Judith Resnik

Yale University - Law School

Arthur Liman Professor of Law

P.O. Box 208215

New Haven, CT 06520-8215

United States

  • Yale University - Law School

    • Email
    • Tel: 203-432-1447
    • Fax: 203-432-1719
SCHOLARLY PAPERS

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Scholarly Papers (102)

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1.

Administrative Segregation, Degrees of Isolation, and Incarceration: A National Overview of State and Federal Correctional Policies

Yale Law School, Public Law Working Paper No. 301
Number of pages: 64 Posted: 01 Jul 2013 Last Revised: 15 Jul 2021
Hope Metcalf, Jamelia Morgan, Samuel Oliker-Friedland, Judith Resnik, Julia Spiegel, Haran Tae, Alyssa Roxanne Work and Brian Holbrook
Yale Law School, University of California, Irvine School of Law, Independent, Yale University - Law School, Independent, Yale University - Law School, Independent and Independent
Downloads 1,828 (12,637)
Citation 3

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prisons, corrections, correctional management, correctional administration, penology, solitary confinement, administrative segregation, restricted housing, prison administration, prison reform, corrections reform

2.

Time-In-Cell: The ASCA-Liman 2014 National Survey of Administrative Segregation in Prison

Yale Law School, Public Law Research Paper No. 552
Number of pages: 155 Posted: 09 Sep 2015 Last Revised: 10 Nov 2015
Sarah Baumgartel, Corey Guilmette, Johanna Kalb, Diana Li, Josh Nuni, Devon Porter and Judith Resnik
affiliation not provided to SSRN, Yale University, Law School, Students, University of Idaho - College of Law, Yale University, Law School, Students, Yale University, Law School, Students, Yale Law School and Yale University - Law School
Downloads 894 (36,562)
Citation 9

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3.

Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights

124 Yale Law Journal 2015, Yale Law School, Public Law Research Paper No. 543
Number of pages: 136 Posted: 08 May 2015 Last Revised: 13 Jun 2015
Judith Resnik
Yale University - Law School
Downloads 841 (39,855)
Citation 6

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arbitration, privatization, rights, courts, First Amendment, due process

4.

Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs)

Arizona Law Review, Vol. 50, p. 709, 2008, Yale Law School, Public Law Working No. 174, Yale Law & Economics Research No. 372
Number of pages: 79 Posted: 24 Oct 2008 Last Revised: 26 Aug 2009
Judith Resnik, Joshua Civin and Joseph B. Frueh
Yale University - Law School, Hogan Lovells and affiliation not provided to SSRN
Downloads 527 (73,179)
Citation 2

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5.

Fairness in Numbers: A Comment on AT&T v. Concepcion, Wal-Mart v. Dukes, and Turner v. Rogers

Harvard Law Review, Vol. 125, p. 78, 2011, Yale Law School, Public Law Working Paper No. 241
Number of pages: 93 Posted: 20 Oct 2011
Judith Resnik
Yale University - Law School
Downloads 498 (78,435)

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6.

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
Judith Resnik, Rosalie Abella, Marta Cartabia, Manuel Cepeda-Espinosa, Brenda Hale, Amy Kapczynski, Helen Keller, Harold Hongju Koh, Douglas A. Kysar, Douglas NeJaime, Robert Post, András Sajó, Reva Siegel, Patrick Weil and John Fabian Witt
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 465 (85,244)

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

7.

Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell

Yale Law School, Public Law Research Paper No. 656
Number of pages: 197 Posted: 18 Oct 2018 Last Revised: 16 Sep 2020
Judith Resnik, Anna VanCleave, Kristen Bell, Alexandra Harrington, Gregory Conyers, Catherine McCarthy, Jenny Tumas and Annie Wang
Yale University - Law School, Yale University - Law School, Yale University - Law School, University at Buffalo Law School, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students and Yale University, Law School, Students
Downloads 378 (108,310)
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prisons, corrections, correctional administration, correctional management, penology, solitary confinement, restrictive housing, administrative segregation, prison administration, prison reform, corrections reform, constitutional law

8.

Representing Justice: From Renaissance Iconography to Twenty-First Century Courthouses

Proceedings of the American Philosophical Society, Vol. 151, No. 2, p. 139, 2007, Yale Law School, Public Law Working Paper No. 150
Number of pages: 46 Posted: 16 Dec 2007 Last Revised: 15 Dec 2009
Judith Resnik and Dennis E. Curtis
Yale University - Law School and Yale University - Law School
Downloads 346 (119,419)
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9.

Whither and Whether Adjudication?

Boston University Law Review, Vol. 86, p. 1101, 2006, Yale Law School, Public Law Working Paper No. 135
Number of pages: 55 Posted: 06 Apr 2007 Last Revised: 15 Dec 2009
Judith Resnik
Yale University - Law School
Downloads 295 (141,502)
Citation 1

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10.

Who Pays? Fines, Fees, Bail, and the Cost of Courts

Yale Law School, Public Law Research Paper No. 644
Number of pages: 223 Posted: 25 Apr 2018 Last Revised: 04 Sep 2020
Judith Resnik, Anna VanCleave, Kristen Bell, Jeffrey Selbin, Skylar Albertson, Natalia Friedlander, Illyana Green and Michael Morse
Yale University - Law School, Yale University - Law School, Yale University - Law School, University of California, Berkeley - School of Law, Yale University - Law School, Yale University, Law School, Students, Yale University, Law School, Students and University of Chicago Law School
Downloads 285 (146,701)
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debt, fines, fees, bail, courts, due process, risk assessment, proportionality, equality, general revenue, financing, user fees

11.

Constructing Courts: Architecture, the Ideology of Judging, and the Public Sphere

Law, Culture & Visual Studies (eds. Richard Sherwin and Anne Wagner, Springer Publishing Company), 2013, Yale Law School, Public Law Research Paper No. 514, Columbia Public Law Research Paper No. 14-402
Number of pages: 31 Posted: 13 Jun 2014 Last Revised: 19 Oct 2018
Judith Resnik, Dennis E. Curtis and Allison Anna Tait
Yale University - Law School, Yale University - Law School and University of Richmond - School of Law
Downloads 274 (153,184)
Citation 2

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judges, courts, courthouse design, democracy, France, U.S.

