The Yale Law Journal



National Emergencies

On February 15, 2019, President Trump declared a national emergency at the southern border, sparking a renewed debate on the powers granted to the President in the National Emergencies Act. This Collection considers the use of emergency powers in the United States and delves into potential checks on their invocation.

15 Feb 2020
Executive PowerImmigration LawNational Security


2019 Yale Law Journal Student-Essay Competition

The Essays that won the third annual Yale Law Journal Student-Essay Competition each raise concerns with recent developments in immigration law. They are Zachary New’s Ending Citizenship for Service in Forever Wars and Elizabeth Montano’s The Rise and Fall of Administrative Closure in Immigration Courts.

12 Feb 2020
Administrative LawImmigration Law


Twenty-First-Century Contract Law Is a Law of Agreements, Not Debts: A Response to Lewinsohn

Jed Lewinsohn’s excellent article on consideration offers groundbreaking work on the concept of exchange but errs in seeing the motivational account of consideration as a bad fit with doctrine. I argue that the motivational account provides a more natural justification for both consideration and for contract law as a whole.

31 Jan 2020
ContractsLegal PhilosophyLegal History


The Nineteenth Amendment at 100

The Nineteenth Amendment’s ratification in 1920 granted women the right to vote, but fell short of broader gender-equity goals. This Collection explores the suffrage movement’s goals, intersectional voices, and differences from other movements in the United States and abroad. This rich history provides important lessons on the Amendment’s Centennial.

20 Jan 2020
Antidiscrimination LawCivil Rights LawConstitutional LawVoting Rights


Excessive Fines and Punishments

This Collection considers the implications of the Supreme Court’s decision in Timbs v. Indiana. It discusses the emergence of an anti-ruination principle for punishment, the suitability of the Excessive Fines Clause’s “gross proportionality” standard, and the development of a forfeiture jurisprudence that would inquire into individual and familial hardship.

03 Jan 2020
Constitutional LawCriminal Procedure


Reconstituting the Future: An Equality Amendment

A new constitutional amendment embodying a substantive intersectional equality analysis aims to rectify the founding U.S. treatment of race and sex and additional hierarchical social inequalities. Historical and doctrinal context and critique show why this step is urgently needed. A draft of the amendment is offered.

26 Dec 2019
Antidiscrimination LawCivil Rights Law


21 Jan 2020

Announcing Volume 130

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