Reva Siegel
Nicholas deB. Katzenbach Professor of Law
Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Professor Siegel’s writing draws on legal history to explore questions of law and inequality and to analyze how courts interact with representative government and popular movements in interpreting the Constitution.
FULL BIOGRAPHY
Contact Information
- Room 209
- 203-432-6791
- reva.siegel@yale.edu
Faculty Assistant
Lise Cavallaro
- J25
- 203-432-4756
- lise.cavallaro@yale.edu
Education & Curriculum Vitae
J.D., Yale Law School
M.Phil., Yale University
B.A., Yale University
Courses Taught
- Constitutional Law
- Democratic Constitutionalism
- Antidiscrimination Law
- Law and Inequality
- Reproductive Justice
- The Constitution of the Family
- Equality, Community, and Sovereignty, Transnationally
- The Politics of Method—Law & Economics and Originalism
Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Professor Siegel’s writing draws on legal history to explore questions of law and inequality and to analyze how courts interact with representative government and popular movements in interpreting the Constitution.
Her articles include: Guided by History: Protecting the Public Sphere from Weapons Threats under Bruen, 98 N.Y.U. Rev. (forthcoming 2023) (with Joseph Blocher), Memory Games: Dobbs’s Originalism as Anti-Democratic Living Constitutionalism — and Some Pathways for Resistance, 101 Texas L. Rev. (forthcoming 2023); Equal Protection in Dobbs and Beyond: How States Protect Life Inside and Outside of the Abortion Context, 43 Colum. J. of Gender & the Law (forthcoming 2023) (with Serena Mayeri & Melissa Murray); The Politics of Constitutional Memory, 20 Geo. J. L & Pub. Pol’y 19 (2022); Answering the Lochner Objection: Substantive Due Process and the Role of Courts in a Democracy, 96 N.Y.U.L. Rev. 1902 (2021) (with Douglas NeJaime); When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller, 115 Nw. L. Rev. 139 (2021) (with Joseph Blocher); The Nineteenth Amendment and the Democratization of the Family, 129 Yale L.J.F. 450 (2020); The Constitutionalization of Disparate Impact—Court-Centered and Popular Pathways, 106 Cal. L. Rev. 2001 (2019); and Community in Conflict: Same-Sex Marriage and Backlash, 64 U.C.L.A. L. Rev. 1728 (2017). Her books include Processes of Constitutional Decisionmaking (8th ed. 2022) (with Sanford Levinson, Jack Balkin, Akhil Amar & Cristina Rodriguez); Reproductive Rights and Justice Stories (2019) (co-edited with Melissa Murray & Kate Shaw), and Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court’s Ruling (2d ed. 2012) (with Linda Greenhouse).
Professor Siegel is a member of the American Philosophical Society, a member of the American Academy of Arts and Sciences, and an honorary fellow of the American Society for Legal History. She serves on the board of Advisors and the Board of Academic Advisors of the American Constitution Society and on the General Council of the International Society of Public Law.
Monday, January 23, 2023
Reproductive Rights and Dobbs
A Q&A with Professor Reva Siegel on the impacts of the Dobbs decision.
Sunday, January 22, 2023
The 50th Anniversary of Roe v. Wade
Constitutional Crisis Hotline
Clinical Lecturer in Law Linda Greenhouse ’78 MSL and Nicholas deB. Katzenbach Professor of Law Reva Siegel discuss how Roe v. Wade should be commemorated after the Supreme Court overruled the landmark ruling in Dobbs v. Jackson Women’s Health last year. Jed Shugerman ’02 and Julie Suk ’03 host the conversation.
Wednesday, December 21, 2022
Antidiscrimination Law for a New Era
Professors Douglas NeJaime and Reva Siegel taught Law and Inequality together this fall, taking an intentionally broad view of the topic.
Thursday, December 15, 2022
We Disagree About Abortion but With One Voice Support This Urgently-needed Law — A Commentary by Reva Siegel et al
CNN
Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School.
Monday, July 11, 2022
Supreme Court Turns to History: How Does Past Speak to the Present?
The Christian Science Monitor
Knight Professor of Constitutional Law and the First Amendment Jack Balkin and Nicholas deB. Katzenbach Professor of Law Reva Siegel are quoted about the extent to which history and tradition are a focus for the current Supreme Court.
Tuesday, July 5, 2022
After Roe, Are Republicans Willing to Expand the Social Safety Net?
