The Yale Law Journal



The Predominance Test: A Judicially Manageable Compactness Standard for Redistricting

Most states require compact legislative districts, but courts have no framework to judge when contorted districts are legally suspect. This Essay proposes a “Predominance Test” that limits the most egregious gerrymanders by comparing challenged maps to maximally compact plans to test whether compactness predominates over lower-tier and discretionary criteria.


07 Aug 2019


While They Waited: Pre-Obergefell Lives and the Law of Nonmarriage

This Essay looks at married same-sex couples who, pre-Obergefell, spent time in nonmarital relationships while awaiting the right to wed. In discussing how courts now count those pre-equality years toward the length of couples’ relationships—a decision relevant to adjudicating many benefits—the Essay illuminates weaknesses in current nonmarriage law.


30 Jul 2019


Empire States: The Coming of Dual Federalism

In the standard account of federalism’s eighteenth-century origins, the Framers divided government power among two sovereigns to protect individual liberties. This Article offers an alternative history. It emphasizes that federalism was a form of centralization—a shift of authority from diffuse quasi-sovereigns into the hands of only two legitimate sovereigns.

09 May 2019
FederalismLegal HistoryConstitutional LawFederal Indian Law


Sexual Privacy

New technology threatens the security of information about our intimate lives—our sexual privacy. This Article conceives of sexual privacy as a unique privacy interest that warrants more protection than traditional privacy laws offer. Instead, it suggests a new approach to protecting sexual privacy that relies on laws and markets.

09 May 2019
PrivacyGender and Sexual OrientationInternet Law


The Voluntariness of Voluntary Consent: Consent Searches and the Psychology of Compliance

The Fourth Amendment allows police to perform warrantless searches of individuals if they give consent to be searched and that consent is voluntary. Based on original laboratory research, this Essay posits that fact-finders assessing voluntariness underappreciate the extent to which suspects feel pressure to comply with requests to be searched.

09 May 2019
Criminal ProcedureConstitutional Law


Beyond Nudging: Debiasing Consumers Through Mixed Framing

Mixed framing juxtaposes the positive and negative attributes of a product. For example, a label using mixed framing might characterize food as “90% fat-free / 10% fat.” This Note advocates that regulators embrace mixed framing as a middle ground in the battle between paternalistic and libertarian approaches to consumer-protection law.

09 May 2019
Law and EconomicsConsumer LawFirst Amendment


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