The Yale Law Journal



The Modern State and the Rise of the Business Corporation

This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. Corporate technologies require the support of a powerful state with the geographical reach, administrative power, and legal capacity necessary to enforce the law uniformly among a corporation’s various owners.

31 May 2023
Corporate LawLegal History


The Weaponization of Attorney’s Fees in an Age of Constitutional Warfare

States are using the threat of catastrophic, one-sided fee awards to evade judicial review in controversial areas like abortion and gun control. Litigants challenging such laws—and their attorneys—face liability for the opposing party’s legal fees, while the state and its ideological allies bear no such risk.

31 May 2023
Constitutional LawCivil ProcedureLegal Ethics


The Critical Racialization of Parents’ Rights

The anti-CRT movement is intertwined with the trend toward parents’ rights, which complains that official educational policies usurp fundamental parental rights. This Feature shows how these “twin” movements against CRT and for parents’ rights center White parents’ rights and the protection of White children for the benefit of White supremacy.

31 May 2023
Critical Race Theory


Legislative Constitutionalism and Federal Indian Law

This Feature offers alternative strategies and visions for a less court-centered constitutionalism with a case study of federal Indian law and American colonialism—a case study that places not only Congress, but the philosophies and agency of Native people and nations at the center of our constitutional law and history.

31 May 2023
Constitutional LawFederal Indian Law


The Anatomy of Social Movement Litigation

This Note argues that particular elements of the litigation process offer social movement activists distinctive opportunities to draw extralegal benefits from legal action. These benefits, however, are enabled and constrained by the procedural rules and norms that structure litigation itself.

31 May 2023
Civil ProcedureCivil-Rights Law


Racial Myopia in [Family] Law

Racial myopia in law is a complex phenomenon that centers white identity as the standard. A critique of the Article Family Law for the One-Hundred-Year Life, this Response presents a concrete framework and clarion call for all scholars to address legal issues in a racially inclusive way.

30 Apr 2023
Family Law


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