12.

Courts and Economic and Social Rights/Courts as Economic and Social Rights

The Future of Economic and Social Rights (Katharine G. Young, ed., Cambridge University Press, 2018), Yale Law School, Public Law Research Paper No. 603
Number of pages: 29 Posted: 23 Jun 2017 Last Revised: 18 Dec 2020
Judith Resnik
Yale University - Law School
Downloads 271 (154,339)
Citation 3

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social and economic rights, separation of power

13.

The Functions of Publicity and of Privatization in Courts and their Replacements (from Jeremy Bentham to #MeToo and Google Spain)

Open Justice: The Role of Courts in a Democratic Society, Burkhard Hess and Ana Koprivica (editors), Nomos, 2019, Yale Law School, Public Law Research Paper No. 659
Number of pages: 25 Posted: 26 Oct 2018
Judith Resnik
Yale University - Law School
Downloads 267 (157,274)
Citation 1

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Publicity, proof, courts, ADR, ODR, Bentham, #MeToo, Google

14.

Courts and Democracy: The Production and Reproduction of Constitutional Conflict

Courts and the Making of Public Policy, Oxford: Foundation for Law, Justice and Society, 2008, Yale Law School, Public Law Working Paper No. 164
Number of pages: 13 Posted: 25 Jun 2008 Last Revised: 03 Feb 2009
Judith Resnik
Yale University - Law School
Downloads 254 (164,751)

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Carhart, Roe v. Wade

15.

Reconstituting Constitutional Orders

2017 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights, Yale Law School, Public Law Research Paper No. 628
Number of pages: 437 Posted: 16 Dec 2017 Last Revised: 01 Nov 2018
Cristina Rodriguez, Manuel Cepeda-Espinosa, Harold Hongju Koh, Dieter Grimm, The Hon. Frank Iacobucci, Miguel Poiares Maduro, Kim Lane Scheppele, Kate Stith, Marta Cartabia, Tracey L. Meares, Tom Tyler, Carlos Rosenkrantz, Judith Resnik and Clare Ryan
Yale Law School, Constitutional Court of Colombia, Yale Law School, Wissenschaftskolleg zu Berlin, Supreme Court of Canada, European University Institute, Princeton School of Public and International Affairs, Princeton University, Yale University - Law School, Constitutional Court of Italy, Yale University - Law School, Yale University - Law School, University of San Andres (UMSA), Yale University - Law School and Louisiana State University, Baton Rouge - Paul M. Hebert Law Center
Downloads 246 (169,891)

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16.

Bordering by Law: The Migration of Law, Crimes, Sovereignty, and the Mail

J. Resnik, Bordering by Law: The Migration of Law, Crimes, Sovereignty, and the Mail, Nomos: Immigration, Emigration, and Migration, 79-201, ed. Jack Knight, 2017, Yale Law School, Public Law Research Paper No. 520
Number of pages: 100 Posted: 28 Aug 2014 Last Revised: 23 Dec 2016
Judith Resnik
Yale University - Law School
Downloads 241 (173,270)
Citation 1

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17.

Interdependent Federal Judiciaries: Puzzling about Why & How to Value the Independence of Which Judges

Daedalus, Vol. 137, No. 28, 2008, Yale Law School, Public Law Working Paper No. 193
Number of pages: 21 Posted: 22 Mar 2009 Last Revised: 10 May 2009
Judith Resnik
Yale University - Law School
Downloads 235 (177,593)

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18.

Federalism(s)'s Forms and Norms: Contesting Rights, De-Essentializing Jurisdictional Divides, and Temporizing Accommodations

Nomos LV: Federalism and Subsidiarity (James Fleming, ed., NYU Press, 2014), Yale Law School, Public Law Working Paper No. 304
Number of pages: 76 Posted: 29 Jun 2013 Last Revised: 15 Jan 2015
Judith Resnik
Yale University - Law School
Downloads 221 (188,116)

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federalism, margin of appreciation, habeas corpus

19.

Law's Migration: American Exceptionalism, Silent Dialogues, and Federalism's Multiple Ports of Entry

Yale Law Journal, Vol. 115, May 2006, Yale Law School, Public Law Working Paper No. 110
Number of pages: 108 Posted: 11 Apr 2006
Judith Resnik
Yale University - Law School
Downloads 217 (191,401)
Citation 3

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20.

Money and Punishment, Circa 2020

Yale Law & Economics Research Paper Forthcoming
Number of pages: 336 Posted: 12 Oct 2020
Anna VanCleave, Brian Highsmith, Brian Highsmith, Judith Resnik, Jeffrey Selbin, Lisa Foster, Hannah Duncan, Stephanie Garlock and Molly Petchenik
Yale University - Law School, Arthur Liman Center for Public Interest LawHarvard University, Department of Government, Yale University - Law School, University of California, Berkeley - School of Law, Fines & Fees Justice Center, Yale University - Law School, Yale University, Law School and Yale University, Law School
Downloads 210 (197,419)

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court debt, monetary sanctions, fines, fees, court assessments, legal financial obligations, economic injustice, poverty, race, gender, criminalization, driver’s licenses, courts, equal protection, due process, user fees, public finance

21.

The Privatization of Process: Requiem for and Celebration of the Federal Rules of Civil Procedure at 75

University of Pennsylvania Law Review, Vol. 162, Forthcoming, Yale Law School, Public Law Research Paper No. 510
Number of pages: 45 Posted: 07 Jun 2014 Last Revised: 15 Jan 2015
Judith Resnik
Yale University - Law School
Downloads 202 (204,639)
Citation 1

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22.

