The Yale Law Journal


RECENT


Forum

Racial Myopia in [Family] Law

Racial myopia in law is a complex phenomenon that centers white identity as the standard. A critique of the Article Family Law for the One-Hundred-Year Life, this Response presents a concrete framework and clarion call for all scholars to address legal issues in a racially inclusive way.

30 Apr 2023
Family Law

Article

The Accountable Bureaucrat

An elected leader’s control may seem essential to bureaucratic accountability. But the administrative state itself better secures accountability’s core values. As this empirical study shows, complementarity between civil servants and political appointees; officials’ scrutiny of each other’s work; and constant interaction with affected publics all promote deliberation, inclusivity, and responsiveness.

30 Apr 2023
Administrative Law

Article

Family Law for the One-Hundred-Year Life

Family law is failing older adults, offering neither the family forms older adults want nor the support of family care older adults need. Racial and economic inequities, accumulated across lifetimes, exacerbate these problems. This Article responds to these challenges by proposing family law reform for our aging society.

30 Apr 2023
Family Law

Feature

The Adjudicative State

This Feature identifies a foundational problem in modern administrative law. It argues that the Supreme Court’s dual commitments to unitary executive theory and separation-of-powers literalism are in deep conflict when it comes to agency courts. Recognizing this conflict advances debates about how the Roberts Court is transforming the administrative state.

30 Apr 2023
Administrative LawExecutive PowerSeparation of Powers

Note

Antisubordinating the Second Amendment

Racial-justice claims have played an enduring role in the movement and jurisprudential history of the contemporary Second Amendment. This Note argues that, far from a source of equal freedom, our modern expansionist Second Amendmentwhich reasons in the register of history and traditionreinforces conditions of racial subordination.

30 Apr 2023
Second AmendmentConstitutional Law

Note

Judicial Bypass and Parental Rights After Dobbs

This Note explores the status of judicial bypass of parental-involvement laws for abortion, historically mandated to balance minors’ right to abortion and their parent’s right to direct their upbringing. We argue that, even after Dobbs, judicial bypass is legally supported and consistent with a proper understanding of parental rights.

30 Apr 2023
Reproductive Rights


NEWS

older news >