The Guardian
Nicholas deB. Katzenbach Professor of Law Reva Siegel is cited about the potential of Republican states to expand social services to pregnant women after Dobbs v. Jackson.
Thursday, June 30, 2022
Abortion Ruling by Supreme Court Sparks Closer Scrutiny of Substantive Due Process
ABA Journal
Nicholas deB. Katzenbach Professor of Law at Yale Law School Reva Siegel is quoted about the future of substantive due process rights.
Saturday, June 25, 2022
The Trump Court Limited Women’s Rights Using 19th-Century Standards — A Commentary by Reva Siegel
The Washington Post
Reva Siegel is Nicholas deB. Katzenbach Professor of Law at Yale Law School.
Saturday, June 25, 2022
How Did Roe Fall?
The New York Times
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted on the abortion debate since Roe.
Friday, June 24, 2022
How G.O.P. Support for Decriminalizing Abortion Faded Over Decades
New York Times
Scholarship by Clinical Lecturer in Law and Senior Research Scholar in Law Linda Greenhouse ’78 MSL and Nicholas deB. Katzenbach Professor of Law Reva Siegel is cited in this New York Times article.
Friday, June 24, 2022
The Supreme Court’s Selective Memory
The New Yorker
Scholarship by Nicholas deB. Katzenbach Professor of Law Reva Siegel is referenced in this review of the New York State Rifle & Pistol Association v. Bruen decision.
Thursday, June 2, 2022
How the Second Amendment Was Reinterpreted To Protect Individual Rights
The Washington Post
Nicholas deB. Katzenbach Professor of Law Reva Siegel comments on changing interpretations of the Second Amendment by gun rights groups.
Friday, May 20, 2022
America Almost Took a Different Path Toward Abortion Rights
The New York Times
Work by Nicholas deB. Katzenbach Professor of Law Reva Siegel is mentioned in a story on the history of abortion rights in America.
Saturday, May 14, 2022
The End of Roe Will Mean More Children Living in Poverty
Vox
A report on the potential economic impact on families if Roe v. Wade is overturned cites an amicus brief authored by Nicholas deB. Katzenbach Professor of Law Reva Siegel, Serena Mayeri ’01, and Melissa Murray ’02.
Friday, March 25, 2022
Connecticut’s Landmark Griswold Case on Solid Ground Despite Recent Scrutiny, Experts Say
CT Insider
Nicholas deB. Katzenbach Professor of Law Reva Siegel comments on precedents set by Griswold v. Connecticut in light of recent criticisms of the landmark 1965 ruling.
Tuesday, January 25, 2022
Solomon Center Co-Hosts Panel on Future of Reproductive Rights and Advocacy
A panel co-hosted by the Solomon Center and the Information Society Project’s Program for the Study of Reproductive Justice examined the future of abortion rights and reproductive justice advocacy since the overturn of Roe v. Wade.
Friday, December 10, 2021
What Would a Post-Roe America Look Like?
The New York Times
Nicholas deB. Katzenbach Professor of Law Reva Siegel is among the legal scholars, researchers and writers contributing thoughts on what the fall of Roe v. Wade might mean.
Tuesday, November 30, 2021
The Judge Who Told the Truth About the Mississippi Abortion Ban
The Atlantic
Scholarship by Nicholas deB. Katzenbach Professor of Law Reva Siegel is cited by the Atlantic regarding the use of arguments related to women’s healthcare to restrict abortion.
Monday, September 13, 2021
How the Real Jane Roe Shaped the Abortion Wars
The New Yorker
A review of The Family Roe: An American Story cites research by Nicholas deB. Katzenbach Professor of Law Reva Siegel and Clinical Lecturer in Law Linda Greenhouse ’78 MSL.
Tuesday, September 7, 2021
Most Extreme Abortion Law in U.S. Takes Effect in Texas
The Guardian
Nicholas deB. Katzenbach Professor of Law Reva Siegel and Melissa Murray ’02 comment on the new Texas abortion law.
Monday, March 8, 2021
Guns Are a Threat to the Body Politic — A Commentary by Reva Siegel and Joseph Blocher ’06
The Atlantic
Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Joseph Blocher ’06 is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law.
Monday, March 8, 2021
A primer on the history of sexual harassment—and why it deserves a place in diversity training
Fast Company
Nicholas deB. Katzenbach Professor of Law Reva Siegel’s scholarship is cited in a Fast Company article about the history of sexual harassment.
