In this Essay, Professor Jed Rubenfeld responds to commentary on The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy, published in Volume 122 of the Yale Law Journal. Engaging with four different interlocutors, he suggests that sex-by-deception remains a serious puzzle in rape law, and t…
The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy
122 Yale L.J. 1372 (2013).
“Rape-by-deception” is almost universally rejected in American criminal law. But if rape is sex without the victim’s consent—as many courts, state statutes, and scholars say it is—then sex-by-deception ought to be rape, because as courts have held for a hundred years in vir…
Introduction: The Paradigm-Case Method
115 Yale L.J. 1977 (2006)
115 Yale L.J. 2015 (2006)
Reply to Commentators
115 Yale L.J. 2093 (2006)
The Freedom of Imagination: Copyright's Constitutionality
112 Yale L.J. 1 (2002)
In some parts of the world, you can go to jail for reciting a poem in public without permission from state-licensed authorities. Where is this true? One place is the United States of America.
Copyright law is a kind of giant First Amendment duty-free zone. It flouts basic fr…
The Anti-Antidiscrimination Agenda
111 Yale L.J. 1141 (2002)
For a brief historical moment, a shadow overhung constitutional law--the shadow of Bush v. Gore. Many people consider the five-Justice majority opinion in that case to have been, legally speaking, a kind of joke. Obviously, those who hold this view wonder whether that case …