Academic Appointments


All Publications


  • Ruth Bader Ginsburg, 1933-2020 NEW YORK REVIEW OF BOOKS Karlan, P. 2020; 67 (16): 19–20
  • Will He Go?: Trump and the Looming Election Meltdown in 2020 (Book Review) NEW YORK REVIEW OF BOOKS Book Review Authored by: Karlan, P. 2020; 67 (15): 4–8
  • JUST DESSERTS?: PUBLIC ACCOMMODATIONS, RELIGIOUS ACCOMMODATIONS, RACIAL EQUALITY, AND GAY RIGHTS SUPREME COURT REVIEW 2018 Karlan, P. S., Stone, G. R., Strauss, D. A., Driver, J. 2019: 145–77
  • Undue Burdens and Potential Opportunities in Voting Rights and Abortion Law INDIANA LAW JOURNAL Karlan, P. S. 2018; 93 (1): 139–57
  • ANSWERING QUESTIONS, QUESTIONING ANSWERS, AND THE ROLES OF EMPIRICISM IN THE LAW OF DEMOCRACY STANFORD LAW REVIEW Karlan, P. S. 2013; 65 (6): 1269-1289
  • The Transformation of Judicial Self-Restraint CALIFORNIA LAW REVIEW Karlan, P. S. 2012; 100 (3): 607-619
  • Lightning in the Hand: Indians and Voting Rights YALE LAW JOURNAL Karlan, P. S. 2011; 120 (6): 1420-1453
  • THE GAY AND THE ANGRY: THE SUPREME COURT AND THE BATTLES SURROUNDING SAME-SEX MARRIAGE SUPREME COURT REVIEW 2010 Karlan, P. S. 2011: 159-212
  • Let's Call the Whole Thing Off: Can States Abolish the Institution of Marriage? CALIFORNIA LAW REVIEW Karlan, P. S. 2010; 98 (3): 697-707
  • ELECTING JUDGES, JUDGING ELECTIONS, AND THE LESSONS OF CAPERTON HARVARD LAW REVIEW Karlan, P. S. 2009; 123 (1): 80-103
  • WHAT CAN BROWN (R) DO FOR YOU?: NEUTRAL PRINCIPLES AND AND THE STRUGGLE OVER THE EQUAL PROTECTION CLAUSE DUKE LAW JOURNAL Karlan, P. S. 2009; 58 (6): 1049-1069
  • Taking politics religiously: Can free exercise and establishment clause cases illuminate the law of democracy? INDIANA LAW JOURNAL Karlan, P. S. 2008; 83 (1): 1-20
  • Identifying the Barriers and Challenges to Voting by Residents in Nursing Homes and Assisted Living Settings JOURNAL OF AGING & SOCIAL POLICY Karlawish, J. H., Bonnie, R. J., Appelbaum, P. S., Kane, R. A., Lyketsos, C. G., Karlan, P. S., James, B. D., Sabatino, C., Lawrence, T., Knopman, D. 2008; 20 (1): 65-79

    Abstract

    To ascertain the need for and to inform development of guidelines for voting in long-term care settings, we conducted a telephone survey of Philadelphia nursing (n = 31) and assisted living (n = 20) settings following the 2003 election. Substantial variability existed in procedures used for registration and voting, in staff attitudes, and in the estimated proportion of residents who voted (29%+/-28, range 0-100%). Residents who wanted to vote were unable to do so at nearly one-third of sites, largely due to procedural problems. Nearly two-thirds of facilities indicated they assessed residents' voting capacity before the election. However, methods differed and may have disenfranchised residents who were actually competent to vote. Current procedures in many facilities fail to protect voting rights. These data suggest that rights might be better protected if election officials took charge of registration, filing absentee ballot requests, ballot completion, and trained LTC facility staff on voters' rights and reasonable accommodations.

