The Yale Law Journal



The Education Justice

author. Robert R. Slaughter Professor of Law, Yale Law School; Law Clerk for Justice Sandra Day O’Connor, 2006-07.

In June 2007—as my year with Justice O’Connor began drawing to a close—she stopped by my office for a friendly chat late one afternoon. Rather than physically knocking, she playfully intoned the

01 Jul 2024


Introduction to the Special Issue on State and Local Governance

Many are well-acquainted with Justice Brandeis’s metaphor that states serve as laboratories of democracy. While dicta in the 1932 decision, New State Ice Co. v. Liebmann,1 Brandeis’s words have taken hold in legal scholarship and subsequent jurisprudence for nearly a century since. However, what is often left out

30 Jun 2024


Lessons from My Mentor, Justice Sandra Day O’Connor

author. Circuit Judge, United States Court of Appeals for the Ninth Circuit; Law Clerk for Justice Sandra Day O’Connor, 2001-02. I thank my law clerks Rianna Hidalgo and Becca Hansen for their helpful edits to drafts of this tribute.

I had the great fortune to clerk for Justice O’Connor in

30 Jun 2024


The Glaring Gap in Tort Theory

The glaring gap in tort theory is its failure to take adequate account of liability insurance. We explain how to begin filling the gap in tort theory that results from omitting consideration of liability insurance, showing how liability insurance can appropriately figure in both deontic and consequentialist theories of tort.

31 May 2024


The Past and Future of Universal Vacatur

Universal vacatur is a legitimate part of administrative law’s remedial scheme, not a judicial invention. This Feature traces universal vacatur from the pre-APA period through Abbott Labs. It also juxtaposes the case against universal vacatur with the new major questions doctrine, showing that both centralize power in the Supreme Court.

31 May 2024
Federal CourtsAdministrative Law


Rationalizing Absurdity

Critiqued as a blank check for judicial intervention, the absurdity canon has been all but abandoned by modern textualists. But its total dismissal is unwarranted. By dissecting absurdity’s multiple meanings, this Note reframes and justifies the absurdity canon in terms of constitutional values inherent in the Equal Protection Clause.

31 May 2024
Statutory Interpretation


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