Ability to Pay

Number of pages: 250 Posted: 03 Jun 2019
Judith Resnik, Anna VanCleave, Alexandra Harrington, Lisa Foster, Jeffrey Selbin, Faith Barksdale, Alexandra Eynon, Stephanie Garlock and Daniel Phillips
Yale University - Law School, Yale University - Law School, University at Buffalo Law School, Fines & Fees Justice Center, University of California, Berkeley - School of Law, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School and Yale University, Law School, Students
Downloads 194 (212,263)

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court debt, court-based data sets, fines, fees, bail, court assessments, legal financial obligations, economic injustice, poverty, race, gender, criminalization, driver’s licenses, courts, data privacy, privatization, equal protection, due process, user fees, online dispute resolution, federal and s

23.

Aiming to Reduce Time-in-Cell: Reports from Correctional Systems on the Numbers of Prisoners in Restricted Housing and on the Potential of Policy Changes to Bring About Reforms

Yale Law School, Public Law Research Paper No. 597
Number of pages: 127 Posted: 01 Dec 2016 Last Revised: 31 Oct 2018
Judith Resnik, Anna VanCleave, Kristen Bell, Olevia Boykin, Corey Guilmette, Tashiana Hudson, Diana Li, Joseph Meyers, Hava Mirell, Skylar Albertson, Alison Gifford, Jessica Purcell and Bonnie Posick
Yale University - Law School, Yale University - Law School, Yale University - Law School, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University - Law School, Yale University, Law School, Students, Yale University, Law School, Students and Yale University - Law School
Downloads 168 (240,218)
Citation 3

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24.

Bring Back Bentham: 'Open Courts,' 'Terror Trials,' and Public Sphere(s)

Law & Ethics of Human Rights, Forthcoming, Yale Law School, Public Law Working Paper No. 221
Number of pages: 89 Posted: 17 Nov 2010 Last Revised: 04 Feb 2011
Judith Resnik
Yale University - Law School
Downloads 165 (243,819)
Citation 3

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25.

Constructing the 'Foreign:' American Law's Relationship to Non-Domestic Sources

Courts and Comparative Law, Duncan Fairgrieve and Mads Andenas, eds., Oxford University Press, 2015, Yale Law School, Public Law Research Paper No. 517
Number of pages: 35 Posted: 24 Aug 2014 Last Revised: 26 Jan 2016
Judith Resnik
Yale University - Law School
Downloads 162 (247,621)

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26.

Foreign as Domestic Affairs: Rethinking Horizontal Federalism and Foreign Affairs Preemption in Light of Translocal Internationalism

Emory Law Journal, Vol. 57, p. 31, 2007, Yale Law School, Public Law Working Paper No. 170
Number of pages: 63 Posted: 03 Nov 2008 Last Revised: 03 Feb 2009
Judith Resnik
Yale University - Law School
Downloads 159 (251,555)
Citation 1

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27.

'Within Its Jurisdiction': Moving Boundaries, People, and the Law of Migration

Yale Law School, Public Law Research Paper No. 580
Number of pages: 43 Posted: 29 Sep 2016
Judith Resnik
Yale University - Law School
Downloads 156 (255,546)

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migration, territoriality, "crim-imm," deportation, constitutional interpretation, postal services, transnationalism, political bureaucracies, sovereignty, federalism

28.

Global Reconfigurations, Constitutional Obligations, and Everyday Life

2018 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights., Yale Law School, Public Law Research Paper No. 662
Number of pages: 302 Posted: 08 Nov 2018
Judith Resnik, Douglas NeJaime, Clare Ryan, Helen Keller, Harold Hongju Koh, Susan Rose-Ackerman, Miguel Poiares Maduro, Muneer I. Ahmad, Lucas Guttentag, Cristina Rodriguez, Marta Cartabia, Amy Kapczynski, Samuel Moyn and Manuel Cepeda-Espinosa
Yale University - Law School, Yale University - Law School, Louisiana State University, Baton Rouge - Paul M. Hebert Law Center, European Court of Human Rights, Yale Law School, Yale Law School, European University Institute, Yale Law School, Yale University - Law School, Yale Law School, Constitutional Court of Italy, Yale University - Law School, Yale University and Constitutional Court of Colombia
Downloads 152 (261,012)
Citation 1

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International; comparative; constitutional; human rights; family; marriage; parentage; surrogacy; sports; doping; free speech; competition; arbitration; corruption; refugee; asylum; immigration; detention; social and economic rights; political economy; health; medicine; drug pricing

29.

A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations

North Carolina Law Review, Vol. 96, 2018, Yale Law School, Public Law Research Paper No. 632
Number of pages: 78 Posted: 22 Feb 2018 Last Revised: 03 Nov 2020
Judith Resnik
Yale University - Law School
Downloads 144 (272,608)
Citation 4

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class action, aggregation, alternative dispute resolution, online dispute resolution, privatization, publicity, Bentham, repeat player, one shot player

30.

Gideon at Guantanamo: Democratic and Despotic Detention

Yale Law Journal, Forthcoming, Yale Law School, Public Law Working Paper No. 293
Number of pages: 46 Posted: 14 Jun 2013 Last Revised: 15 Jan 2015
Hope Metcalf and Judith Resnik
Yale Law School and Yale University - Law School
Downloads 137 (283,321)
Citation 1

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Gideon, Miranda, Guantanamo, criminal procedure, defense counsel, constitutional rights, access to lawyers, access to courts, torture, interrogation

31.

Detention, the War on Terror, and the Federal Courts

Columbia Law Review, Vol. 110, p. 579, 2010, Yale Law School, Public Law Working Paper No. 211
Number of pages: 108 Posted: 05 Apr 2010 Last Revised: 01 Oct 2014
Judith Resnik
Yale University - Law School
Downloads 136 (284,965)
Citation 3

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32.

Inventing Democratic Courts: A New and Iconic Supreme Court

38 Journal of Supreme Court History 207 (2013), Yale Law School, Public Law Research Paper No. 490
Number of pages: 47 Posted: 21 Dec 2013 Last Revised: 15 Jan 2015
Judith Resnik and Dennis E. Curtis
Yale University - Law School and Yale University - Law School
Downloads 131 (293,009)

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access to courts, democratic courtrooms, representing justice, courthouse architechture

33.

