Rachel Bayefsky

  • Associate Professor of Law

Rachel Bayefsky writes about constitutional law, federal courts, civil procedure and legal theory. Her work addresses both the practical workings of legal institutions and underlying philosophical ideas such as dignity and equality. One of her areas of focus is the way legal institutions approach forms of harm less tangible than physical or economic damage, especially the harms of stigma and disrespect.

Prior to joining the faculty, Bayefsky clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York. Bayefsky also taught at Harvard Law School as a Climenko Fellow and Lecturer on Law, and worked as a litigator at Akin Gump Strauss Hauer & Feld in Washington, D.C. She earned her J.D. from Yale Law School, where she was editor-in-chief of the Yale Law Journal, and her D.Phil. from the University of Oxford, where she studied as a Rhodes Scholar.

Education

  • J.D.
    Yale Law School
    2015
  • D.Phil.
    University of Oxford
    2013
  • M.Sc.
    University of Oxford
    2010
  • B.A.
    Yale University
    2009

Articles and Book Chapters:

“Remedies and Respect: Rethinking the Role of Federal Judicial Relief,” 109 Geo. L. J. 1263 (2021).
SSRN

“Constitutional Injury and Tangibility,” 59 Wm. & Mary L. Rev. 2285 (2018).
SSRN

“Psychological Harm and Constitutional Standing,” 81 Brook. L. Rev. 1555 (2016).
SSRN

“Dignity as a Value in Agency Cost-Benefit Analysis,” 123 Yale L.J. 1732 (2014)
SSRN

“Dignity, Honor, and Human Rights: Kant’s Perspective,” 41 Political Theory 809 (2013).
JSTOR

“The State as a Temple of Human Freedom: Hegel on Religion and Politics,” in Angelica Nuzzo ed., Hegel on Religion and Politics 39 (2012).

“Dignity, Rights, Nature,” 73 Review of Politics 667 (2011) (reviewing George Kateb, Human Dignity (2011)).
JSTOR

Book:

“Dignity and Judicial Authority” (Book under contract with Oxford University Press)

Additional Publications:

“Tribute to Justice Ruth Bader Ginsburg,” Administrative & Regulatory Law News, American Bar Association Administrative Law & Regulatory Practice Section (Fall 2020).

“RBG: She Never Stopped Caring,” Scotusblog (Sept. 25, 2020).
Article

 

Current Courses

All Courses

Federal Courts
International Civil Litigation

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