Benjamin Eidelson is an Assistant Professor of Law at Harvard Law School. Professor Eidelson’s writing focuses on the interplay of moral principles and legal rules, with a particular focus on contending conceptions of equality and respect. He works primarily in constitutional law, antidiscrimination law, and legal theory.
Professor Eidelson’s most recent project examines the idea of “treating people as individuals” in equal protection doctrine. His first book, Discrimination and Disrespect, based on his doctoral dissertation in philosophy, develops an account of wrongful discrimination rooted in the moral demands of respect for persons. He has also written on the legality of age discrimination in allocating organs for transplant, the parallels between claims of religious freedom and sexual autonomy, and the complex relationship between the Senate filibuster and the principle of majority rule.
Professor Eidelson graduated summa cum laude from Yale College and received his D.Phil. and B.Phil. in Philosophy from Oxford University, where he studied as a Rhodes Scholar and was awarded the Gilbert Ryle Prize. He then earned his J.D. from Yale Law School, where he served as the Editor-in-Chief of the Yale Law Journal and as a Student Director of the Supreme Court Advocacy Clinic. After law school, Professor Eidelson clerked for Chief Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit and for Justice Elena Kagan of the U.S. Supreme Court. Before coming to Harvard, he worked as a litigator at Jenner & Block LLP, where his matters included challenges to the rescission of the Deferred Action for Childhood Arrivals (DACA) program, the State Department’s interpretation of President Trump’s “travel ban,” and the ban on military service by transgender individuals.