Thursday, October 8, 2020
Mike Pence Does Not Respect Life
Slate
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted in a Slate article about Vice President Pence.
Saturday, September 19, 2020
The Case That Helped Define Ruth Bader Ginsburg’s Gender Equality Fight
The Wall Street Journal
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted in the Wall Street Journal about a 1972 case that helped define Ruth Bader Ginsburg’s legacy on equal rights for women.
Wednesday, August 26, 2020
Women won the vote but not the suffragists’ larger goal — A Commentary by Reva Siegel and Julie Suk ’03
Los Angeles Times
Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Julie Chi-hye Suk ’03 is a Florence Rogatz Visiting Professor of Law at Yale Law School and Professor of Sociology, Political Science, and Liberal Studies at The Graduate Center of the City University of New York (CUNY).
Tuesday, August 18, 2020
Equal Rights Amendment: Will women ever have equal rights under federal law?
USA Today
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted in USA Today about the Equal Rights Amendment.
Thursday, April 16, 2020
The Stories Behind Twelve Significant Reproductive Rights and Justice Legal Cases
Ms. Magazine
Ms. Magazine quotes Nicholas deB. Katzenbach Professor of Law Reva Siegel about her new book recounting the stories behind a dozen reproductive rights and justice legal cases. Siegel authored one of the book’s chapters and was an editor of the volume.
Wednesday, January 22, 2020
What antiabortion advocates get wrong about the women who secured the right to vote — A Commentary by Reva Siegel and Stacie Taranto
Washington Post
Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Stacie Taranto is an associate professor of history at Ramapo College of New Jersey.
Thursday, January 16, 2020
Bill Barr Doesn’t Get to Decide What’s in the Constitution
The Atlantic
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted in The Atlantic about the Equal Rights Amendment.
Friday, December 13, 2019
Body of Law: Beyond Roe
NPR / On the Media
Nicholas deB. Katzenbach Professor of Law Reva Siegel was interviewed on National Public Radio’s On the Media about Roe v. Wade.
Saturday, November 30, 2019
Why Regulate Guns? — A Commentary by Reva Siegel and Joseph Blocher
Take Care
Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Joseph Blocher is Lanty L. Smith ’67 Professor of Law at Duke Law.
Wednesday, July 10, 2019
Seminar Returns to Argentina with Gender and Equality Focus
Legal scholars from Yale Law School and 14 countries convened in Buenos Aires in June for the 24th annual Seminario en Latinoamérica de Teoría Constitutional y Política, or SELA, this year addressing the topic of gender and equality.
Tuesday, June 11, 2019
Abortion, Equal Protection, and the ERA — Courts Then and Now
Take Care
The new book Reproductive Rights and Justice Stories, coedited by Nicholas deB. Katzenbach Professor of Law Reva Siegel ’86, is the subject of a symposium.
Tuesday, May 28, 2019
Abortion Battle Stirs Up Connecticut’s Griswold History
The Middletown Press
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted in an article about the history of Roe v. Wade and Griswold v. Connecticut.
Thursday, May 23, 2019
How State Abortion Laws Could Cost Republicans the 2020 Election
Fortune
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted an article about how new state abortion laws could backfire on the Republicans in the 2020 election.
Saturday, October 6, 2018
Is Brett Kavanaugh Damaged Goods?
Politico
Nicholas deB. Katzenbach Professor of Law Reva Siegel ’86 is one of several legal experts interviewed by Politico.
Tuesday, September 18, 2018
Academic highlight: Greenhouse and Siegel on the past, present and future of Roe v. Wade
ScotusBlog
A review on the chapter authored by Nicholas deB. Katzenbach Professor of Law Reva Siegel ’86 and Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse ’78 MSL in the forthcoming book Reproductive Rights and Justice Stories.
Friday, June 29, 2018
The End of Abortion—A Commentary by Reva Siegel
The New York Times
Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School.
Thursday, May 31, 2018
How Republicans Are Using The Anti-Abortion Playbook To Undermine Same-Sex Marriage
BuzzFeed
Nicholas deB. Katzenbach Professor of Law Reva Siegel and Professor of Law Douglas NeJaime are quoted in an article about efforts to roll back legal protections for same-sex marriage.
Monday, May 7, 2018
Cakes and the Conscience Wars—A Commentary by Douglas NeJaime and Reva Siegel
Oxford Human Rights Hub
Douglas NeJaime is Professor of Law and Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School.
