Liked Resnik's talk on Equality today?

[Anjali Motgi]

Then you're gonna really like her latest paper. We're reading it next week in PSW, and it's attached. I strongly encourage you all to check it out! 

In this paper, Professor Resnik looks at recent Israeli and Indian Supreme Court cases suggesting that privatization of essential government functions is unconstitutional and applies this notion to the "privatization" of judicial adjudication through movements in America toward mediated settlement, mandatory arbitration, and the like. Once upon a time, the Postal Service was considered a critical service--even an obligation--of the federal government; now, the only Postmaster General I know sits on L2. Will the decline of the trial auger a similar fate for courts? This piece engages in comparative constitutional analysis and draws on a vast array of literature to parse questions about the meaning of sovereignty in a constitutional democracy. It's well-aligned with the themes of global constitutionalism that undergird the Gruber program that brought Justice Ginsburg to campus this week. Indeed, as one panelist noted today, "before there was Gruber, there was Reva and Resnik." We've seen the one, now it's time to see the other, in action and on her game. (NB: I actually have no idea whether Professor Resnik plans to cold call or not at our next PSW--so I highly encourage you all (a) to attend, so that our reading group is well represented and (b) to do the reading! Forreal!) 

Anyway, it's too gross outside for much excitement, and I know you're all jazzed up about the judiciary after today's events, so click "Download" and get readin!

Happy Friday,

Anjali

--
Anjali Motgi

Yale Law School, J.D. expected 2014

214.924.4731 | anjali...@gmail.com