Joseph R. Fishkin

  • Professor

Education

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

Professor Fishkin's research and teaching interests include employment discrimination, election law, education law, constitutional law, torts, and distributive justice. 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, is just out from Oxford University Press. His forthcoming article with Willy Forbath, The Anti-Oligarchy Constitution, is the first installment of a joint project that will become a book, The Constitution of Opportunity, under contract with Harvard University Press. His article, The Anti-Bottleneck Principle in Employment Discrimination Law, will appear in the Washington University Law Review in 2014. His essay The Dignity of the South appeared last year in the Yale Law Journal Online.

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
  • The Anti-Bottleneck Principle in Employment Discrimination Law, 91 Washington University Law Review 1429 (2014). View article
  • Character is Experience, in Essays on Character & Opportunity (Richard Reeves, ed., Brookings Center on Children & Families, 2014). View article

Full list of publications…