The Yale Law Journal



Abolish ICE . . . and Then What?

This Essay proposes a blueprint for a new humane and effective immigration-enforcement system that could follow the dissolution of ICE. It explores the irredeemable defects of ICE and its enforcement paradigm and suggests realistic mechanisms to increase compliance with immigration laws without detention or mass deportation. 

07 Nov 2019
Immigration Law


An Intersectional Critique of Tiers of Scrutiny: Beyond “Either/Or” Approaches to Equal Protection

Examining a long-overlooked passage on gender in Justice Powell’s Bakke concurrence, the Essay applies the theory of intersectionality to show that Justice Powell’s reasoning was flawed. As his “single-axis” approach reveals, tiers-of-scrutiny analysis creates a doctrinal puzzle in equal-protection law, especially when applied to Black women. 

06 Nov 2019
Constitutional LawAntidiscrimination LawCivil Rights LawCritical Race Theory


Nudges and Norms in Multidistrict Litigation: A Response to Engstrom

Multidistrict-litigation judges have invented a medley of new procedures to adjudicate the mass-tort cases before them. As plaintiff fact sheets and Lone Pine orders become widespread, however, formal rules’ built-in protections wane and procedural burdens may fall more harshly on one side. 

04 Nov 2019
Civil ProcedureTorts


Supreme Court as Superweapon: A Response to Epps & Sitaraman

Daniel Epps and Ganesh Sitaraman propose radical reforms to restore a moderate Supreme Court. Unfortunately, their proposals might destroy the Court’s legitimacy in order to save it. A Court unbound by legal principle is too powerful a weapon to leave around in a democracy; we should start thinking about disarmament. 

04 Nov 2019
Federal CourtsConstitutional Law


Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber-Insurance Policies

Cyber-insurance policies often include a hostile-or-warlike action exclusion. The legal system is ill-equipped to handle the litigation that arises from coverage denials under this exclusion. This Essay explores the difficulties of accurately attributing attacks and adjudicating these insurance-coverage disputes. It concludes with four proposals to improve attribution and adjudication.


15 Oct 2019
Internet LawInsurance LawNational Security


Gender-Identity Protection, Trade, and the Trump Administration: A Tale of Reluctant Progressivism

This Essay discusses the inclusion of gender-identity protections in the Trump Administration’s “new NAFTA,” hypothesizing that these provisions were initially included without consulting important executive-branch stakeholders. Intriguingly, these protections demonstrate that trade agreements can lead even powerful governments to make value-laden commitments at odds with their own domestic agendas.

07 Oct 2019
Antidiscrimination LawInternational TradeGender and Sexual Orientation


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