Uncovering, Disclosing, and Discovering How the Public Dimensions of Court-Based Processes are at Risk

Chicago-Kent Law Review, Vol. 81, 2006, Yale Law School, Public Law Working Paper No. 114
Number of pages: 52 Posted: 14 Jul 2006
Judith Resnik
Yale University - Law School
Downloads 130 (294,747)
Citation 2

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34.

In Medias Res: COVID-19 in the Law

Yale Law School, Global Constitutionalism 2021, A Part of the Gruber Program for Global Justice and Women's Rights, Urgency and Legitimacy, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 78 Posted: 17 Dec 2021 Last Revised: 27 Feb 2022
Judith Resnik, Daphne Barak-Erez and Marta Cartabia
Yale University - Law School, Israeli Supreme Court and Constitutional Court of Italy
Downloads 126 (301,816)

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COVID-19, public health, human rights

35.

The Singularity and the Familiarity of Solitary Confinement

Number of pages: 24 Posted: 25 Jul 2019
Judith Resnik
Yale University - Law School
Downloads 126 (307,132)

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prison, solitary confinement, U.S. constitutional law, 'cruel and unusual punishments,' 'protected liberty interests,' 'due process,' empirical research on solitary confinement, supermax, 9/11, Nelson Mandela Rules, Pelican Bay, Guantánamo Bay, Stop Solitary

36.

Lawyers' Ethics Beyond the Vanishing Trial: Unrepresented Claimants, De Facto Aggregations, Arbitration Mandates, and Privatized Processes

Yale Law School, Public Law Research Paper No. 602
Number of pages: 44 Posted: 06 Apr 2017
Judith Resnik
Yale University - Law School
Downloads 122 (308,996)

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trials, lawyers' ethics, filings, alternate dispute resolution, courts, unrepresented litigants

37.

(Un)Constitutional Punishments: Eighth Amendment Silos, Penological Purposes, and People's 'Ruin'

The Yale Law Journal Forum, January 3 , 2020, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 51 Posted: 27 Jan 2020 Last Revised: 18 Sep 2020
Judith Resnik
Yale University - Law School
Downloads 119 (314,694)
Citation 1

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Cruel and Unusual Punishment, Excessive Fines, Prisoners Rights, Sentencing, Anti-Ruination Principle, Constitutional Interpretation, Penological Purposes, Equal Protection, Indigency, Conditions of Confinement, Incorporation, Timbs v. Indiana

38.

Lessons in Federalism from the 1960s Class Action Rule and the 2005 Class Action Fairness Act: 'The Political Safeguards' of Aggregate Translocal Actions

University of Pennsylvania Law Review, Vol. 156, p. 1929, 2008, Yale Law School, Public Law Working Paper No. 177
Number of pages: 42 Posted: 31 Oct 2008 Last Revised: 03 Feb 2009
Judith Resnik
Yale University - Law School
Downloads 109 (334,502)
Citation 1

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39.

Rethinking 'Death Row': Variations in the Housing of Individuals Sentenced to Death

Yale Law School, Public Law Research Paper No. 571
Number of pages: 85 Posted: 09 Jul 2016
Celina Aldape, Ryan Cooper, Katherine Haas, Xionan April Hu, Jessica Hunter, Shelle Shimizu, Johanna Kalb and Judith Resnik
Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, University of Idaho - College of Law and Yale University - Law School
Downloads 107 (338,798)

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solitary confinement , death penalty , corrections

40.

Living Their Legal Commitments: Paideic Communities, Courts, and Robert Cover

Yale Journal of Law and the Humanities, Vol. 17, p. 17, 2005, Yale Law School, Public Law Working Paper No. 108
Number of pages: 37 Posted: 02 Aug 2005 Last Revised: 07 Feb 2011
Judith Resnik
Yale University - Law School
Downloads 103 (347,418)

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41.

Re-Presenting Justice: Visual Narratives of Judgment & the Invention of Democratic Courts

Yale Journal of Law & the Humanities, Vol. 24, p. 19, 2012
Number of pages: 75 Posted: 28 Mar 2012 Last Revised: 10 Jan 2013
Judith Resnik and Dennis E. Curtis
Yale University - Law School and Yale University - Law School
Downloads 100 (354,295)

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42.

The Internationalism of American Federalism: Missouri and Holland

Missouri Law Review, Vol. 73, p. 1105, 2009
Number of pages: 43 Posted: 08 Apr 2009 Last Revised: 01 Oct 2014
Judith Resnik
Yale University - Law School
Downloads 98 (358,874)
Citation 1

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43.

Courts: In and Out of Sight, Site, and Cite

Villanova Law Review Vol. 53, p. 771, 2008
Number of pages: 40 Posted: 01 Apr 2010 Last Revised: 07 Feb 2011
Judith Resnik
Yale University - Law School
Downloads 97 (361,233)
Citation 2

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44.

Time-In-Cell 2019: A Snapshot of Restrictive Housing based on a Nationwide Survey of U.S. Prison Systems

Number of pages: 241 Posted: 08 Oct 2020
Leann Bertsch, Wayne Choinski, Kevin Kempf, John Baldwin, Harold Clarke, Bob Lampert, Rick Raemisch, Stephen Sinclair, Dean Williams, Judith Resnik, Anna VanCleave, Alexandra Harrington, Zal Shroff, Jonathan Petkun, Jonathan Petkun, Brian Highsmith, Brian Highsmith, Atticus Ballesteros, Jaster Francis, Eli Feasley, Molly Petchenik, Jaclyn Willner and Arianna Zoghi
North Dakota Department of Corrections and Rehabilitation, Association of State Correctional Administrators, Association of State Correctional Administrators, Correctional Leaders Association (CLA), Correctional Leaders Association (CLA), Correctional Leaders Association (CLA), Colorado Department of Corrections, Correctional Leaders Association (CLA), Correctional Leaders Association (CLA), Yale University - Law School, Yale University - Law School, University at Buffalo Law School, Yale Law School, Yale University, Law School, StudentsMassachusetts Institute of Technology (MIT), Department of Economics, Arthur Liman Center for Public Interest LawHarvard University, Department of Government, Yale Law School, Yale Law School, Yale Law School, Yale University, Law School, Yale Law School and Yale Law School
Downloads 92 (373,545)

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prisons, corrections, correctional administration, correctional management, penology, solitary confinement, restrictive housing, administrative segregation, disciplinary segregation, prison administration, prison reform, corrections reform, constitutional law, international law, legislation, policy

45.

