The Yale Law Journal



Good and Bad Patient Involvement: Implementing the Patient-Involvement Provisions of the 21st Century Cures Act at the FDA

This Essay examines the FDA’s implementation of new statutory patient-involvement requirements in light of past problems with simlar initiatives atthe FDA. Despite the risks of repeating these mistakes, the Essay concludes that the Agency’s early implementation efforts are encouraging.

08 Apr 2019
Health LawAdministrative Law


Pregnancy and Living Wills: A Behavioral Economic Analysis

In most states, women are not permitted to have binding living wills during parts of their pregnancies. This Essay argues that the laws imposing these restrictions are ill-conceived and likely unconstitutional and, using behavioral economics, suggests a better alternative that respects women’s preferences and autonomy. 

08 Apr 2019
Health LawLaw and EconomicsWills, Trusts, and Estates


The Future of Privacy Law

Rapid technological change has led some to question whether modern Fourth Amendment doctrine appropriately protects individual privacy. This Collection considers that question across four domains: warrantless electronic surveillance, border searches, law enforcement cross-border data access, and civil litigation in the absence of a comprehensive data-protection regime.

01 Apr 2019
Constitutional LawCriminal ProcedurePrivacy


A Response to Justice Goodwin Liu

Judge Jeffery Sutton responds to Justice Goodwin Liu’s Review of 51 Imperfect Solutions: States and the Making of American Constitutional Law.

28 Mar 2019
FederalismConstitutional LawCivil Rights Law


The Punishment Bureaucracy: How to Think About “Criminal Justice Reform”

The “criminal justice reform” movement is in danger. Efforts to change the punishment bureaucracy are at risk of being co-opted by bureaucrats who have created and profited from mass human caging. This Essay seeks to understand the true functions of the punishment bureaucracy and to offer suggestions for dismantling it.

28 Mar 2019
Criminal LawCriminal ProcedureCritical Legal Studies


The Past, Present, and Future of Section 1115: Learning from History to Improve the Medicaid-Waiver Regime Today

This Essay argues that section 1115 waivers in the Medicaid program have increasingly bee misused, opening the door to ideologically motivated cuts or preconditions on coverage, and suggests a response. 

25 Mar 2019
Health LawFederalismStatutory Interpretation


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