The Yale Law Journal


RECENT


Collection

2020 Yale Law Journal Student-Essay Competition

The Essays that won the third annual Yale Law Journal Student-Essay Competition each address current issues in First Amendment law. They are Justin W. Aimonetti & M. Christian Talley’s How Two Rights Made a Wrong: Sullivan, Anti-SLAPP, and the Underenforcement of Public-Figure Defamation Torts and Meenakshi Krishnan’s The Foreign Intelligence

20 Feb 2021
First Amendment

Forum

The Once and Future Countervailing Power of Labor

Drawing on the law that supported labor movement’s exercise of countervailing power against 1930s plutocracy, progressive social movements can use law to create a new political economy. But, as a condition of granting labor power, law channeled unions away from radicalism. Powerful class-based movement organizations find law an unreliable ally.

03 Feb 2021
Labor and Employment Law

Collection

Antitrust and Digital Platforms

A fierce debate is raging over the proper level of antitrust enforcement against big tech companies like Google, Facebook, and Amazon. This Collection offers fresh perspectives on the history, implications, and challenges of applying antitrust law to digital platforms.

18 Jan 2021
Antitrust LawLaw and Technology

Collection

The 150th Anniversary of the Department of Justice

Last July marked the 150th anniversary of the establishment of the Department of Justice. The Department is perhaps as politicized as it’s ever been, and its relationship with the American public is fraught. In this Collection, alumni from the Department analyze what happened and what the future looks like.

15 Jan 2021
Criminal LawExecutive Power

Collection

The Progressive Era, 100 Years Later

One hundred years ago, Warren Harding’s election heralded the end of the Progressive Era. Harding promised a “return to normalcy,” but neither his administration nor subsequent changes have erased the progressives’ reforms. This collection evaluates the Progressive Era echoes in modern debates about race, labor, and the bureaucracy.

06 Jan 2021
Administrative LawCritical Race TheoryLabor and Employment Law

Article

Retroactive Adjudication

This Article defends the inherent retroactivity of judicial lawmaking. It argues that there is no principled foundation for the Supreme Court’s non-retroactivity doctrine, and it provides an alternative framework: courts should always apply “new law” to old cases, and constrain its effects instead through well-recognized limitations on rights of action.

24 Nov 2020
Constitutional LawCivil ProcedureFederal CourtsLegal PhilosophyProperty


NEWS


01 Feb 2021

Announcing Volume 131

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