The Yale Law Journal


RECENT


Collection

Yale Law Journal Public-Interest Fellowship Essays

In this Collection, the 2019-20 Yale Law Journal Public-Interest Fellows draw on their work experiences. They present a novel approach to tackling inaccurate population data in malapportionment litigation; argue that criminal-defense attorneys and judges must convey the denaturalization consequences of plea deals; and explore New York City’s undercollection of fines.

20 Oct 2020

Forum

Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court

Challengers are using false textualism to implode the ACA. They argue that a findings section is an “inseverability clause,” ignoring the text and location; the language is boilerplate not for severability but for the commerce power; and Congress’s actual inseverability clauses are unmistakably explicit, using language absent from the ACA.

02 Oct 2020
Statutory InterpretationLegislationCongress

Forum

Political Wine in a Judicial Bottle: Justice Sotomayor’s Surprising Concurrence in Aurelius

This Essay criticizes Justice Sotomayor’s concurring opinion in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC. for offering a one-sided and misleading explanation of the island’s constitutional status, and thereby taking sides in Puerto Rico’s decolonization debate.

21 Sep 2020
Constitutional LawU.S. Territories

Forum

Deadly Delay: The FDA’s Role in America’s COVID-Testing Debacle

Recently, the FDA asserted authority to regulate a type of COVID-19 diagnostics known as laboratory-developed tests, which long have been a front line of response to emerging disease. FDA did not, and should not, have authority to regulate these tests. Its intervention added minimal value while contributing to deadly delays.

 

29 Jul 2020
Health LawAdministrative Law

Forum

State of the Art: How Cultural Property Became a National-Security Priority

Until recently, the United States did little to help repatriate looted antiquities, thanks to a powerful coalition of art collectors, museums, and numismatists who preferred an unregulated art market. This Essay explores how the United States came to treat the protection of cultural property as an important national-security issue.

 

19 Jul 2020
Art LawInternational LawNational Security

Forum

The New Oil and Gas Governance

Even as the United States has become the world’s leading producer of oil and gas, U.S. oil and gas governance has changed drastically. States have amended statutes, applied existing laws, and modified common law doctrine to move beyond a once-unilateral focus on maximizing production and address environmental and social concerns.

29 Jun 2020
Energy and Natural Resources Law


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