The Yale Law Journal


RECENT


Collection

Reckoning and Reformation: Reflections and Legal Reponses to Racial Subordination and Structural Marginalization

Americans find themselves once again grappling with the reality and legacy of racial subordination and structural inequality. Law is central to both maintaining and dismantling structural subordination based upon race, class, and other marginalized identities. This collection, in conjunction with other law reviews, grapples with some of these realities.

01 Jun 2021
Antidiscrimination LawCorporate LawCritical Race Theory

Forum

Equal Supreme Court Access for Military Personnel: An Overdue Reform

Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court can veto access to the Supreme Court. This Essay argues for elimination of that veto.

31 May 2021
Federal CourtsMilitary Justice

Comment

Unsafe and Unsound: HIV Policy in the U.S. Military

The military’s approach to HIV was developed in the 1980s, at the height of the epidemic. Today, however, medical advances have transformed HIV from a deadly disease into a manageable chronic illness—but the military’s policies remain stuck in the past. This Comment makes the case for reform.

03 May 2021
Health Law

Article

A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s

The Supreme Court is poised to consider whether the Constitution’s original meaning is compatible with numerous and longstanding congressional laws delegating power to the bureaucracy to enact regulations affecting private rights within the United States. New evidence presented in this Article indicates Congress in the 1790s found such delegations constitutional.

02 May 2021
Administrative LawConstitutional LawLegal History

Review

Reevaluating Legal Theory

Law is a social practice that pursues a moral purpose. Analyzing Professor Julie Dickson’s Evaluation and Legal Theory, this Review brings the natural-law tradition into conversation with contemporary philosophy of social science to seek an approach to general jurisprudence that respects both the factual and ideal dimensions of law’s life.

02 May 2021
Legal Philosophy

Feature

Nondelegation at the Founding

Several current Supreme Court Justices have signaled a renewed interest in resurrecting the nondelegation doctrine, but numerous scholars have portrayed the doctrine as ahistorical and unoriginalist. This Feature systematically reviews the evidence and concludes there is much more historical support for a revived nondelegation doctrine than recent scholars have argued.

02 May 2021
Administrative LawConstitutional LawLegal History


NEWS


01 Feb 2021

Announcing Volume 131

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