John Fabian Witt

Yale University - Law School

Professor of Law and History

P.O. Box 208215

New Haven, CT 06520-8215

United States

SCHOLARLY PAPERS

25

DOWNLOADS
Rank 12,601

SSRN RANKINGS

Top 12,601

in Total Papers Downloads

4,570

SSRN CITATIONS

2

CROSSREF CITATIONS

4

Scholarly Papers (25)

1.

State Constitutions and American Tort Law: A History

Number of pages: 38 Posted: 10 Mar 2004
John Fabian Witt
Yale University - Law School
Downloads 694 (43,940)

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Torts, Tort Reform, State Constitutions,

2.

The Inevitability of Aggregate Settlement: An Institutional Account of American Tort Law

Vanderbilt Law Review, Vol. 57, 2004, Columbia Law and Economics Research Paper No. 252, Columbia Public Law Research Paper No. 04-71
Number of pages: 66 Posted: 04 May 2004 Last Revised: 03 Feb 2013
Samuel Issacharoff and John Fabian Witt
New York University School of Law and Yale University - Law School
Downloads 487 (69,131)

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Torts, Class Actions, Lawyers, Automobile Accidents, Employers' Liability, Asbestos

3.

Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1-5, 2016

Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1-5, 2016, UCLA School of Law, Public Law Research Paper No. 16-56, Yale Law & Economics Research Paper No. 566, Yale Law School, Public Law Research Paper No. 590
Number of pages: 461 Posted: 05 Dec 2016 Last Revised: 23 Jan 2017
Yale University - Law School, Supreme Court of Canada, Constitutional Court of Italy, Constitutional Court of Colombia, Supreme Court of the United Kingdom, Yale University - Law School, European Court of Human Rights, Yale Law School, Yale University - Law School, Yale University - Law School, Yale Law School, European Court of Human Rights, Yale University - Law School, Yale University - Law School and Yale University - Law School
Downloads 433 (79,705)

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global, constitutionalism, constitutional law, jurisprudence, procedure, civil, criminal, international law, courts, judges, judicial review, rights, liberties, human rights, sentencing

4.

Movement Capture or Movement Strategy? A Critical Race History Exchange on the Beginnings of Brown v. Board

Yale Journal of Law and the Humanities, Forthcoming
Number of pages: 25 Posted: 09 Jul 2020
Megan Ming Francis and John Fabian Witt
University of Washington - Department of Political Science and Yale University - Law School
Downloads 331 (108,871)

Abstract:

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5.

Two Conceptions of Suffering in War

Austin Sarat, ed., Knowing the Suffering of Others, University of Alabama Press, Forthcoming, Yale Law School, Public Law Working Paper No. 309
Number of pages: 50 Posted: 27 Sep 2013
John Fabian Witt
Yale University - Law School
Downloads 301 (120,308)

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proportionality, necessity, Francis Lieber, Henri Dunant, suffering, international humanitarian law, Red Cross, war

6.

Tort As Private Administration

Cornell Law Review, Vol. 105, No. 2, 2019
Number of pages: 57 Posted: 19 Apr 2019
Nathaniel Donahue and John Fabian Witt
Yale University, Law School and Yale University - Law School
Downloads 298 (121,507)

Abstract:

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torts, settlement, private administration, litigation, administration

7.

Contract’s Revenge: The Waiver Society and the Death of Tort

Cardozo Law Review, Forthcoming
Number of pages: 23 Posted: 20 Apr 2019
Ryan Martins, Shannon Price and John Fabian Witt
Yale University, Law School, Students, Yale University, Law School, Students and Yale University - Law School
Downloads 247 (147,343)

Abstract:

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waivers, exculpatory contracts, torts, personal injury, contract, consumer contracts

8.

Workmen's Compensation and the Logics of Social Insurance

Number of pages: 72 Posted: 18 May 2002
John Fabian Witt
Yale University - Law School
Downloads 242 (150,291)
Citation 1

Abstract:

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9.

The Internationalist Beginnings of American Civil Liberties

Number of pages: 55 Posted: 04 May 2004
John Fabian Witt
Yale University - Law School
Downloads 238 (152,733)

Abstract:

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Civil Liberties, Internationalism, International Law, Free Speech, First Amendment, Crystal Eastman, Roger Baldwin

10.

Contingency, Immanence, and Inevitability in the Law of Accidents

Columbia Public Law Research Paper No. 07-144
Number of pages: 37 Posted: 30 Apr 2007
John Fabian Witt
Yale University - Law School
Downloads 193 (186,021)
Citation 1

Abstract:

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11.

The Czar and the Slaves: Two Puzzles in the History of International Arbitration

American Journal of International Law (2018)
Number of pages: 45 Posted: 19 Apr 2019
Bennett Ostdiek and John Fabian Witt
Yale University - Law School and Yale University - Law School
Downloads 159 (220,073)

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international arbitration, slavery, slave trade, War of 1812

12.

