This Article excavates the Founding Era approach to expressive freedom, which was grounded in a multifaceted understanding of natural rights that no longer survives in American constitutional thought. This forgotten history undercuts the Supreme Court’s recent insistence that the axioms of modern doctrine inhere in the Speech Clause itself.
In light of Hively, Evans, and Zarda, this Feature argues that Title VII’s bar to discrimination “because of sex” applies to LGBT individuals. This interpretation follows from Title VII's ordinary meaning, particularly in light of its purpose to entrench a merit-based workplace, in addition to its statutory history.
The existing approaches to conflicts of state search-and-seizure laws are either theoretically or practically flawed. When a search implicates multiple states’ laws, courts should undertake a two-step analysis. First, they should determine whether a conflict exists; and second, they should apply the law of the officer who performed the search.
The orthodox view is that statutory captions and titles should not inform interpretation. However, a more nuanced method distinguishes between Congress’s codification choices and those that the Office of the Law Revision Council makes. While the latter are rightly disregarded, judges should use the former to determine congressional intent.
This Essay analyzes the recent attempted exclusive licensing deal for a Zika vaccine, which would have hampered the drug’s affordability and availability. Revising the Patent Act to increase transparency and accountability in the licensing process would ultimately result in more affordable vaccines for outbreak diseases like Zika.
In 2017, the Yale Law Journal held an essay competition focused on emerging legal problems and challenges in law and technology, broadly conceived. This year’s winners are Alicia Solow-Niederman (Beyond the Privacy Torts: Reinvigorating a Common Law Approach for Data Breaches) and Opeyemi Akanbi (Policing Work Boundaries on the Cloud).
This Response to Douglas Nejaime’s The Nature of Parenthood shows how the recently approved revisions to the Uniform Parentage Act (UPA)—which expand the ways in which a nonbiological parent may establish her or his parentage—address many of the critical gaps in parentage law identified by NeJaime.
David Schleicher replies to Naomi Schoenbaum, Sheila Foster, Sara Pratt, and Michelle Wilde Anderson’s Responses to his Volume 127 Article, Stuck!:The Law and Economics of Residential Stagnation.
This Essay explores the agency costs associated with equal treatment clauses, which require all share classes to receive equal consideration in the event of an acquisition. Despite these clauses’ benign appearance, they actually create another hurdle to the sale of a controlled company to the potential detriment of minority shareholders.
This Collection provides a series of Responses to David Schleicher’s Article, Stuck! The Law and Economics of Residential Stagnation, published in Issue 1. Naomi Schoenbaum, Sheila Foster, Sara Pratt, and Michelle Anderson engage with Schleicher’s central ideas regarding declining interstate mobility.
This Article investigates the normative and constitutional case for a particular form of congressional delegation that is of increasing practical importance: delegations that give agencies the power to deprive statutory provisions of legal force and effect, a power this Article calls “administrative forbearance authority.” Although legal scholars have recently
114 Yale L.J. 1719 (2005) This Note builds on Larry Lessig's famous formulation that "code is law" to argue that Lessig was wrong to equate computer software with physical architecture. Although software resembles both law and architecture in its power to constrain behavior, it has features that distinguish it from