Joseph Fishkin

UCLA Law School

SCHOLARLY PAPERS

17

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7,552

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4

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4

Scholarly Papers (17)

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1.

The Anti-Oligarchy Constitution

Boston University Law Review, Vol. 94, No. 671, 2014, U of Texas Law, Public Law Research Paper No. 561
Number of pages: 29 Posted: 02 May 2014 Last Revised: 03 May 2014
Joseph Fishkin and William E. Forbath
UCLA Law School and University of Texas at Austin - School of Law
Downloads 1,916 (13,163)
Citation 1

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2.

Asymmetric Constitutional Hardball

Columbia Law Review, Vol. 118, pp. 915-82, 2018
Number of pages: 68 Posted: 28 Feb 2018 Last Revised: 01 May 2018
Joseph Fishkin and David Pozen
UCLA Law School and Columbia University - Law School
Downloads 1,696 (15,911)
Citation 3

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constitutional law, constitutional politics, political parties, norms, conventions, polarization, partisanship, Congress, originalism, living constitutionalism, constitutional restorationism

3.

Wealth, Commonwealth, & the Constitution of Opportunity

NOMOS, Forthcoming, U of Texas Law, Public Law Research Paper No. UTPUB632
Number of pages: 53 Posted: 21 Jun 2015 Last Revised: 15 Mar 2016
Joseph Fishkin and William E. Forbath
UCLA Law School and University of Texas at Austin - School of Law
Downloads 663 (60,668)

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Equal opportunity, constitutional law, political economy, civil rights, libertarian constitutionalism, police powers, pursuit of happiness, democracy of opportunity, Jacksonian, Jeffersonian, Reconstruction, Populist, Progressive, New Deal, Great Society, Citizens United, NFIB v. Sebelius

4.

Evaluating Constitutional Hardball: Two Fallacies and a Research Agenda

Columbia Law Review Online, Vol. 119, pp. 158-72, 2019
Number of pages: 15 Posted: 13 Feb 2019 Last Revised: 14 May 2019
Joseph Fishkin and David Pozen
UCLA Law School and Columbia University - Law School
Downloads 470 (93,307)

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constitutional law, constitutional politics, constitutional norms, political parties, government shutdowns, Obama administration, Congress

5.

The Dignity of the South

123 Yale Law Journal Online 175 (2013), U of Texas Law, Public Law Research Paper No. 518
Number of pages: 22 Posted: 02 May 2013 Last Revised: 15 Jul 2013
Joseph Fishkin
UCLA Law School
Downloads 447 (98,881)

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Voting Rights Act, Election Law, Dignity, State Dignity, Equal Dignity, Federalism, Reconstruction, Reconstruction Amendments, Civil War

6.

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 (115,173)

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

7.

Weightless Votes

121 Yale Law Journal 1888 (2012), U of Texas Law, Public Law Research Paper No. 209
Number of pages: 23 Posted: 07 Jan 2012 Last Revised: 05 May 2012
Joseph Fishkin
UCLA Law School
Downloads 355 (128,781)

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election law, voting rights, vote dilution, one person one vote, reapportionment, redistricting, CVAP

8.

Equal Citizenship and the Individual Right to Vote

Indiana Law Journal, Vol. 86, p. 1289, 2011, U of Texas Law, Public Law Research Paper No. 188
Number of pages: 72 Posted: 18 Jan 2011 Last Revised: 24 Jun 2011
Joseph Fishkin
UCLA Law School
Downloads 339 (135,450)

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voting rights, vote denial, election law, election administration

9.

The How of Unequal Opportunity

40 Philosophical Topics 27 (2013), U of Texas Law, Public Law Research Paper No. 446
Number of pages: 18 Posted: 17 Apr 2013 Last Revised: 11 Feb 2014
Joseph Fishkin
UCLA Law School
Downloads 279 (166,180)

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Equal Opportunity, Unequal Opportunity, Egalitarianism, Bottlenecks

10.

The Anti-Bottleneck Principle in Employment Discrimination Law

Washington University Law Review, Forthcoming, U of Texas Law, Public Law Research Paper No. 634
Number of pages: 91 Posted: 28 May 2014 Last Revised: 10 Jun 2016
Joseph Fishkin
UCLA Law School
Downloads 271 (171,182)

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Discrimination, Employment Discrimination, Disparate Impact, Disparate Treatment, Equal Opportunity, Antidiscrimination Law, Credit History, Credit Check, Ban the Box, Re-Entry, Unemployment

11.

Taking Virtual Representation Seriously

59 William & Mary Law Review 1681 (2018), U of Texas Law, Public Law Research Paper No. 95
Number of pages: 49 Posted: 16 Feb 2018 Last Revised: 24 May 2018
Joseph Fishkin
UCLA Law School
Downloads 244 (190,002)

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Voting, Representation, Virtual Representation, One Person One Vote, Evenwel v. Abbott, Democratic Theory

12.

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 (365,559)

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

13.

Voting as a Positive Right: A Reply to Flanders

Alaska Law Review, Vol. 28, No. 29, 2011, U of Texas Law, Public Law Research Paper No. 197
Number of pages: 11 Posted: 12 Jun 2011
Joseph Fishkin
UCLA Law School
Downloads 111 (367,809)

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election law, voting rights, positive rights, negative rights, write-in votes

14.

Bottlenecks, Disability, and Preference-Formation: A Reply

Social Philosophy Today, volume 32 (2016)
Number of pages: 7 Posted: 20 Jul 2016
Joseph Fishkin
UCLA Law School
Downloads 96 (405,662)

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Bottlenecks, disability, opportunity pluralism, equal opportunity, preference-formation, global justice

15.

Character is Experience

Brookings Institution, Essays on Character and Opportunity 8 [eBook] (2014), U of Texas Law, Public Law Research Paper No. 622
Number of pages: 3 Posted: 03 Nov 2014
Joseph Fishkin
UCLA Law School
Downloads 63 (520,502)

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equal opportunity, heredity, environment, nature, nurture, character, experience

16.

Bottlenecks: A New Theory of Equal Opportunity - Preface to the Chinese Edition

Bottlenecks: A New Theory of Equal Opportunity (Chinese Edition), 2015, U of Texas Law, Public Law Research Paper No. UTPUB634
Number of pages: 6 Posted: 11 Aug 2015
Joseph Fishkin
UCLA Law School
Downloads 55 (550,854)

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Equal opportunity, opportunity, bottlenecks, egalitarianism, educational testing, household registration, Hukou

17.

From Subgroups to Bottlenecks: New Directions for the Empirical Study of Intergenerational Mobility — A Comment on Timothy Smeeding, 'Multiple Barriers to Economic Opportunity in the United States'

Russell Sage Foundation online materials, Forthcoming
Number of pages: 7 Posted: 19 Jun 2015
Joseph Fishkin
UCLA Law School
Downloads 43 (610,869)

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Social mobility, economic mobility, intergenerational mobility, equal opportunity, social class, opportunity, bottlenecks