A Lost Theory of American Emergency Constitutionalism

Law & History Review, 36:3, Forthcoming, Yale Law School, Public Law Research Paper No. 634
Number of pages: 41 Posted: 24 Mar 2018 Last Revised: 16 Aug 2018
John Fabian Witt
Yale University - Law School
Downloads 159 (220,073)

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Martial Law, Emergencies, Ex Parte Milligan, Francis Lieber, Civil War, Reconstruction, Slavery

13.

Inventing the War Crime: An Internal Theory

Virginia Journal of International Law, Vol. 59, No. 3, 2019
Number of pages: 58 Posted: 21 Apr 2019
Jessica Laird and John Fabian Witt
Yale University, Law School, Students and Yale University - Law School
Downloads 157 (222,507)

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history of international law, war crimes, laws of war, laws of armed conflict, humanitarian law, ius in bello

14.

Two Humanitarianisms in Ambrose Bierce's 'An Occurrence at Owl Creek Bridge'

Yale Law School, Public Law Research Paper No. 636
Number of pages: 29 Posted: 24 Mar 2018 Last Revised: 22 Mar 2019
John Fabian Witt
Yale University - Law School
Downloads 157 (222,507)
Citation 1

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Humanitarianism, Francis Lieber, Henri Dunant, Red Cross, Laws of War, War

15.

Form and Substance in the Law of Counterinsurgency Damages

Loyola of Los Angeles Law Review, Forthcoming, Columbia Public Law Research Paper No. 08-181
Number of pages: 20 Posted: 25 Feb 2008 Last Revised: 05 Sep 2008
John Fabian Witt
Yale University - Law School
Downloads 148 (233,523)

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Torts, Foreign Claims Act, counterinsurgency, damages, collateral damage, civilian, military, army, armed forces,

16.

The Fourteenth Amendment as an Ending: From Bayonet Justice to Paper Rights

Yale Law School, Public Law Research Paper No. 664
Number of pages: 31 Posted: 13 Feb 2019 Last Revised: 13 Mar 2019
Lisset M. Pino and John Fabian Witt
Yale University, Law School, Students and Yale University - Law School
Downloads 141 (242,849)

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Reconstruction, War Power, Fourteenth Amendment, Reconstruction Amendments, Legal History, Constitutional History

17.

The Hands Lecture: Adjudication in the Age of Disagreement

Fordham Law Review, Vol. 86, No. 149, 2017, Yale Law School, Public Law Research Paper No. 641
Number of pages: 14 Posted: 01 Apr 2018 Last Revised: 07 Jun 2018
John Fabian Witt
Yale University - Law School
Downloads 111 (290,379)

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Second Circuit Court of Appeals, Adjudication, Disagreement, Legal History, Courts, Federal Courts

18.

Radical Histories / Liberal Histories in Work Injury Law

American Journal of Legal History, 2020, Yale Law & Economics Research Paper Forthcoming
Number of pages: 10 Posted: 20 Nov 2020
John Fabian Witt
Yale University - Law School
Downloads 74 (374,502)

Abstract:

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torts, legal history, work accidents

19.

The King and the Dean: Melvin Belli, Roscoe Pound, and the Common Law Nation

Columbia Public Law Research Paper No. 07-140
Posted: 29 Jan 2007
John Fabian Witt
Yale University - Law School

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torts, tort law, personal injury, administrative law, melvin belli, roscoe pound

20.

Elias Hill's Exodus

Columbia Public Law Research Paper No. 07-141
Posted: 29 Jan 2007
John Fabian Witt
Yale University - Law School

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Liberia, emigration, Reconstruction, Elias Hill

21.

The Pyramid and the Machine: Founding Visions of the Nation in the Life of James Wilson

Columbia Public Law Research Paper No. 07-142
Posted: 29 Jan 2007
John Fabian Witt
Yale University - Law School

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James Wilson, legal profession

22.

Patriots and Cosmopolitans: Hidden Histories of American Law

Columbia Public Law Research Paper No. 07-136, Patriots and Cosmopolitans: Hidden Histories of American Law, Harvard University Press, 2007
Posted: 28 Jan 2007
John Fabian Witt
Yale University - Law School

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History, Legal History, Law & Humanities

23.

Narrating Bankruptcy / Narrating Risk

Posted: 06 Feb 2004
John Fabian Witt
Yale University - Law School

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bankruptcy, tort, inevitability, insurance, risk

24.

The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law

Posted: 04 Feb 2004
John Fabian Witt
Yale University - Law School

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accident, tort, risk, administrative state, contingency, free labor, workers' compensation, social insurance, cooperative insurance, insurance, industrial safety

25.

Speedy Fred Taylor and the Ironies of Enterprise Liability

Posted: 30 Nov 2002
John Fabian Witt
Yale University - Law School

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