The Yale Law Journal


RECENT


Forum

Deadly Delay: The FDA’s Role in America’s COVID-Testing Debacle

Recently, the FDA asserted authority to regulate a type of COVID-19 diagnostics known as laboratory-developed tests, which long have been a front line of response to emerging disease. FDA did not, and should not, have authority to regulate these tests. Its intervention added minimal value while contributing to deadly delays.

 

29 Jul 2020
Health LawAdministrative Law

Forum

State of the Art: How Cultural Property Became a National-Security Priority

Until recently, the United States did little to help repatriate looted antiquities, thanks to a powerful coalition of art collectors, museums, and numismatists who preferred an unregulated art market. This Essay explores how the United States came to treat the protection of cultural property as an important national-security issue.

 

19 Jul 2020
Art LawInternational LawNational Security

Forum

The New Oil and Gas Governance

Even as the United States has become the world’s leading producer of oil and gas, U.S. oil and gas governance has changed drastically. States have amended statutes, applied existing laws, and modified common law doctrine to move beyond a once-unilateral focus on maximizing production and address environmental and social concerns.

29 Jun 2020
Energy and Natural Resources Law

Forum

Disability Law and the Case for Evidence-Based Triage in a Pandemic

When lifesaving medical treatments are scarce, disability law permits triage policies to consider patients’ probability of survival and post-treatment life expectancy. Evidence-based triage that considers these factors, rather than inaccurate stereotypes, can be not only legal and ethical, but consonant with the goals of disability law and advocacy.

24 Jun 2020
Antidiscrimination LawBioethicsHealth LawLegal Ethics

Article

Law Within Congress

What law governs Congress? This Article explores the importance of parliamentary precedent as a body of law and the House and Senate parliamentarians who make and enforce that law. Understanding this legal system sheds light on how Congress operates and on topics in public law more broadly.

31 May 2020
LegislationStatutory Interpretation

Article

Competition Wrongs

Drawing on various forms of business law, this Article argues that misconduct in the marketplace can wrong other market actors even though those actors did not have a right against the misconduct. This argument challenges traditional philosophical and legal assumptions about rights and accountability.

31 May 2020
Legal PhilosophyTorts


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