The Yale Law Journal



Concerted Arbitration

With the emergence of mass arbitration, companies that once promoted arbitration now seek to block employees from arbitrating claims. This Essay argues that employees have a right to mass arbitrate their claims because mass arbitration is a concerted activity protected by the National Labor Relations Act.

05 Jul 2022
Labor and Employment Law


Introduction to the Special Issue on the Law of the Territories

The Yale Law Journal is thrilled to present a Special Issue on the Law of the Territories, which explores unresolved controversies and debates concerning the U.S. territories. In the pages that follow, our authors examine the complex and often-fraught relationship between the U.S. government and its territories. Their pieces discuss

30 Jun 2022


The Limits of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was supposed to eliminate forced arbitration of cases involving sexual misconduct. This Essay explains why the Act fails to do so. In addition, it outlines what lawmakers and courts can do to fix this problem.

23 Jun 2022
Labor and Employment LawGender and Sexual OrientationFederalism


The Separation-of-Powers Counterrevolution

The Article traces modern separation-of-powers jurisprudence to the Court’s reaction to Reconstruction. Converting Lost Cause dogma into the language of constitutional law, the Court sparked a counterrevolution that obscures, and eclipses, a more normatively compelling conception—one that locates in representative institutions authority to constitute the separation of powers by statute.

31 May 2022
Separation of PowersLegal History


Rights, Structure, and Remediation

In The Collapse of Constitutional Remedies, Aziz Huq contends federal courts exacerbate societal inequities by overzealously enforcing constitutional limits on government regulation while neglecting individual-rights violations. Though some of Huq’s criticisms are spot-on, others are overstated, and his confessed “redistributive goals” —exalting certain constitutional protections over others—imperil rule-of-law principles.  

31 May 2022
RemediesConstitutional Law


State Water Ownership and the Future of Groundwater Management

Many states claim to own their water. How to understand such claims is a perennially muddied question which the Supreme Court recently failed to clarify. This Note demonstrates why states can have literal ownership of their water, and why a contrary conclusion could imperil groundwater management in the climate-changed future.

31 May 2022
Environmental Law


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