Faculty Profiles

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Publications by Bertrall Ross


Measuring Political Power: Suspect Class Determinations and the Poor (with Su Li), 104 Cal. L. Rev. ___ (forthcoming) (2016)

Paths of Resistance to Our Imperial First Amendment, 113 Mich. L. Rev. 917-942 (2015) (review of Robert Post, Campaign Finance Reform and the Constitution) (2015)

Embracing Administrative Constitutionalism, 95 B.U. L. Rev. 519-585 (2015)

Many Laws of Discrimination: The Multiple Sources of Constitutional-Statutory Convergence, 100 Iowa L. Rev. Bull. 65-77 (2015)

The State as Witness: Windsor, Shelby County, and Judicial Distrust of the Legislative Record, 89 N.Y.U. L. Rev. 2027-2105 (selected for the Harvard-Yale-Stanford Junior Faculty Forum) (2014)

Denying Deference: Civil Rights and Judicial Resistance to Administrative Constitutionalism, 2014 U. Chi. Legal F. 223-287 (2014)

Reconsidering Statutory Interpretive Divergence Between Elected and Appointed Judges, 80 U. Chi. L. Rev. Dialogue 53-80 (2013)

Democracy and Renewed Distrust: Equal Protection and the Evolving Judicial Conception of Politics, 101 Cal. L. Rev. 1565-1640 (2013)

The Representative Equality Principle: Disaggregating the Equal Protection Intent Standard, 81 Fordham L. Rev. 101-166 (selected for the Harvard-Yale-Stanford Junior Faculty Forum) (2012)

The Costs and Elusive Gains of Creating Complementarities Bewteen Party and Popular Democracy, 3 Cal. L. Rev. Circuit 146-158 (2012)

Against Constitutional Mainstreaming, 78 U. Chi. L. Rev. 1203-1261 (2011)

Minimum Responsiveness and the Political Exclusion of the Poor (with Terry Smith), 72 Law & Contemp. Probs. 197-221 (2009)

Reconciling the Booker Conflict: A Substantive Sixth Amendment in a Real Offense Sentencing System, 4 Cardozo Pub. L. Pol'y & Ethics J. 725-778 (2006)


What the Constitution Owes the Poor: Equal Protection and the Path Toward Political Equality, (under contract, Cambridge University Press) (2017)


"This is [Not] a White Man's Government:" The Fifteenth Amendment and the Original Meaning of the Right to Vote

Administrative Constitutionalism as Popular Constitutionalism

Chilling Effects and First Amendment Categoricalism: An Administrative Solution to a Campaign Finance Dilemma


Regulations Confronting Trade in Services, in Regionalism, Multilateralism, and Economic Integration: The Recent Experience, 253-274 (2003)