The Yale Law Journal


RECENT


Forum

What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice

This Essay defends statutes creating public nuisance and consumer protection causes of action against firearms industry actors for their failure to take reasonable measures to control the flow of their products to criminal users. Such laws are predicate statutes under PLCAA and do not infringe the Second Amendment.

 

27 Feb 2024
Second AmendmentTorts

Forum

An Expansive View of “Federal Financial Assistance”

Thanks to an ambiguity in civil-rights statutes passed under Congresss spending power, many programs enjoy ample financial benefits while avoiding the requirements of federal antidiscrimination laws. This Essay argues that the remedy lies in a statutory reading that aligns with the expansive nature of the civil-rights statutes themselves.

26 Feb 2024
Antidiscrimination Law

Forum

Against Bankruptcy: Public Litigation Values Versus the Endless Quest for Global Peace in Mass Litigation

For the first time in years, in the Purdue Pharma opioids litigation, the Court is reviewing an unorthodox bankruptcy maneuver aimed at securing global settlement. This Essay critiques corporate defendants’ increasingly common turn to bankruptcy to shut down, or avoid altogether, complex civil litigation and the public goods it generates.

09 Feb 2024
Bankruptcy

Forum

“We Do No Such Thing”: 303 Creative v. Elenis and the Future of First Amendment Challenges to Public Accommodations Laws

In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws. 

 

29 Jan 2024
Antidiscrimination LawConstitutional LawFirst AmendmentGender and Sexual Orientation

Forum

The End of Asylum Redux and the Role of Law School Clinics

The Biden Administration has perpetuated many of the prior administration’s hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the U.S.-Mexico border.

04 Dec 2023
Immigration Law


NEWS

older news >