Constitutional Entitlements to and in Courts: Remedial Rights in an Age of Egalitarianism: The Childress Lecture

St. Louis University Law Journal, Vol. 56, No. 4, 2012, Yale Law School, Public Law Working Paper No. 269
Number of pages: 142 Posted: 20 Nov 2012
Judith Resnik
Yale University - Law School
Downloads 91 (376,073)

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46.

Inability to Pay: Court Debt Circa 2020

Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 8 Posted: 03 Mar 2020 Last Revised: 27 Jul 2021
Judith Resnik and David Marcus
Yale University - Law School and UCLA School of Law
Downloads 90 (378,582)

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Court fees, fines, equal protection, due process, legal financial obligations, teaching about poverty and courts, financing courts, race discrimination, access to the legal system, bail, criminalization, intersectionality, economic justice, court debt

47.

On Darkness and Light in Legal Imagination and Practice: A Foreword to the Dark Sides of the Law

The Dark Sides of the Law: Perspectives on Law, Literature, and Justice in Common Law Countries, Geraldine Gadbin-George, Yvonne-Marie Rogez, Armelle Sabatier & Claire Wrobel (editors), Paris: Editions, Michel Houdiard, 2019, Forthcoming, Yale Law School, Public Law Research Paper No. 649
Number of pages: 30 Posted: 24 Oct 2018
Judith Resnik
Yale University - Law School
Downloads 90 (378,582)

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representation, transparency, blindfold, adjudication, judging in democracies, role of courts, courthouse imagery

48.

Representing What: Gender, Race, Class, and the Struggle for the Identity and Legitimacy of Courts

Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 91 Posted: 04 Jun 2021 Last Revised: 19 Aug 2021
Judith Resnik
Yale University - Law School
Downloads 85 (391,982)

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courts, inequalities, gender and racial subordination, limited-resource litigants, subsidies, justice gaps, alternative dispute resolution equality, due process, participatory parity, National Association of Women Judges, representation

49.

Fragile Futures and Resiliency: Litigating Climate Change, Judging Under Stress, 2019 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights

Yale Law School Global Constitutionalism, 2019, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 196 Posted: 28 Jan 2020 Last Revised: 02 Nov 2020
Daniel C. Esty, Douglas A. Kysar, Manuel Cepeda-Espinosa, Laurent Fabius, Laurent Neyret, Kim Lane Scheppele, Judith Resnik, Marta Cartabia, Carlos Rosenkrantz and Clare Ryan
Yale Law School, Yale University - Law School, Constitutional Court of Colombia, Conseil Constitutionnel, affiliation not provided to SSRN, Princeton School of Public and International Affairs, Princeton University, Yale University - Law School, Constitutional Court of Italy, University of San Andres (UMSA) and Louisiana State University, Baton Rouge - Paul M. Hebert Law Center
Downloads 84 (394,698)

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50.

Women, Gendered Violence, and the Construction of the 'Domestic'

Seeking Safety, Knowledge, and Security in a Troubling Environment: Global Constitutionalism 2020
Number of pages: 109 Posted: 20 Nov 2020 Last Revised: 12 Dec 2020
Judith Resnik, Susanne Baer and Marta Cartabia
Yale University - Law School, Humboldt University of Berlin and Constitutional Court of Italy
Downloads 83 (397,463)

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gender, gendered violence, violence against women, social movements, discrimination, remedies, constitutional law, comparative law, inequality, refugee law, asylum law, criminalization, domestic violence, crimes against humanity, war crimes, rape

51.

Accommodations, Discounts, and Displacement: The Variability of Rights as a Norm of Federalism(s)

Jus Politicum, Revue de droit politique, No 17, 2017, Yale Law School, Public Law Research Paper No. 599
Number of pages: 67 Posted: 23 Feb 2017 Last Revised: 26 Apr 2017
Judith Resnik
Yale University - Law School
Downloads 83 (397,463)
Citation 1

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Federalism(s), Equality, Margin of Appreciation, Prisoner Disenfranchisement, Violence against Women, sovereignty, Prisoners' Voting, Comparative Law, Democracy, Constitutional Jurisprudence, Standards, Legal Pluralism, Violation of the Constitution

52.

Punishment in Prison: Constituting the 'Normal' and the 'Atypical' in Solitary and Other Forms of Confinement

Northwestern University Law Review, Forthcoming
Number of pages: 114 Posted: 13 Oct 2020 Last Revised: 02 Sep 2021
Judith Resnik, Hirsa Amin, Megan Hauptman, Laura Kokotailo, Aseem Mehta, Madeline Silva, Tor Tarantola and Meredith Wheeler
Yale University - Law School, Yale Law School, Government of the United States of America - U.S. District Courts, Yale University - Law School, Government of the United States of America - U.S. District Courts, Debevoise & Plimpton, University of Cambridge - Department of Psychology and affiliation not provided to SSRN
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liberty, incarceration, racial segregation, strip cells, solitary confinement, prisoners' rights, cruel and unusual punishment, due process, 'atypical' and 'significant' hardship, isolation, baseline and metrics of punishment

53.

