The Yale Law Journal



The Trump Administration and the Breakdown of Intra-Executive Legal Process

In the first year of the Trump Administration, a breakdown of intra-executive internal norms and legal processes has led to a remarkable series of losses in the courts. This Essay argues that such a breakdown can substantially damage both the viability of an administration’s policy agenda and public confidence.

16 Feb 2018
Executive PowerLegislation


Five Years After Shelby County v. Holder: The Ongoing Fight for Voting Rights

In the five years since Shelby County v. Holder, voting rights litigators have resorted to other claims under the Voting Rights Act. This Collection traces these litigation strategies—focusing on Sections 2 and 3—and introduces “vote dissociation,” which recognizes systemic problems of democratic governance as a voting rights issue.

08 Feb 2018


Dangerous Defendants

Bail reformers aspire to untether pretrial detention from wealth and condition it instead on the risk that a defendant will commit crime if released. In setting this risk threshold, this Article argues that there is no clear constitutional, moral, or practical basis for distinguishing between equally dangerous defendants and non-defendants.

25 Jan 2018
Criminal ProcedureCriminal Law


Government Hacking

The United States government hacks computer systems for law enforcement purposes. This Article provides the first comprehensive examination of how federal law regulates government malware, and argues that government hacking is inherently a Fourth Amendment search—a question on which the courts have sharply divide.

25 Jan 2018
PrivacyCriminal Procedure


Tailoring Regimes for a Designer Drug: Developing Civil Liability for Retailers of Synthetic Marijuana

The spread of synthetic marijuana is a public health crisis. Municipalities struggle with how to regulate drugs that can change as quickly as officials can design enforcement regimes. This Comment proposes leveraging creative administrative design and existing consumer protection torts to stem the tide of synthetic marijuana overdoses. 

25 Jan 2018
TortsLocal Government LawConsumer Law


The Original Theory of Constitutionalism

The conflict between various versions of “originalism” and “living constitutionalism” has long defined the landscape of constitutional theory and practice. In this Review of Richard Tuck’s The Sleeping Sovereign, David Grewal and Jedediah Purdy adapt the sovereignty-government distinction at the heart of the theory of the modern democratic state.

25 Jan 2018
Constitutional LawLegal HistoryLegal Philosophy


24 Jan 2018

Presenting Volume 128

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