Reva Siegel
Biographic Data
| ID | 4010005 |
|---|---|
| NAME | Reva Siegel |
| GIVEN NAMES | Reva |
| FAMILY NAME | Siegel |
| SIGNATURE | SIEGEL R |
| AFFILIATIONS | Yale University |
| VERIFIED | No |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 87 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 5 |
How Conflict Entrenched the Right to Privacy
We are about to mark the fiftieth anniversary of Griswold v. Connecticut,1 a 1965 case in which the Supreme Court struck down a Connecticut law that criminalized the use of contraception, in the process giving birth to the modern right to privacy. From Griswold's understanding of “liberty” grew the right to make decisions about abortion, and the right to engage in same-sex sex, without coercion by the criminal law. How has our understanding of th…
Democratizing Constitutional Memory
The Court regularly makes claims on the past—claims that have grown in prominence since conservatives on the Roberts Court invoked “history and tradition” to overrule longstanding case law on religious free exercise, the right to bear arms, and the right to abortion in its 2021 term and to threaten other rights since. The Court claims its historically based approach constrains judges by focusing interpretation on objective and impersonal facts in…
Equal Protection in Dobbs and Beyond
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Court rejected the Equal Protection Clause as an alternative ground for the abortion right. As the parties had not asserted an equal protection claim on which the Court could rule, Justice Alito cited an amicus brief we co-authored demonstrating that Mississippi’s abortion ban violated the Equal Protection Clause, and, in dicta, stated that precedents …
A política da memória constitucional
Aquelas que buscaram o direito ao voto para as mulheres reivindicaram liberdade e igualdade na família, baseadas em princípios sobre os quais o direito constitucional fora desenhado, mas não há nenhum traço de suas vozes ou reivindicações no direito constitucional. A Suprema Corte raramente menciona a décima nona emenda ao interpretar a Constituição. A Suprema Corte sequer menciona, em suas decisões, aquelas que lideraram a busca das mulheres por…
Memory Games
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
Dignity and the Politics of Protection
This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in Gonzales v. Carhart in debates of the antiabortion movement over the reach and rationale of statutes designed to overturn Roe—exploring strategic considerations that lead advocates to favor incremental restrictions over bans, and to supplement fetal-protective justifications with …
Prejudicial Appearances
Discrimination in the Eyes of the Law
Reva B. Siegel, Discrimination in the Eyes of the Law: How "Color Blindness" Discourse Disrupts and Rationalizes Social Stratification, California Law Review, Vol. 88, No. 1, The Brennan Center Symposium on Constitutional Law (Jan., 2000), pp. 77-118
Valuing Housework
This article explores the role that law has played in insulating wives' household labor from market exchange. During the 19th century, the feminist movement challenged giving a husband property rights in his wife's labor and argued that wives were entitled to rights in labor they performed in and out of the household. Legislatures and courts ultimately granted wives rights in labor performed for third parties but refused to countenance any arrang…
Why Equal Protection No Longer Protects
In this essay, Professor Siegel examines efforts to reform racial and gender status law in the nineteenth century in order to raise questions about the ways antidiscrimination law operates today. The essay demonstrates how efforts to dismantle an entrenched system of status regulation can produce changes in its constitutive rules and rhetoric, transforming the status regime without abolishing it. Part I illustrates this reform dynamic in the nine…
The Rule of Love
Reasoning from the Body
[T]HERE ARE SERIOUS constitutional concerns presented by abortion-restrictive regu lation that [Roe v. Wade] does not address. Restricting women's access to abortion im plicates constitutional values of equality as well as privacy.... A growing number of commentators have begun to address abortion regulation as an issue of sexual equal ity, l articulating concerns scarcely recognized in prevailing accounts of abortion as a right of privacy. Pr…
The Rule of Love
Valuing Housework
This article explores the role that law has played in insulating wives' household labor from market exchange. During the 19th century, the feminist movement challenged giving a husband property rights in his wife's labor and argued that wives were entitled to rights in labor they performed in and out of the household. Legislatures and courts ultimately granted wives rights in labor performed for third parties but refused to countenance any arrang…
Reasoning from the Body
[T]HERE ARE SERIOUS constitutional concerns presented by abortion-restrictive regu lation that [Roe v. Wade] does not address. Restricting women's access to abortion im plicates constitutional values of equality as well as privacy.... A growing number of commentators have begun to address abortion regulation as an issue of sexual equal ity, l articulating concerns scarcely recognized in prevailing accounts of abortion as a right of privacy. Pr…