    View details for DOI 10.1300/J031v20n01_04

    View details for Web of Science ID 000207709800004

    View details for PubMedID 18198160

  • Compelling interests/compelling institutions: Law schools as constitutional litigants UCLA LAW REVIEW Karlan, P. S. 2007; 54 (6): 1613-1634
  • Judicial independences Conference on Fair and Independent Courts/Conference on the State of the Judiciary/Symposium on Law of Politics - Role of Law in Advancing Democracy Karlan, P. S. GEORGETOWN LAW JOURNAL ASSOC. 2007: 1041–59
  • The paradoxical structure of constitutional litigation FORDHAM LAW REVIEW Karlan, P. S. 2007; 75 (4): 1913-1929
  • The partisan of nonpartisanship: Justice Stevens and the law of democracy Symposium on Jurisprudence of Justice John Paul Stevens Karlan, P. S. FORDHAM UNIV SCHOOL LAW. 2006: 2187–99
  • Contracting the thirteenth amendment: Hodges v. United States Lochner Centennial Conference Karlan, P. S. BOSTON UNIV LAW REVIEW. 2005: 783–809
  • John Hart Ely and the problem of Gerrymandering: The lion in winter YALE LAW JOURNAL Karlan, P. S. 2005; 114 (6): 1329-?
  • Where to draw the line?: Judicial review of political gerrymanders UNIVERSITY OF PENNSYLVANIA LAW REVIEW Issacharoff, S., Karlan, P. S. 2004; 153 (1): 541-578
  • Addressing the ethical, legal, and social issues raised by voting by persons with dementia JAMA-JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION Karlawish, J. H., Bonnie, R. J., Appelbaum, P. S., Lyketsos, C., James, B., Knopman, D., Patusky, C., Kane, R. A., Karlan, P. S. 2004; 292 (11): 1345-1350

    Abstract

    This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance to enable persons with cognitive impairment to vote; and formulation of uniform and workable policies for voting in long-term care settings. In some instances, extrapolation from existing policies and research permits reasonable recommendations to guide policy and practice. However, in other instances, additional research is necessary.

    View details for Web of Science ID 000223866800027

    View details for PubMedID 15367557

  • Convictions and doubts: Retribution, representation, and the debate over felon disenfranchisement STANFORD LAW REVIEW Karlan, P. S. 2004; 56 (5): 1147-1170
  • "Pricking the lines": The due process clause, punitive damages, and criminal punishment MINNESOTA LAW REVIEW Karlan, P. S. 2004; 88 (4): 880-920
  • Ballots and bullets: The exceptional history of the right to vote UNIVERSITY OF CINCINNATI LAW REVIEW Karlan, P. S. 2003; 71 (4): 1345-1372
  • Elections and change under Voting with Dollars CALIFORNIA LAW REVIEW Karlan, P. S. 2003; 91 (3): 705-722
  • Disarming the Private Attorney General UNIVERSITY OF ILLINOIS LAW REVIEW Karlan, P. S. 2003: 183-209
  • Exit strategies in constitutional law: Lessons for getting the least dangerous branch out of the political thicket Annual Meeting of the Association-of-American-Law-Schools Karlan, P. S. BOSTON UNIV LAW REVIEW. 2002: 667–98
  • The irony of immunity: The Eleventh Amendment, irreparable injury, and Section 1983 STANFORD LAW REVIEW Karlan, P. S. 2001; 53 (5): 1311-1330
  • Politics by other means Conference on the Law and Economics of Elections Karlan, P. S. UNIV VIRGINIA. 1999: 1697–1724
  • The hydraulics of campaign finance reform Symposium on Money, Politics, and Equality Issacharoff, S., Karlan, P. S. TEXAS LAW REVIEW PUBL INC. 1999: 1705–38
  • Two concepts of judicial independence SOUTHERN CALIFORNIA LAW REVIEW Karlan, P. S. 1999; 72 (2-3): 535-558
  • The path of the law firm: A comment on Ribstein's "Ethical rules, agency costs, and law firm structure" VIRGINIA LAW REVIEW Karlan, P. S. 1998; 84 (8): 1761-1775
  • Race, rights, and remedies in criminal adjudication MICHIGAN LAW REVIEW Karlan, P. S. 1998; 96 (7): 2001-2030
  • The fire next time: Reapportionment after the 2000 census Symposium on Law and the Political Process Karlan, P. S. STANFORD UNIV, STANFORD LAW SCHOOL. 1998: 731–63