Joseph R. Fishkin

  • Professor


  • JD Yale
  • DPhil Oxford
  • MPhil Oxford
  • BA Yale

Professor Fishkin's research and teaching interests include employment discrimination law, constitutional law, election law, distributive justice, education law, and torts. He is particularly interested in questions of equality and equal opportunity at the intersection of law and political theory. His book, Bottlenecks: A New Theory of Equal Opportunity, was recently published by Oxford University Press. His major new project is a book with coauthor Willy Forbath called The Anti-Oligarchy Constitution, under contract with Harvard University Press.

Professor Fishkin received a B.A. in Ethics, Politics, and Economics from Yale University and a J.D. from Yale Law School. He received a D. Phil. in Politics from Oxford University, where he was a Fulbright Scholar. After law school he clerked for Chief Justice Margaret Marshall of the Supreme Judicial Court of Massachusetts. Before joining the UT faculty, he was a Ruebhausen Fellow at Yale Law School.

He blogs regularly at Balkinization.

A collection of links to symposia and commentary about Bottlenecks can be found here.

Recent Publications

  • The Party’s Over: McCutcheon, Shadow Parties, and the Future of the Party System, 2014 Supreme Court Review 175 (2015) (with Heather K. Gerken). View article
  • Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014). [Translated into Chinese as 瓶颈——机会平等新论 with a new preface by the author; Social Science Academic Press, 2015].
  • The Anti-Bottleneck Principle in Employment Discrimination Law, 91 Washington University Law Review 1429 (2014). View article

Full list of publications…