The Yale Law Journal



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


Why Rely on the Fourth Amendment To Do the Work of the First?

Government surveillance threatens not only individual privacy but also the freedom to dissent. Yet courts typically evaluate the lawfulness of surveillance solely through a Fourth Amendment lens rather than the First. This Essay briefly sets out how the First Amendment might once again become a bulwark against overreaching government surveillance.

25 Oct 2017


A Common-Law Privilege To Protect State and Local Courts During the Crimmigration Crisis

Under the Trump presidency, Immigration and Customs Enforcement (ICE) officers have been making immigration arrests in state and local courthouses. ICE’s refusal to stop these arrests raises the question: can anything more be done to stop these courthouse arrests? A common-law doctrine, the “privilege from arrest,” provides an affirmative answer. 

24 Oct 2017


A Seat at the Table: New Voices Urge Farm Bill Reform

The Farm Bill is complicit in crises of public health, the environment, and rural decay. The emerging field of food law and policy can help articulate a better vision for Farm Bills, and as debate around the 2018 Farm Bill begins, new law school collaborations are beginning to do just that. 

21 Oct 2017


Blatt v. Cabela’s Retail, Inc. and a New Path for Transgender Rights

Since the Supreme Court recognized marriage equality in Obergefell v. Hodges, civil rights advocates have increasingly set their sights on transgender rights as the next legal frontier. This Essay explores why, for over twenty-five years, transgender litigants have not invoked the protections of the;and why they now should.

12 Oct 2017


Online Platforms and Free Speech: Regulating Fake News

The 2016 election was marked by an epidemic of "fake news," or false information made to look like credible news reports. This Collection offers a series of policy proposals and reflections on the origins of fake news and how the dissemination of misinformation online can be addressed.

09 Oct 2017
Internet Law


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