Wednesday, May 2, 2018
Reva Siegel Elected to American Philosophical Society
Reva Siegel, Nicholas deB. Katzenbach Professor of Law at Yale Law School, has been elected to the American Philosophical Society in its 2018 class.
Thursday, January 4, 2018
Team Trump’s Audacious “Complicity” Claim for Nullifying Abortion Rights
The Washington Spectator
Nicholas deB. Katzenbach Professor of Law Reva Siegel, Professor of Law Douglas NeJaime, and Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse ’78 MSL are cited in an article about abortion rights.
Wednesday, December 6, 2017
What Masterpiece Cakeshop is Really About—A Commentary by Douglas NeJaime and Reva Siegel
Take Care
Reva Siegel is the Nicholas deB. Katzenbach Professor of Law and Douglas NeJaime is Professor of Law at Yale Law School.
Sunday, June 4, 2017
Trump and Pence Invoke Conscience to Block Contraception, Contrary to Our Religious Liberty Tradition—A Commentary by Douglas NeJaime and Reva Siegel ’86
Take Care
Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law and Douglas NeJaime is the Martin R. Flug Visiting Professor of Law at Yale Law School.
Sunday, March 19, 2017
Senate Democrats Lighting The Grill For Gorsuch's Confirmation Hearings
National Public Radio/ Morning Edition
Nicholas deB. Katzenbach Professor of Law Reva Siegel is quoted in an article about the upcoming confirmation hearing for Neil Gorsuch, nominated to the Supreme Court.
Friday, October 14, 2016
Michelle Obama Was Right About the History of Workplace Sexual Harassment
Time Magazine
Ford Foundation Professor of Law and Social Sciences Vicki Schultz is quoted and Nicholas deB. Katzenbach Professor of Law Reva Siegel ’86 is cited in an article about the history of sexual harassment law. Irving S. Ribicoff Visiting Professor of Law Joseph Fishkin ’07 is also quoted.
Wednesday, February 24, 2016
Lecturer: Abortion rules must respect women’s dignity
New Wave (Tulane University)
A report on a talk that Nicholas deB. Katzenbach Professor of Law Reva Siegel gave about abortion law and the current case before the Supreme Court.
Friday, February 19, 2016
Conference to Be Held on Obergefell Decision
At an event titled “What Obergefell v. Hodges Should Have Said,” preeminent law scholars will rewrite the Supreme Court landmark opinion upholding the right of same-sex couples to marry. The conference will take place on April 15, 2016, at 1:15 p.m. in Room 127.
Monday, June 29, 2015
Conscience and the Culture Wars—A Commentary by Reva Siegel and Douglas NeJaime
The American Prospect
Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School and Douglas NeJaime is Professor of Law at UC Irvine School of Law.
Friday, June 19, 2015
What Are Anti-Marriage-Equality Forces Really Demanding? Hint: It's Not a 'Live and Let Live' World
The Huffington Post
Nicholas deB. Katzenbach Professor of Law Reva Siegel is mentioned in an article about complicity-based conscience claims in the question of same-sex marriage.
Tuesday, June 16, 2015
Conscience Wars and Complicity Claims—A Commentary by Douglas NeJaime and Reva Siegel
Oxford Human Rights Hub
Douglas NeJaime is Professor of Law at UC Irvine School of Law and Professor Reva Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School.
Monday, June 15, 2015
The Supreme Court's momentous abortion decision
Legalera.in
Nicholas deB. Katzenbach Professor of Law Reva Siegel ’86 is quoted in an article about the Supreme Court and abortion rulings.
Sunday, June 14, 2015
The Supreme Court’s momentous abortion decision
MSNBC
Nicholas deB. Katzenbach Professor of Law Reva Siegel ’86 is quoted in an article on state challenges to women’s access to abortion.
Wednesday, November 13, 2013
Professor Reva Siegel Elected Honorary Fellow of the American Society for Legal History
The Society’s Honorary Fellowship recognizes distinguished historians whose scholarship has shaped the broad discipline of legal history and influenced the work of others.
Monday, October 12, 2009
SELA Participants Gather in Paraguay to Examine Law and Sexuality
Nearly 100 lawyers and legal scholars from North and South America gathered in Asunción, Paraguay, this past June for the 2009 SELA meeting.