Comparative (In)Equalities: CEDAW and the Gender of Jurisdiction

10 International Journal of Constitutional Law (I-CON) 531 (2012), Yale Law School, Public Law Working Paper No. 260
Number of pages: 2 Posted: 01 Sep 2012 Last Revised: 02 Oct 2014
Judith Resnik
Yale University - Law School
Downloads 81 (403,164)

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54.

The Contingency of Courts: Changing the Experiences and Logics of Publics’ Role in Court-Based ADR

Nevada Law Journal, Vol. 15, p. 951, 2015, Yale Law School, Public Law Research Paper No. 550
Number of pages: 34 Posted: 21 Aug 2015 Last Revised: 09 Feb 2016
Judith Resnik
Yale University - Law School
Downloads 77 (415,060)
Citation 2

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open courts, First Amendment, access to courts, alternative dispute resolution, settlement, arbitration, privatization, democratic engagement

55.

Revising Our 'Common Intellectual Heritage': Federal and State Courts in Our Federal System

Notre Dame Law Review, Vol. 91, No. 5, 2016, Yale Law School, Public Law Research Paper No. 587
Number of pages: 100 Posted: 19 Oct 2016
Judith Resnik
Yale University - Law School
Downloads 70 (437,263)

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56.

Collective Preclusion and Inaccessible Arbitration: Data, Non-Disclosure, and Public Knowledge

Lewis & Clark Law Review, Vol. 24, No. 2, 2020
Number of pages: 67 Posted: 04 Jun 2020
Judith Resnik, Stephanie Garlock and Annie Wang
Yale University - Law School, Yale University, Law School and Yale University, Law School, Students
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57.

Building the Federal Judiciary (Literally and Legally): The Monuments of Chief Justices Taft, Warren, and Rehnquist

87 Indiana Law Journal 823 (2012), Yale Law School, Public Law Working Paper No. 246
Number of pages: 128 Posted: 18 May 2012 Last Revised: 01 Oct 2014
Judith Resnik
Yale University - Law School
Downloads 67 (447,442)

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58.

The Puzzles of Prisoners and Rights: An Essay in Honor of Frank Johnson

Alabama Law Review, Vol. 71, 2020
Number of pages: 58 Posted: 04 Jun 2020
Judith Resnik
Yale University - Law School
Downloads 66 (450,870)

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Prisons, prisoners' rights, 8th Amendment, constitutional law, Alabama prison litigation, race and discrimination, unrepresented litigants, legal change and innovation

59.

Legislative Regulation of Isolation in Prison: 2018-2021

Number of pages: 48 Posted: 22 Dec 2021
Judith Resnik, Jenny E. Carroll, Skylar Albertson, Sarita Benesch and Wynne Muscatine Graham
Yale University - Law School, University of Alabama - School of Law, Yale University - Law School, Yale University, Law School and Yale University, Law School
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Incarceration, legislation, regulation, solitary confinement, subpopulations, due process, discipline, protection, conditions of confinement, empirical data on isolation

60.

Constituting a Civil Legal System Called 'Just': Law, Money, Power, and Publicity

New Pathways to Civil Justice in Europe (Xandra Kramer, Alexandre Biard, Jos Hoevenaars and Erlis Themeli, eds.), Springer, 2020, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 16 Posted: 20 Nov 2020 Last Revised: 16 Apr 2021
Judith Resnik
Yale University - Law School
Downloads 61 (468,924)

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adjudication, access to justice, alternative dispute resolution, 'justice gap,' remedies, privatization, publicity, third party access to information, class actions, aggregation, online dispute resolution, arbitration mandates, due process, constitutional obligation to provide legal remedial options

61.

'Vital' State Interests: From Representative Actions for Fair Labor Standards to Pooled Trusts, Class Actions, and MDLs in Federal Courts

University of Pennsylvania Law Review, Vol. 165, 2017, Yale Law School, Public Law Research Paper No. 622
Number of pages: 42 Posted: 17 Oct 2017 Last Revised: 07 Nov 2017
Judith Resnik
Yale University - Law School
Downloads 61 (468,924)
Citation 2

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Rule 23, class actions, aggregation, multi-district litigation (MDL)

62.

Working to Limit Restrictive Housing: Efforts in Four Jurisdictions to Make Changes

Number of pages: 22 Posted: 01 Dec 2018
Leann Bertsch, Kevin Kempf, Gary Mohr, Rick Raemisch, Wayne Choinski, Judith Resnik, Anna VanCleave, Kristen Bell, Alexandra Harrington, Gregory Conyers, Catherine McCarthy, Jenny Tumas, Annie Wang, Henry Atencio and Keith Yordy
North Dakota Department of Corrections and Rehabilitation, Association of State Correctional Administrators, Ohio Department of Rehabilitation and Correction, Colorado Department of Corrections, Association of State Correctional Administrators, Yale University - Law School, Yale University - Law School, Yale University - Law School, University at Buffalo Law School, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Idaho Department of Correction and Idaho State Correctional Institution
Downloads 59 (476,606)
Citation 2

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prisons, corrections, correctional administration, correctional management, penology, solitary confinement, restrictive housing, administrative segregation, prison administration, prison reform, corrections reform, constitutional law

63.

Adding Insult to Injury: Questioning the Role of Dignity in Conceptions of Sovereignty

Yale Law School, Public Law Working Paper No. 45
Number of pages: 42 Posted: 10 Apr 2003 Last Revised: 13 Feb 2011
Judith Resnik, Julie C. Suk and Julie C. Suk
Yale University - Law School and Fordham University School of Law
Downloads 57 (484,250)
Citation 5

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64.

Globalization(s), Privatization(s), Constitutionalization, and Statization: Icons and Experiences of Sovereignty in the 21st Century

Yale Law School, Public Law Research Paper No. 277
Number of pages: 38 Posted: 16 Feb 2013 Last Revised: 23 Jan 2015
Judith Resnik
Yale University - Law School
Downloads 56 (488,134)
Citation 1

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65.

