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Joseph Fishkin

University of Texas at Austin - School of Law

Assistant Professor

727 East Dean Keeton Street

Austin, TX 78705

United States

http://www.utexas.edu/law/faculty/profile.php?id=jrf84

  • University of Texas at Austin - School of Law

SCHOLARLY PAPERS

16

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Top 9,063

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4,583

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Scholarly Papers (16)

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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
University of Texas at Austin - School of Law and University of Texas at Austin - School of Law
Downloads 724 (14,642)

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2.

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
University of Texas at Austin - School of Law
Downloads 285 (65,823)

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

3.

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
University of Texas at Austin - School of Law
Downloads 241 (98,171)

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voting rights, vote denial, election law, election administration

4.

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
University of Texas at Austin - School of Law
Downloads 239 (95,613)

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

5.

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
University of Texas at Austin - School of Law and Yale University - Law School
Downloads 164 (98,171)

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

6.

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
University of Texas at Austin - School of Law and University of Texas at Austin - School of Law
Downloads 130 (49,760)

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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

7.

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
University of Texas at Austin - School of Law
Downloads 128 (135,641)

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Equal Opportunity, Unequal Opportunity, Egalitarianism, Bottlenecks

8.

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
University of Texas at Austin - School of Law
Downloads 95 (133,259)

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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

9.

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
University of Texas at Austin - School of Law
Downloads 64 (288,956)

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

10.

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
University of Texas at Austin - School of Law and Yale University - Law School
Downloads 61 (280,313)

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

11.

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
University of Texas at Austin - School of Law
Downloads 22 (384,409)

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

12.

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
University of Texas at Austin - School of Law
Downloads 8 (451,400)

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

13.

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
University of Texas at Austin - School of Law
Downloads 7 (403,120)

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

14.

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
University of Texas at Austin - School of Law and Columbia University - Law School
Downloads 0 (25,391)

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

15.

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
University of Texas at Austin - School of Law
Downloads 0 (238,312)

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

16.

Bottlenecks, Disability, and Preference-Formation: A Reply

Social Philosophy Today, volume 32 (2016)
Number of pages: 7 Posted: 20 Jul 2016
Joseph Fishkin
University of Texas at Austin - School of Law
Downloads 0 (364,173)

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