The Yale Law Journal


RECENT


Collection

The Nineteenth Amendment at 100

The Nineteenth Amendment’s ratification in 1920 granted women the right to vote, but fell short of broader gender-equity goals. This Collection explores the suffrage movement’s goals, intersectional voices, and differences from other movements in the United States and abroad. This rich history provides important lessons on the Amendment’s Centennial.

20 Jan 2020
Antidiscrimination LawCivil Rights LawConstitutional LawVoting Rights

Collection

Excessive Fines and Punishments

This Collection considers the implications of the Supreme Court’s decision in Timbs v. Indiana. It discusses the emergence of an anti-ruination principle for punishment, the suitability of the Excessive Fines Clause’s “gross proportionality” standard, and the development of a forfeiture jurisprudence that would inquire into individual and familial hardship.

03 Jan 2020
Constitutional LawCriminal Procedure

Forum

Reconstituting the Future: An Equality Amendment

A new constitutional amendment embodying a substantive intersectional equality analysis aims to rectify the founding U.S. treatment of race and sex and additional hierarchical social inequalities. Historical and doctrinal context and critique show why this step is urgently needed. A draft of the amendment is offered.

26 Dec 2019
Antidiscrimination LawCivil Rights Law

Forum

The Point Isn't Moot: How Lower Courts Have Blessed Government Abuse of the Voluntary-Cessation Doctrine

Should government defendants be able to more easily moot a case than private defendants? This Essay argues that a strong voluntary-cessation doctrine is important to protecting individual rights and explains why—based on both precedent and policy—government and private defendants should be subject to the same strict standard. 

26 Nov 2019
Federal Courts

Collection

Yale Law Journal Public-Interest Fellowship Essays

In this Collection, the 2018-19 Yale Law Journal Public-Interest Fellows draw from their on-the-job experiences. They show how New York locks up poor, disabled sex-offender registrants beyond their sentences; long detention is used to deter immigrants in historically anomalous ways; and students face obstacles when seeking to vote.

25 Nov 2019

Forum

Did Bristol-Myers Squibb Kill the Nationwide Class Action?

This Essay presents the first comprehensive survey examining whether Bristol-Myers Squibb Co. v. Superior Court significantly limits multistate class actions in federal courts. It finds, contrary to many commenters, that a large supermajority of cases reject the argument that BMS’s constraints apply with respect to unnamed plaintiff class members.

19 Nov 2019
Civil Procedure


NEWS


21 Jan 2020

Announcing Volume 130

older news >