The Yale Law Journal

Joseph Fishkin


The Dignity of the South

Joseph Fishkin

The plaintiffs in Shelby County v. Holder argue that section 5 of the Voting Rights Act offends the “equal dignity” of the states. In this Essay, written in advance of the decision, Professor Joseph Fishkin situates this claim in a larger context. Americans have been fighting since the Civil War and…


Weightless Votes

Joseph Fishkin

121 Yale L.J. 1888 (2012).

Does “one person, one vote” protect persons, or voters? The Court has never resolved this question. Current practice overwhelmingly favors equal representation for equal numbers of persons. Opponents charge, however, that this approach dilutes the “weight” of some individua…