Tuesday, February 19, 2008
China Law Center Co-Hosts Anti-Discrimination Workshop in Chengdu
Yale Law School's Jack Balkin (behind left), Paul Gewirtz '70 (left), and Reva Siegel ’86 (right) attended.
Tuesday, May 29, 2007
Professor Robert Post Delivers First Lecture in New Series on Free Expression
The China Law Center and Peking University kicked off a new lecture series in Beijing on May 18, 2007, with a lecture by YLS Professor Robert Post. His address, part of a day-long program, was the first in a new series on “Information and Expression in a Transforming Society.”
BOOKS:
Processes of Constitutional Decisionmaking, with Sanford Levinson, Jack Balkin, Akhil Amar, & Cristina Rodríguez (8th ed. 2022)
Reproductive Rights and Justice Stories, co-edited with Melissa Murray & Kate Shaw (Foundation Press, 2019) including The Unfinished Story of Roe v. Wade (with Linda Greenhouse), on SSRN
Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court’s Ruling, with Linda Greenhouse (Kaplan Publishing, 2010) (2d ed. 2012)
The Constitution in 2020, co-edited with Jack Balkin (Oxford University Press 2009), including our essay on Remembering How to Do Equality and an essay co-authored with Robert Post on Democratic Constitutionalism
Directions in Sexual Harassment Law, co-edited with Catharine A. MacKinnon (Yale University Press, 2004). Collection of 40 essays, including authored introductory essay, A Short History of Sexual Harassment
ARTICLES:
Equality Emerges as a Ground for Abortion Rights In and After Dobbs (with Cary Franklin) in Roe v. Dobbs: The Past, Present and Future of a Constitutional Right to Abortion (Lee Bollinger & Geoffrey R. Stone eds. forthcoming 2023)
Guided by History: Protecting the Public Sphere from Weapons Threats under Bruen, 98 N.Y.U. Rev. (forthcoming 2023) (with Joseph Blocher)
Originalism and Colorblindness: The Triumph of Constitutional Memory over Constitutional History (with Jack M. Balkin)
How “History and Tradition” Perpetuates Inequality: Dobbs on Abortion’s Nineteenth-Century Criminalization, 60 Hous. L. Rev. (forthcoming 2023)
Memory Games: Dobbs’s Originalism as Anti-Democratic Living Constitutionalism — and Some Pathways for Resistance, 101 Texas L. Rev. (forthcoming 2023)
Equal Protection in Dobbs and Beyond: How States Protect Life Inside and Outside of the Abortion Context, 43 Colum. J. of Gender & the Law 67 (2023) (with Serena Mayeri & Melissa Murray)
- Discusses equal protection argument of our amicus brief in Dobbs: Brief of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, and Reva Siegel as Amici Curiae in Support of Respondent, Dobbs v. Jackson Women’s Health Org., No. 19-1392, 2021 WL 4340072 (2021)
Abortion: Rights in Motion — Global Constitutionalism 2022 (with Linda Greenhouse & Judge Daniela Salazar Marín)
Race and Guns, Courts and Democracy, 135 Harv. L. Rev. F. 449 (2022) (with Joseph Blocher)
The Remaking of the Second Amendment, N.Y. REVIEW OF BOOKS, June 10, 2022 (with Duncan Hosie)
The Politics of Constitutional Memory, 20 Geo. J. L. & Pub. Policy 19 (2022)
Answering the Lochner Objection: Substantive Due Process and the Role of Courts in a Democracy, 96 N.Y.U.L. Rev. 1902 (2021) (with Douglas NeJaime), reprinted in 38 Civil Rights Litigation and Attorney Fees Handbook (Steven Salzman ed. 2022).
Why Restrict Abortion? Expanding the Frame on June Medical, 2020 Sup Ct Rev. 277 (2021).
When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller, 115 Nw L. Rev. 139 (2021) (with Joseph Blocher)
Surrogacy, Autonomy, and Equality, 2020 Global Constitutionalism Seminar Volume, Yale Law School (with Douglas NeJaime)
Conscience Wars in the Americas, 5 Latin Am. L. Rev. 1 (2020) (with Douglas NeJaime)
Guerras de conciencia en las Américas (Conscience Wars in the Americas), 5 Latin Am. L. Rev. 1 (2020) (with Doug NeJaime)
What Obergefell v. Hodges Should Have Said, Concurring Opinion (with Doug NeJaime), in WHAT OBERGEFELL V. HODGES SHOULD HAVE SAID (Jack Balkin ed. 2020)
Why Regulate Guns?, 48(4) J.L. Med. & Ethics (2020) (with Joseph Blocher)
The Pregnant Citizen, from Suffrage to the Present, Geo. L.J. 19th Amend. Special Edition 167 (2020), reprinted in 37 Civil Rights Litigation and Attorney Fees Handbook (Steven Salzman ed. 2021).
