The Yale Law Journal



The Ostensible (and, at Times, Actual) Virtue of Deference

Rethinking Police Expertise reveals how litigators can use police officers’ assertions of expertise against them. This Response questions the value, however, of urging judges to treat police expertise as a “professional technology” as opposed to a “professional virtue.” Insisting on this conceptual distinction may weaken the article’s considerable normative potential.  

30 Nov 2021
Criminal ProcedurePolicing


The Tax Revolution of the American Rescue Plan Act

This Collection surveys the novel tax implications of the American Rescue Plan Act (ARPA). These Essays analyze ARPA through the lens of fiscal impoverishment, race, unemployment insurance, and state and local responses to economic crises. Each Essay proposes changes to our tax system based on the lessons learned from ARPA.

28 Nov 2021


Ordering Conduct Yet Evading Review: A Simple Step Toward Preserving Federal Supremacy

Texas’s patently unconstitutional Senate Bill 8, which effectively bans abortions and assigns enforcement to private individuals, has forced the question whether states can insulate their laws from pre-enforcement review. This piece offers a roadmap for the Court to hold that states may not engage in such procedural trickery.


19 Nov 2021
Federal Courts


Envisioning Equitable Online Governance

This Collection examines how inequality manifests on social media platforms and in the digital public sphere. Essays analyze how race, gender, and other facets of identity shape people’s experience of and access to the digital public sphere and explore the harms minority groups suffer in these spaces. Several Essays chart

16 Nov 2021
Internet LawPrivacy


Bankruptcy and Restructuring in Response to Exogenous Shocks

This Collection explores the impact of exogenous shocks on corporate restructurings and bankruptcies. These Essays analyze trends in restructuring practices and policy making, and they carefully consider the relationship between market forces and the Bankruptcy Code in achieving efficient restructuring outcomes that benefit a variety of stakeholders.

10 Nov 2021


The Contemporary Family

This Collection explores how the law treats the modern family. From divorced families to LGBTQ+ families to chosen families, these Essays suggest ways that the law should evolve to match emerging family structures. Two debating Essays illustrate the clash between religious beliefs about family and antidiscrimination law after the Supreme

05 Nov 2021
Family Law


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