Joseph Landau
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Representative Publications
Scholarly Publications
- Rescinding Rights, 106 Minnesota Law Review 1681 (2022)
- Broken Records: Reconceptualizing Rational Basis Review to Address “Alternative Facts” in the Legislative Process, 73 Vanderbilt Law Review 425 (2020)
- Process Scrutiny: Motivational Inquiry and Constitutional Rights, 119 Columbia Law Review 2147 (2019)
- New Majoritarian Constitutionalism, 103 Iowa Law Review 1033 (2018)
- Bureaucratic Administration: Experimentation and Immigration Law, 65 Duke Law Journal 1173-1240 (2016)
- Roberts, Kennedy, and the Subtle Differences That Matter In Obergefell, 84 Fordham Law Review 101 (2015)
- Due Process and the Non-Citizen: A Revolution Reconsidered, 47 University of Connecticut Law Review 879 (2015)
- Presidential Constitutionalism and Civil Rights, 55 William & Mary Law Review 1719 (2014)
- Chevron Meets Youngstown: National Security and the Administrative State, 92 Boston University Law Review 1917 (2012)
- DOMA and Presidential Discretion: Interpreting and Enforcing Federal Law, 81 Fordham Law Review 619 (2012)
- Symposium Foreword to The Defense of Marriage Act: Law, Policy, and the Future of Marriage, 81 Fordham Law Review 537 (2012)
- Muscular Procedure: Conditional Deference in the Executive Detention Cases, 84 Washington Law Review 661 (2009)
- "Soft Immutability" and "Imputed Gay Identity": Recent Developments in Transgender and Sexual Orientation-Based Asylum Law, 32 Fordham Urban Law Journal 237 (2005)
- Oakeshott's Politics of Faith and Politics of Skepticism (Book Review), The Wilson Quarterly, 2/1996
Additional Articles
- Opinion, Law Schools Must Embrace AI, New York Law Journal, July 12, 2023, at 2 (with Ron Lazebnik)
- Opinion, Law Schools Must Implement Meaningful Adjustments, New York Law Journal Online, June 29, 2021 (with Matthew Diller)
- Evolving Standards of Dual Citizenship, Lawfare, Dec. 6, 2016
- Why Chief Justice John Roberts Might Support Gay Marriage, The New York Times, April 27, 2015
- Kids, Gay Marriage and the Supreme Court, The Hill, April 24, 2015
- The Justices' Most Pressing Questions about the Defense of Marriage Act, The Stranger, March 27, 2013
- The Tough Questions in the Supreme Court's Prop. 8 Case, and What They Mean, The Stranger, March 26, 2013
- The DOMA Ripple Effect, The New Republic, March 11 2011
- Indefinite Detention Center, The New Republic, Nov. 13, 2008
- Reversal of Fortune, The New Republic, Mar. 10, 2004
- Judge Advocates, The New Republic, Feb. 25, 2004
- Misjudged, The New Republic, Feb. 9, 2004
- Ripple Effect, The New Republic, June 23, 2003 (cited in Brest et al., Processes of Constitutional Decisionmaking 1476 (5th ed. 2006))
- Marriage as Integration, in Same Sex Marriage: Pro and Con (Andrew Sullivan ed., 1997)