The Nineteenth Amendment and the Democratization of the Family, 129 Yale L.J.F. 450 (2020), reprinted in 36 Civil Rights Litigation and Attorney Fees Handbook (Steven Salzman ed. 2020).
The Constitutionalization of Disparate Impact—Court-Centered and Popular Pathways, 106 Cal. L. Rev. 2001 (2019)
Religious Exemptions and Antidiscrimination Law in Masterpiece Cakeshop, 128 Yale L.J.F. 201 (2018) (with Doug NeJaime)
Blind Justice: Why the Court Refused to Accept Statistical Evidence of Discriminatory Purpose in McCleskey v. Kemp—and Some Pathways for Change, 112 Nw. L. Rev. 1269 (2018)
"Critical Legal Histories" and Law's (In)determinacy, 70 STAN. L. REV. 1673 (2018)
Religious Accommodation, and its Limits, in a Pluralist Society, in RELIGIOUS FREEDOM AND LGBT RIGHTS: POSSIBILITIES AND CHALLENGES FOR FINDING COMMON GROUND (Robin Fretwell Wilson & William Eskridge, Jr. eds., 2018) (with Doug NeJaime)
Cutler Lecture: Pregnancy as a Normal Condition of Employment: Comparative and Role-Based Accounts of Discrimination, 58 Wm & Mary L. Rev. 971 (2018)
ProChoiceLife: Asking Who Protects Life and How--and Why It Matters In Law and Politics, 93 Ind. L.J. 207 (2018)
Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harm, and Pluralism in THE CONSCIENCE WARS: RETHINKING THE BALANCE BETWEEN RELIGION, IDENTITY, AND EQUALITY (Susanna Mancini & Michel Rosenfeld eds., Cambridge Univ. Press, 2018) (with Doug NeJaime)
Community in Conflict: Same-Sex Marriage and Backlash, 64 U.C.L.A. L. REV. 1728 (2017)
The Difference a Whole Woman Makes: Protection for the Abortion Right After Whole Woman’s Health, 126 Yale L.J. F. 149 (2016) (with Linda Greenhouse)
Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice, 125 Yale L.J. 1428 (2016) (with Linda Greenhouse)
Democratic Constitutionalism, National Constitution Center White Paper (2015) (with Robert Post)
Conscience and the Culture Wars, American Prospect, Summer 2015 (with Doug NeJaime)
Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics, 124 Yale L.J. 2516 (2015) (with Doug NeJaime)
Compelling Interests and Contraception, 47 Conn. L. Rev. 1026 (May 2015) (with Neil Siegel)
Contraception as a Sex Equality Right, 124 Yale L.J. F. (2015) (with Neil Siegel)
How Conflict Entrenched the Right to Privacy, 124 Yale L.J. F. 316 (2015)
Meador Lecture: Race-Conscious but Race-Neutral: The Constitutionality of Disparate Impact in the Roberts Court, 66 Ala. L. Rev. 663 (2015)
Harris Lecture: Abortion and the “Woman Question”: Forty Years of Debate, 89 Ind. L.J. 1365 (2014)
Dignity and the Duty to Protect Unborn Life in UNDERSTANDING HUMAN DIGNITY (Christopher McCrudden ed., 2014)
The Supreme Court, 2012 Term Foreword: Equality Divided, 127 Harv. L. Rev. 1 (2013)
Equality Arguments for Abortion Rights, 60 UCLA L. Rev. Disc. 160 (2013) (with Neil Siegel)
Backlash to the Future? From Roe to Perry, 60 UCLA L. Rev. Disc. 240 (2013) (with Linda Greenhouse)
Equality's Frontiers: How Congress's Section 5 Power Can Secure Transformative Equality (as Justice Ginsburg Illustrates in Coleman), 122 YaleL.J. Online 267 (2013).
Equality and Choice: Sex Equality Perspectives on Reproductive Rights in the Work of Ruth Bader Ginsburg, 25 Colum. J. Gender & L. 63 (2013).
