William E Forbath

William E Forbath: Publications

• other

  Socialism Past and Future (Part I of II)

  Law and Political Economy

  Authors:

  June 18, 2020

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• book

  THE ANTI-OLIGARCHY CONSTITUTION

  Harvard University Press

  Authors:

  Joseph R Fishkin, William E Forbath

  2022

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• contribution

  Constitutionalism, Human Rights, and the Genealogy of American Jewish Liberalism: A Comment

  in THE LAW OF STRANGERS: JEWISH LAWYERING AND INTERNATIONAL LEGAL THOUGHT IN HISTORICAL PERSPECTIVE; Cambridge University Press

  Authors:

  (forthcoming 2018)

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• contribution

  Wealth, Commonwealth and the Constitution of Opportunity

  LVIII NOMOS

  Authors:

  Joseph R Fishkin, William E Forbath

  2017

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• other

  Op-Ed: A New Type of Labor Law for a New Type of Worker

  The New York Times

  Authors:

  William E Forbath, Brishen Rogers

  September 4, 2017

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• article

  Reclaiming Constitutional Political Economy: An Introduction to the Symposium on the Constitution and Economic Inequality

  Texas Law Review

  Authors:

  Joseph R Fishkin, William E Forbath

  2016

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• article

  The Democracy of Opportunity and Constitutional Politics: A Response

  Texas Law Review

  Authors:

  Joseph R Fishkin, William E Forbath

  2016

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• article

  The Anti-Oligarchy Constitution

  Boston University Law Review

  Authors:

  Joseph R Fishkin, William E Forbath

  2014

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• article

  The Great Society and the Constitution of Opportunity

  Drake Law Review

  Authors:

  Joseph R Fishkin, William E Forbath

  2014

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• article

  Workingman's Constitution

  NEW YORK TIMES

  Authors:

  July 6, 2012

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• article

  Workers’ Rights and the Distributive Constitution

  DISSENT

  Authors:

  Spring 2012

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• article

  The Distributive Constitution and Workers’ Rights

  OHIO STATE LAW JOURNAL

  Authors:

  2011

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• review

  Radicalism and the Modern State: A Critique of Republican Nostalgia

  CORNELL JOURNAL of LAW & PUBLIC POLICY

  Authors:

  2011

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• article

  The Distributive Constitution

  DEMOCRACY

  Authors:

  2011

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• article

  Social and Economic Rights in Latin America: Constitutional Courts and the Prospects for Pro-Poor Interventions

  Texas Law Review

  Authors:

  William E Forbath, Daniel M. Brinks

  2011

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• contribution

  Cultural Transformation, Deep Institutional Reform, and ESR Practice: South Africa's Treatment Action Campaign

  Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty

  Authors:

  William E Forbath, Zackie Achmat, Geoff Budlender, & Mark Heywood

  2011

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• article

  The Framers and Us: How Not to Use History to Argue about the Constitution and the Supreme Court

  POLITICO

  Authors:

  April 17, 2010

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• contribution

  Courting the State: An Essay for Morton Horwitz

  2 TRANSFORMATIONS IN AMERICAN LEGAL HISTORY

  Authors:

  2010

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• article

  The Will of the People? Pollsters, Elites, and Other Difficulties

  GEORGE WASHINGTON LAW REVIEW

  Authors:

  2010

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• contribution

  Social and Economic Rights in the American Grain: Reclaiming Constitutional Political Economy

  THE CONSTITUTION IN 2020

  Authors:

  2009

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• article

  The Politics of Race, Rights, and Needs--and the Perils of a Democratic Victory in Post-Welfare America: Some Reflections on the Work of Felicia Kornbluh

  YALE JOURNAL OF LAW AND FEMINISM

  Authors:

  2008

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• contribution

  Politics, State-Building, and the Courts, 1870-1920

  THE CAMBRIDGE HISTORY OF LAW IN AMERICA

  Authors:

  2008

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• article

  The Long Life of Liberal America: Law and State-Building in England and the U.S.

  LAW & HISTORY REVIEW

  Authors:

  2006

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• contribution

  Not So Simple Justice: Theories of Social Rights and the American Constitution

  Theories of Social and Economic Justice

  Authors:

  2005

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• contribution

  Labor

  The Oxford Companion to the Supreme Court of the United States

  Authors:

  William E Forbath, Craig Becker

  2005

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• article

  Working Borders: Linking Debates About Insourcing and Outsourcing of Capital and Labor [conference proceedings]

  TEXAS INTERNATIONAL LAW JOURNAL

  Authors:

  Karen Engle, William E Forbath, et al.

  2005

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• contribution

  The White Court (1910-1921): A Progressive Court?

  THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE

  Authors:

  2005

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• article

  Social Rights, Courts and Constitutional Democracy: Welfare Rights and Poverty in the U.S.

  DEMOCRATIZATION

  Authors:

  2005

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• article

  Rights Stuff

  THE AMERICAN PROSPECT

  Authors:

  Sept. 2004

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• article

  Not So Simple Justice: Frank Michelman on Social Rights, 1969 - Present [Symposium: The Scholarship of Frank I. Michelman]

  TULSA LAW REVIEW

  Authors:

  2004

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• article

  Lincoln, the Declaration, and The "Grisly, Undying Corpse of States' Rights": History, Memory, and Imagination in the Constitution of a Southern Liberal [Symposium: Charles L. Black, Jr.]