Preface: Iconic, Complex and Contested Institutions

Court Architecture, Design and Social Justice (Emma Henderson and Kirsty Duncanson eds, Routledge, Forthcoming 2021)
Number of pages: 15 Posted: 05 Feb 2021
Judith Resnik
Yale University - Law School
Downloads 53 (500,372)

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adjudication, courts, public access, courthouse construction, new technologies, inequalities, online dispute resolution, alternative dispute resolution, vanishing trials, due process, fines and fees, sovereignties and authority, privatization, representing justice, icons of authority

66.

Compared to What?: Ali Aggregation and the Changing Contours of Due Process and the Power of Lawyers

George Washington Law Review, Vol. 79, p. 628, 2011, Yale Law School, Public Law Working Paper No. 218
Number of pages: 72 Posted: 18 Nov 2010 Last Revised: 07 Mar 2011
Judith Resnik
Yale University - Law School
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67.

Urgency and Legitimacy: 2021 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights

Urgency and Legitimacy 2021, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 316 Posted: 22 Dec 2021
Judith Resnik, Daphne Barak-Erez, Marta Cartabia, Linda Greenhouse, Ivana Jelic, Rosalie Abella, Muneer I. Ahmad, Susanne Baer, Daniel Markovits, Timothy Snyder and Manuel Cepeda-Espinosa
Yale University - Law School, Israeli Supreme Court, Constitutional Court of Italy, Yale Law School, European Court of Human Rights, Supreme Court of Canada, Yale Law School, Humboldt University of Berlin, Yale Law School, Yale University - Law School and Constitutional Court of Colombia
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68.

Partial 'Global Peace': Federalism and the Long Tail of Remedies in Opioid Litigation

DePaul Law Review, Vol. 70, 2021, Yale Law & Economics Research Paper Forthcoming
Number of pages: 24 Posted: 18 Aug 2021
Judith Resnik
Yale University - Law School
Downloads 49 (521,879)

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class actions, aggregation, opioid litigation, federalism, partial resolution, constitutional obligations of access to courts, judicial role in large-scale litigation, multi-district litigation, conflict within aggregation, remedies

69.

Courts: A Template and A Site of Transitional Justice Collapsing as a Model

The Oxford Handbook of Transitional Justice, Jens Meierhenrich, Alexander Laban Hinton and Douglas Lawrence eds, Forthcoming
Number of pages: 46 Posted: 21 Jun 2021
Judith Resnik
Yale University - Law School
Downloads 46 (530,876)

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Transitional Justice, Courts, Civil Rights Revolution, Rights, Remedies, Voice, Subsidies, Power, Collective Action, Inequality, Legitimacy of Courts, Participatory Parity, Court Debt, Limited Income Participants, Online Dispute Resolution

70.

Reconstructing Equality: Of Justice, Justicia, and the Gender of Jurisdiction

Yale Law School, Public Law Working Paper No. 57
Number of pages: 26 Posted: 08 Jul 2003 Last Revised: 07 Feb 2011
Judith Resnik
Yale University - Law School
Downloads 44 (540,271)
Citation 2

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justice, equality, jurisdiction, feminism

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Norms of adjudication, representing justice exempla iustitia, controlling judges, Cambysis, iconography, legal history constitutional law, judges courthouses, courthouse architecture, visual traditions, images of justice

72.

Statement and Recommendations to the United States Commission on Civil Rights - Women in Prison: Seeking Justice Behind Bars

Number of pages: 41 Posted: 17 Jun 2019
Judith Resnik, Alexandra Harrington and Molly Petchenik
Yale University - Law School, University at Buffalo Law School and Yale University, Law School
Downloads 43 (545,072)

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prisons, corrections, women, gender, civil rights, equality, solitary confinement, restrictive housing, First Step Act, Federal Bureau of Prisons, prison placement, gender-responsive programming, prison reform, corrections reform

73.

Reorienting the Process Due: Using Jurisdiction to Forge Post-Settlement Relationships Among Litigants. Courts, and the Public in Class and Other Aggregate Litigation

New York University Law Review, Vol. 92, 2017, Yale Law School, Public Law Research Paper No. 624
Number of pages: 51 Posted: 11 Nov 2017
Judith Resnik
Yale University - Law School
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aggregation, due process, Rule 23, class actions, dispute resolution, aggregate litigation, MDL, fairness, jurisdiction by necessity, publicity

74.

Constricting Remedies: The Rehnquist Judiciary, Congress, and Federal Power

Indiana Law Journal, Vol. 78, 2003, Yale Law School, Public Law Working Paper No. 55
Number of pages: 94 Posted: 07 Jul 2003 Last Revised: 10 Feb 2011
Judith Resnik
Yale University - Law School
Downloads 42 (549,988)

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judiciary, remedies

75.

Law as Affiliation: 'Foreign' Law, Democratic Federalism, and the Sovereigntism of the Nation-State

International Journal of Constitutional Law, Vol. 6, Issue 1, pp. 33-66, 2008
Number of pages: 34 Posted: 08 Jul 2008 Last Revised: 06 Oct 2014
Judith Resnik
Yale University - Law School
Downloads 22 (669,579)
Citation 2

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76.

Responding to a Democratic Deficit: Limiting the Powers and the Term of the Chief Justice of the United States

University of Pennsylvania Law Review, Vol. 154, p. 1575, 2006, Yale Law School, Public Law Working Paper No. 126
Number of pages: 90 Posted: 11 Jul 2006 Last Revised: 07 Feb 2011
Judith Resnik
Yale University - Law School
Downloads 22 (669,579)

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77.

A Continuous Body: Ongoing Conversations About Women and Legal Education

Journal of Legal Education, Vol. 53, p. 564, 2003
Number of pages: 14 Posted: 01 Jun 2004 Last Revised: 07 Dec 2012
Judith Resnik
Yale University - Law School
Downloads 22 (669,579)
Citation 1

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78.