The Constitutionalization of Abortion, in Michel Rosenfeld and Andras Sajo, eds., The Oxford Handbook of Comparative Constitutional Law 1057 (Oxford: Oxford University Press 2012), reprinted in Abortion Law in Transnational Perspective: Cases and Controversies (Rebecca J. Cook, Joanna Erdman, and Bernard H. Dickens 2014).
Dignity and Sexuality: Claims on Dignity in Transnational Debates Over Abortion and Same-Sex Marriage, 10 Intl. J. Con. L. 335 (2012).
Before (and After) Roe v. Wade: New Questions About Backlash, 120 YALE L.J.2028 (2011) (with Linda Greenhouse)
From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases, 120 YALE L.J. 1278 (2011)
Roe’s Roots: The Women’s Rights Claims that Engendered Roe, 90 B. U. L. Rev. 1875 (2010)
Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination, 59 DUKE L.J. 771 (2010) (with Neil Siegel), reprinted in The Legacy of Ruth Bader Ginsburg (Scott Dodson ed. 2015)
Pregnancy and Sex-Role Stereotyping, From Struck to Carhart, 70 OHIO ST. L.J. 1095 (2009) (with Neil Siegel)
Dignity and Reproductive Rights. SELA (The Seminario en Latinoamérica de Teoría Constitucional y Política – the Seminar in Latin America on Constitutional and Political Theory), June 2009 (Asunción, Paraguay).
Heller and Originalism's Dead Hand - In Theory and Practice, 56 U.C.L.A. L. REV. 1399-1424 (2009)
Introduction: The Constitutional Law and Politics of Reproductive Rights, 118 YALE L.J. 1312-17 (2009)
Dead or Alive: Originalism as Popular Constitutionalism in Heller, 122 HARV. L. REV. 191 (2008), reprinted in THE SECOND AMENDMENT ON TRIAL: CRITICAL ESSAYS ON DISTRICT OF COLUMBIA V. HELLER (Saul Cornell & Nathan Kozuskanich eds. 2013)
Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart Casey/Carhart, 117 YALE L.J. 1694-1800 (2008)
2007 Brainerd Currie Lecture.The Right's Reasons: Constitutional Conflict and the Spread of Woman-Protective Antiabortion Argument, 57 DUKE L.J. 1641 (2008)
Roe Rage: Democratic Constitutionalism and Backlash, 42 HARV.C.R.-C.L. L. Rev. 373 (co-authored with Robert Post)
Sex Equality Arguments for Reproductive Rights: Their Critical Basis and Evolving Constitutional Expression, 56 EMORY L. J. 815 (2007)
2006 Baum Lecture.The New Politics of Abortion: An Equality Analysis of Woman-Protective Abortion Restrictions, 2007 U. ILL. LAW REV 991 (2007)
Originalism As a Political Practice: The Right’s Living Constitution, 75 FORDHAM L. REV. 546-74 (2006) (co-authored with Robert Post)
2005-06 Brennan Center Symposium Lecture, Constitutional Culture, Social Movement Conflict and Constitutional Change: The Case of the de facto ERA, 94 CAL. L. REV. 1323-1419 (2006)
Mommy Dearest?: Woman-Protective Antiabortion Argument, AMERICAN PROSPECT (October 2006) (with Sarah Blustain)
Democratic Constitutionalism: A Reply to Professor Barron, 1 HARV. L. & POL'Y REV. (Online) (Sept. 18, 2006) (co-authored with Robert Post)
“You’ve Come A Long Way, Baby”: Rehnquist’s New Approach to Pregnancy Discrimination in Hibbs, 58 STAN. L. REV. 1871-98 (2006)
Principles, Practices, and Social Movements, 154 U. PENN. L. REV. 927-50 (2006) (co-authored with Jack M. Balkin)
Questioning Justice: Law and Politics in Judicial Confirmation Hearings, YALE LAW JOURNAL (THE POCKET PART), Jan. 2006, (co-authored with Robert Post)
Roe as Sex Equality Opinion in WHAT ROE SHOULD HAVE SAID (J.M. Balkin ed. NYU Press 2005)
The Jurisgenerative Role of Social Movements in U.S.Constitutional Law (for publication with the papers of the Seminario en Latino América de Teoria Constitucional y Politica (SELA), June 10-12, 2004, Oaxaca, México)
