The Yale Law Journal


RECENT


Collection

Antitrust and Digital Platforms

A fierce debate is raging over the proper level of antitrust enforcement against big tech companies like Google, Facebook, and Amazon. This Collection offers fresh perspectives on the history, implications, and challenges of applying antitrust law to digital platforms.

18 Jan 2021
Antitrust LawLaw and Technology

Collection

The 150th Anniversary of the Department of Justice

Last July marked the 150th anniversary of the establishment of the Department of Justice. The Department is perhaps as politicized as it’s ever been, and its relationship with the American public is fraught. In this Collection, alumni from the Department analyze what happened and what the future looks like.

15 Jan 2021
Criminal LawExecutive Power

Collection

The Progressive Era, 100 Years Later

One hundred years ago, Warren Harding’s election heralded the end of the Progressive Era. Harding promised a “return to normalcy,” but neither his administration nor subsequent changes have erased the progressives’ reforms. This collection evaluates the Progressive Era echoes in modern debates about race, labor, and the bureaucracy.

06 Jan 2021
Administrative LawCritical Race TheoryLabor and Employment Law

Forum

The Proceduralist Inversion – A Response to Skeel

This essay assesses Distorted Choice in Corporate Bankruptcy, by David Skeel. While Skeel usefully identifies how Restructuring Support Agreements (RSAs) help debtors secure support for Chapter 11 reorganizations, this essay argues that Skeel fails to appreciate that RSAs can also short-circuit the plan process, severing plan distributions from pre-bankruptcy entitlements.

24 Nov 2020
Corporate LawBankruptcy

Collection

The Insular Cases in Light of Aurelius

Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the Supreme Court in Aurelius. This collection evaluates these cases’ continuing influence, and is dedicated to the memory of Judge Juan R. Torruella, a forceful scholar of these cases’ troubled legacy.

02 Nov 2020

Article

Expounding the Constitution

This Article reinterprets Founding-era debates about constitutional interpretation as arguments over its nature. If analogous to public legislation, it would be read pragmatically; if more like private legislation, it would be construed narrowly. This insight provides vital context for contemporary debates about how to interpret statutes and expound the Constitution. 

01 Nov 2020
Constitutional LawLegal HistoryLegislation


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