation, administration

8.

Contingency, Immanence, and Inevitability in the Law of Accidents

Columbia Public Law Research Paper No. 07-144
Number of pages: 37 Posted: 30 Apr 2007
John Fabian Witt
Yale University - Law School
Downloads 179 (165,750)
Citation 2

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9.

Form and Substance in the Law of Counterinsurgency Damages

Loyola of Los Angeles Law Review, Forthcoming, Columbia Public Law Research Paper No. 08-181
Number of pages: 20 Posted: 25 Feb 2008 Last Revised: 05 Sep 2008
John Fabian Witt
Yale University - Law School
Downloads 144 (199,407)

Abstract:

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Torts, Foreign Claims Act, counterinsurgency, damages, collateral damage, civilian, military, army, armed forces,

10.

A Lost Theory of American Emergency Constitutionalism

Law & History Review, 36:3, Forthcoming, Yale Law School, Public Law Research Paper No. 634
Number of pages: 41 Posted: 24 Mar 2018 Last Revised: 16 Aug 2018
John Fabian Witt
Yale University - Law School
Downloads 137 (207,588)

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Martial Law, Emergencies, Ex Parte Milligan, Francis Lieber, Civil War, Reconstruction, Slavery

11.

Inventing the War Crime: An Internal Theory

Virginia Journal of International Law, Vol. 59, No. 3, 2019
Number of pages: 58 Posted: 21 Apr 2019
Jessica Laird and John Fabian Witt
Yale University, Law School, Students and Yale University - Law School
Downloads 116 (235,877)

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history of international law, war crimes, laws of war, laws of armed conflict, humanitarian law, ius in bello

12.

The Czar and the Slaves: Two Puzzles in the History of International Arbitration

American Journal of International Law (2018)
Number of pages: 45 Posted: 19 Apr 2019
Bennett Ostdiek and John Fabian Witt
Yale University - Law School and Yale University - Law School
Downloads 112 (241,783)

Abstract:

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international arbitration, slavery, slave trade, War of 1812

13.

The Hands Lecture: Adjudication in the Age of Disagreement

Fordham Law Review, Vol. 86, No. 149, 2017, Yale Law School, Public Law Research Paper No. 641
Number of pages: 14 Posted: 01 Apr 2018 Last Revised: 07 Jun 2018
John Fabian Witt
Yale University - Law School
Downloads 104 (254,743)

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Second Circuit Court of Appeals, Adjudication, Disagreement, Legal History, Courts, Federal Courts

14.

The Fourteenth Amendment as an Ending: From Bayonet Justice to Paper Rights

Yale Law School, Public Law Research Paper No. 664
Number of pages: 31 Posted: 13 Feb 2019 Last Revised: 13 Mar 2019
Lisset M. Pino and John Fabian Witt
Yale University, Law School, Students and Yale University - Law School
Downloads 100 (261,590)

Abstract:

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Reconstruction, War Power, Fourteenth Amendment, Reconstruction Amendments, Legal History, Constitutional History

15.

Contract’s Revenge: The Waiver Society and the Death of Tort

Cardozo Law Review, Forthcoming
Number of pages: 23 Posted: 20 Apr 2019
Ryan Martins, Shannon Price and John Fabian Witt
Yale University, Law School, Students, Yale University, Law School, Students and Yale University - Law School
Downloads 88 (286,027)

Abstract:

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waivers, exculpatory contracts, torts, personal injury, contract, consumer contracts

16.

Two Humanitarianisms in Ambrose Bierce's 'An Occurrence at Owl Creek Bridge'

Yale Law School, Public Law Research Paper No. 636
Number of pages: 29 Posted: 24 Mar 2018 Last Revised: 22 Mar 2019
John Fabian Witt
Yale University - Law School
Downloads 87 (286,027)
Citation 1

Abstract:

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Humanitarianism, Francis Lieber, Henri Dunant, Red Cross, Laws of War, War

17.

The King and the Dean: Melvin Belli, Roscoe Pound, and the Common Law Nation

Columbia Public Law Research Paper No. 07-140
Posted: 29 Jan 2007
John Fabian Witt
Yale University - Law School

Abstract:

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torts, tort law, personal injury, administrative law, melvin belli, roscoe pound

18.

Elias Hill's Exodus

Columbia Public Law Research Paper No. 07-141
Posted: 29 Jan 2007
John Fabian Witt
Yale University - Law School

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Liberia, emigration, Reconstruction, Elias Hill

19.

The Pyramid and the Machine: Founding Visions of the Nation in the Life of James Wilson

Columbia Public Law Research Paper No. 07-142
Posted: 29 Jan 2007
John Fabian Witt
Yale University - Law School

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James Wilson, legal profession

20.

Patriots and Cosmopolitans: Hidden Histories of American Law

Columbia Public Law Research Paper No. 07-136, Patriots and Cosmopolitans: Hidden Histories of American Law, Harvard University Press, 2007
Posted: 28 Jan 2007
John Fabian Witt
Yale University - Law School

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History, Legal History, Law & Humanities

21.

Narrating Bankruptcy / Narrating Risk

Northwestern University Law Review, Vol. 98, pp. 303-333, Fall 2003
Posted: 06 Feb 2004
John Fabian Witt
Yale University - Law School

Abstract:

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bankruptcy, tort, inevitability, insurance, risk

22.

The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law

John Fabian Witt, THE ACCIDENTAL REPUBLIC: CRIPPLED WORKINGMEN, DESTITUTE WIDOWS, AND THE REMAKING OF AMERICAN LAW, Harvard University Press, January 2004, Copyright
Posted: 04 Feb 2004
John Fabian Witt
Yale University - Law School

Abstract:

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accident, tort, risk, administrative state, contingency, free labor, workers' compensation, social insurance, cooperative insurance, insurance, industrial safety

23.

Speedy Fred Taylor and the Ironies of Enterprise Liability

Columbia Law Review, Vol. 103, January 2003
Posted: 30 Nov 2002
John Fabian Witt
Yale University - Law School

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