The Yale Law Journal

Judith Resnik

Forum

Time-In-Cell: Isolation and Incarceration

Judith Resnik, Sarah Baumgartel & Johanna Kalb

What is solitary confinement, and what has been constitutional law’s relationship to the practices of holding prisoners in isolation? One answer comes from Wilkinson v. Austin,1 a 2005 U.S. Supreme Court case discussing Ohio’s super-maximum security (“supermax”) prison, which opene…

Feature

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

Judith Resnik

Two developments frame this discussion: the demise of negotiated contracts as the predicate to enforcing arbitration obligations under the Federal Arbitration Act and the reorientation of court-based procedures to assimilate judges’ activities to t…

Tribute

Reading Reinhardt: The Work of Constructing Legal Virtue (Exempla Iustitiae)

Judith Resnik

120 Yale L.J. 539 (2010). 

Article

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

Judith Resnik

115 Yale L.J. 1564 (2006)

Legal theorists are engaged in understanding the legitimacy of techniques by which principles of rights-holding travel across borders. Sovereigntists in the United States object to that migration. The history of both protest about and the incorporation of "foreign" law provi…

Essay

Categorical Federalism: Jurisdiction, Gender, and the Globe

Judith Resnik

111 Yale L.J. 619 (2001)

An absence of bounded categories may be unsettling but, in lieu of (false) comfort, multi-faceted federalism offers something else, hopefully more useful if less supportive. Under the rubric of multi-faceted federalism, the deployment of categories is accompanied by a sense t…