The Yale Law Journal

Benjamin Eidelson

Article

Respect, Individualism, and Colorblindness

Benjamin Eidelson

The “colorblind” approach to equal protection purports to treat people as individuals. This Article excavates the philosophical foundations of that idea and argues that the Supreme Court has misconceived it. If the Court pursues colorblindness, it should do so not with indignation but with ambivalen…

Comment

Kidney Allocation and the Limits of the Age Discrimination Act

Benjamin Eidelson


122 Yale L.J. 1635 (2013).

Note

The Majoritarian Filibuster

Benjamin Eidelson


122 Yale L.J. 980 (2013).

The debate over the Senate filibuster revolves around its apparent conflict with the principle of majority rule. Because narrow Senate majorities often represent only a minority of Americans, however, many filibusters are not at odds with majority rule at all. By paying atte…