Volume
135
number
3
January 2026

Article


A History of Vacatur

Benjamin B. Johnson

This Article traces vacatur from English and early American practice to the Supreme Court’s modern uses. Historically used for docket management, remedy after reversal, or judgment for procedural defects, modern vacatur (including GVRs, Munsingwear, and vacating without judgment) expands the Court’s policymaking powers in ways that test Article III’s limits.

31 Jan 2026

Federal Courts • Remedies • Legal History

Article


Trading Acres

Jessica A. Shoemaker & James Fallows Tierney

Trading Acres reveals how property, corporate, and securities law are fueling a new rural land grab, transforming farmland into an asset traded through global financial channels. The Article explains and critiques failed reforms and advances democratic alternatives to protect rural communities, local livelihoods, and a more sustainable food system.

31 Jan 2026

Law and Political Economy • Property • Corporate Law

Feature


The Forgotten Income-Attribution Power

Alex Zhang

Inequality has reached record levels, and the judiciary has shown increasing willingness to intervene through tax policy. This Feature excavates forgotten litigation materials to uncover the federal income-attribution power, which grants Congress broad discretion to tax A on income realized by B, paving the constitutional path for structural tax reform.

31 Jan 2026

Tax • Constitutional Law

Note


Broken Buying: Adversarial Legalism and (In)Efficiency in Procurement Law

Anthony M. Potts

Public-procurement laws are integral to government capacity. But two forces limit government’s potential: (1) adversarial legalism and (2) cost-based efficiency, both of which influence statutory interpretation and application. This Note argues that restoring the historical, broad conception of administrative discretion is necessary to counteract these forces.

31 Jan 2026

State & Local Government Law • Infrastructure • Law and Political Economy

Note


Ensuring Sovereignty in Healthcare: A Comparison of Tribal Healthcare Compacts and Medicaid

Trudel Pare

Medicaid faces an uncertain future. This Note looks to the Indian Health Service (IHS) for ways to buoy the nation’s largest healthcare program. Comparing Medicaid state plans with tribal contracting/compacting documents reveals how tribal leaders overcame distrust to create a robust tribal healthcare partnership, providing lessons for Medicaid.

31 Jan 2026

Federal Indian Law • Health Law

View current issue

Forum


Essay

This Essay argues that the legal system has allocated power over abortion and gender-affirming care decisions for minors in ways that may jeopardize rather than protect children’s well-being. The law insufficiently accounts for children’s interest in bodily autonomy and self-determination, leaving them at the mercy of politics and ideology.
03 Dec 2025

Essay

Property insurance availability is threatened by climate change.   Deregulating insurance markets is not the solution.  Stopping insurers’  financial support for fossil fuels, subrogation suits against fossil fuel companies,  and requiring insurers to account for mitigation, can help. But the future will be uninsurable without a transition away from fossil fuels.
03 Dec 2025

Collections


Collection

The Yale Law Journal inaugurates its Supreme Court Collection. The Journal has collected a series of scholarly essays analyzing cases from October Term 2024-25, with a Foreword by Third Circuit Judge Stephanos Bibas. We expect the Collection to be a fixture of the Journal for years to come.
27 Jan 2026

Collection

As the federal government rapidly alters policies in a broad variety of legal fields—from immigration enforcement to transportation to antidiscrimination law—cities and states find themselves at a crossroads. These Essays explore what might lie ahead as federalism takes new shape in the second Trump Administration.
20 Jan 2026

Collection

This Collection analyzes legal, social, and political dimensions of drug decriminalization in the context of current debates. The Essays explore issues related to state drug-policy reform, federal cannabis rescheduling, the separation of drug scheduling powers, and family separation in cases of parental drug use.
28 Mar 2025

Print Archive


Feature

The Forgotten Income-Attribution Power

Alex Zhang

31 Jan 2026

Article

Trading Acres

Jessica A. Shoemaker & James Fallows Tierney

31 Jan 2026

News


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