Lincoln Caplan

Truman Capote Visiting Lecturer in Law (spring term) and Senior Research Scholar in Law (spring term)


Lincoln Caplan is the Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law at Yale Law School. He is the author of The Tenth Justice: The Solicitor General and the Rule of Law, Skadden: Power, Money and the Rise of an Empire, Up Against the Law: Affirmative Action and the Supreme Court, and other books about the law. 

FULL BIOGRAPHY
Lincoln Caplan

Contact Information



Faculty Assistant


Jennifer Marshall

Education & Curriculum Vitae


J.D., Harvard Law School, 1976

Harvard Scholar, University of Cambridge, 1972–73

A.B., Harvard University, 1972

Courses Taught


  • Shaping Legal Opinions: Journalism and Clashes in Law
  • The Art of Argument: How to Write about the Law

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law at Yale Law School. He is the author of The Tenth Justice: The Solicitor General and the Rule of Law, Skadden: Power, Money and the Rise of an Empire, Up Against the Law: Affirmative Action and the Supreme Court, and other books about the law. He is a regular contributor to The American Scholar, where he is a member of the editorial board, and to Harvard Magazine. He wrote about the Supreme Court as a member of the editorial board of The New York Times, was the editor and president of Legal Affairs magazine, and was a staff writer for The New Yorker whose website he has contributed to. He is a former Guggenheim Fellow, White House Fellow, and Fellow of Yale’s Whitney Humanities Center. His most recent book, American Justice 2016: the Political Supreme Court, about the Court’s 2015 Term, was published in October of 2016. He is the writing tutor at Yale’s Davenport College.

Saturday, October 1, 2022


Is the Supreme Court’s Role Undemocratic?

Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law Lincoln Caplan reviews Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment by Brad Snyder ’99. 

Saturday, October 1, 2022


Justice Elena Kagan, in Dissent — A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law at Yale Law School.

Friday, February 4, 2022


Justice Breyer and Parents Involved — A Commentary by Lincoln Caplan

Lincoln Caplan is Senior Research Scholar in Law at Yale Law School.

Friday, December 17, 2021


A Democracy of Opportunity

Truman Capote Visiting Lecturer in Law and Senior Research Scholar in Law Lincoln Caplan reviews The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy by Joseph Fishkin ’07 and William E. Forbath ’83.

Thursday, December 16, 2021


Both Sides Now: Tomiko Brown-Nagin’s Bifocal View of the Civil-Rights Movement

Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law Lincoln Caplan profiles Tamiko Brown-Nagin ’97.

Wednesday, May 5, 2021


The SG’s Indefensible Advantage — A Commentary by Lincoln Caplan

Lincoln Caplan is Senior Research Scholar in Law at Yale Law School. 

Saturday, November 7, 2020


Indefensible Torture, Unfree Speech

Truman Capote Visiting Lecturer in Law Lincoln Caplan reviews The Black Banners Declassified: How Torture Derailed the War on Terror after 9/11 in The American Scholar.

Tuesday, June 30, 2020


Should Billy Joe Wardlow Be Executed for a Crime Committed When He Was Eighteen? — A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law at Yale Law School.

Tuesday, May 19, 2020


How the COVID-19 pandemic has created dire legal problems for the poor — A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law at Yale Law School.

Monday, December 2, 2019


This Man Should Not Be Executed — A Commentary by Lincoln Caplan

Lincoln Caplan is Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, September 18, 2019


What Reconstruction-Era Laws Can Teach Our Democracy

Truman Capote Visiting Lecturer in Law Lincoln Caplan reviewed Eric Foner’s book How the Civil War and Reconstruction Remade the Constitution.

Monday, January 7, 2019


Access to Justice

Senior Research Scholar in Law Lincoln Caplan at Yale Law School, William S. Beinecke Professor of Law Lance Malcolm Liebman at Columbia Law School, and Associate Professor of Sociology and Law Rebecca L. Sandefur at the University of Illinois at Urbana-Champaign are co-editors of this volume of 24 essays on the national crisis in civil legal services facing poor and low-income Americans.

