The Yale Law Journal

Robert C. Post


The First Amendment and the Right(s) of Publicity

Robert C. Post & Jennifer E. Rothman

First Amendment analysis in right of publicity cases is notoriously troublesome. To remedy this nettlesome conflict, this Article disaggregates the distinct interests that support publicity laws, and then analyzes how these intersect with First Amendment values. By doing so it offers a navigational …


Remarks for Robert Burt

Robert C. Post

author. Dean and Sol & Lillian Goldman Professor of Law, Yale Law School. The following remarks by Dean Post were delivered at Professor Burt’s funeral. The remaining Tributes are drawn from remarks delivered at a memorial service held at the Yale Law School on November 1…


Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act

Robert C. Post & Reva B. Siegel

112 Yale L.J. 1943 (2003)

The Court is now striking down a variety of federal civil rights statutes as beyond Congress's power under Section 5 of the Fourteenth Amendment. In imposing limits on federal authority to enact civil rights laws, the Court has invoked a particular understanding of separatio…


Equal Protection by Law: Federal Antidiscrimination Legislation After Morrison and Kimel

Robert C. Post & Reva B. Siegel

110 Yale L.J. 441 (2000)

Last Term, the Supreme Court sent ominous signals about the future of federal antidiscrimination law. The Court twice ruled that Congress lacked power under Section 5 of the Fourteenth Amendment to enact laws prohibiting discrimination. In Kimel v. Florida Board of Regents, …