Discrimination in the Eyes of the Law
Reva B. Siegel, Discrimination in the Eyes of the Law: How "Color Blindness" Discourse Disrupts and Rationalizes Social Stratification, California Law Review, Vol. 88, No. 1, The Brennan Center Symposium on Constitutional Law (Jan., 2000), pp. 77-118
Why Equal Protection No Longer Protects
In this essay, Professor Siegel examines efforts to reform racial and gender status law in the nineteenth century in order to raise questions about the ways antidiscrimination law operates today. The essay demonstrates how efforts to dismantle an entrenched system of status regulation can produce changes in its constitutive rules and rhetoric, transforming the status regime without abolishing it. Part I illustrates this reform dynamic in the nine…
Reasoning from the Body
[T]HERE ARE SERIOUS constitutional concerns presented by abortion-restrictive regu lation that [Roe v. Wade] does not address. Restricting women's access to abortion im plicates constitutional values of equality as well as privacy.... A growing number of commentators have begun to address abortion regulation as an issue of sexual equal ity, l articulating concerns scarcely recognized in prevailing accounts of abortion as a right of privacy. Pr…
The Rule of Love
Why Equal Protection No Longer Protects
In this essay, Professor Siegel examines efforts to reform racial and gender status law in the nineteenth century in order to raise questions about the ways antidiscrimination law operates today. The essay demonstrates how efforts to dismantle an entrenched system of status regulation can produce changes in its constitutive rules and rhetoric, transforming the status regime without abolishing it. Part I illustrates this reform dynamic in the nine…
Valuing Housework
This article explores the role that law has played in insulating wives' household labor from market exchange. During the 19th century, the feminist movement challenged giving a husband property rights in his wife's labor and argued that wives were entitled to rights in labor they performed in and out of the household. Legislatures and courts ultimately granted wives rights in labor performed for third parties but refused to countenance any arrang…
Discrimination in the Eyes of the Law
Reva B. Siegel, Discrimination in the Eyes of the Law: How "Color Blindness" Discourse Disrupts and Rationalizes Social Stratification, California Law Review, Vol. 88, No. 1, The Brennan Center Symposium on Constitutional Law (Jan., 2000), pp. 77-118
Prejudicial Appearances
Dignity and the Politics of Protection
This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in Gonzales v. Carhart in debates of the antiabortion movement over the reach and rationale of statutes designed to overturn Roe—exploring strategic considerations that lead advocates to favor incremental restrictions over bans, and to supplement fetal-protective justifications with …
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
Memory Games
Equal Protection in Dobbs and Beyond
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Court rejected the Equal Protection Clause as an alternative ground for the abortion right. As the parties had not asserted an equal protection claim on which the Court could rule, Justice Alito cited an amicus brief we co-authored demonstrating that Mississippi’s abortion ban violated the Equal Protection Clause, and, in dicta, stated that precedents …
A política da memória constitucional
Aquelas que buscaram o direito ao voto para as mulheres reivindicaram liberdade e igualdade na família, baseadas em princípios sobre os quais o direito constitucional fora desenhado, mas não há nenhum traço de suas vozes ou reivindicações no direito constitucional. A Suprema Corte raramente menciona a décima nona emenda ao interpretar a Constituição. A Suprema Corte sequer menciona, em suas decisões, aquelas que lideraram a busca das mulheres por…
How Conflict Entrenched the Right to Privacy
We are about to mark the fiftieth anniversary of Griswold v. Connecticut,1 a 1965 case in which the Supreme Court struck down a Connecticut law that criminalized the use of contraception, in the process giving birth to the modern right to privacy. From Griswold's understanding of “liberty” grew the right to make decisions about abortion, and the right to engage in same-sex sex, without coercion by the criminal law. How has our understanding of th…
Democratizing Constitutional Memory
The Court regularly makes claims on the past—claims that have grown in prominence since conservatives on the Roberts Court invoked “history and tradition” to overrule longstanding case law on religious free exercise, the right to bear arms, and the right to abortion in its 2021 term and to threaten other rights since. The Court claims its historically based approach constrains judges by focusing interpretation on objective and impersonal facts in…
Political science (9 works) · Law (8 works) · Law and economics (6 works) · Sociology (6 works) · American Constitutional Law and Politics (5 works) · Abortion (4 works) · Legal Systems and Judicial Processes (4 works) · Economics (3 works) · Law (3 works) · Law, Rights, and Freedoms (3 works)