  GEORGETOWN LAW JOURNAL

  Authors:

  2004

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• article

  Comparative Avenues in Constitutional Law: An Introduction [Symposium: Comparative Avenues in Constitutional Law]

  TEXAS LAW REVIEW

  Authors:

  William E Forbath, Lawrence Sager

  2004

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• review

  Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy

  Journal of American History

  Authors:

  2004

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• article

  The Smart Road Out of Redistricting Quagmire

  AUSTIN AMERICAN-STATESMAN

  Authors:

  July 19, 2003

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• article

  The Politics of Constitutional Design: Obduracy and Amendability--A Comment on Ferejohn and Sager

  TEXAS LAW REVIEW

  Authors:

  2003

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• contribution

  Antitrust Laws; Clayton Act, Labor Provisions; Danbury Hatters' Case; Hague v. Committee on Industrial Organization; Injunctions, Labor; International Labor Organization; Right-to-Work Laws; and Taft-Hartley Act

  DICTIONARY OF AMERICAN HISTORY

  Authors:

  2003

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• article

  Constitutional Welfare Rights: A History, Critique, and Reconstruction

  FORDHAM LAW REVIEW

  Authors:

  2001

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• article

  The New Deal Constitution in Exile

  DUKE LAW JOURNAL

  Authors:

  2001

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• article

  Civil Rights and Economic Citizenship: Notes on the Past and Future of the Civil Rights and Labor Movements

  UNIVERSITY of PENNSYLVANIA JOURNAL of LABOR & EMPLOYMENT LAW

  Authors:

  2000

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• contribution

  Constitutional Dualism

  2 ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION

  Authors:

  2000

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• contribution

  Labor Movement

  4 ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION

  Authors:

  2000

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• article

  Merit and Diversity After Hopwood

  STANFORD LAW & POLICY REVIEW

  Authors:

  William E Forbath, Gerald Torres

  1999

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• article

  Constitutional Change and the Politics of History

  YALE LAW JOURNAL

  Authors:

  1999

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• article

  Caste, Class, and Equal Citizenship

  MICHIGAN LAW REVIEW

  Authors:

  1999

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• article

  Not So Simple

  LABOR HISTORY

  Authors:

  1999

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• contribution

  Short-Circuit: A Critique of Habermas' Understanding of Law, Politics, and Economic Life

  HABERMAS ON LAW AND DEMOCRACY: CRITICAL EXCHANGES

  Authors:

  1998

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• contribution

  Caste, Class, and Equal Citizenship

  MORAL PROBLEMS IN AMERICAN LIFE: NEW PERSPECTIVES ON CULTURAL HISTORY

  Authors:

  1998

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• review

  Habermas's Constitution: A History, Guide, and Critique

  LAW & SOCIAL INQUIRY

  Authors:

  1998

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• article

  The "Talented Tenth" in Texas

  THE NATION

  Authors:

  William E Forbath, Gerald Torres

  December 15, 1997

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• contribution

  Down by Law? History and Prophecy about Organizing in Hard Times and a Hostile Legal Order

  AUDACIOUS DEMOCRACY: LABOR, INTELLECTUALS, AND THE SOCIAL RECONSTRUCTION OF AMERICA

  Authors:

  1997

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• contribution

  The Role of the Courts of the United States in Asylum Cases

  ENFORCING INTERNATIONAL HUMAN RIGHTS IN DOMESTIC COURTS

  Authors:

  1997

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• article

  Short-Circuit: A Critique of Habermas's Understanding of Law, Politics, and Economic Life

  CARDOZO LAW REVIEW

  Authors:

  1996

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• contribution

  Louis Brandeis

  A COMPANION TO AMERICAN THOUGHT

  Authors:

  1994

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• article

  Why Is This Rights Talk Different from All Other Rights Talk? Demoting the Court and Reimaging the Constitution

  STANFORD LAW REVIEW

  Authors:

  1994

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• article

  The Presence of the Past: Voluntarism, Producerism, and the Fate of Economic Democracy

  LAW & SOCIAL INQUIRY

  Authors:

  1994

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• article

  The Maternalist Welfare State

  Los Angeles Times Book Review

  Authors:

  September 28, 1993

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• article

  Civil Rights, Economic Justice and the Meaning of the Guinier Affair

  LEGAL TIMES

  Authors:

  June 28, 1993

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• contribution

  Labor and the Supreme Court

  THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES

  Authors:

  1992

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• contribution

  Law and the Shaping of Labor Politics in the United States and England

  LABOR LAW IN AMERICA: HISTORICAL AND CRITICAL ESSAYS

  Authors:

  1992

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• book

  LAW AND THE SHAPING OF THE AMERICAN LABOR MOVEMENT

  Cambridge, MA: Harvard University Press

  Authors:

  1991

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• article

  Would European Models of Government Make America More Democratic? A Skeptical View

  LAW & SOCIAL INQUIRY

  Authors:

  1991

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• article

  Courts, Constitutions, and Labor Politics in England and America: A Study of the Constitutive Power of Law

  LAW & SOCIAL INQUIRY

  Authors:

  1991

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• contribution

  Labor and the Constitution

  ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION, SUPPLEMENT I

  Authors:

  1991

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• article

  The Shaping of the American Labor Movement

  HARVARD LAW REVIEW

  Authors:

  1989

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• article

  Deviationist Doctrine and Constitutional History

  RADICAL HISTORY REVIEW

  Authors:

  1988

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• book

  THE UNQUIET YEARS, Vol. 19 in THE AMERICAN DESTINY: AN ILLUSTRATED HISTORY OF THE UNITED STATES

  London: Orbis

  Authors:

  William E Forbath, E. J. Dionne

  1986

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• review

  Taking Lefts Seriously

  YALE LAW JOURNAL

  Authors:

  1983

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