The Yale Law Journal



The Agency Costs of Equal Treatment Clauses

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.

04 Dec 2017
Corporate Law


Responses to David Schleicher, Stuck! The Law and Economics of Residential Stagnation

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.

30 Oct 2017
Local Government Law


How Qualified Immunity Fails

This Article reports the findings of the largest and most comprehensive study to date of the role qualified immunity plays in constitutional litigation. I found that qualified immunity rarely served its intended role as a shield from discovery and trial in these cases.

26 Oct 2017
Civil Rights Law


Stuck! The Law and Economics of Residential Stagnation

America has become a nation of homebodies. This Article advances two central claims. First, declining interstate mobility rates create problems for federal macroeconomic policymaking. Second, the Article argues that governments, mostly at the state and local levels, have created a huge number of legal barriers to interstate mobility.

26 Oct 2017
Local Government Law


Originalism Without Text

Originalism is not about the text. A society can be recognizably originalist without any words to interpret: without a written constitution, written statutes, or any writing at all. What originalism generally is about is our present constitutional law and its dependence on a crucial moment in the past.

26 Oct 2017
Constitutional Law


Presidential Administration and the Durability of Climate-Consciousness

Climate change presents unique governance problems. The Obama Administration attempted to allay some of these challenges through procedural requirements throughout the federal bureaucracy that entrenched scientific analysis and expertise. This Note documents those requirements and posits that they might prove more durable than President Obama’s more visible environmental policies.

26 Oct 2017
Environmental Law


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