Popular Constitutionalism, Departmentalism, and Judicial Supremacy, 92 CALIF. L. REV. 1027-43 (2004) (co-authored with Robert Post)
Gender and the United States Constitution: Equal Protection, Privacy, and Federalism, in CONSTITUTING WOMEN: COMPARATIVE PERSPECTIVES (eds. Ruth Rubio-Marin & Beverley Baines, Cambridge Press 2004)
Equality Talk: Antisubordination and Anticlassification Values in Constitutional Struggles Over Brown, 117 HARV. L. REV. 1470-1547 (2004)
The American Civil Rights Tradition-- Anticlassification or Antisubordination?, in ISSUES IN LEGAL SCHOLARSHIP, THE ORIGINS AND FATE OF ANTISUBORDINATION THEORY: A SYMPOSIUM ON OWEN FISS'S "GROUPS AND THE EQUAL PROTECTION CLAUSE," reprinted in 58 U. MIAMI L. REV. 9 (2004)
Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act, 112 YALE L.J.1943-2059 (2003) (co-authored with Robert Post)
Protecting the Constitution from the People: Juricentric Restrictions on Section Five Power, 78 IND. L.J. 1-45 (2003) (co-authored with Robert Post)
She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family, 115 HARV. L. REV. 947-1046 (2002)
Text in Contest: Gender and the Constitution from a Social Movement Perspective, 150 U. PENN. L. REV. 297-351 (2001)
Equal Protection By Law: Federal Antidiscrimination Legislation After Morrison and Kimel, 110 YALE L.J. 441-526 ( 2000) (co-authored with Robert Post)
Discrimination in the Eyes of the Law: How “Color Blindness” Discourse Disrupts and Rationalizes Social Stratification, 88 CALIF. L. REV. 77-118 (2000), reprinted in Prejudicial Appearances (Duke Press 2001)
Collective Memory and the Nineteenth Amendment: Reasoning About “the Woman Question” in the Discourse of Sex Discrimination in HISTORY, MEMORY, AND THE LAW (Austin Sarat & Thomas R. Kearnes eds. 1999)
The Racial Rhetorics of Colorblind Constitutionalism: The Case of Hopwood v. Texas in RACE AND REPRESENTATION: AFFIRMATIVE ACTION (Robert Post & Michael Rogin eds.1998)
Valuing Housework: Nineteenth-Century Anxieties about the Commodification of Domestic Labor, in Special Issue: Changing Forms of Payment, 41 AMERICAN BEHAVIORAL SCIENTIST 1437-51 (1998)
Civil Rights Reform in Historical Perspective: Regulating Marital Violence in REDEFINING EQUALITY (Neil Devins & David Douglas eds.1998)
Why Equal Protection No Longer Protects: The Evolving Forms of Status-Enforcing State Action, 49 STAN. L. REV.1111-1148 (1997)
“The Rule of Love”: Wife Beating as Prerogative and Privacy, 105 YALE L.J. 2117-2206 (1996)
In the Eyes of the Law: Reflections on the Authority of Legal Discourse in LAW'S STORIES: NARRATIVE AND RHETORIC IN THE LAW (Peter Brooks & Paul Gewirtz eds., 1996)
Modernizing Wife Beating in YALE LAW REPORT (Fall 1996)
Abortion in A COMPANION TO AMERICAN THOUGHT (R. Fox & J. Kloppenberg eds., 1995)
Abortion As a Sex Equality Right: Its Basis in Feminist Theory in MOTHERS IN LAW: FEMINIST THEORY AND THE LEGAL REGULATION OF MOTHERHOOD (Martha Fineman & Isabel Karpin eds., 1995)
The Modernization of Marital Status Law: Adjudicating Wives' Rights to Earnings, 1860-1930, 82 GEO. L.J. 2127-2211 (1995)
Home As Work: The First Woman's Rights Claims Concerning Wives' Household Labor, 1850 - 1880, 103 YALE L.J. 1073-1217 (1994)
Reasoning From the Body: An Historical Perspective on Abortion Regulation and Questions of Equal Protection, 44 STAN. L. REV. 261-381 (1992)
Book Review, 3 BERKLEY WOMEN'S L.J. 171 (1988) (reviewing S. LEHRER, ORIGINS OF PROTECTIVE LABOR LEGISLATION FOR WOMEN, 1905 - 1915 (1987))
Employment Equality Under the Pregnancy Discrimination Amendment of 1978, 94 YALE L.J. 929 (1985)