Mature Aggregation and Angst: Reframing Complex Litigation by Echoing Francis McGovern's Early Insights into Remedial Innovation

84 Law and Contemporary Problems 231, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 19 Posted: 11 Jun 2021 Last Revised: 21 Jul 2021
Judith Resnik
Yale University - Law School
Downloads 18 (699,552)

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class actions, mutlidistrict litigation, remedies, global peace, aggregation, judicial role, special masters, complex litigation, federal procedural rule revisions, preclusion and reconsideration, large-scale litigation, due process, public access

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Supreme Court, Federal Courts, equal access, nonpublication of appellate decisions, unrepresented litigants, expanding slots, length of service, term limits, panels, mandatory jurisdiction, democratic deficits

80.

Tolerating the Harms of Detention: With and Without COVID-19

Yale Law & Economics Research Paper Forthcoming
Number of pages: 15 Posted: 04 Apr 2022 Last Revised: 04 May 2022
Jaimie Meyer, Marisol Orihuela and Judith Resnik
Yale University, Yale Law School and Yale University - Law School
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Incarceration, Immigration detention, COVID-19, Public health, Vaccination mandates, Constitutional rights to health care, federal court remedies, enlargement and bail, eighth amendment and due process violations, federal bureau of prisons, executive clemency, trusted messengers

81.

Migrations and Mobilities: Citizenship, Borders, and Gender

MIGRATIONS AND MOBILITIES: CITIZENSHIP, BORDERS AND GENDER, Seyla Benhabib, Judith Resnik, eds., New York University Press, 2009, Yale Law School, Public Law Research Paper No. 200
Posted: 26 Mar 2009 Last Revised: 30 Mar 2009
Seyla Benhabib and Judith Resnik
Yale University - Department of Political Science and Yale University - Law School

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82.

From 'Rites' to 'Rights' of Audience: The Utilities and Contingencies of the Public's Role in Court-Based Processes

REPRESENTATIONS OF JUSTICE, Antoine Masson, Kevin O'Connor, eds., PIE, 2007
Posted: 21 Mar 2009 Last Revised: 30 Apr 2015
Judith Resnik and Dennis E. Curtis
Yale University - Law School and Yale University - Law School

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83.

Sisterhood, Slavery, and Sovereignty: Transnational Antislavery Work and Women's Rights Movements in the United States During the Twentieth Century

Yale Law School, Public Law Working Paper No. 138, WOMEN'S RIGHTS AND TRANSATLANTIC ANTISLAVERY IN THE ERA OF EMANCIPATION, Kathryn Kish Sklar & James Brewer Stewart, eds., Yale University Press, pp. 19-54, 2007
Posted: 08 Oct 2007 Last Revised: 01 Oct 2014
Judith Resnik
Yale University - Law School

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84.

For Owen M. Fiss: Reflections on the Triumph and the Death of Adjudication

Posted: 20 Sep 2005
Judith Resnik
Yale University - Law School

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86.

The Story of Goldberg: Why this Case is Our Shorthand

Posted: 20 Jun 2005
Judith Resnik
Yale University - Law School

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88.

Judicial Selection and Democratic Theory: Demand, Supply, and Life-Tenure

Posted: 24 Jan 2005
Judith Resnik
Yale University - Law School

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89.

Procedure as Contract

Posted: 07 Dec 2004
Judith Resnik
Yale University - Law School

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90.

Grieving Criminal Defense Lawyers

Posted: 07 Oct 2004
Dennis E. Curtis and Judith Resnik
Yale University - Law School and Yale University - Law School

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91.

Procedures' Projects

Civil Justice Quarterly, Vol. 23, p. 273, 2004
Posted: 14 Sep 2004
Judith Resnik
Yale University - Law School

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93.

Teaching Billing: Metrics of Value in Law Firms and Law Schools

Posted: 15 Aug 2003
Dennis E. Curtis and Judith Resnik
Yale University - Law School and Yale University - Law School

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94.

Mediating Preferences: Litigant Preferences for Process and Judicial Preferences for Settlement

Posted: 08 Jul 2003
Judith Resnik
Yale University - Law School

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judicial processes, settlements, mediation

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sexual harassment, equality, remedies

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97.

Categorical Federalism: Jurisdiction, Gender & the Globe

Yale Law School, Public Law Research Paper No. 07
Posted: 11 Oct 2001 Last Revised: 02 Oct 2014
Judith Resnik
Yale University - Law School

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98.

Money Matters: Judicial Market Interventions Creating Subsides And Awarding Fees and Costs in Individual and Aggregate Litigation

University of Pennsylvania Law Review, Vol. 148, Pp. 2119-2195, 2000
Posted: 02 Aug 2000
Judith Resnik
Yale University - Law School

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99.

Trial as Error, Jurisdiction as Injury: Transforming the Meaning of Article III

Harvard Law Review, Vol. 113, Pp. 925-1037, 2000
Posted: 20 Jun 2000 Last Revised: 29 Aug 2014
Judith Resnik
Yale University - Law School

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100.

The Future of Legal Services: The Arthur Liman Colloquium Papers

Yale Law and Policy Review, Vol. 17, No. 1, 1999
Posted: 25 Oct 1999
Judith Resnik, Stephen Wizner, Louise G. Trubek, Karen A. Lash and Louis S. Rulli
Yale University - Law School, Yale Law School, University of Wisconsin Law School, Equal Justice Works and University of Pennsylvania Carey Law School

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101.

The Federal Courts and Congress: Additional Sources, Alternative Texts and Altered Aspirations

Georgetown Law Journal, Vol. 86, No. 7, July 1998
Posted: 18 Feb 1999
Judith Resnik
Yale University - Law School

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Other Papers (1)

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1.

Why Eyes? Cautionary Tales from Law's Blindfolded Justice

Blinding As A Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law, eds. Christopher T. Robertson and Aaron S. Kesselheim, Elsevier Press, 2016
Posted: 30 Aug 2016
Judith Resnik and Dennis E. Curtis
Yale University - Law School and Yale University - Law School

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justice, bias, discrimination, judging, veil of ignorance, color-blind, blindfold, virtues, social movements, culture