Tuesday, September 4, 2018


Stress Test for Free Speech — A Commentary by Lincoln Caplan

Lincoln Caplan is a Senior Research Scholar in Law at Yale Law School. 

Saturday, September 1, 2018


The Political Solicitor General — A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law and a Senior Research Scholar in Law at Yale Law School. 

Tuesday, June 12, 2018


A President, a Chief Justice and the Politics of Segregation

Research Scholar in Law Lincoln Caplan reviews the book Eisenhower vs. Warren by James F. Simon.

Tuesday, May 1, 2018


Our Towns

Research Scholar in Law Lincoln Caplan profiles Jim and Deb Fallows.

Monday, January 1, 2018


America’s Little Giant

Research Scholar in Law Lincoln Caplan reviews The Three Lives of James Madison: Genius, Partisan, President by Noah Feldman.

Wednesday, October 11, 2017


Should Facebook and Twitter Be Regulated Under the First Amendment?—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Tuesday, March 21, 2017


How the First Amendment Applies to Trump’s Presidency—A Commentary by Lincoln Caplan

Lincoln Caplan is a Senior Research Scholar in Law at Yale Law School.

Saturday, December 31, 2016


The Growing Gap Between the U.S. and the International Anti-Death-Penalty Consensus—A Commentary by Lincoln Caplan

Lincoln Caplan is a Senior Research Scholar in Law at Yale Law School.

Wednesday, November 30, 2016


Will the Supreme Court Stop Texas from Executing the Intellectually Disabled?—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, September 14, 2016


Two Connecticut School Systems, for the Rich and Poor—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, June 1, 2016


Why a Brooklyn Judge Refused to Send a Drug Courier to Prison—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Saturday, May 21, 2016


The End of the Open Market for Lethal-Injection Drugs—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Monday, May 9, 2016


The Dangers of the Ever More Powerful Presidency—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Monday, May 2, 2016


Virginians with a Felony Conviction Can Now Vote, But Getting a Job Is No Easier—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, April 20, 2016


Racial Discrimination and Capital Punishment: The Indefensible Death Sentence of Duane Buck—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, March 16, 2016


Merrick Garland, President Obama’s Sensible Supreme Court Choice—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law.

Thursday, February 25, 2016


G.O.P. Obstructionism and the Supreme Court—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, December 9, 2015


Thurgood Marshall and the Need for Affirmative Action—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Friday, December 4, 2015


The Death Penalty in Texas and a Conflict of Interest—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Tuesday, November 17, 2015


Will the “Tobacco Strategy” Work Against Big Oil?—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, September 30, 2015


Richard Glossip and the End of the Death Penalty—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Friday, August 14, 2015


A Strong Argument Against Capital Punishment—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Friday, August 7, 2015


A Limited Victory for Voting Rights in Texas—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Monday, July 27, 2015


Does the Supreme Court Need a Code of Conduct?—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Tuesday, July 21, 2015


Scott Walker’s Wisconsin and the End of Campaign-Finance Law—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Thursday, July 9, 2015


Lawyers and the Ick Factor—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Tuesday, June 30, 2015


John Robert’s Court—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Sunday, June 21, 2015


The Destruction of Defendants’ Rights—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Tuesday, May 5, 2015


The Destruction of the Wisconsin Supreme Court—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Friday, April 17, 2015


The Junior Justice—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Wednesday, April 15, 2015


The Death Penalty Deserves the Death Penalty—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.

Monday, March 2, 2015


The Embattled First Amendment—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School. 

Friday, February 27, 2015


Anthony Lewis: What He Learned at Harvard Law School—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School. 

Wednesday, January 7, 2015


The Hinckley Example Shows Fairness Is Possible—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School. 

Tuesday, January 6, 2015


The Supreme Court’s Advocacy Gap—A Commentary by Lincoln Caplan

Lincoln Caplan is the Truman Capote Visiting Lecturer in Law at Yale Law School.