The Yale Law Journal

David A. Super


Protecting Civil Rights in the Shadows

David A. Super

Beyond grand constitutional moments such as the New Deal and the civil rights era, the American people also remove other, less prominent issues from majoritarian politics. This process of petit popular constitutionalism resolves numerous important issues of government …


Offering an Invisible Hand: The Rise of the Personal Choice Model for Rationing Public Benefits

David A. Super

113 Yale L.J. 815 (2004)

The 1996 welfare law passed amidst promises to reduce welfare rolls without abandoning needy families. A strong economy, state work support programs, and the efforts of millions of low-income parents brought substantial reductions in the ranks of those eligible for cash assis…