The Yale Law Journal



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


Sovereign Difference and Sovereign Deference on the Internet

This Response to Andrew Woods makes two points. First, it shows why the “fragmentation” charge frequently levied against sovereignty-based approaches to internet governance is misplaced. Second, it questions the efficacy of Woods’s normative theory of judicial comity.

18 Mar 2019
International LawInternet LawConflict of Laws


Critical Voices on Criminal Justice: Essays from Directly Affected Authors

People who have experienced incarceration have unique insights into the criminal system—insights that are often missing from legal scholarship and criminal justice policy. This Collection begins to bridge that gap.

25 Feb 2019
Civil Rights LawCriminal LawCriminal ProcedureGender and Sexual Orientation


Wayfair Undermines Nicastro: The Constitutional Connection Between State Tax Authority and Personal Jurisdiction

This Essay exposes connections between two controversial cases that unsettled two ostensibly distinct areas of constitutional law—Wayfair v. South Dakota and J. McIntyre Machinery, Ltd. v. Nicastro—arguing that Wayfair’s underlying logic warrants narrowing or overruling Nicastro. 

05 Feb 2019
Civil ProcedureTaxFederalism


Innovation Policy Pluralism

Intellectual property is not a monolith. It rewards innovators with temporary exclusive rights to their creations, and it conditions consumers’ access to such goods through proprietary pricing. Using this insight, this Article develops a more accurate framework for analyzing the innovation policy landscape than any in the existing literature.


31 Jan 2019
Intellectual PropertyHealth Law


An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act

This Article recovers an institutional experiment in the early history of the Fair Labor Standards Act as an example of democratic and egalitarian administrative law. The Act’s wage boards, the Article suggests, offer an alternative, participatory vision of governance in today’s age of growing political and social inequality.


31 Jan 2019
Labor and Employment LawLegal HistoryAdministrative Law


22 Jan 2019

Announcing Volume 129

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